Home | Databases | WorldLII | Search | Feedback Nauru Sessional Legislation

  Download original PDF

Quarantine (Amendment) Act 2020

REPUBLIC OF NAURU

QUARANTINE (AMENDMENT) ACT 2020

______________________________

No. 32 of 2020
______________________________

An Act to amend the Quarantine Act 1908.

Certified: 23^rd October 2020

Table of Contents

1 Short title

2 Commencement

3 Amendment of the Quarantine Act 1908

4 Amendment of Section 5

5 Amendment of Section 28

6 Amendment of Section 45

7 Amendment of Section 48

8 Amendment of Section 78

9 Amendment of Section 79

10 Amendment of Section 80

11 Amendment of Section 81

12 Amendment of Section 82

13 Amendment of Section 83

14 Amendment of Section 84

15 General amendment as to penalties in this Act

16 Amendment of Section 87

17 Insert new Section 87

Enacted by the Parliament of Nauru as follows:

1 Short title

This Act may be cited as the Quarantine (Amendment) Act 2020.

2 Commencement

This Act commences on certification of the Speaker.

3 Amendment of the Quarantine Act 1908

The Quarantine Act 1908 is amended by the provisions of this Act.

4 Amendment of Section 5

Section 5 is amended by inserting the following in alphabetical order, as follows:

‘fixed penalty’ means a prescribed penalty payable by the offender upon receipt of a Fixed Penalty Infringement Notice;

‘Minister’ means the Minister for Justice and Border Control;’

5 Amendment of Section 28

Section 28(4) is amended by deleting ‘Imprisonment for two years’ and substituting with ‘a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or to both’.

6 Amendment of Section 45

Section 45 is amended as follows:

(a) for subsection (2), by deleting ‘One hundred pounds or imprisonment for 3 months’ and substituting with ‘a fine not exceeding $1,000 or to a term of imprisonment not exceeding 3 months or to both’; and

(b) for subsection (4), by deleting ‘One hundred pounds or imprisonment for 3 months’ and substituting with ‘a fine not exceeding $1,000 or to a term of imprisonment not exceeding 3 months or to both’.

7 Amendment of Section 48

Section 48 is amended by deleting ‘ten pounds’ and substituting with ‘$1,000’.

8 Amendment of Section 78

Section 78 is amended by deleting ‘Three years’ imprisonment’ and substituting with ‘a fine not exceeding $20,000 or to a term of imprisonment not exceeding 3 years or to both’.

9 Amendment of Section 79

Section 79 is amended by deleting ‘Three years’ imprisonment’ and substituting with ‘a fine not exceeding $20,000 or to a term of imprisonment not exceeding 3 years or to both’.

10 Amendment of Section 80

Section 80 is amended by deleting ‘Two years’ imprisonment’ and substituting with ‘a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or to both’.

11 Amendment of Section 81

Section 81(3) is deleted and substituted as follows:

‘(3) The penalty for an offence against this Section shall be as follows:

(a) if the offence is prosecuted summarily, a fine not exceeding $1,000 or to a term of imprisonment not exceeding 6 months or to both;

(b) if the offence is prosecuted upon indictment, a fine not exceeding $20,000 or to a term of imprisonment not exceeding 3 years or to both.’

12 Amendment of Section 82

Section 82 is amended by deleting ‘Three years’ imprisonment’ and substituting with ‘a fine not exceeding $20,000 or to a term of imprisonment not exceeding 3 years or to both’.

13 Amendment of Section 83

Section 83 is amended by deleting ‘Two years’ imprisonment’ and substituting with ‘a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or to both’.

14 Amendment of Section 84

Section 84 is amended by deleting ‘Two years’ imprisonment’ and substituting with ‘a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or to both’.

15 General amendment as to penalties in this Act

The Act is amended as follows:

(a) by deleting ‘Five pounds’ wherever it appears and substituting with ‘a fine not exceeding $500’;

(b) by deleting ‘Ten pounds’ wherever it appears and substituting with ‘a fine not exceeding $500’;

(c) by deleting ‘Twenty pounds’ wherever it appears and substituting with ‘a fine not exceeding $500’;

(d) by deleting ‘Twenty-five pounds’ wherever it appears and substituting with ‘a fine not exceeding $500’;

(e) by deleting ‘Fifty pounds’ wherever it appears and substituting with ‘a fine not exceeding $500’;

(f) by deleting ‘One hundred pounds’ wherever it appears and substituting with ‘a fine not exceeding $1,000’; and

(g) by deleting ‘Five hundred pounds’ wherever it appears and substituting with ‘a fine not exceeding $5,000’.

16 Amendment of Section 87

Section 87 is amended as follows:

(a) by renumbering Section ‘87’ as Section ‘88’; and

(b) for subsection (1)(s), by deleting the words ‘not exceeding One hundred pounds’.

17 Insert new Section 87
‘87 Fixed Penalty Infringement Notices

(1) A quarantine officer or an authorised officer may issue a

Fixed Penalty Infringement Notice to a person who commits an offence under this Act that attracts a fine not exceeding $5,000.

(2) The Cabinet may make regulations prescribing the:

• (a) offences for which fixed penalties shall be imposed;
  
• (b) penalties for each corresponding prescribed fixed penalty offences;
  
• (c) Fixed Penalty Infringement Notice which a quarantine officer or authorised officer may serve to an offender for an offence for which a fixed penalty is prescribed;
  
• (d) a time frame for the payment of prescribed fixed penalty;
  
• (e) procedure for the prosecution of and additional penalties to be imposed by the court on offenders defaulting to pay prescribed penalty in accordance with the Fixed Penalty Infringement Notice;
  
• (f) procedures for dealing with Fixed Penalty Infringement Notices; and
  
• (g) any other matters in relation to the effective enforcement of the Fixed Penalty Infringement Notices.
  

(3) For the purposes of this Section, an authorised officer may be appointed by the Minister.’