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Drones Act 2018


REPUBLIC OF NAURU

DRONES ACT 2018

______________________________

No. 7 of 2018
______________________________


An Act to regulate the importation, sale and use of drones in the Republic and for related purposes

Certified: 6th March 2018

Table of Contents

PART 1 – PRELIMINARY
1 Short Title
2 Commencement
3 Objective of the Act
4 Definitions


PART 2 – ADMINISTRATION
5 Powers of the Secretary
6 Delegation of powers of the Secretary


PART 3 – PERMITS AND LICENCES
7 General prohibition
8 Application for permit to import drone
9 Conditions for permit
10 Application for licence to sell drones
11 Licence conditions
12 Power to revoke, limit or suspend permit or licence


PART 4 – PROHIBITION ON USE
13 Prohibited photography, filming and recording
14 Danger to person, property or animal
15 Prohibition on drone flight over residential premises
16 Prohibition on the carrying out of surveillance of residential premises
17 Protected areas


PART 5 – AUTHORISED OFFICERS
18 Minister may authorise officers
19 Identification of authorised officers
20 Powers of authorised officers


PART 6 – MISCELLANEOUS
21 Payment of penalty
22 Release of drone
23 Offences by corporations
24 Jurisdiction of Court
25 Regulations

Enacted by the Parliament of Nauru as follows:

PART 1 – PRELIMINARY

  1. Short Title

This Act may be cited as the Drones Act 2018.

  1. Commencement

This Act commences upon certification by the Speaker.

  1. Objective of the Act

The objective of the Act is to regulate the importation, sale and use of drones in the Republic.

  1. Definitions

In this Act:

‘Department’ means the Department of Finance;

‘drone’ means an aircraft that:

(a) is operated without a pilot on board;

(b) is controlled by a person by a remote or any other device;

(c) can fly autonomously through software-controlled flight plans in their computer systems; and

(d) includes an unmanned aircraft that is flown strictly for hobby or recreational purposes;

‘Minister’ means the Minister for Finance;

‘Secretary’ means the Secretary for Finance.

PART 2 – ADMINISTRATION

  1. Powers of the Secretary

The Secretary has the power to:


(a) issue, vary, suspend or revoke permits or licences;

(b) establish and maintain a register of all permits or licences issued for drones imported and being sold in the Republic;

(c) monitor the importation or sale of drones; and

(d) administer and enforce conditions of permits or licences issued under the Act.
  1. Delegation of powers of the Secretary

The Secretary may delegate with or without conditions to any person any or all of the Secretary’s powers under this Act.

PART 3 – PERMITS AND LICENCES

  1. General prohibition
  2. Application for permit to import drone
  3. Conditions for permit
  4. Application for licence to sell drones
  5. Licence conditions
  6. Power to revoke, limit or suspend permit or licence

The Secretary may revoke, limit or suspend a permit issued or licence granted under this Act where there has been a breach of any requirement or condition of the permit or licence.

PART 4 – PROHIBITION ON USE

  1. Prohibited photography, filming and recording
  2. Danger to person, property or animal
  3. Prohibition on drone flight over residential premises
  4. Prohibition on the carrying out of surveillance of residential premises
  5. Protected areas

PART 5 – AUTHORISED OFFICERS

  1. Minister may authorise officers
  2. Identification of authorised officers
  3. Powers of authorised officers

PART 6 – MISCELLANEOUS

  1. Payment of penalty

The owner or operator of the drone seized under section 20 shall on reclaiming the drone pay a prescribed penalty.


  1. Release of drone

The Department shall release the drone to the owner or seller under section 19 on the payment of the penalty and the permit or licence fee.

  1. Offences by corporations
(2) Upon conviction, the court may impose:
  1. Jurisdiction of Court

The District Court shall have jurisdiction to hear and determine all offences under this Act and shall have the power to impose the penalty or punishment in respect of the offences under this Act.


  1. Regulations

The Cabinet may make regulations prescribing any matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.



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URL: http://www.paclii.org/nr/legis/num_act/da201890