Nauru Lands Committee (Amendment) Act 2012 (No. 9 of 2012)

REPUBLIC OF NAURU Nauru Lands Committee (Amendment) Act 2012 Act No. 9 of 2012 Table of Provisions 1 Short title .................................................................................................. 1 2 Commencement ....................................................................................... 1 3 Amendment of Nauru Lands Committee Act ............................................ 1 SCHEDULE - AMENDMENT OF THE NAURU LANDS COMMITTEE ACT 1956 ......... 2 As certified on 10 October 2012 1 REPUBLIC OF NAURU Nauru Lands Committee (Amendment) Act 2012 Act No. 9 of 2012 An Act to amend the Nauru Lands Committee Act 1956 Certified on 10 October 2012 Enacted by the Parliament of Nauru as follows: 1 Short title This Act may be cited as the Nauru Lands Committee (Amendment) Act 2012. 2 Commencement This Act commences on the day it receives the certificate of the Speaker under Article 47. 3 Amendment of Nauru Lands Committee Act 1956 The Schedule amends the Nauru Lands Committee Act 1956. As certified on 10 October 2012 2 SCHEDULE – AMENDMENT OF NAURU LANDS COMMITTEE ACT 1956 section 3 [1] New part heading – PART 1 Before section 1 insert PART 1 – PRELIMINARY MATTERS [2] Amendment of section 2 Section 2 insert (in alphabetical order) ‘Curator’ means the Curator of Intestate Estates mentioned in section 6 of the Succession, Probate and Administration Act 1976; ‘personal estate’ means the personal property to which a deceased person was entitled at the time of the person’s death, and any share or interest in such property, that is: (a) subject to the law of Nauru; and (b) not real estate; [3] New part heading – PART 2 After section 2 insert PART 2 – NAURU LANDS COMMITTEE Nauru Lands Committee (Amendment) Act 2012 As certified on 10 October 2012 3 [4] Amendment of section 4 Section 4 omit the last preceding section substitute section 3 [5] Amendment of section 6 5.1 After section 6(1) insert (1A) The Committee has power to determine the distribution of the personal estate of deceased Nauruans. 5.2 Section 6(2) omit the next succeeding section substitute section 7 [6] New section 6A After section 6 insert 6A Publication of decision A decision of the Committee must be published in the Gazette within 21 days after the decision is made. Nauru Lands Committee (Amendment) Act 2012 As certified on 10 October 2012 4 [7] Amendment of section 7 Section 7(1) omit, substitute (1) A person who is dissatisfied with a decision of the Committee may appeal to the Supreme Court against the decision: (a) within 21 days after the decision is published; or (b) with leave of the Court. [8] New part heading – PART 3 After section 7 insert PART 3 – TRANSITIONAL PROVISIONS [9] New sections 9 and 10 After section 8 insert 9 Validation of decisions of Curator A decision of the Curator made before the commencement of the Nauru Lands Committee (Amendment) Act 2012 that purports to determine the distribution of the personal estate of a deceased Nauruan is taken to have been made by the Committee. 10 Application of section 7(1)(b) Section 7(1)(b) applies to any decision made or taken to have been made by the Committee, whether before or after the commencement of the Nauru Lands Committee (Amendment) Act 2012.