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Niue Amendment Act 1999

NIUE

NIUE AMENDMENT ACT

No. 246

Arrangement of provisions

1 Short title
2 Interpretation
3 Section 286 amended
4 Section 286A - Parole Board established

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AN ACT

to amend the Niue Act 1966

1 Short title

(1) This Act may be cited as the Niue Amendment Act 1999.

2 Interpretation

(1) In this Act -

"the principal Act" means the Niue Act 1966;

"Parole Board member" means a member of the Parole Board established pursuant to section 286A.

3 Section 286 amended

(1) Section 286 of the principal Act is hereby amended -

(a) by omitting from subsection (1) "the Governor-General, by warrant signed by him, may" and substituting "Cabinet may, on the recommendation of the Parole Board, by warrant";

(b) by omitting from subsection (2) "Cabinet may" and substituting "Minister of Justice may on the recommendation of the Secretary to Justice".

(c) by omitting from subsection (3) "Cabinet" and Substituting "Minister of Justice".

(d) by repealing subsection (4) and substituting the following subsection:

"(4) Any such pardon or remission may be made subject to such conditions as the Cabinet or, as the case may be, the Minister of Justice thinks fit, including in the case of remission of part of the sentence of an offender undergoing a sentence of imprisonment, if the Cabinet or the Minister of Justice as the case may be, (being, in the case of an offender undergoing a sentence of life imprisonment, such date as the Cabinet on the recommendation of the Parole Board determines, and in any other case a date not later than the date of the expiry of the term of the original sentence), he shall be subject to supervision by a person to be nominated from time to time by the Secretary to Justice, and shall comply with the directions of that person with respect to such matters as the Cabinet or the Minister of Justice, as the case may be, specifies."

(e) by omitting from subsection (6) "Governor-General" and substituting "Cabinet".

4 Section 286A - Parole Board established

(1) There is established a Parole Board consisting of 3 members who are to be appointed by Cabinet.

(2) Cabinet may appoint a Parole Board member under subsection (1) for a term not exceeding 3 years.

(3) Cabinet may appoint the Chairperson of the Board.

(4) A Parole Board member appointed under subsection (1) may be reappointed.

(5) A Parole Board member appointed under subsection (1) may resign by written notice given to Cabinet.

(6) The appointment of a Parole Board Member appointed under subsection (1) may be terminated by Cabinet for misconduct, inefficiency or inability.

The Niue Assembly passed this Act on the 9 day of June 1999.

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