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Closed Districts Ordinance

LAWS OF TUVALU
REVISED EDITION 1978

CHAPTER 75

CLOSED DISTRICTS

ARRANGEMENT OF SECTIONS

Section
1. Short title
2. Interpretation
3. Power to declare closed district
4. Entry into closed district prohibited
5. Licence to enter closed district
6. Revocation of licence
7. Penalty for entering without a licence
8. Offences by licensees
9. Recovery of expenses from licensee
10. Penalty for offence
11. Power to make regulations

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An Ordinance to provide for the declaration of closed districts

Commencement: 8th December 1936

2 of 1936 (Cap. 27 of 1952)
8 of 1968
8 of 1971
L.N. 16/72
(Cap. 75 of 1973)

Short title

1. This Ordinance may be cited as the Closed Districts Ordinance.

Interpretation

2. In this Ordinance "licence" means a licence granted under the provisions of this Ordinance and "licensee" means a person holding a licence which has not expired and has not been revoked.

Power to declare closed district

3. The Minister may by notice declare any islands, island or part of an island to be a closed district.

Entry into closed district prohibited

4. No person shall enter a closed district except-

(a) natives of the closed district;

(b) government officers or persons acting under the orders of the Minister in the course of their duty;

(c) licensees.

Licence to enter closed district

5. The Minister may grant or renew a licence to enter a closed district and may if he thinks fit prescribe conditions, which shall be endorsed upon the licence, upon which such licence is granted or renewed, and may also as a condition precedent to the grant or renewal of a licence, require the proposed licensee to furnish security either in cash or by bond for the observance of the conditions.

Revocation of licence

6. (1) The Minister may at any time revoke a licence.

(2) Notice of revocation shall be given in writing to the licensee and shall be served personally or by registered post.

(3) Such revocation shall take effect from the date of receipt of such notice by the licensee or from such later date as the Minister may by such notice prescribe.

Penalty for entering without a licence

7. Any person entering or being in a closed district without a licence or remaining in a closed district after the expiry or revocation of his licence shall be guilty of an offence and, in addition to any other penalty, shall be liable to repay any expenses entailed upon the Government by any action taken in connection with such offence.

Offences by licensees

8. If a licensee commits a breach of the conditions endorsed upon his licence or does any act calculated to disturb the peace of a closed district or to cause the natives of that district to be disaffected towards the Government, he shall be guilty of an offence and, in addition to any other penalty, shall be liable to forfeit any security furnished by him.

Recovery of expenses from licensee

9. The Minister may recover from the licensee any expenditure incurred by the Government in rendering him assistance and shall be entitled to recover the amount of such expenditure out of any security furnished by him.

Penalty for licence

10. A person guilty of an offence under this Ordinance shall be liable on summary conviction to pay a fine of $200 and the costs of the prosecution, and in default of payment to imprisonment for 6 months.

Power to make regulations

11. The Minister may make regulations with regard to the following matters and generally for the purpose of carrying this Ordinance into effect-

(a) the officers or classes of officers by whom, and the manner in which, the powers conferred by this Ordinance shall be carried out;

(b) the form and period of validity of licences;

(c) the conditions under which licences shall be granted;

(d) the security to be furnished by licensees;

(e) the fees to be paid in respect of the grant or renewal of a licence.

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SUBSIDIARY LEGISLATION

[Subsidiary]

Regulations under section 11

CLOSED DISTRICTS REGULATIONS

L.N. 8/75

Citation

1. These Regulations may be cited as the Closed Districts Regulations.

Form of licence

2. Every licence granted under section 5 shall be in the form in the Schedule.

Period of validity of licences

3. The Minister, or a public officer to whom the exercise of the powers conferred by section 5 has been delegated, may prescribe the period, which shall be endorsed upon the licence, for which any licence shall be valid either on grant or renewal under that section but every such licence shall expire 2 years after the date on which it was so granted or last renewed, as the case may be.

Conditions of licence

The Minister, or a public officer to whom the exercise of the powers conferred by section 5 has been delegated, may prescribe conditions, which shall be endorsed upon the licence, upon which a licence is granted or renewed under that section.

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SCHEDULE
(Regulation 2)

LICENCE TO ENTER A CLOSED DISTRICT
(Section 5 o f the Closed Districts Ordinance)

1. ........................................................................................... is hereby authorised to enter

(name of licensee)
.............................................................................................................................................

(name or description of closed district)

2. This licence shall expire on ..............................................................................................

(date of expiry)

NOTE: If no date is entered here this licence expires 2 years after the date it was granted or last renewed.

3. This licence is granted on the following conditions-

Minister
(or public officer)

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