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Nauru Phosphate Agreement Ordinance 1968

TERRITORY OF NAURU

NAURU PHOSPHATE AGREEMENT ORDINANCE 1968
No. 3 of 1968

AN ORDINANCE

Relating to the ownership and control of the Phosphate Industry.

Short title.

1. This Ordinance may be cited as the Nauru Phosphate Agreement Ordinance 1968.

Definition.

2. In this Ordinance-

"the Agreement" means the Agreement a copy of which is set out in the Schedule to this Ordinance

"the Corporation" means the Nauru Phosphate Corporation being the corporation of that name referred to in the Agreement.

Entry into Agreement.

3. The Council shall be deemed to have been empowered to enter into the Agreement.

Carrying out of Agreement.

4.-(1.) In addition to the powers conferred on the Council by the Nauru Local Government Council Ordinance 1951-1967, the Council is empowered to do all things that it is required or authorised to do under the Agreement or that are necessary to be done for the carrying out of the Agreement.

(2.) A power conferred an the Council by the last preceding sub-section shall be exercised in accordance with the provisions of the Nauru Local Government Council Ordinance 1951-1967 as if the power were conferred by that Ordinance.

(3.) It is the duty of the Council to perform the obligations accepted by the Council under the Agreement.

Establishment of Nauru Phosphate Corporation.

5. -(1.) The Council may, by rules made in accordance with the Nauru Local Government Council Ordinance 1951-1967-

(a) establish the Corporation in accordance with the Agreement; and

(b) confer on the Corporation such powers and functions as are necessary for the performance by the Corporation of its powers and functions under the Agreement.

(2.) The Corporation so established-

(a) shall be a body corporate, with perpetual succession;

(b) shall have a common seal;

(c) may acquire, hold and dispose of real and personal property;

(d) may sue and be sued in its corporate name; and

(e) has the other powers and may exercise the functions conferred on it under this Ordinance.

(3.) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Corporation affixed to a document and shall presume that it was duly affixed.

(4.) The power of the Council to confer powers and functions under Corporation includes power, by rules made in accordance with the Nauru Local Government Council Ordinance 1951-1967, to vary or add to the powers and functions of the Corporation.

Validation.

6. The payment by the Council in pursuance of the Agreement of an amount in respect of the purchase price for the capital assets of the phosphate industry at Nauru before the date on which this Ordinance comes into operation shall be deemed to have been lawfully made.

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THE SCHEDULE
(Not included)

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