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Nauru Sessional Legislation |
REPUBLIC OF NAURU
(No. 2 of 2007)
ARRANGEMENT OF SECTIONS
Section
l.
Short Title
2. Principal
Act
3. Constitutional
Convention
4. Membership of
Convention
5. Appointment of
Representatives
6. Election of
Representatives
7. Determination of
Results of Elections
8. Returning
Officer
9. Chairman of the
Convention
10. Meetings of the
Convention
11.
Procedures
12. Allowances to
Members
13. Amendments that may be
Considered by the Convention
14. Staff
Assisting the Convention
15. Result of
the Deliberations of the
Convention
16. Conduct of
Referendum
17.
Regulations
Schedules
Schedule
1 Writ for an Election of Representatives
to the Constitutional
Convention
Schedule
2 Nomination of Representative at
Constitutional Convention for the Republic of Nauru
_______________________
AN ACT
To provide for a Constitutional Convention for the purpose of considering and proposing changes to the Constitution of Nauru.
(Certified:
14th
March 2007)
ENACTED
by the Parliament of Nauru as
follows:-
SHORT
TITLE
1.
This Act may be cited as the
Constitutional
Convention Act
2007.
INTERPRETATION
2.
In this Act, unless the contrary intention appears -
''candidate" means a person nominated for election as a representative for a constituency;
"Constituency" means the constituencies of Aiwo, Anabar, Anetan, Boe, Buada, Meneng, Ubenide and Yaren as set out in the Second Schedule to the Constitution;
"electoral roll" means a roll of electors kept in accordance with Section 6 of the Electoral Act 1965-1973;
"representative" means a person appointed or elected in accordance with Section 5;
"the Chairman" means the person appointed under Section 10 as Chairman of the Constitutional Convention and includes the person appointed under that Section as Deputy Chairman of the Constitutional Convention and any other person who is for the time being authorised to preside at meetings of the Constitutional Convention;
"the Constitutional Convention", or "the Convention" means the Constitutional Convention established by Section 3;
"the Constitutional Review Commission" means the Commission appointed by the Standing Committee to prepare a Report and Recommendation on amendments to the Constitution of Nauru for consideration by the Convention;
"the Standing Committee on Constitutional Review'' or "the Standing Committee'' means the Standing Committee established under the Constitutional Review Committee Act 2004.
CONSTITUTIONAL
CONVENTION
3.
There shall be a Constitutional Convention for Nauru, the first meeting of which
shall be held within 60 days of the date this Act
becomes law, for the purpose
of considering proposals for amendments to the Constitution which agreed
amendments shall be then put
to the Parliament in accordance with the provisions
of Article 84(2) and if passed in accordance therewith put to a Referendum in
accordance with Article 84(3), (4) and
(5).
MEMBERSHIP
OF
CONVENTION
4.
The membership of the Constitutional Convention shall consist of the following
persons:
(a) the elected Members of the Parliament who are current members of the Parliamentary Standing Committee on Constitutional Review at the date of commencement of this Act and any other person who subsequently becomes a member of that Standing Committee in the place of any person who ceases to be a member;
(b) nine Nauruan representatives appointed by the Standing Committee on Constitutional Review in accordance with section 5 of this Act; and
(c) eighteen elected representatives elected in the same manner and from the same constituencies as applicable in a General Election for the Parliament of Nauru, by all persons registered to vote in such a General Election.
APPOINTMENT
OF
REPRESENTATIVES
5
(1) The Standing Committee shall select and appoint nine representatives to the
Convention, and such selection and appointment shall:
(a) be completed no later than 21 days after the date that this Act comes into force; and
(b) be published in the Gazette and in the Government Bulletin and announced in Parliament on the next sitting day of Parliament following the appointment.
(2)
The Standing Committee shall not appoint to the Convention any person who is not
a Nauruan Citizen and a registered voter, and
shall ensure that the
representatives appointed represent a wide cross-section of Nauruan
society.
ELECTION
OF
REPRESENTATIVES
6
(1) The elections for representatives pursuant to this section shall be held on
a day not later than 40 days after the date this
Act comes into force, in
accordance with a writ for election issued by the Speaker of Parliament to the
Returning Officer in the
form prescribed in Schedule
1.
(2) The representatives for a
Constituency shall be elected by the persons whose names appear on an electoral
roll for that Constituency.
(3) A
person may not vote if he or she is not registered to vote and may only vote
once and for the Constituency for which he or she
is
enrolled.
Penalty:
$500.00
(4) A person who is
qualified under this Act may submit a written nomination as a candidate for
election, in the form prescribed in
Schedule 2, and such nomination must be
submitted by the deadline declared by the Returning
Officer.
(5) A person is not
qualified to be a candidate for election as a representative for a Constituency
unless his or her name appears
on an electoral roll for that
Constituency.
(6) A person who is
a representative by virtue of subsection 4(a) or (b) is not qualified to be a
candidate for election as a representative
for a
Constituency.
(7) A person must
not be a candidate for more than one
Constituency.
(8) Unless otherwise
provided by this Act or by Regulations made hereunder, the provisions of the
Electoral
Act shall apply to the elections to be
held under this Act as far as the same may be reasonably
applicable.
DETERMINATION
OF RESULTS OF ELECTION
7
(l) The results of the election of representatives shall be determined in
accordance with the provisions of the
Electoral
Act using the Dowdall system as set out
in the Electoral
(Electoral System) Regulations
1971.
(2)
The results of the election of representatives shall be declared by the
Returning Officer in accordance with section 28 of the
Electoral Act
1965-1992.
RETURNING
OFFICER
8
(1) The Cabinet may, by notice in the
Gazette,
appoint a person to be the Returning Officer for the election under section 6
but if it does not do so the Chief Secretary shall
be the Returning
Officer.
(2) The Returning Officer
shall appoint a person to act as Presiding Officer at each polling
place.
(3) The Returning Officer
shall determine at what places polling places shall be established and shall
advertise by Notice in the
Gazette and also by notice affixed to the exterior of
each polling place at least 10 days before polling day and continuously
thereafter
until polling is
complete.
(4) A Returning Officer
and a Presiding Officer respectively shall exercise such powers and shall
perform such functions as may be
prescribed.
CHAIRMAN
OF THE CONVENTION
9
(1) The representatives shall appoint two of their own number to be the Chairman
and the Deputy Chairman respectively of the
Convention.
(2) The Chairman shall
preside at meetings of the
Convention.
MEETINGS
OF THE CONVENTION
10
(1) The first meeting of the convention
shall be held at a time and a place fixed by the Standing Committee by notice in
the
Gazette
and on a date not later than the date prescribed by section
6.
(2) Subsequent meetings of the
Convention shall be held on each consecutive day (excluding Saturdays Sundays
and public holidays)
at the times and the places the Chairman may with the
approval of the Convention from time to time appoint, but the Convention shall
not sit more than 6 weeks after the first sitting day unless no later than the
end of the
5th
week the Standing Committee so resolves upon the recommendation of the
Chairman.
(3) Nothing in
subsection (2) prevents the Convention agreeing to adjourn for a period or
periods no longer than 2 consecutive days
(excluding Saturday and Sunday and
public holidays) in any week nor prevents the Convention resolving to meet on a
Saturday or
Sunday.
PROCEDURE
11.
Subject to this Act, the Convention shall determine its own
procedure.
ALLOWANCES
TO
MEMBERS
12
(1) The Chief Secretary shall grant any representative who is an officer or
employee in the Public Service, leave with pay without
deduction from leave for
recreation for periods necessary to enable him or her to attend meetings of the
Convention.
(2) A representative
who is not in receipt of pay by means of salary, stipend or wages for any week
during which he or she is present
at meetings of the Convention shall for his or
her attendance at the Convention during that week be paid an allowance that is
the
equivalent of the weekly salary paid to Members of Parliament, or, if he or
she is in receipt of salary, stipend and wages for some
days but not for every
day on which he or she is present at a meeting of the Convention, shall for his
or her attendance at the Convention
on the days on which he or she received no
other allowance be paid such allowance on a pro rata
basis.
AMENDMENTS
THAT MAY BE CONSIDERED BY THE
CONVENTION
13.
The Convention shall consider the recommendations contained in the Report of the
Constitutional Review Commission and any proposals
put to it through the
Chairman by members of the Convention that relate to the Report and
Recommendations.
STAFF
ASSISTING THE CONVENTION
14.
The Convention shall be assisted by full-time administrative staff, and by at
least 2 legal counsel. Counsels assisting the Convention
shall be responsible,
inter alia, for preparing a draft Bill in accordance with the resolutions of the
Convention for the purposes
of section
15(2).
RESULT
OF THE DELIBERATIONS OF THE
CONVENTION
15
(1) No later than 14 days following the
conclusion of its deliberations the Convention shall deliver to the Speaker for
tabling in
Parliament a Report signed by the Chairman and each representative
which shall include, as an appendix or appendices thereto, any
dissenting report
of a representative and such Report shall upon being tabled in Parliament be
published and made available to any
person upon payment of a sum of not more
than $20: PROVIDED that if Parliament does not meet within 30 days of the
production of
the Report it shall be published and made available to any person
as aforesaid.
(2) The Report of
the Convention shall include, as an appendix thereto, a draft Bill to amend the
Constitution in accordance with
the resolutions of the Convention, unless the
Convention has resolved that there should be no amendments to the
Constitution.
(3) The Chairman of
the Standing Committee shall within 14 days of the presentation of the Report of
the Convention place the Bill
for amendment to the Constitution (if any) on
notice and proceed to introduce the Bill to Parliament for consideration in
accordance
with Article 84(2) of the Constitution of
Nauru.
CONDUCT
OF REFERENDUM
16.
If Parliament passes a proposed law for the amendment of the Constitution in
conformity with Article 84(2) and the provisions of
Article 84(3) apply to the
proposed law then the referendum required to be held to comply with Article
84(3) shall be held in accordance
with the provisions of the
Constitutional Review
Committee Act 2004 as amended and the
Schedule
thereto.
REGULATIONS
17.
Cabinet may make regulations, not inconsistent with this Act, prescribing all
matters necessary or convenient to be prescribed for
or in connection with the
election of representatives.
____________
SCHEDULE ONE
FORM' 1
(Section 6(1))
REPUBLIC
OF
NAURU
CONSTITUTIONAL
CONVENTION ACT 2007
WRIT FOR AN ELECTION OF REPRESENTATIVES TO THE CONSTITUTIONAL CONVENTION
TO: The Returning
Officer,
GREETING
This
notice is issued to command you to cause elections to be made according to law
of representatives to serve in the Constitutional
Convention for the Republic of
Nauru; and I appoint the ........ day of .........., 2007, to be the date when
the poll (if any) for
the purposes of the elections shall be
taken.
GIVEN under my hand at
Nauru this day of ..........,
2007.
SPEAKER
SCHEDULE TWO
FORM
2
REPUBLIC
OF
NAURU
CONSTITUTIONAL
CONVENTION ACT 2007
NOMINATION OF REPRESENTATIVE AT CONSTITUTIONAL CONVENTION FOR THE REPUBLIC OF NAURU
We hereby
nominate*_________________________________
Of**_______________________________________________
as
a representative at the Constitutional Convention for the Constituency
of***_______________________________________________
DATED
this ............. day of ........................., 2007.
___________________________________
Signature of Elector
____________________________________
Signature of Elector
I hereby consent to the
above nomination.
DATED this
.............day of
...........2007
__________________________________
Signature
of
Candidate
__________________________________________________________________________
*
Here insert in full names of the
Candidate
** Here insert the
candidate's place of residence and
occupation
*** Here insert the name of
the Constituency
I hereby certify that the above is a fair print of a Bill for an Act entitled Constitutional Convention Act 2007, has been passed by Parliament of Nauru and is now Presented to the Speaker for his Certificate under the Article 47 of the Constitution.
...................
Clerk of Parliament
14th
March 2007
Pursuant to Article 47
of the Constitution,
I,
VALDON K.
DOWIYOGO, Speaker of
Parliament, hereby
certify that the
Constitutional
Convention Act 2007 has been passed by
Parliament of
Nauru
..................
Speaker
14th
March 2007
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