constitution

Constitution of Nauru 1968

TABLE OF PROVISIONS

Article

Title

PART I — THE REPUBLIC OF NAURU AND THE SUPREME

LAW OF NAURU

Article 1

The Republic of Nauru

Article 2

Supreme Law of Nauru

PART II — PROTECTION OF FUNDAMENTAL RIGHTS AND

FREEDOMS

Article 3

Preamble

Article 4

Protection of right to life

Article 5

Protection of personal liberty

Article 6

Protection from forced labour

Article 7

Protection from inhuman treatment

Article 8

Protection from deprivation of property

Article 9

Protection of person and property

Article 10

Provision to secure protection of law

Article 11

Freedom of conscience

Article 12

Protection of freedom of expression

Article 13

Protection of freedom of assembly and association

Article 14

Enforcement of fundamental rights and freedoms

Article 15

Interpretation

PART III — THE PRESIDENT AND THE EXECUTIVE

Article 16

The President

Article 17

Executive Authority vests in the Cabinet

Article 18

The Cabinet

Article 19

Appointment of Ministers

Article 20

Vacation of office

Article 21

Provision for Minister to act as President

Article 22

Meetings of Cabinet

Article 23

Appointment of Ministers to Departments

Article 24

Vote of no confidence

Article 25

Chief Secretary

PART IV — THE LEGISLATURE

Article 26

Establishment of legislature

Article 27

Legislative powers of legislature

Article 28

The Parliament

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Article

Title

Article 29

Electors for Parliament

Article 30

Qualification for membership of Parliament

Article 31

Disqualifications for membership of Parliament

Article 32

Vacation of seats by members of Parliament

Article 33

Clerk of Parliament

Article 34

Speaker of Parliament

Article 35

Deputy Speaker of Parliament

Article 36

Determination on questions of membership of Parliament

Article 37

Powers, privileges and immunities of Parliament

Article 38

Procedure in Parliament

Article 39

General Elections for Parliament

Article 40

Sessions of Parliament

Article 41

Prorogation and dissolution of Parliament

Article 42

Sessions of Parliament at request of one-third of members

Article 43

Oath of members of Parliament

Article 44

Speaker to preside

Article 45

Quorum

Article 46

Voting

Article 47

Enactment of laws

PART V — THE JUDICATURE

Article 48

Supreme Court of Nauru

Article 49

Chief Justice and Judges of Supreme Court

Article 50

Vacation of office

Article 51

Removal from office and resignation

Article 52

Oath of office

Article 53

Acting judges

Article 54

Matters concerning the Constitution

Article 55

The Cabinet may refer questions on Constitution to the Supreme Court

Article 56

Subordinate courts

Article 57

Nauru Court of Appeal

Article 57A Judicial power and authority of the Republic

PART VI — FINANCE

Article 58

Treasury Fund

Article 59

Withdrawals from Treasury Fund and public funds

Article 60

Taxation

Article 61

Withdrawal of moneys in advance of appropriation law

Article 62

Long Term Investment Fund

Article 63

Phosphate royalties

Article 64

Contingencies Fund

Article 65

Remuneration of certain officers

Article 66

Auditor General

Article 67

Public debt

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Article

Title

PART VII — THE PUBLIC SERVICE

Article 68

Appointments, etc., in the Public Service

Article 69

Power of Parliament to establish Public Service Board and to make special
provisions regarding police

Article 70

Public Service Appeals Board

PART VIII — CITIZENSHIP

Article 71

Members of Nauruan community to be Nauruan citizens

Article 72

Persons born on or after 31 January 1968

Article 73

Persons born in Nauru on or after 31 January 1968

Article 74

Women married to Nauruan citizens

Article 75

Powers of Parliament regarding citizenship

Article 76

Interpretation

PART IX — EMERGENCY POWERS

Article 77

Declaration of an emergency

Article 78

Emergency powers

Article 79

Restriction on detention

PART X — GENERAL

Article 80

Grant of pardon

Article 81

Interpretation

Article 82

Parts, etc., of Constitution

Article 83

Right to mine phosphate

Article 84

Amendment of the Constitution

PART XI — TRANSITIONAL PROVISIONS

Article 85

Existing laws

Article 86

Adaptation of existing laws

Article 87

Existing public officers

Article 88

Existing legal proceedings

Article 89

The first Parliament

Article 90

Powers, privileges and immunities of Parliament

Article 91

Vesting of property, etc.

Article 92

Constitutional Convention to continue in existence

Article 93

Agreement of 14 November 1967 relating to Phosphate Industry

Article 94

Financial provisions to 30 June 1968

Article 95

Transitional provision relating to judges of the Supreme Court

Article 96

Transitional provision relating to Chief Justice

Article 97

Auditor General

Article 98

Transitional provision relating to Superannuation Board

Article 99

Transitional provision relating to the first President and Cabinet

Article 100 Transitional provision relating to Chief Secretary

CONSTITUTION OF NAURU 1968

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Constitution of Nauru 1968

TABLE OF AMENDMENTS

The Constitution of Nauru 1968 No 1 was certified and commenced on 31 January 1968
(GN No 1/1968; Gaz 1/1968).

Amending Legislation

Certified

Date of Commencement

Constitutional Convention of Nauru
1968 GN No 72/1968

17 May 1968

Audit (Amendment) Act 2015 No 10

12 May 2015

Constitution of Nauru (Citizenship)
(Amendment) Act 2015 No 19

18 September 2015

Constitution (Appointment of Ministers)
(Amendment) Act 2016 No 54

4 November 2016

Constitution (Amendment) Act 2018 No
12

10 May 2018

Revised Written Laws Act 2021 No 7

1 June 2021

Constitution (Amendment) Act 2021
No 10

8 June 2022

Constitution (Amendment) Act 2022
No 9

8 June 2022

* The Constitution of Nauru (Parliamentary Amendments) Act 2009 No 7 was passed by Parliament and certified
on 28 August 2009 (see GN No 341/2009), however failed at referendum and has not come into force.

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WHEREAS we the people of Nauru acknowledge God as the almighty and everlasting
Lord and the giver of all good things:
AND WHEREAS we humbly place ourselves under the protection of His good
providence and seek His blessing upon ourselves and upon our lives:
AND WHEREAS we have declared that Nauru shall be a Republic:
AND WHEREAS a Constitutional Convention representing us has prepared a
Constitution for Nauru:
NOW THEREFORE we the people of Nauru in our Constitutional Convention this
twenty-ninth day of January, One thousand nine hundred and sixty-eight, do hereby adopt,
enact and give to ourselves this Constitution to come into force on the thirty-first day of
January, One thousand nine hundred and sixty-eight.

ARRANGEMENT OF PARTS

Part I.

The Republic of Nauru and the Supreme Law of Nauru (Articles 1 – 2).

Part II.

Protection of Fundamental Rights and Freedoms (Articles 3 – 15).

Part III.

The President and the Executive (Articles 16 – 25).

Part IV.

The Legislature (Articles 26 – 47).

Part V.

The Judicature (Articles 48 – 57A).

Part VI.

Finance (Articles 58 – 67).

Part VII.

The Public Service (Articles 68 – 70).

Part VIII.

Citizenship (Articles 71 – 76).

Part IX.

Emergency Powers (Articles 77 – 79).

Part X.

General (Articles 80 – 84).

Part XI.

Transitional Provisions (Articles 85 – 100).

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PART II — PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 3

Preamble

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the
individual, that is to say, has the right, whatever his race, place of origin, political
opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others
and for the public interest, to each and all of the following freedoms, namely:
(a) life, liberty, security of the person, the enjoyment of property and the protection of the

law;

(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent provisions of this Part have effect for the purpose of affording protection
to those rights and freedoms, subject to such limitations of that protection as are contained
in those provisions, being limitations designed to ensure that the enjoyment of those rights
and freedoms by a person does not prejudice the rights and freedoms of other persons or
the public interest.

Article 4

Protection of right to life

(1) No person shall be deprived of his life intentionally, except in execution of a

sentence of a court following his conviction of an offence for which the penalty of
deprivation of life is prescribed by law.

(2) Deprivation of the life of a person is not a contravention of the provisions of clause

(1) of this Article where it results from the use, to such extent and in such
circumstances as is permitted by law, of such force as is reasonably justifiable in the
circumstances of the case:

(a) for the defence of a person from violence;

(b) for the defence of public property;

detained; or

(d) for the purpose of suppressing a riot, insurrection or mutiny.

Article 5

Protection of personal liberty

(1) No person shall be deprived of his personal liberty, except as authorised by law in

any of the following cases:

(a) in execution of the sentence or order of a court in respect of an offence of which

he has been convicted;

(b) for the purpose of bringing him before a court in execution of the order of a

court;

an offence;

(d) under the order of a court, for his education during any period ending not later

than the thirty-first day of December after he attains the age of eighteen years;

(e) under the order of a court, for his welfare during any period ending not later

than the date on which he attains the age of twenty years;

(f) for the purpose of preventing the spread of disease;

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(g) in the case of a person who is, or is reasonably suspected to be, of unsound

mind or addicted to drugs or alcohol, for the purpose of his care or treatment or
the protection of the community; and

(h) for the purpose of preventing his unlawful entry into Nauru, or for the purpose

of effecting his expulsion, extradition or other lawful removal from Nauru.

(2) A person who is arrested or detained shall be informed promptly of the reasons for

the arrest or detention and shall be permitted to consult in the place in which he is
detained a legal representative of his own choice.

(3) A person who has been arrested or detained in the circumstances referred to in

paragraph (c) of clause (1) of this Article and has not been released shall be brought
before a judge or some other person holding judicial office within a period of
twenty-four hours after the arrest or detention and shall not be further held in custody
in connexion with that offence except by order of a judge or some other person
holding judicial office.

(4) Where a complaint is made to the Supreme Court that a person is unlawfully

detained, the Supreme Court shall enquire into the complaint and, unless satisfied
that the detention is lawful, shall order that person to be brought before it and shall
release him.

Article 6

Protection from forced labour

(1) No person shall be required to perform forced labour.

(2) For the purposes of this Article, “forced labour” does not include:

(a) labour required by the sentence or order of a court;

(b) labour required of a person while he is lawfully detained, being labour that,

though not required by the sentence or order of a court, is reasonably necessary
for the purposes of hygiene or for the maintenance of the place at which he is
detained;

such a member; or

(d) labour reasonably required as part of reasonable and normal communal or other

civic obligations.

Article 7

Protection from inhuman treatment

No person shall be subjected to torture or to treatment or punishment that is inhuman or
degrading.

Article 8

Protection from deprivation of property

(1) No person shall be deprived compulsorily of his property except in accordance with

law for a public purpose and on just terms.

(2) Nothing contained in or done under the authority of a law shall be held to be

inconsistent with or in contravention of the provisions of clause (1) of this Article to
the extent that that law makes provision:

(a) for the taking of possession or acquisition of any property:

(i) in satisfaction of a tax;

(ii) by way of penalty for breach of the law or forfeiture in consequence of

breach of the law;

(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or

contract;

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(iv) in the execution of a judgment or order of a court in proceedings for the

determination of civil rights or obligations;

(v) in circumstances where it is reasonably necessary so to do because the

property is in a dangerous state or is injurious to the health of human
beings, animals or plants; or

(vi) in consequence of any law with respect to the limitation of actions; or

(b) for the taking of possession or acquisition of any of the following property:

(i) property of a deceased person, a person of unsound mind or a person who

has not attained the age of twenty years, for the purpose of administering it
for the benefit of the person entitled to the beneficial interest in that
property;

(ii) property of a person adjudged bankrupt or insolvent or of a body corporate

in liquidation, for the purpose of administering it for the benefit of the
creditors of the bankrupt or insolvent or body corporate and, subject
thereto, for the benefit of other persons entitled to the beneficial interest in
the property;

(iii) property subject to a trust, for the purpose of vesting the property in

persons appointed as trustees under the instrument creating the trust or by
a court or, by order of a court, for the purpose of giving effect to the trust;
and

(iv) property held by a body corporate established by law for public purposes.

Article 9

Protection of person and property

(1) No person shall without his consent be subject to the search of his person or property

or the entry on his premises by other persons.

(2) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of the provisions of clause (1) of this Article to
the extent that that law makes provision:

(a) that is reasonably required in the interests of defence, public safety, public

order, public morality, public health, the development or utilisation of natural
resources or the development or utilisation of any property for a purpose
beneficial to the community;

(b) that is reasonably required for protecting the rights or freedoms of other

persons;

corporate established by law for public purposes to enter, where reasonably
necessary, on the premises of a person in order to inspect those premises or
anything in or on them in relation to any tax or in order to carry out work
connected with any property that is lawfully in or on those premises and
belongs to the Republic or body corporate as the case may be; or

(d) that authorises, for the purpose of enforcing the judgment or order of a court,

the search of a person or property by order of a court or entry upon any
premises under such an order.

Article 10

Provision to secure protection of law

(1) No person shall be convicted of an offence which is not defined by law.
(2) A person charged with an offence shall, unless the charge is withdrawn, be afforded

a fair hearing within a reasonable time by an independent and impartial court.

(3) A person charged with an offence:

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(a) shall be presumed innocent until proved guilty according to law;

(b) shall be informed promptly in a language that he understands and in detail of

the nature of the offence with which he is charged;

(d) shall be permitted to have without payment the assistance of an interpreter if he

cannot understand or speak the language used at the trial of the charge;

(e) shall be permitted to defend himself before the court in person or, at his own

expense, by a legal representative of his own choice or to have a legal
representative assigned to him in a case where the interests of justice so require
and without payment by him in any such case if he does not, in the opinion of
the court, have sufficient means to pay the costs incurred; and

(f) shall be afforded facilities to examine in person or by his legal representative

the witnesses called before the court by the prosecution, and to obtain the
attendance and carry out the examination of witnesses and to testify before the
court on his own behalf, on the same conditions as those applying to witnesses
called by the prosecution,

and, except with his own consent, the trial shall not take place in his absence unless
he so conducts himself as to render the continuance of the proceedings in his
presence impracticable and the court has ordered him to be removed and the trial to
proceed in his absence.

(4) No person shall be convicted of an offence on account of any act or omission that did

not, at the time it took place, constitute such an offence and no penalty shall be
imposed for an offence that is more severe in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it
was committed.

(5) No person who shows that he has been tried by a competent court for an offence and

either convicted or acquitted shall again be tried for that offence, except upon the
order of a superior court made in the course of appeal or review proceedings relating
to the conviction or acquittal.

(6) No person shall be tried for an offence for which he has been pardoned.
(7) No person who is tried for an offence shall be compelled to give evidence at the trial.
(8) No person shall be compelled in the trial of an offence to be a witness against

himself.

(9) A determination of the existence or extent of a civil right or obligation shall not be

made except by an independent and impartial court or other authority prescribed by
law and proceedings for such a determination shall be fairly heard and within a
reasonable time.

(10) Except with the agreement of the parties thereto, proceedings of a court and

proceedings for the determination of the existence or extent of any civil right or
obligation before any other authority, including the announcement of the decision of
the court or other authority, shall be held in public.

(11) Nothing in clause (10) of this Article shall prevent the court or other authority from

excluding from the hearing of the proceedings persons, other than the parties thereto
and their legal representatives, to such extent as the court or other authority:

(a) is by law empowered to do and considers necessary or expedient in the interests

of public morality or in circumstances where publicity would prejudice the
interests of justice, the welfare of persons under the age of twenty years or the
protection of private lives of persons concerned in the proceedings; or

(b) is by law empowered or required to do in the interests of defence, public safety

or public order.

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(12) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of the provisions of:

(a) paragraph (a) of clause (3) of this Article by reason that that law places upon a

person charged with an offence the burden of proving particular matters; or

(b) paragraph (f) of clause (3) of this Article by reason that that law imposes

reasonable conditions which must be satisfied if witnesses called to testify on
behalf of a person charged with an offence are to be paid their expenses out of
public funds.

Article 11

Freedom of conscience

(1) A person has the right to freedom of conscience, thought and religion, including

freedom to change his religion or beliefs and freedom, either alone or in community
with others and in public or private, to manifest and propagate his religion or beliefs
in worship, teaching, practice and observance.

(2) Except with his consent, no person shall be hindered in the enjoyment of a right or

freedom referred to in clause (1) of this Article.

(3) Except with his consent or, if he is under the age of twenty years, the consent of his

parent or guardian, no person attending a place of education is required to receive
religious instruction or to take part in or attend a religious ceremony or observance
if that instruction, ceremony or observance relates to a religion other than his own
religion or belief.

(4) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of the provisions of this Article to the extent
that that law makes provision which is reasonably required:

(a) in the interests of defence, public safety, public order, public morality or public

health;

(b) for protecting the rights and freedoms of other persons, including the right to

observe and practice any religion without the unsolicited intervention of
members of some other religion; or

interests of the persons receiving instruction in that place.

Article 12

Protection of freedom of expression

(1) A person has the right to freedom of expression.
(2) Except with his consent, no person shall be hindered in the enjoyment of his right to

freedom of expression.

(3) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with, or in contravention of, the provisions of this Article to the extent
that that law makes provision:

(a) that is reasonably required in the interests of defence, public safety, public

order, public morality or public health;

(b) that is reasonably required for the purpose of protecting the reputations, rights

and freedoms of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in confidence or
maintaining the authority and independence of the courts;

administration or technical operation of telephony, telegraphy, posts, wireless
broadcasting or television or restricting the establishment or use of telephonic,
telegraphic, wireless broadcasting or television equipment or of postal services;
or

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(d) that regulates the use of information obtained by public officers in the course of

their employment.

Article 13

Protection of freedom of assembly and association

(1) Persons have the right to assemble and associate peaceably and to form or belong to

trade unions or other associations.

(2) Except with his consent, no person shall be hindered in the enjoyment of a right

referred to in clause (1) of this Article.

(3) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with, or in contravention of, the provisions of this Article to the extent
that that law makes provision that is reasonably required:

(a) in the interests of defence, public safety, public order, public morality or public

health; or

(b) for protecting the rights and freedoms of other persons.

Article 14

Enforcement of fundamental rights and freedoms

(1) A right or freedom conferred by this Part is enforceable by the Supreme Court at the

suit of a person having an interest in the enforcement of that right or freedom.

(2) The Supreme Court may make all such orders and declarations as are necessary and

appropriate for the purposes of clause (1) of this Article.

Article 15

Interpretation

In this Part, unless the context otherwise requires:

‘contravention’, in relation to any requirement, includes a failure to comply with that
requirement, and cognate expressions shall be construed accordingly;

‘disciplined force’ means:
(a) the Police Force; or
(b) any other body established by law for the purposes of defence or maintaining public

safety or public order;

‘legal representative’ means a person entitled to be in or to enter Nauru and entitled by
law to appear in proceedings before a court on behalf of a party to those proceedings;

‘member’, in relation to a disciplined force, includes a person who, under the law
regulating the discipline of that force, is subject to that discipline;

‘public property’ includes property of a body corporate established by law for public
purposes.

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PART III — THE PRESIDENT AND THE EXECUTIVE

Article 16

The President

(1) There shall be a President of Nauru, who shall be elected by Parliament.
(2) A person is not qualified to be elected President unless he is a member of Parliament.
(3) The Speaker and the Deputy Speaker are not qualified to be elected President.
(4) The President holds office until the election of another person as President.
(5) Parliament shall elect a President:

(a) whenever the office of President is vacant;

(b) at the first sitting of Parliament next following its dissolution; and

(i) the President tenders the resignation of his office by writing under his hand

delivered to the Speaker;

(ii) a resolution for the removal from office of the President and Ministers is

approved under Article 24; or

(iii) the President ceases to be a member of Parliament otherwise than by reason

only of its dissolution.

[Art 16 subst GN No 72/1968, opn 17 May 1968]

Article 17

Executive Authority vests in the Cabinet

(1) The executive authority of Nauru is vested in a Cabinet constituted as provided by

this Part and the Cabinet has the general direction and control of the Government of
Nauru.

(2) The Cabinet is collectively responsible to Parliament.
[Art 17 subst GN No 72/1968, opn 17 May 1968]

Article 18

The Cabinet

(1) The Cabinet consists of the President and the Ministers appointed under Article 19.
(2) A member of the Cabinet shall, before entering upon the duties of his office, take and

subscribe the oath set out in the First Schedule.

(3) A member of the Cabinet shall not hold an office of profit in the service of Nauru or

of a statutory corporation.

[Art 18 subst GN No 72/1968, opn 17 May 1968]

Article 19

Appointment of Ministers

(1) Whenever a President is elected, he shall as soon as practicable appoint five or six

members of Parliament to be Ministers of the Cabinet.

(2) Whenever there are less than five Ministers, the President shall appoint a member of

Parliament to be a Minister but if Parliament is dissolved the President shall appoint
a person who was a member immediately before the dissolution of Parliament.

(3) Whenever there are five but not six Ministers, the President may appoint a member

of Parliament to be a Minister.

[Art 19 subst GN No 72/1968, opn 17 May 1968; am Act 54 of 2016 s 4, opn 4 Nov 2016]

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Article 20

Vacation of office

A Minister ceases to hold office:
(a) upon the election of a President;
(b) upon resigning his office by writing under his hand delivered to the President;
(c) upon being removed from office by the President; or
(d) upon ceasing to be a member of Parliament otherwise than by reason only of its

dissolution.

[Art 20 subst GN No 72/1968, opn 17 May 1968]

Article 21

Provision for Minister to act as President

The Cabinet may appoint a Minister to perform the duties and exercise the functions of
the President during any period during which the President is unable to act owing to
illness, absence from Nauru or any other cause.
[Art 21 subst GN No 72/1968, opn 17 May 1968]

Article 22

Meetings of Cabinet

(1) The President shall preside at meetings of the Cabinet.
(2) Subject to this Constitution, the Cabinet may regulate its own procedure.
[Art 22 subst GN No 72/1968, opn 17 May 1968]

Article 23

Appointment of Ministers to Departments

The President may assign to himself or to a Minister responsibility for any business of the
Government of Nauru and may revoke or vary an assignment made under this Article.
[Art 23 subst GN No 72/1968, opn 17 May 1968]

Article 24

Vote of no confidence

(1) Where Parliament on a resolution approved by at least one-half of the total number

of members of Parliament resolves that the President and the Ministers be removed
from office on the grounds that it has no confidence in the Cabinet, an election of a
President shall be held.

(2) Where a President has not been elected before the expiration of a period of seven

days after the day on which a resolution under clause (1) of this Article is approved
Parliament shall stand dissolved.

[Art 24 subst GN No 72/1968, opn 17 May 1968]

Article 25

Chief Secretary

(1) There shall be a Chief Secretary of Nauru, who shall be appointed by the Cabinet.
(2) A member of Parliament is not qualified to be appointed Chief Secretary.
(3) The Chief Secretary may resign his office by writing under his hand delivered to the

President and may be removed from office by the Cabinet.

(4) The Chief Secretary has such powers and functions as the Cabinet directs and as are

conferred on him by this Constitution or by law.

[Art 25 subst GN No 72/1968, opn 17 May 1968]

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PART IV — THE LEGISLATURE

Article 26

Establishment of legislature

There shall be a Parliament of Nauru.

Article 27

Legislative powers of legislature

Subject to this Constitution, Parliament may make laws for the peace, order and good
Government of Nauru; laws so made may have effect outside as well as within Nauru.

Article 28

The Parliament

(1) Parliament shall consist of eighteen members or such greater number as is prescribed

by law.

(2) For the purpose of the election of members of Parliament, Nauru shall be divided

into constituencies.

(3) Unless otherwise prescribed by law, the constituencies and the number of members

of Parliament to be returned by each of the constituencies are those described in the
Second Schedule.

(4) A person shall not be at the same time a member of Parliament for more than one

constituency.

Article 29

Electors for Parliament

Members of Parliament shall be elected in such manner as is prescribed by law, by
Nauruan citizens who have attained the age of twenty years.

Article 30

Qualification for membership of Parliament

A person is qualified to be elected a member of Parliament if, and is not so qualified
unless, he:
(a) is a Nauruan citizen and has attained the age of twenty years; and
(b) is not disqualified under this Constitution.

Article 31

Disqualifications for membership of Parliament

No person is qualified to be elected a member of Parliament if he:
(a) is an undischarged bankrupt or insolvent who has been declared bankrupt or insolvent

according to law;

(b) is a person certified to be insane or otherwise adjudged according to law to be

mentally disordered;

punishable according to law by death or by imprisonment for one year or longer;

(d) does not possess such qualifications relating to residence or domicile in Nauru as are

prescribed by law;

(e) holds an office of profit in the service of Nauru or of a statutory corporation, being an

office prescribed by law for the purposes of this paragraph;

(f) is not a Nauruan citizen by virtue of Article 71;
(g) is not a descendant of a person who became a Nauruan citizen by virtue of Article 71;
(h) is a person who acquired Nauruan citizenship by naturalisation pursuant to any law

made by the Parliament under Article 75; or

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(i) is a Nauruan citizen, who is a child or descendant of one person who acquired

Nauruan citizenship by naturalisation pursuant to any law made by the Parliament
under Article 75 and the other person is:

(i) a naturalised Nauruan citizen;

(ii) not a Nauruan citizen by virtue of Article 71; or

(iii) not a descendant of a person who became a Nauruan citizen by virtue of

Article 71.

[Art 31 am Act 9 of 2022 s 4, opn 8 June 2022]

Article 32

Vacation of seats by members of Parliament

(1) A member of Parliament vacates his seat:

(a) upon the dissolution of Parliament next after his election;

(b) upon becoming disqualified under Article 31 to be elected a member of

Parliament;

member other than the Speaker, to the Speaker and, in the case of the Speaker,
to the Clerk of Parliament;

(d) if he is absent without leave of Parliament on every day on which a meeting of

Parliament is held during a period of two months; or

(e) upon ceasing to be a Nauruan citizen.

(2) In the event of the occurrence of a vacancy in the office of a member of Parliament,

an election shall be held in the manner prescribed by law of a member to fill the
vacant office.

Article 33

Clerk of Parliament

(1) There shall be a Clerk of Parliament, who shall be appointed by the Speaker.
(2) A member of Parliament is not qualified to be appointed Clerk of Parliament.
(3) The Clerk of Parliament may at any time resign his office by writing under his hand

delivered to the Speaker and may be removed from office by the Speaker at any time.

(4) Before or during the absence of the Clerk of Parliament, the Speaker may appoint a

person who is not a member of Parliament to perform the functions of the Clerk
during his absence.

Article 34

Speaker of Parliament

(1) Parliament shall, before it proceeds to the despatch of any other business, elect one

of its members to be Speaker and, whenever the office of Speaker is vacant, shall not
transact any business other than the election of one of its members to fill that office.

(2) A member of the Cabinet is not qualified to be elected Speaker.
[cl (2) insrt GN No 72/1968, opn 17 May 1968]

(3) The Speaker ceases to hold office:

(a) when Parliament first meets after a dissolution;

(b) upon ceasing to be a member of Parliament otherwise than by reason only of its

dissolution;

(d) upon being removed from office by a resolution of Parliament; or

(e) upon resigning his office by writing under his hand delivered to the Clerk of

Parliament.

[cl (3) subst GN No 72/1968, opn 17 May 1968]

Article 31

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Article 35

Deputy Speaker of Parliament

(1) Parliament shall, after the election of the Speaker and before it proceeds to the

despatch of any other business, elect one of its members to be Deputy Speaker and,
whenever the office of Deputy Speaker is vacant, shall, as soon as possible, elect one
of its members to fill that office.

(2) A member of the Cabinet is not qualified to be elected Deputy Speaker.
[cl (2) insrt GN No 72/1968, opn 17 May 1968]
(3) The Deputy Speaker ceases to hold office:

(a) when Parliament first meets after a dissolution;

(b) upon ceasing to be a member of Parliament otherwise than by reason only of its

dissolution;

(d) upon being removed from office by a resolution of Parliament; or

(e) upon resigning his office by writing under his hand delivered to the Clerk of

Parliament.

[cl (3) insrt GN No 72/1968, opn 17 May 1968]
(4) The powers and functions conferred by this Constitution upon the Speaker shall, if

there is no person holding the office of Speaker or if the Speaker is absent from a
sitting of Parliament or is otherwise unable to exercise those powers and perform
those functions, be exercised and performed by the Deputy Speaker and, if he is also
absent or unable to exercise those powers and perform those functions, Parliament
may elect one of its members to exercise those powers and perform those functions.

Article 36

Determination on questions of membership of Parliament

Any question that arises concerning the right of a person to be of or to remain a member
of Parliament shall be referred to and determined by the Supreme Court.

Article 37

Powers, privileges and immunities of Parliament

The powers, privileges and immunities of Parliament and of its members and committees
are such as are declared by Parliament.

Article 38

Procedure in Parliament

(1) Parliament may make, amend or repeal rules and orders with respect to:

(a) the mode on which its powers, privileges and immunities may be exercised and

upheld; and

(b) the conduct of its business and proceedings.

(2) Parliament may act notwithstanding a vacancy in its membership and the presence or

participation of a person not entitled to be present at, or to participate in, the
proceedings of Parliament does not invalidate those proceedings.

Article 39

General Elections for Parliament

A general election of members of Parliament shall be held at such time within two months
after a dissolution of Parliament as the Speaker in accordance with the advice of the
President appoints.
[Art 39 am GN No 72/1968, opn 17 May 1968]

Article 40

Sessions of Parliament

(1) Each session of Parliament shall be held at such place and shall begin at such time,

not being later than twelve months after the end of the preceding session if

Article 40

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Parliament has been prorogued, or twenty-one days after the last day on which a
candidate at a general election is declared elected if Parliament has been dissolved,
as the Speaker in accordance with the advice of the President appoints.

(2) Subject to the provisions of clause (1) of this Article, the sittings of Parliament shall

be held at such times and places as it, by its rules of procedure or otherwise,
determines.

[Art 40 am GN No 72/1968, opn 17 May 1968]

Article 41

Prorogation and dissolution of Parliament

(1) The Speaker, in accordance with the advice of the President, may at any time

prorogue Parliament.

(2) The Speaker shall, if he is advised by the President to dissolve Parliament, refer the

advice of the President to Parliament as soon as practicable and in any case before
the expiration of fourteen days after his receipt of the advice.

[cl (2) am GN No 72/1968, opn 17 May 1968]

(3) For the purposes of clause (2) of this Article, and notwithstanding Article 40, the

Speaker shall, if necessary, appoint a time for the beginning of session, or for a
sitting, of Parliament.

(4) Where the Speaker has, under clause (2) of this Article, referred the advice of the

President to Parliament, and no resolution for the removal from office of the
President and Ministers under Article 24 is approved after the date on which the
advice was so referred, he shall dissolve Parliament on the seventh day after that
date.

(5) The President may withdraw his advice at any time before the Speaker has dissolved

Parliament and where the President so withdraws his advice, the Speaker shall not
dissolve Parliament.

(6) Notwithstanding the preceding provisions of this Article, where a resolution for the

removal from office of the President and Ministers is approved under Article 24, the
Speaker shall not:

(a) prorogue Parliament; or

(b) dissolve Parliament,

during the period of seven days after the day on which the resolution is approved.

(7) Parliament shall, unless sooner dissolved, continue for a period of three years from

and including the date of the first sitting of Parliament after any dissolution and shall
then stand dissolved.

Article 42

Sessions of Parliament at request of one-third of members

(1) Where:

(a) Parliament is not in session; and

(b) there is delivered to the Speaker a request that complies with clause (2) of this

Article for the holding of a session,

the Speaker shall appoint a time for the holding of a session of Parliament, being a
time before the expiration of fourteen days after the request is delivered.

[cl (1) am GN No 72/1968, opn 17 May 1968]
(2) A request referred to in clause (1) of this Article:

(a) shall be in writing;

(b) shall be signed by a member of Parliament for each of at least three

constituencies and by a number of members of Parliament which is at least
one-third of the total number of members of Parliament; and

Article 40

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of Parliament.

[cl (2) am GN No 72/1968, opn 17 May 1968]

Article 43

Oath of members of Parliament

(1) A member of Parliament shall, before taking his seat, take and subscribe before

Parliament the oath set out in the Third Schedule, but a member may before taking
and subscribing that oath take part in electing the Speaker.

(2) The Speaker shall, if he has not taken and subscribed the oath set out in the Third

Schedule, take and subscribe that oath before entering upon the duties of his office.

Article 44

Speaker to preside

The Speaker shall preside at a sitting of Parliament.

Article 45

Quorum

No business shall be transacted at a sitting of Parliament if the number of its members
present, other than the person presiding at the sitting, is less than one-half of the total
number of members of Parliament.

Article 46

Voting

(1) Except as otherwise provided by this Constitution, a question before Parliament shall

be decided by a majority of the votes of its members present and voting.

(2) The Speaker or other member presiding in Parliament shall not vote unless on a

question the votes are equally divided in which case he has and shall exercise a
casting vote.

Article 47

Enactment of laws

A proposed law becomes law on the date when the Speaker certifies that it has been
passed by Parliament.

Article 47

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PART V — THE JUDICATURE

Article 48

Supreme Court of Nauru

(1) There shall be a Supreme Court of Nauru, which shall be a superior court of record.
(2) The Supreme Court has, in addition to the jurisdiction conferred on it by this

Constitution, such jurisdiction as is prescribed by law.

Article 49

Chief Justice and Judges of Supreme Court

(1) The Supreme Court consists of a Chief Justice and such number, if any, of other

judges as is prescribed by law.

(2) The judges of the Supreme Court shall be appointed by the President.
[cl (2) am GN No 72/1968, opn 17 May 1968]
(3) A person is not qualified to be appointed a judge of the Supreme Court unless he is

entitled as prescribed by law to practice as a barrister or solicitor in Nauru and has
been so entitled for not less than 10 years.

[cl (3) am Act 10 of 2022 s 4, opn 8 June 2022]

Article 50

Vacation of office

(1) A judge of the Supreme Court ceases to hold office on attaining the age of

sixty-five years or, if a greater age is prescribed by law for the purposes of this
Article, on attaining that greater age.

(2) A law that prescribes a greater age for the purposes of this Article may provide that

that law applies only to specified judges.

Article 51

Removal from office and resignation

(1) A judge of the Supreme Court may not be removed from office except on a resolution

of Parliament approved by not less than two-thirds of the total number of members
of Parliament praying for his removal from office on the ground of proved incapacity
or misconduct.

(2) A judge of the Supreme Court may resign his office by writing under his hand

delivered to the President.

[cl (2) am GN No 72/1968, opn 17 May 1968]

Article 52

Oath of office

A judge of the Supreme Court shall not enter upon the duties of his office unless he has
taken and subscribed the oath set out in the Fourth Schedule.

Article 53

Acting judges

(1) If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable

to perform the duties of his office then until a person has been appointed to and has
assumed the duties of that office or until the person holding that office has resumed
those duties, as the case may be, those duties shall be discharged by such one of the
other judges of the Supreme Court as is designated by the President or, if there is no
other judge of the Supreme Court, by a person designated by the President, being a
person who is qualified to be appointed a judge of the Supreme Court.

[cl (1) am GN No 72/1968, opn 17 May 1968]

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(2) If the office of a judge of the Supreme Court other than the office of the Chief Justice

is vacant or if the person holding that office is for any reason unable to perform the
duties of his office or if the state of business in the Supreme Court so requires, the
President may appoint a person qualified to be appointed a judge of the Supreme
Court to act as a judge of the Supreme Court and a person so appointed may act as
a judge of the Supreme Court notwithstanding that he has attained the age of sixty
five years or, if a greater age is prescribed by law for the purposes of Article 50, has
attained that greater age.

[cl (2) am GN No 72/1968, opn 17 May 1968]
(3) The provisions of clause (2) of this Article apply in respect of the office of Chief

Justice if at a time when the office of the Chief Justice is vacant no other person holds
office as a judge of the Supreme Court.

(4) A person appointed under clause (2) of this Article to act as a judge of the Supreme

Court shall continue to act for the period of his appointment or, if no such period is
specified, until his appointment is revoked by the President.

[cl (4) am GN No 72/1968, opn 17 May 1968]

Article 54

Matters concerning the Constitution

(1) The Supreme Court shall, to the exclusion of any other court, have original

jurisdiction to determine any question arising under or involving the interpretation or
effect of any provision of this Constitution.

(2) Without prejudice to any appellate jurisdiction of the Supreme Court, where in any

proceedings before another court a question arises involving the interpretation or
effect of any provision of this Constitution, the cause shall be removed into the
Supreme Court, which shall determine that question and either dispose of the case or
remit it to that other court to be disposed of in accordance with the determination.

Article 55

The Cabinet may refer questions on Constitution to the

Supreme Court
The President or a Minister may, in accordance with the approval of the Cabinet, refer to
the Supreme Court for its opinion any question concerning the interpretation or effect of
any provision of this Constitution which has arisen or appears to the Cabinet likely to
arise, and the Supreme Court shall pronounce in open court its opinion on the question.
[Art 55 subst GN No 72/1968, opn 17 May 1968]

Article 56

Subordinate courts

There shall be such subordinate courts as are established by law and those courts possess
such jurisdiction and powers as are prescribed by law.

Article 57

Nauru Court of Appeal

(1) There shall be a Nauru Court of Appeal, with jurisdiction and powers to hear and

determine appeals on decisions or judgments of the Supreme Court or as prescribed
by law.

[cl (1) am Act 10 of 2022 s 5, opn 8 June 2022]
(2) For the avoidance of doubt, there shall be no appeals from any decisions or

judgments of the Court of Disputed Returns.

(3) There shall be a President of the Nauru Court of Appeal, who shall be appointed by

the President.

[cl (3) subst Act 10 of 2022 s 5, opn 8 June 2022]

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(4) The Nauru Court of Appeal shall consist of the President of the Nauru Court of

Appeal and such other number of Justices of Appeal as may be prescribed by law.

[cl (4) subst Act 10 of 2022 s 5, opn 8 June 2022]

(5) The Justices of Appeal are to be appointed by the President in consultation with the

President of the Nauru Court of Appeal.

[cl (5) subst Act 10 of 2022 s 5, opn 8 June 2022]

[cl (6) rep Act 10 of 2022 s 5, opn 8 June 2022]

(6) A person is not qualified to be appointed a Justice of Appeal unless he or she is

qualified to be appointed as a judge of the Supreme Court and has been so qualified
for at least 10 years.

[cl (7) am and renum as cl (6) Act 10 of 2022 s 5, opn 8 June 2022]

(7) A person may be appointed a Justice of Appeal either for a period of time or for the

hearing of one or more particular appeals as specified in the instrument of
appointment.

[cl (8) renum as cl (7) Act 10 of 2022 s 5, opn 8 June 2022]

(8) No person may serve as a Justice of Appeal after the age of seventy-five years except

that the person may continue to hear an appeal commenced before he or she attained
that age.

[cl (9) renum as cl (8) Act 10 of 2022 s 5, opn 8 June 2022]

(9) Articles 51 and 52 of this Constitution apply with necessary modifications to Justices

of Appeal as they apply to judges of the Supreme Court.

[cl (10) renum as cl (9) Act 10 of 2022 s 5, opn 8 June 2022]

[Art 57 subst Act 12 of 2018 s 4, opn 10 May 2018]

Article 57A

Judicial power and authority of the Republic

The judicial power and authority of the Republic is vested in the Nauru Court of Appeal,
the Supreme Court, the District Court and in such other courts or tribunals as are created
by law.
[Art 57A insrt Act 12 of 2018 s 5, opn 10 May 2018]

Article 57A

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PART VI — FINANCE

Article 58

Treasury Fund

All revenues and other moneys raised or received by Nauru, not being revenues or other
moneys payable by law into another fund established for a specific purpose, shall be paid
into and form a Treasury Fund.
[Art 58 am GN No 72/1968, opn 17 May 1968]

Article 59

Withdrawals from Treasury Fund and public funds

(1) No moneys shall be withdrawn from the Treasury Fund except to meet expenditure

that is charged upon the Treasury Fund by this Constitution or in accordance with
law.

(2) No moneys shall be withdrawn from any fund referred to in Article 58 other than the

Treasury Fund except in accordance with law.

(3) A proposed law for the withdrawal of moneys from the Treasury Fund or any other

fund referred to in Article 58 shall not receive the certificate of the Speaker under
Article 47 unless the purpose of the withdrawal has been recommended to Parliament
by the Cabinet.

[cl (3) am GN No 72/1968, opn 17 May 1968]

(4) The Cabinet shall cause to be prepared and laid before Parliament before the date of

commencement of each financial year (or if, in respect of a particular financial year,
Parliament, by resolution, determines a later date, before that later date), estimates of
the revenues and expenditure of Nauru for that year.

[cl (4) am GN No 72/1968, opn 17 May 1968]

Article 60

Taxation

No tax shall be raised except as prescribed by law and a proposed law for the imposition
of a tax shall not receive the certificate of the Speaker under Article 47 unless the
imposition of the tax has been recommended to Parliament by the Cabinet.

[Art 60 am GN No 72/1968, opn 17 May 1968]

Article 61

Withdrawal of moneys in advance of appropriation law

(1) If the appropriation law in respect of a financial year has not received the certificate

of the Speaker under Article 47 on or before the twenty-first day before the
commencement of that financial year, the Cabinet may, in accordance with clause (2)
of this Article, recommend to Parliament a proposed law authorising the withdrawal
of moneys from the Treasury Fund for the purpose of meeting expenditure necessary
to carry on the services of the Republic of Nauru after the commencement of that
financial year until the expiration of three months or the coming into operation of the
appropriation law, whichever is the earlier.

[cl (1) am GN No 72/1968, opn 17 May 1968]

(2) A recommendation by the Cabinet referred to in clause (1) of this Article shall be in

writing delivered to the Speaker not later than the fourteenth day before the
commencement of the financial year and the Speaker shall, on receiving the
recommendation, lay it before Parliament as soon as practicable.

[cl (2) subst GN No 72/1968, opn 17 May 1968]

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(3) For the purposes of clause (2) of this Article and notwithstanding Article 40, the

Speaker shall, if necessary, appoint a time for the beginning of a session, or for a
sitting, of Parliament.

[cl (3) am GN No 72/1968, opn 17 May 1968]
(4) Where the Cabinet has recommended a proposed law under clause (1) of this Article

and neither the appropriation law nor that proposed law has come into operation on
or before the commencement of that financial year, the Cabinet may authorise the
withdrawal of moneys in accordance with that proposed law but the amount of
moneys so withdrawn shall not exceed one-quarter of the amount withdrawn under
the authority of the appropriation law or laws in respect of the preceding financial
year.

[cl (2) subst GN No 72/1968, opn 17 May 1968]

Article 62

Long Term Investment Fund

(1) There shall be a Long Term Investment Fund constituted by the moneys that

immediately before the commencement of this Constitution constituted a fund called
the Nauruan Community Long Term Investment Fund and by such other moneys as
are appropriated by law for payment into the fund or are paid into the fund as
provided by clause (2) of this Article.

(2) Moneys constituting the Long Term Investment Fund may be invested as prescribed

by law and income derived from moneys so invested shall be paid into the fund.

(3) Notwithstanding the provisions of Article 59, no moneys shall be withdrawn from

the Long Term Investment Fund (otherwise than for investment under clause (2) of
this Article) until the recovery of the phosphate deposits in Nauru has, by reason of
the depletion of those deposits, ceased to provide adequately for the economic needs
of the citizens of Nauru.

Article 63

Phosphate royalties

(1) Parliament may provide for the establishment of a fund for the benefit of persons

from whose land phosphate deposits have been recovered and for the payment into
that fund of amounts from the Treasury Fund and for the payment of moneys out of
that fund to those persons.

(2) Parliament may provide for the payment from the Treasury Fund to persons from

whose land phosphate deposits have been recovered of such royalties as are
prescribed by law.

Article 64

Contingencies Fund

(1) Parliament may provide for the establishment of a Contingencies Fund and for

authorising the Cabinet, if satisfied that there has arisen an urgent and unforeseen
need for expenditure for which no other provision exists, to make advances from that
fund for the purposes of that expenditure.

[cl (1) am GN No 72/1968, opn 17 May 1968]
(2) Where an advance is made from the Contingencies Fund, provision may be made by

law for replacing the amount so advanced.

Article 65

Remuneration of certain officers

(1) There shall be paid to the holders of the offices to which this Article applies such

salary and such allowances as are prescribed by law.

[cl (1) am GN No 72/1968, opn 17 May 1968]

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(2) The salaries and allowances payable to the holder of the offices to which this Article

applies are a charge on the Treasury Fund.

(3) The salary and allowances payable to the holder of an office to which this Article

applies and his other conditions of service shall not be altered to his disadvantage
during the term of his appointment.

(4) This Article applies to the office of judge of the Supreme Court, Clerk of Parliament

and Auditor General.

[Art 65 am Act 10 of 2015, opn 12 May 2015]

Article 66

Auditor General

(1) There shall be an Auditor General, whose office is a public office.
(2) The powers and functions and the conditions of service of the Auditor General are,

subject to this Constitution, as prescribed by law.

(3) The Auditor General shall not hold or act in any other public office during his period

of service and a person who has held the office of Auditor General shall not hold or
act in any public office during the period of three years after he ceases to be Auditor
General.

(4) The Auditor General may resign his office at any time by writing under his hand

delivered to the Speaker.

(5) The Auditor General may not be removed from office except on a resolution of

Parliament approved by not less than two-thirds of the total number of members of
Parliament praying for his removal from office on the ground of proved incapacity or
misconduct.

[Art 66 am Act 10 of 2015, opn 12 May 2015]

Article 67

Public debt

(1) All debt charges for which Nauru is liable are a charge on the Treasury Fund.
(2) For the purposes of this Article, debt charges include interest, sinking fund charges,

repayment or amortisation of debt and all expenditure in connexion with the raising
of loans and the service and redemption of the debt thereby created.

Article 67

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PART VII — THE PUBLIC SERVICE

Article 68

Appointments, etc., in the Public Service

(1) Except as otherwise provided by law under Article 69, there is vested in the Chief

Secretary the power:

(a) to appoint, subject to clause (3) of this Article, persons to hold or act in offices

in the Public Service;

(b) to exercise disciplinary control over persons holding or acting in such offices;

and

(2) The Chief Secretary may, by instrument in writing under his hand, delegate to a

public officer power to exercise disciplinary control over persons holding or acting in
such public offices, other than offices referred to in clause (3) of this Article, as the
Chief Secretary specifies in the instrument and such delegation is subject to such
conditions, if any, as the Chief Secretary specifies in the instrument.

(3) The Chief Secretary may not exercise his power under paragraph (a) of clause (1) of

this Article in relation to the office of a person in charge of a department of
government and such other offices as are prescribed by law except in accordance
with the approval of the Cabinet.

(4) The Chief Secretary shall report to the Cabinet on such matters relating to the

exercise of the powers under this Article as are prescribed by law at least once a year
and the Cabinet shall cause a copy of the report to be laid before Parliament.

Article 69

Power of Parliament to establish Public Service Board

and to make special provisions regarding police
(1) Parliament may make provision for either or both of the following:

(a) vesting the powers and functions of the Chief Secretary under clauses (1) and

(2) of Article 68 in a Public Service Board consisting of the Chief Secretary,
who shall be Chairman, and not less than two other persons who are not
members of Parliament; and

(b) subject to clause (2) of this Article, vesting in the public officer in charge of the

Nauru Police Force the powers and functions of the Chief Secretary under
clause (1) of Article 68, in so far as they apply to or in respect of public officers
in the Nauru Police Force.

(2) Where Parliament makes provision under paragraph (b) of clause (1) of this Article:

(a) it shall also make provision for establishing a Police Service Board consisting

of not less than three persons, who are not members of Parliament, of whom
one shall be a person qualified to be appointed as a Judge of the Supreme Court
to be appointed by the Cabinet, who shall be Chairman, one shall be the Chief
Secretary, and one shall be a person elected by members of the Nauru Police
Force in such manner and for such term as are prescribed by law;

(b) the power of the public officer in charge of the Nauru Police Force to appoint

persons to hold or act in offices in the Nauru Police Force shall be subject to
such consent, if any, of the Police Service Board as is required by law; and

Service Board, the Public Service Board, shall not exercise the powers or

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perform the functions under clauses (1) and (2) of Article 68 in so far as they
apply to or in respect of public officers in the Nauru Police Force.

[cl (2) am Act 10 of 2022 s 6, opn 8 June 2022]
(2A) The appointment of the Chairman of the Police Service Board shall be for a

continuous period of 3 years and is eligible to be re-appointed.

[cl (2A) insrt Act 10 of 2022 s 6, opn 8 June 2022]
(3) An appeal lies to the Police Service Board from a decision of the public officer in

charge of the Nauru Police Force under this Article to remove a public officer from
office or to exercise disciplinary control over a public officer at the instance of the
public officer in respect of whom the decision is made.

(4) The Police Service Board shall exercise such other powers and functions as are

conferred on it by law and shall, subject to this Article and any law, regulate its own
procedure.

(5) Except as otherwise provided by law, no appeal lies from a decision of the Police

Service Board.

Article 70

Public Service Appeals Board

(1) There shall be a Public Service Appeals Board which shall consist of a person

qualified to be appointed as a Judge of the Supreme Court to be appointed by the
Cabinet, who shall be Chairman, one person appointed by the Cabinet and one
person elected by public officers as prescribed by law.

[cl (1) am Act 10 of 2022 s 7, opn 8 June 2022]
(2) A member of Parliament is not qualified to be a member of the Public Service

Appeals Board.

(2A) The appointment of the Chairman of the Public Service Appeals Board shall be for

a continuous period of 3 years and is eligible to be re-appointed.

[cl (2A) insrt Act 10 of 2022 s 7, opn 8 June 2022]
(3) A member of the Public Service Appeals Board ceases to hold office:

(a) upon being elected a member of Parliament;

(b) if he was appointed by the Cabinet, upon being removed from office by the

Cabinet or upon resigning his office by writing under his hand delivered to the
President; or

was elected, upon being removed from office in the manner prescribed by law
or upon resigning his office by writing under his hand delivered to the Chief
Secretary.

(4) Whenever a member of the Public Service Appeals Board, other than the Chairman,

is unable for any reason or ineligible under clause (5) of this Article to perform the
duties of his office, the Cabinet may:

(a) if the member was appointed by it, appoint a person who is not a member of

Parliament; or

(b) if the member was elected by public officers, appoint, subject to such

conditions, if any, as are prescribed by law, a person to act as a member of the
Public Service Appeals Board during the period of the inability or ineligibility
of the member.

[cl (4) am Act 10 of 2022 s 7, opn 8 June 2022]
(5) Parliament may provide that a member of the Public Service Appeals Board, other

than the Chairman, is ineligible to act in relation to such matters as are prescribed by
law.

[cl (5) am Act 10 of 2022 s 7, opn 8 June 2022]

Article 69

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PART VIII — CITIZENSHIP

Article 71

Members of Nauruan community to be Nauruan citizens

A person who on the thirtieth day of January One thousand nine hundred and sixty-eight
was included in one of the classes of persons who constituted the Nauruan Community
within the meaning of the Nauruan Community Ordinance 1956 – 1966 of Nauru is a
Nauruan citizen.

Article 72

Persons born on or after 31 January 1968

(1) A person born on or after the thirty-first day of January One thousand nine hundred

and sixty-eight is a Nauruan citizen if his parents were Nauruan citizens at the date
of his birth.

(2) A person born on or after the thirty-first day of January One thousand nine hundred

and sixty-eight is a Nauruan citizen if he is born of a marriage between a Nauruan
citizen and a Pacific Islander and neither parent has within seven days after the birth
of that person exercised a right prescribed by law in the manner prescribed by law to
determine that that person is not a Nauruan citizen.

Article 73

Persons born in Nauru on or after 31 January 1968

A person born in Nauru on or after the thirty-first day of January One thousand nine
hundred and sixty-eight, if at the date of his birth he would not have the nationality of any
country, an application may be made to Cabinet for citizenship. It shall be the prerogative
of Cabinet as to whether citizenship is granted or not.
[Art 73 subst Act 19 of 2015 s 3 and Sch, opn 18 Sep 2015]

Article 74

Women married to Nauruan citizens

A woman, not being a Nauruan citizen, who is married to a Nauruan citizen or has been
married to a man who was, throughout the subsistence of the marriage, a Nauruan citizen,
is entitled, upon making application in such manner as is prescribed by law, to become a
Nauruan citizen.
[Art 74 am GN No 72/1968, opn 17 May 1968]

Article 75

Powers of Parliament regarding citizenship

(1) Parliament may make provision for the acquisition of Nauruan citizenship by persons

who are not otherwise eligible to become Nauruan citizens under the provisions of
this Part.

(2) Parliament may make provision for depriving a person of his Nauruan citizenship

being a person who has acquired the nationality of another country otherwise than by
marriage.

(3) Parliament may make provision for depriving a person of his Nauruan citizenship

being a person who is a Nauruan citizen otherwise than by reason of Article 71 or
Article 72.

(4) Parliament may make provision for the renunciation by a person of his Nauruan

citizenship.

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PART IX — EMERGENCY POWERS

Article 77

Declaration of an emergency

(1) If the President is satisfied that a grave emergency exists whereby the security or

economy of Nauru is threatened he may, by public proclamation, declare that a state
of emergency exists.

[cl (1) am GN No 72/1968, opn 17 May 1968]

(2) A declaration of emergency lapses:

(a) if the declaration is made when Parliament is sitting, at the expiration of seven

days after the date of publication of the declaration; or

(b) in any other case, at the expiration of twenty-one days after the date of

publication of the declaration,

unless it has in the meantime been approved by a resolution of Parliament approved
by a majority of the members of Parliament present and voting.

(3) The President may at any time revoke a declaration of emergency by public

proclamation.

(4) A declaration of emergency that has been approved by a resolution of Parliament

under clause (2) of this Article remains, subject to the provisions of clause (3) of this
Article, in force for twelve months or such shorter period as is specified in the
resolution.

(5) A provision of this Article that a declaration of emergency lapses or ceases to be in

force at a particular time does not prevent the making of a further such declaration
whether before or after that time.

Article 78

Emergency powers

(1) During the period during which a declaration of emergency is in force, the President

may make such orders as appear to him to be reasonably required for securing public
safety, maintaining public order or safeguarding the interests or maintaining the
welfare of the community.

[cl (1) am GN No 72/1968, opn 17 May 1968]

(2) An order made by the President under clause (1) of this Article:

(a) has effect notwithstanding anything in Part II of this Constitution or in Article

94;

(b) is not invalid in whole or in part by reason only that it provides for any matter

for which provision is made under any law or because of inconsistency with
any law; and

order is revoked by a resolution of Parliament approved by a majority of the
members of Parliament present and voting.

[cl (2) am GN No 72/1968, opn 17 May 1968]

(3) The revocation or lapsing of an order made by the President under clause (1) of this

Article does not affect the previous operation of that order, the validity of anything
done or omitted to be done under it or any offence committed or penalty or
punishment incurred.

[cl (3) am GN No 72/1968, opn 17 May 1968]

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Article 79

Restriction on detention

(1) For the purposes of this Article there shall be an advisory board consisting of the

Chief Justice, one person nominated by the Chief Justice and one person nominated
by the Cabinet.

[cl (1) am GN No 72/1968, opn 17 May 1968]

(2) A person detained under an order under Article 78 shall, as soon as practicable, be

informed of the reasons for his detention and be brought before the advisory board
and permitted to make representations against his detention.

(3) No person shall be detained under an order under Article 78 for a period exceeding

three months unless that person has been brought before the advisory board and any
representations made by him have been considered by it and it has within that period
determined that there is sufficient cause for the detention.

[The next page is 7601]

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PART X — GENERAL

Article 80

Grant of pardon

The President may:
(a) grant a pardon, either free or subject to lawful conditions, to a person convicted of an

offence;

(b) grant to a person a respite, either indefinite or for a specified period, of the execution

of a punishment imposed on that person for an offence;

for an offence; or

(d) remit the whole or a part of a punishment imposed on a person for an offence or of

a penalty or forfeiture on account of an offence.

Article 81

Interpretation

(1) In this Constitution, unless the context otherwise requires:

“Article” means Article of this Constitution;

“Cabinet” means the Cabinet established under Article 17;

“Chief Justice” means the Chief Justice of the Supreme Court;

“Chief Secretary” means the Chief Secretary of Nauru appointed under Article 25;

“Court” means a court of law having jurisdiction in Nauru;

“Existing law” means a law in force in Nauru immediately before Independence
Day;

“Government Gazette” means the Nauru Government Gazette;

“Independence Day” means the thirty-first day of January, One thousand nine
hundred and sixty-eight;

“Law” includes an instrument having force of law and an unwritten rule of law and
“lawful” and “lawfully” shall be construed accordingly;

“Minister” means a Minister of the Cabinet;

“Month” means calendar month;

“Parliament” means the Parliament of Nauru established under Article 26;

“Person” includes a body corporate or politic;

“President” means the President of Nauru;

“Property” includes a right, title or interest in or over property;

“Public office” means an office of emolument in the public service;

“Public officer” means a person holding or acting in a public office;

“Public service” means, subject to the provisions of this Article, the service of the
Republic of Nauru;

“Schedule” means Schedule to this Constitution;

“Session” means the period beginning when the Legislative Assembly of Nauru first
met on Independence Day or after Parliament has at any time been prorogued or
dissolved and ending when next Parliament is prorogued or dissolved;

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“Sitting” means a period during which Parliament is sitting without adjournment;

“Speaker” means the Speaker of Parliament;

“Supreme Court” means the Supreme Court of Nauru established under Article 48;

“Writing” includes any mode of representing or reproducing words in a visible form.

[cl (1) am GN No 72/1968, opn 17 May 1968]

(2) In this Constitution:

(a) a reference to an office in the public service does not include:

(i) a reference to the office of President, Minister, Speaker, Deputy Speaker,

member of Parliament or Clerk of Parliament;

(ii) a reference to the office of a judge of the Supreme Court; or

(iii) except in so far as is prescribed by law, a reference to the office of a

member of a council, board, panel, committee or other similar body,
whether incorporated or not, established by law; and

(b) a reference to an office of profit in the service of Nauru does not include a

reference to the office of President, Minister, Speaker, Deputy Speaker or
member of Parliament.

[cl (2) subst GN No 72/1968, opn 17 May 1968]

(3) In this Constitution, unless the context otherwise requires, a reference to the holder

of an office by an expression designating his office shall be construed as including,
to the extent of his authority, a reference to a person for the time being authorised to
exercise the powers or perform the functions of that office.

(4) In this Constitution, a reference to the total number of members of Parliament is a

reference to the number of members of which Parliament consists in accordance with
Article 28.

(5) In this Constitution, unless the context otherwise requires:

(a) words importing the masculine gender shall be taken to include females; and

(b) words in the singular includes the plural and words in the plural include the

singular.

(6) Where a law is repealed, or is deemed to have been repealed, by, under or by reason

of this Constitution, the repeal does not:

(a) revive anything not in force or existing at the time at which the repeal takes

effect;

(b) affect the previous operation of the law or anything only done or suffered under

the law;

under the law;

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence

committed against the law; or

(e) affect any investigation, legal proceeding or remedy in respect of any such

right, privilege, obligation, liability, penalty, forfeiture or punishment,

and any such investigation, legal proceeding or remedy may be instituted, continued
or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the
law had not been repealed.

(7) Where a person is required by this Constitution to take and subscribe an oath, he

shall be permitted, if he so desires, to comply with that requirement by making and
subscribing an affirmation.

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Article 82

Parts, etc., of Constitution

(1) The headings of the Parts into which this Constitution is divided are part of this

Constitution.

(2) A Schedule to this Constitution is part of this Constitution.
(3) The preamble and the marginal notes to this Constitution do not form part of this

Constitution.

Article 83

Right to mine phosphate

(1) Except as otherwise provided by law, the right to mine phosphate is vested in the

Republic of Nauru.

[cl (1) subst GN No 72/1968, opn 17 May 1968]

(2) Nothing in this Constitution makes the Government of Nauru responsible for the

rehabilitation of land from which phosphate was mined before the first day of July,
One thousand nine hundred and sixty-seven.

Article 84

Amendment of the Constitution

(1) This Constitution shall not be altered except in accordance with this Article.
(2) This Constitution may be altered by law but a proposed law for the purpose shall not

be passed by Parliament unless:

(a) there has been an interval of not less than ninety days between the introduction

of the proposed law in Parliament and the passing of the proposed law by
Parliament; and

(b) it is approved by not less than two-thirds of the total number of members of

Parliament.

(3) A proposed law to alter or having the effect of altering the Fifth Schedule or any of

the provisions of this Constitution specified in the Fifth Schedule shall not be
submitted for the certificate of the Speaker under Article 47 unless, after it has been
passed by Parliament, it has been approved by not less than two-thirds of all the
votes validly cast on a referendum held, subject to clause (4) of this Article, as
prescribed by law.

(4) A person who, at the time the referendum is held, is qualified to vote at an election

of members of Parliament, is entitled to vote at a referendum held for the purposes
of this Article and no other person is so entitled.

(5) A proposed law to alter this Constitution shall not receive the certificate of the

Speaker under Article 47 unless it is accompanied by a certificate under the hand of
the Clerk of Parliament that the provisions of clause (2) of this Article have been
complied with and, if it is a proposed law to which clause (3) of this Article applies,
by a certificate under the hand of a person prescribed by law stating that it has been
approved as provided by that clause.

[Art 84 subst GN No 72/1968, opn 17 May 1968]

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PART XI — TRANSITIONAL PROVISIONS

Article 85

Existing laws

(1) A law in force in Nauru immediately before Independence Day continues in force,

subject to this Constitution and to any amendment of that law made by a law enacted
under this Constitution or by order under clause (6) of this Article, until repealed by
a law enacted under this Constitution.

(2) A law which has not been brought into force in Nauru before Independence Day may,

subject to this Constitution and to any amendment of that law made by law, be
brought into force on or after Independence Day and a law brought into force under
this clause continues in force subject as aforesaid, until repealed by a law enacted
under this Constitution.

(3) Clause (1) of this Article does not apply to the Nauru Act 1965 of the

Commonwealth of Australia, other than Sections 4 and 53 of that Act, or to an Act
of the Commonwealth of Australia that immediately before Independence Day
extended to Nauru as a Territory of that Commonwealth.

(4) The Constitutional Convention Ordinance 1967 of Nauru shall not be amended so as

to affect the membership of the Constitutional Convention established under that
Ordinance.

(5) Where a matter that, under the Constitution, is to be prescribed or otherwise provided

for by law, is prescribed or otherwise provided for by a law continued in force by
clause (1) or (2) of this Article, that matter has, on or after Independence Day, effect
as if it had also been prescribed or provided for by a law enacted under this
Constitution.

(6) For the purposes of bringing the provisions of an existing law into accord with the

provisions of this Constitution (other than Part II of this Constitution) the President
may, except as otherwise prescribed by law, within a period of two years after
Independence Day, make, by order published in the Government Gazette, such
adaptations, whether by way of modification of, addition to or omission from those
provisions, as he deems necessary or expedient and an order so made has effect, or
shall be deemed to have effect, from and including such date, not being a date before
Independence Day, as is specified in the order.

Article 86

Adaptation of existing laws

(1) Subject to this Constitution, a reference in a law continued in force by clause (1) or

(2) of Article 85 to:

(a) the Governor-General of the Commonwealth of Australia; or

(b) the Minister of State for Territories of the Commonwealth of Australia,

shall, unless the context otherwise requires, be read as a reference to the President.

(2) Subject to this Constitution, a reference in a law continued in force by clause (1) or

(2) of Article 85 to the Administrator of the Territory of Nauru shall, unless the
context otherwise requires, be read as a reference to the President or where
responsibility for the administration of that law is assigned to a Minister under
Article 23, to that Minister.

(3) Subject to this Constitution, a reference in a law continued in force by clause (1) or

(2) of Article 85 to the Administrator of the Territory of Nauru acting in accordance

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with the advice of the Executive Council of the Territory of Nauru shall, unless the
context otherwise requires, be read as a reference to the Cabinet.

Article 87

Existing public officers

(1) Subject to this Constitution and any law, a person who immediately before

Independence Day holds or is acting in a public office shall, on and after
Independence Day, hold or act in that office or the corresponding office established
by this Constitution on the same terms and conditions as those on which he holds or
is acting in the public office immediately before Independence Day.

(2) Nothing in this Article shall be construed as applying to a person who immediately

before Independence Day holds or is acting in the office of Administrator, Public
Service Commissioner or Official Secretary.

Article 88

Existing legal proceedings

All legal proceedings pending or incomplete in the Central Court of the Island of Nauru
immediately before Independence Day shall stand removed to the Supreme Court, which
shall have jurisdiction to hear and determine the proceedings and the judgments and
orders of the Central Court of the Island of Nauru given or made before Independence
Day shall have the same force and effect as if they had been delivered or made by the
Supreme Court.

Article 89

The first Parliament

(1) The persons who were elected at the election conducted during January, One

thousand nine hundred and sixty-eight at the instance of the Constitutional
Convention to become members of the Legislative Assembly of Nauru on
Independence Day are members of the first Parliament and shall be deemed to have
been elected in accordance with this Constitution.

(2) The first Parliament came into existence on Independence Day under the name of the

Legislative Assembly of Nauru and continues under the name of Parliament from
and including the date on which this clause comes into operation.

(3) The first Parliament shall, unless sooner dissolved, continue for a period of three

years from and including Independence Day and shall then stand dissolved.

(4) In this Article, “Constitutional Convention” means the Constitutional Convention

established under the Constitutional Convention Ordinance 1967 of Nauru.

Article 90

Powers, privileges and immunities of Parliament

Until otherwise declared by Parliament, the powers, privileges and immunities of
Parliament and of its members and committees shall be those of the House of Commons
of the Parliament of the United Kingdom of Great Britain and Northern Ireland and of its
members and committees as at the commencement of this Constitution.

Article 91

Vesting of property, etc.

(1) All property and assets which, immediately before Independence Day, were vested in

the Administrator of the Territory of Nauru or in the Administration of the Territory
of Nauru, vest in the Republic of Nauru.

(2) All rights, liabilities and obligations of the Administrator of the Territory of Nauru or

of the Administration of the Territory of Nauru, whether arising out of contract or
otherwise, are rights, liabilities and obligations of the Republic of Nauru.

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Article 92

Constitutional Convention to continue in existence

(1) Notwithstanding the coming into force of this Constitution, the Constitutional

Convention established under the Constitutional Convention Ordinance 1967 of
Nauru shall, subject to this Article, continue in existence during the period of five
months after Independence Day or, if the Constitutional Convention approves by
resolution a shorter period, during that shorter period.

(2) The Constitutional Convention shall, in lieu of the powers held by it before

Independence Day, have the powers conferred on it by clause (3) of this Article.

(3) The Constitutional Convention may, during the period referred to in clause (1) of this

Article, by resolution approved by a majority of the members of the Constitutional
Convention, alter any of the provisions of this Constitution other than this Article and
clause (4) of Article 85.

(4) In this Article, a reference to the members of the Constitutional Convention is a

reference to the number of members of which it consists on the day on which the
question arises.

Article 93

Agreement of 14 November 1967 relating to Phosphate

Industry
(1) The Agreement made on the fourteenth day of November, One thousand nine

hundred and sixty-seven between the Nauru Local Government Council of the one
part and the Partner Governments of the other part shall, on and after Independence
Day, be construed as an agreement between the Government of the Republic of
Nauru of the one part and the Partner Governments of the other part and all rights,
liabilities, obligations and interest of the Nauru Local Government Council in or
under that Agreement are, on and after Independence Day, rights, liabilities,
obligations and interest of the Government of the Republic of Nauru.

(2) In clause (1) of this Article, “Partner Governments” means the Government of the

Commonwealth of Australia, the Government of New Zealand and the Government
of the United Kingdom of Great Britain and Northern Ireland.

Article 94

Financial provisions to 30 June 1968

Notwithstanding the provisions of Part VI of this Constitution, no moneys shall be
withdrawn from the Treasury Fund or any other fund referred to in Article 58 before the
first day of July, One thousand nine hundred and sixty-eight, except:
(a) in accordance with the appropriations authorised under the Supply Ordinance 1967 –

68 of Nauru or the Appropriation Ordinance 1967 – 68 of Nauru;

(b) for the purpose of allocating, in respect of each ton of phosphate shipped from Nauru

before the first day of July, One thousand nine hundred and sixty-eight, to the funds
or for the purposes specified in the Sixth Schedule the amounts so specified; or

Article 95

Transitional provision relating to judges of the Supreme

Court
Notwithstanding clause (3) of Article 49, until otherwise provided by law, a person is
qualified to be appointed a judge of the Supreme Court if:
(a) he is or has been a judge of a court having jurisdiction in some part of the

Commonwealth of Australia or in such other place as is approved by Parliament by
resolution for the purposes of this Article; or

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(b) he is entitled to practise as an advocate in or solicitor of such a court and has been so

entitled for not less than five years.

Article 96

Transitional provision relating to Chief Justice

(1) The powers and functions of the Chief Justice may, until the Chief Justice is first

appointed, be exercised or performed by not less than three persons, being persons
who, immediately before Independence Day, were magistrates of the Central Court
within the meaning of the Nauru Act 1965 of the Commonwealth of Australia.

(2) Notwithstanding clause (1) of this Article, the powers and functions of the Chief

Justice under Articles 69 and 70 may, until the Chief Justice is first appointed, be
exercised or performed by a person who, immediately before Independence Day, was
a magistrate of the Central Court referred to in clause (1) of this Article.

Article 97

Auditor General

(1) Notwithstanding Article 66, until the Auditor General is first appointed the Cabinet

shall cause to be audited at least once in every year the public accounts of Nauru and
the accounts of such public bodies as Parliament by resolution determines.

(2) The Cabinet shall cause a report on the results of an audit under clause (1) of this

Article to be laid before Parliament as soon as practicable after completion of the
audit.

[Art 97 am Act 10 of 2015, opn 12 May 2015]

Article 98

Transitional provision relating to Superannuation Board

(1) Until otherwise provided by law, the Superannuation Board established under the

Superannuation Ordinance 1966 of Nauru consists of three persons appointed by the
Cabinet of whom one shall be chairman, one shall be an actuary or a person
experienced in respect of the investment of moneys and one shall be a person who
is a contributor within the meaning of that Ordinance elected by contributors in the
manner prescribed by or under law.

(2) Notwithstanding clause (1) of this Article and until otherwise provided by law, a

person who, immediately before this clause comes into effect, is a member of the
Superannuation Board referred to in clause (1) of this Article, shall continue to be a
member of the Superannuation Board.

Article 99

Transitional provision relating to the first President and

Cabinet
(1) Notwithstanding anything in Part III of this Constitution, the first President shall be

elected by Parliament at its first sitting held after this Article comes into effect.

(2) The powers and functions of the President and of the Cabinet may, until the first

President is elected, be exercised or performed by the Council of State.

(3) In this Article, “Council of State” means the Council of State of Nauru in existence

immediately before Part III of this Constitution relating to the President and the
Executive comes into effect.

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