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Expulsion of Undesirables Ordinances 1961

THE ISLAND OF NAURU


EXPULSION OF UNDESIRABLES ORDINANCES 1961*
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An Ordinance relating to the Expulsion of Undesirable Persons.


Short title.


Short title amended:
No. 6. 1965, s. 4.


1. This Ordinance may be cited as the Expulsion of Undesirables Ordinances 1961.*


Deportation of certain persons.


2. Where the Administrator is satisfied that any person other than a Nauruan -


(a) has at any time been convicted in Nauru of a criminal offence punishable by imprisonment for one year or longer;


(b) is a person whose conduct has been such that he should not be allowed to remain in the Territory; or


(c) is a person whose presence in Nauru is prejudicial or likely to be prejudicial to the peace, order, or good government of the Territory or to the wellbeing of the inhabitants of Nauru,


the Administrator may make an order for the deportation of that person.


Custody pending deportation.


3. Where the Administrator has made an order under this Ordinance for the deportation of any person, that person shall be deported accordingly, and may -


(a) pending deportation and until he is placed on board a vessel for deportation from Nauru;


(b) on board the vessel until its departure from Nauru, be kept in such custody as the Administrator directs.


* The Expulsion of Undesirables Ordinances 1961 comprise the Expulsion of Undesirables Ordinance 1961 as amended. Particulars of the Principle Ordinance and of the amending Ordinance are set out in the following table:-
Ordinance.
Year and Number.
Date on which made.
Date notified in Nauru Government Gazette.
Date of Commencement

1961, No. 1

1961, No.4
8th March, 1961

18th August, 1961
8th March, 1961

19th August, 1961
8th March, 1961

19 August, 1961

Shipowners to provide passages for deportation


4. (1.) The Administrator or any officer authorised by him may require the master, owner, agent, or charterer or any vessel -


(a) to provide a passage for any person ordered to be deported under this Ordinance, and shall receive that person on board for conveyance to a port to which the vessel is bound; and


(b) to receive on board and provide with accommodation, for such time as is specified in the notice, any persons charged by the Administrator with the custody of the person ordered to be deported.


Substituted by No. 4, 1961, s.2.


(2.) A person on whom a requirement under the last preceding sub-section has been made shall comply with the requirement.


Penalty: One hundred pounds.


(3.) The Administrator shall pay to the master, owner, agent or charterer such passage money as the Administrator thinks reasonable for the passage of a person ordered to be deported under this Ordinance.


Return of deportee.


5. Any person who has been deported under this ordinance and who, without the permission of the Administrator, returns to Nauru, shall be guilty of an indictable offence.


Penalty: Imprisonment for one year and, in addition, deportation by order of the Administrator as provided in this Ordinance.


Evidence.


6. In any prosecution of an offence under this Ordinance, the production of an order for the deportation of any person made under this Ordinance purporting to be signed by the Administrator shall be conclusive evidence that the order is valid and was lawfully made.


Indemnity


7. No action shall be brought by any person against whom an order for deportation has been made under this Ordinance, reference to anything done or omitted to be done in the execution or purported execution of the order for this deportation or of the provisions of this Ordinance.


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