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Passports (Amendment) Act 2016

REPUBLIC OF NAURU

PASSPORTS (AMENDMENT) ACT 2016

No. 46 of 2016

An Act to amend the Passports Act 2011

Certified: 8th September 2016

Table of Contents

1 SHORT TITLE
2 COMMENCEMENT
3 AMENDMENT OF PASSPORTS ACT 2011
4 AMENDMENT OF SECTION 24
5 AMENDMENT OF SECTION 39
6 REPEAL AND SUBSTITUTION OF SECTION 41

Enacted by the Parliament of Nauru as follows:

1 Short title

This Act may be cited as the Passports (Amendment) Act 2016.

2 Commencement

This Act commences upon certification by the Speaker.

3 Amendment of Passports Act 2011

The Passports Act 2011 is amended by the provisions of this Act.

4 Amendment of Section 24

(1) Section 24(2) of the Act is amended by omitting the current subsection (2)(c) and substituting with the following:

(c) the Minister believes on reasonable grounds that the person to whom the travel document was issued has engaged in or, is likely to engage in conduct that might:

• (i) prejudice or affect the national and economic security of Nauru or a foreign country;
• (ii) endanger the health or physical safety of other persons;
• (iii) endanger the safety and welfare of children in Nauru or a foreign country;
• (iv) constitute a serious offence against this Act;
• (v) constitute a serious offence against another Act;
• (vi) constitute a terrorism related activity or other serious organised criminal activity;
• (vii) constitute absconding from the payment of a debt owed to the Republic;
• (viii) constitute absconding from the payment of any taxes owed to the Republic; or
• (ix) constitute a law enforcement matter as prescribed under sections 16 and 17.

(2) Section 24(3) is amended by omitting the current subsection and substituting it with the following:

(3) The Minister must cancel a Nauruan travel document if the Minister becomes aware of a circumstance that would have prevented the issuance of the travel document under section 7(1), 12 (1), 15 (1), 19, or 21.

5 Amendment of Section 39

Section 39(d) of the Act is amended by omitting the current subparagraph and substituting it with the following:

(d) if the decision was made by the Minister, the affected person may by written application to the President, request that the decision of the Minister be reviewed.

6 Repeal and substitution of Section 41

Section 41 of the Act is repealed and substituted with the following:

(1) An affected person for a reviewable decision made by the Minister may appeal the decision to the President.
(2) An appeal to the President must:

• (a) be in writing;
• (b) set out the reasons for the appeal; and
• (c) be lodged within 28 days of receipt of the notice under section 39.

(3) The appeal does not affect the operation or implementation of the reviewable decision.
(4) In considering the appeal the President may affirm, vary or set aside the decision.
(5) A decision made by the President under subsection (4) is final and conclusive.
(6) Any decision made for the reasons prescribed under section 24(2)(c)(i) is non justiciable.