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Passports Act 1997

Republic of Nauru

Passports Act 1997

(No. 9 of 1997)
___________

ARRANGEMENT OF SECTIONS

Section

1. Short Titles
2. Savings
3. Extra- Territorial Operation of Act
4. Interpretation
5. Approved Senior Officer
6. Approved Officer
7. Nauruan Passports to remain property of the Republic
8. Issue of Passports
9. Passport not to be issued to unmarried minors except in special circumstances
10. Passports not to be issued to certain persons
11. Passport not to be issued if money owing to Republic.
12. Issue of concurrently valid Passports
13. Passports not to be issued in certain circumstances
14. Cancellation of Passports, & C.
15. Notification of loss or theft of Passports
16. Power to order Passport to be delivered up
17. Offences relating to improper use or possession of Passports, & C
18. Offences relating to Forgery, & C., of Passports
19. Offences relating to the issue of Passports
20. Penalty for making false statements
21. Prosecution of offences
22. Review of certain decisions
23. Notice of Decision
24. Delegation
25. Regulations

_________________

AN ACT

(No. 9 of 1997)

To make provision for the issue of Nauruan Passports, to validate the issue of existing passports and for other related purposes

(Certified: 13 June 1997)

ENACTED by the Parliament of Nauru as follows:-

SHORT TITLE

1. This Act may be cited as the Passports Act 1997.

SAVINGS

2. All persons things and circumstances appointed or created or existing or continuing immediately before the commencement of this Act concerning the issue and withdrawal of passports shall be deemed always to have been done and to have had the same status operation and effect as they respectively would have had had they been done pursuant to this Act.

EXTRA-TERRITORIAL OPERATION OF ACT

3. This Act extends, except so far as the contrary intention appears--

(a) to acts, matters and things outside Nauru; and

(b) to all persons, irrespective of their nationality or citizenship.

INTERPRETATION

4(1) In this Act, unless the contrary intention appears--

"approved officer" means the person who is the approved officer for the purposes of this Act by virtue of an appointment under section 6;

"approved representative" means a person holding, or performing the duties of, any of the following offices (being an office of Nauru) in a country or place outside Nauru:

(a) Ambassador;

(b) High Commissioner;

(c) Minister;

(d) Head of a Mission;

(e) Consul-General;

(f) Consul; or

(g) Representative

"approved senior officer" means the person who is the approved senior officer for the purposes of this Act by virtue of an appointment under section 5;

"Nauruan passport" means a passport issued under this Act;

"Nauruan citizen" means a person who is a Nauruan citizen within the meaning of The Constitution or the Nauruan Community Ordinance 1956-1997;

"authorized officer" means an officer authorized by the Minister under subsection 8 (1) to issue Nauruan passports;

"prescribed minor" means a person under the age of 20 years, not being a person who is, or has been, married.

(2) For the purposes of this Act, reference a to a passport includes, where the context allows, reference to a document of identity issued in pursuance of the regulations or by or on behalf of a foreign government, for travel purposes (whether or not also issued for other purposes).

APPROVED SENIOR OFFICER

5. The Minister may, by writing signed by him, appoint a public officer for the time being holding, or performing the duties of, a specified office to be the approved senior officer for the purposes of this Act.

APPROVED OFFICER

6. The Minister may, by writing signed by him, appoint a public officer for the time being holding, or performing the duties of, a specified office to be the approved officer for the purposes of this Act.

NAURUAN PASSPORTS TO REMAIN PROPERTY OF REPUBLIC

7. A Nauruan passport remains always the property of the Republic.

ISSUE OF PASSPORTS

8(1) Subject to the regulations, the Minister or an officer authorized in that behalf by the Minister may issue Nauruan passports to

(a) Nauruan citizens;

(b) Public Officers; and.

(c) persons on official business of the Republic

(2) Nauruan passports shall be issued in the name of the President and shall be in such forms as are approved by the Minister.

(3) The exercise by an authorized officer of a power under this section is subject to any directions of the Minister and to sections 9, 10, 11, 12 and 13.

(4) With the exception of passports issued under paragraphs (1) (b) and (c), the Minister is not entitled to refuse, or to direct an authorized officer to refuse, to issue a Nauruan passport except --

(a) in circumstances in which, under section 9, 10, 11, or 12, an authorized officer is prohibited from issuing a passport unless directed otherwise by the Minister or by a person specified for the purpose in the relevant section; or

(b) in circumstances where the Minister may notify an authorized officer under sub-section 13(1) that a Nauruan passport is not to be issued.

(5) Where the Minister or an authorized officer makes a decision under subsection (1)(a) refusing to issue a passport, the Minister or an authorized officer shall cause to be served, either personally or by post, on the applicant for the passport a notice in writing setting out that decision and the reasons for that decision

PASSPORT NOT TO BE ISSUED TO UNMARRIED MINORS EXCEPT IN SPECIAL CIRCUMSTANCES

9. (1) Subject to sub-sections (2), (5) and (7), an authorized officer shall not, unless otherwise directed by the Minister, issue a Nauruan passport to a prescribed minor.

(2) An authorized officer may, unless otherwise directed by the Minister, issue a Nauruan passport to a Nauruan citizen who is a prescribed minor if--

(a) the minor furnishes to the authorized officer the consent in writing to the issue to the minor of a Nauruan passport of each person who, under a law of the Republic, is entitled to custody or guardianship of, or access to, the minor;

(b) the minor furnishes to the authorized officer a copy of an order of a court made in pursuance of a law of the Republic permitting the minor to leave Nauru; or

(c) the authorized officer is satisfied--

(i) that the physical or mental welfare of the minor would be adversely affected if a Nauruan passport were not issued to the minor; or

(ii) that--

(A) by reason of a family crisis, the applicant urgently requires a Nauruan passport to enable him to travel outside Nauru; and

(B) if there is a person who, under a law of the Republic is entitled to custody or guardianship of, or access to, the applicant whose written consent to the issue to the applicant of a Nauruan passport has not been obtained--that person cannot be readily contacted.

(3) Where--

(a) an application has been made for the issue of a Nauruan passport to a Nauruan citizen who is a prescribed minor; and

(b) the applicant for the passport has furnished to an authorized officer a written statement declaring that special circumstances exist by reason of which the passport should be issued and setting out particulars of those circumstances,

the authorized officer shall refer the application and statement to the approved senior officer.

(4) Where an application for the issue of a Nauruan passport is referred to the approved senior officer under sub-section (3), the approved senior officer shall, unless he refers the application to the Minister--

(a) consider the application having regard to any guidelines issued under sub-section (6); and

(b) if he is satisfied that special circumstances exist by reason of which the passport should be issued, give an authorized officer written notice that he is so satisfied.

(5) Where the approved senior officer gives an authorized officer a notice under paragraph (4) (b) in relation to an application for the issue of a passport to a prescribed minor, the authorized officer shall, unless otherwise directed by the Minister, issue a passport to that minor.

(6) The Minister may, by instrument in writing, issue guidelines relating to the consideration of applications under paragraph (4)(a).

(7) Where an authorized officer is satisfied that a Nauruan passport issued to a prescribed minor has been lost, stolen or destroyed, the officer may issue a Nauruan passport to that minor, not being a passport the period of validity of which extends beyond the period of validity of the first-mentioned passport.

PASSPORTS NOT TO BE ISSUED TO CERTAIN PERSONS

10. An authorized officer shall not, unless otherwise directed by the Minister, the approved senior officer or the approved officer, issue a Nauruan passport to a person if--

(a) the authorized officer has reason to believe that there is in force a warrant issued in Nauru for the arrest of the person; or

(b) the authorized officer has reason to believe that the person is required, by an order of a court made in pursuance of a law of the Republic, or under a condition of parole or of a recognizance, surety or bail bond, to remain in Nauru or to refrain from obtaining a Nauruan passport.

PASSPORT NOT TO BE ISSUED IF MONEYS OWING TO REPUBLIC

11(1) Subject to sub-section (2), an authorized officer shall not, unless otherwise directed by the Minister or an approved representative, issue a Nauruan passport to a person if the authorized officer has reason to believe that the person owes money to the Republic in respect of--

(a) expenses incurred by the Republic on behalf of the person in a foreign country;

(b) moneys lent to the person by the Republic at a time when the person was outside Nauru; or

(c) expenses incurred by the Republic in, or in connection with, effecting the return of the person to Nauru from a foreign country.

(2) An authorized officer may, unless otherwise directed by the Minister or an approved representative, issue a Nauruan passport to a person who owes money to the Republic as mentioned in sub-section (1) if the authorized officer is satisfied--

(a) that the physical or mental welfare of the person would be adversely affected if a Nauruan passport were not issued to the person; or

(b) that, by reason of a family crisis, the person urgently requires a Nauruan passport to enable the person to travel outside Nauru.

ISSUE OF CONCURRENTLY VALID PASSPORTS

12. Where an authorized officer believes that an applicant for a Nauruan passport is in possession of, or has under his control, a Nauruan passport that was issued to the applicant, being a passport that is in force, the authorized officer shall not, unless otherwise directed by the Minister, an approved representative or the approved senior officer, issue to the applicant a Nauruan passport that would be in force at any time when the first-mentioned Nauruan passport is in force unless the authorized officer considers that there are special reasons for so doing.

PASSPORTS NOT TO BE ISSUED IN CERTAIN CIRCUMSTANCES

13. (l) Where the Minister--

(a) has formed an opinion that, if a Nauruan passport were issued to a person, that person would be likely to engage in conduct that--

(i) might prejudice the security of Nauru or of a foreign country; or

(ii) might endanger the health or physical safety of other persons, whether in Nauru or in a foreign country; and

(b) considers that, in the circumstances, action to prevent that person engaging in that conduct should be taken by way of not issuing a Nauruan passport to that person,

the Minister may notify an authorized officer or authorized officers that, by virtue of this section, a Nauruan passport is not to be issued to that person.

(2) An authorized officer shall not issue a Nauruan passport to a person if the Minister has notified him under sub-section (1) that a Nauruan passport is not to be issued to that person.

(3) A notification under sub-section (1) given by the Minister to an authorized officer ceases to have effect upon the giving to the authorized officer of a notification by the Minister stating that the notification under sub-section (1) has ceased to have effect.

CANCELLATION OF PASSPORTS, & C.

14(1) A Nauruan passport, whether in the possession or custody of the person to whom it was issued or otherwise, may be cancelled by the Minister, an approved representative or the approved senior officer, and a passport on being cancelled under this sub-section becomes void.

(2) Without limiting the generality of sub-section (1), the Minister, an approved representative or the approved senior officer may cancel a Nauruan passport if--

(a) the Minister, the approved representative or the approved senior officer, as the case may be, becomes aware of circumstances which, if they had existed immediately before the passport was issued (whether or not they did exist at that time), may have or would have prevented the issue of the passport by an authorized officer by virtue of the operation of section 9, 10, 11, or 12; or

(b) the Minister, the approved representative or the approved senior officer, as the case may be, becomes aware that the passport has been lost or stolen.

(3) Without limiting the generality of sub-section (1), where the Minister--

(a) has formed an opinion that a person to whom a Nauruan passport has been issued is likely to engage in conduct that--

(i) might prejudice the security of Nauru or of a foreign country;

(ii) might endanger the health or physical safety of other persons, whether in Nauru or in a foreign country; and

(b) considers that, in the circumstances, action to prevent that person engaging in that conduct should be taken by way of cancelling that passport,

the Minister may cancel that passport.

(4) A person who has in his possession or under his control a Nauruan passport that has been cancelled under sub-section (1) shall, on demand by an officer, forthwith deliver up the passport to the officer.

Penalty: $2,000 or imprisonment for 1 year.

(5) A Nauruan passport issued to a person may be cancelled by an authorized officer when the officer issues another passport to that person.

(6) Any renewal or endorsement of a passport granted or made prior to the commencement of, or in pursuance of, this Act may be cancelled by the Minister, or an approved representative or the approved officer, and thereupon the renewal or endorsement shall be void.

(7) Any officer may take possession of any passport bearing a renewal or endorsement which has been cancelled, and any person having in his possession or under his control any such passport shall, on demand by an officer, forthwith deliver it up to the officer.

Penalty: $2,000 or imprisonment for 1 year.

(8) The exercise by an approved representative or by the approved officer of a power of cancellation under this section is subject to any directions of the Minister.

NOTIFICATION OF LOSS OR THEFT OF PASSPORTS

15. If a Nauruan passport is lost or is stolen, the person to whom the passport was issued shall, as soon as practicable after he becomes aware of the loss or theft--

(a) if the passport is lost or stolen within Nauru--report the loss or theft to any officer appointed in pursuance of this Act or a member of the Nauru Police Force; or

(b) if the passport is lost or stolen outside Nauru--report the loss or theft to an officer of, or a person employed at, a Nauruan diplomatic or consular mission.

Penalty: $500.

POWER TO ORDER PASSPORT TO BE DELIVERED UP

16(1) In this section,

"prescribed document" means--

(a) a passport that has been obtained, or is reasonably suspected by an officer of having been obtained, by means of a false or misleading statement; or

(b) a passport or other document that has been used, or is reasonably suspected by an officer of having been used, in, or in connection with, the commission of an offence against this Act or the regulations.

(2) A person who has in his possession or under his control a prescribed document shall, on demand by an officer, forthwith deliver up the passport or document to the officer.

Penalty: $2,000 or imprisonment for 1 year, or both.

(3) Any person entering the Republic who is required by or under any law of the Republic to be in possession of a passport, shall, if required, deliver up his passport to an officer, before leaving the vessel or aircraft in which he entered the Republic.

Penalty: $1,000 or imprisonment for 6 months.

(4) If any person specified in sub-section (3) is allowed to retain his passport, he shall, if required by an officer at any time, deliver it up to the officer.

Penalty: $1,000 or imprisonment for 6 months

(5) Any passport delivered up to an officer in accordance with the provisions of this section may, subject to any direction of the Minister, an approved representative or the approved senior officer, be retained by the officer or be returned to the person who delivered it up, as the officer thinks fit.

OFFENCES RELATING TO IMPROPER USE OR POSSESSION OF PASSPORTS, & C.

17. A person who--

(a) for purposes of travel or identification and without reasonable excuse, uses a Nauruan passport that has been cancelled;

(b) for purposes of travel or identification and without reasonable excuse, uses a Nauruan passport that was issued to another person;

(c) being a person to whom a Nauruan passport has been issued, permits, without reasonable excuse, another person to use that passport for purposes of travel or identification;

(d) without reasonable excuse, has in his possession or under his control a Nauruan passport that was not issued to him;

(e) without reasonable excuse, has in his possession or under his control--

(i) a Nauruan passport that has been falsified; or

(ii) a document (not being a Nauruan passport) that purports to be a Nauruan passport;

(f) without reasonable excuse, has in his possession or under his control within Nauru-

(i) a passport issued by or on behalf of the government of a foreign country, being a passport that has been falsified; or

(ii) a document (not being a passport issued by or on behalf of the government of a foreign country) that purports to be a passport issued by or on behalf of the government of a foreign country; or

(g) wilfully defaces or destroys a Nauruan passport, is guilty of an offence:

Penalty: $5,000 or imprisonment for 2 years or both.

OFFENCES RELATING TO FORGERY, & C., OF PASSPORTS

18. A person who--

(a) without lawful authority or excuse, knowingly makes, uses, has in his possession or disposes of--

(i) paper or other material that is specially provided by proper authority for the purposes of Nauruan passports;

(ii) paper or other material resembling, or apparently intended to resemble or pass for, paper or other material of the kind referred to in sub-paragraph (i);

(b) falsifies a Nauruan passport;

(c) within Nauru falsifies a passport issued by or on behalf of the government of a country other than Nauru;

(d) makes a false endorsement of a Nauruan passport or falsifies an endorsement of a Nauruan passport;

(e) makes a document that is false with intent that the false document may be used, acted on or accepted as if it were a Nauruan passport; or

(f) within Nauru, makes a document that is false with intent that the false document may be used, acted on or accepted as if it were a passport issued by or on behalf of the government of a foreign country,

is guilty of an offence:

Penalty: $10,000 or imprisonment for 5 years.

OFFENCES RELATING TO THE ISSUE OF PASSPORTS

19(1) A person other than the Minister or an authorized officer shall not purport to issue a Nauruan passport or a document (not being a Nauruan passport) that purports to be a Nauruan passport.

(2) An authorized officer shall not--

(a) knowingly issue a Nauruan passport in contravention of section 9, 10, 11, 12, or 13; or

(b) issue a Nauruan passport to a person knowing that the person is not a Nauruan citizen.

Penalty: $3,000 or imprisonment for 2 years.

PENALTY FOR MAKING FALSE STATEMENTS

20(1) A person shall not knowingly make any false or misleading statement, whether orally or in writing--

(a) for the purpose of obtaining a Nauruan passport or a renewal or endorsement of a Nauruan passport; or

(b) in support of an application by another person for a Nauruan passport or for a renewal or endorsement of a Nauruan passport.

(2) A person shall not, with intent to defeat the provisions of a law of the Republic, make, within Nauru, a false or misleading statement, whether orally or in writing--

(a) for the purpose of obtaining a passport other than a Nauruan passport or renewal or endorsement of a passport other than a Nauruan passport;

(b) in support of an application by another person for a passport other than a Nauruan passport or for renewal or endorsement of a passport other than a Nauruan passport.

Penalty: $3,000 or imprisonment for 2 years.

PROSECUTION OF OFFENCES

21An offence against this Act (other than an offence against sub-section 14(4) or (7), section 15 or sub-section 16(2), (3) or (4)) is a cognisable offence.

REVIEW OF CERTAIN DECISIONS

22(1) In this section--

"Ministerial decision" means a decision by the Minister, being--

(a) a decision under sub-section 8(1) to issue a passport;

(b) a decision under sub-section 8(1)(a) refusing to issue a passport;

(c) a direction under sub-section 8(3);

(d) a direction under sub-section 9(1);

(e) a direction under sub-section 9(2);

(f) a direction under sub-section 9(5);

(g) a direction under section 10;

(h) a direction under sub-section 11 (2);

(j) a decision for the purposes of paragraph 13(1)(a);

(k) a decision for the purposes of paragraph 13(1)(b);

(m) a decision under sub-section 14(1) to cancel a passport;

(n) a decision under sub-section 14(2) to cancel a passport;

(p) a decision for the purposes of paragraph 14(3) (a);

(q) a decision for the purposes of paragraph 14(3) (b);

(r) a decision under sub-section 14(6) to cancel the renewal or endorsement of a passport;

(s) a direction under sub-section 16(5);

(t) a decision under sub-section (2) of this section; or

(u) a decision under sub-section (4) of this section.

"reviewable decision" means any decision or direction made by an approved representative, the approved senior officer, an authorized officer, or an officer.

(2) Where a reviewable decision is made, a person affected by the decision who is dissatisfied with the decision may, within the period of 14 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the expiration of that period) allows, make a written application to the Minister for the review of the decision by the Minister.

(3) There shall be set out in the application under sub-section (2) the reasons for making the application.

(4) Upon the receipt of an application under sub-section (2) for the review of a reviewable decision. the Minister shall review that decision and shall make a decision-

(a) affirming the decision under review;

(b) varying the decision under review; or

(c) setting aside the decision under review and making a decision in substitution for the decision so set aside.

(5) Application may be made to the Supreme Court for review of a Ministerial decision.

(6) Where the Minister makes a Ministerial decision for the purposes of paragraph 10(1)(b) or 14(3)(b) in the making of which the determining factors were matters relating to relations between Nauru and a foreign country or relations between Nauru and foreign countries, the Minister may issue a certificate signed by him that that decision involved questions of international relations.

(7) The Supreme Court shall not make a decision in relation to a Ministerial decision for the purposes of paragraph 10(1)(b) or 14(3)(b) in respect of which the Minister has issued a certificate under sub-section (6) other than a decision--

(a) affirming the decision under review; or

(b) remitting the decision under review to the Minister for his reconsideration in accordance with recommendations of the court.

(8) If an application is made for the review (whether by the Minister or the court) of a decision for the purposes of sub-section 16(1), the document to which the decision relates shall continue to be a prescribed document for the purposes of sub-section 16(2) unless and until that decision is set aside.

(9) Where the Minister makes a decision under sub-section (4), the Minister shall give written notice of that decision to--

(a) the person, or each person, to whom written notice of the reviewable decision to which the decision of the Minister or his delegate relates was given; and

(b) the person who made the application for the review of that reviewable decision.

NOTICE OF DECISION

23(1) Where the Minister makes a Ministerial decision within the meaning of section 22 and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that application may be made to the Supreme Court for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

(2) Where a reviewable decision within the meaning of section 22 is made and notice of the making of the decision is given to the person or persons whose interests are affected by the decision, that notice shall include a statement to the effect that--

(a) a person affected by the decision may, if he is dissatisfied with the decision, seek review of the decision by the Minister in accordance with sub-section 22(2); and

(b) upon that review may, if he is dissatisfied with that decision, make application to the Supreme Court for review of that decision.

(3) Any failure to comply with the requirements of sub-section (1) or (2) in relation to a decision does not affect the validity of the decision.

DELEGATION

24(1) The Minister may, either generally or otherwise as provided in the instrument of delegation, by writing signed by him, delegate to an officer of the Department his powers under section 22.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

REGULATIONS

25(1) The Cabinet may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular--

(a) for authorising the design and content of passports;

(b) for empowering the Minister or authorized officers to issue certificates of identity or other documents of identity for travel purposes;

(c) for empowering the Minister or authorized officers to endorse Nauruan passports;

(d) for prescribing the fees to be charged in respect of the issue, renewal or endorsement of passports;

(e) for empowering the Minister to grant exemptions from the payment of fees; and

(f) for prescribing penalties not exceeding $500, or imprisonment for a term not exceeding 3 months, for breaches of the regulations.

(2) Without limiting the generality of paragraph (1)(b), the power to make regulations for the purpose specified in that paragraph extends to the power to make regulations--

(a) empowering the Minister or an authorized officer to endorse a Nauruan passport with particulars of a prescribed minor who is likely to travel with the person to whom the passport is issued; and

(b) prescribing the circumstances in which, and the conditions under which, the power referred to in paragraph (a) may be exercised by an authorized officer.