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Kiribati > General provisions

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Country: Kiribati - Subject: General provisions

  1. Kiribati - General provisions - Law, Act

    Juvenile Justice Act 2015 (No. of 2015). - Legislation on-line

    Adoption: 2015-12-24 | KIR-2015-L-102531

    The intent of the Act is to set up a juvenile justice system that - (i) prevent crime by addressing the circumstances underlying a juvenile's offending behaviour, (ii) rehabilitate juveniles who commit offences and reintegrate them into society, and (iii) ensure that a juvenile is subject to meaningful consequences for his or her offence in order to promote the long term protection of the public.

    Repeals Section 26 of the Magistrates' Courts Ordinance, Cap 52.

  2. Kiribati - General provisions - Law, Act

    Te Rau N Te Mwenga Act 2014 (No. 1 of 2014). (Family Peace Act) - Legislation on-line

    Adoption: 2014-12-10 | KIR-2014-L-102529

    The Act provides for the protection of victims of domestic violence and the prevention and elimination of domestic violence.

  3. Kiribati - General provisions - Law, Act

    Constitution (Amendment) Act 2013 (No. 8 of 2013). - Legislation on-line

    Adoption: 2013-09-13 | KIR-2013-L-98635

    In 1995, the Constitution was amended for the first time since it was adopted in 1979 upon achieving Independence. And the amendments made was, among other things, in respect of section 40 to increase the number of the members of Cabinet from eleven to thirteen. That was achieved by increasing the number of Ministers from eight to ten, the Beretitenti, Te Kauoman ni Beretitenti and the Attorney General makes up the total of thirteen.

    The new amendment at section 2 of the Act is to further amend section 40 to increase that number by one, totalling fourteen in all the number of members of the Cabinet.


    Section 3 of the Act amends section 76 of the Constitution by repealing subsection (2) which confers onto the members of the Maneaba immunity from civil and criminal proceedings for words spoken before, or written in a report to, the Maneaba or a committee of the Maneaba, or by reason of any matter or thing brought by them in the Maneaba or in a committee of the Maneaba. This privilege has been consistently abused by the members themselves, mostly at the meetings of the Maneaba, by making derogatory, abusive, inaccurate, unsubstantiated, scandalous and defamatory remarks not only against their fellow members but to certain members of the public, who cannot by law, take part in the proceedings of the Maneaba. The amendment will act as a reminder to the members of their role as leaders to be responsible for their actions arising of the words spoken or used in the Maneaba or in a committee of the Maneaba and the effect that may have on those that elect them into office.

  4. Kiribati - General provisions - Law, Act

    Privileges, Immunities and Powers of the Maneaba ni Maungatabu (Amendment) Act 2013 (No. 9 of 2013). - Legislation on-line

    Adoption: 2013-09-13 | KIR-2013-L-98638

  5. Kiribati - General provisions - Law, Act

    Government Liability Act 2010 (Act No. 9 of 2010). - Legislation on-line

    Adoption: 2010 | KIR-2010-L-89305

    The Act sets out to limit the Government's liability in tort. It is in effect modifying the well known common law principle of "vicarious liability" where the employer is liable for the actions of his employee arising out and in the course of employment. The main purpose of introducing this Act is to protect the public property from being used up by few individuals. It is accepted that numerous successful suits against the Government will cause substantial strain on the Government funds and properties and will no doubt have dire consequences on the operation of the Government and the public at large resulting in the enormous loss of public funds and properties.

  6. Kiribati - General provisions - Law, Act

    Elections (Amendment) Act 2009 (No. 7 of 2009). - Legislation on-line

    Adoption: 2009-12-07 | KIR-2009-L-89298

    The purpose of this short amendment is to stop the abuse of custom before or during the election. Experience has shown that elections have become more and more expensive with voters taking advantage of the election period to get free kava or alcohol or even other favours from candidates.

  7. Kiribati - General provisions - Law, Act

    Police Service Act 2008 (No. 15 of 2008). - Legislation on-line

    Adoption: 2008-12-23 | KIR-2008-L-102533

  8. Kiribati - General provisions - Law, Act

    Criminal Procedure (Amendment) Act 2005 (No. 13 of 2005). - Act on-line

    Adoption: 2005-12-29 | KIR-2005-L-80035

    The amendment to section 15 of the Criminal Procedure Code seeks to empower police officers for the purpose of preventing or detecting commission of offence to enter without warrant and board any vessel and may search and may break open any receptacle, and upon discovery of the person suspected to have committed an offence, or is involved in the commission of the offence or upon discovery of a victim of the offence committed or likely to be committed may take possession of that person involved in the commission of the offence, or a victim of the offence, and may also detain the person who has committed or likely to commit an offence against the victim, or in whose care or custody the victim of the offence being committed or likely to be committed is found. The police officer needs to consult his or her immediate senior officer before exercising the power under this section.

  9. Kiribati - General provisions - Law, Act

    Evidence Act, 2003 (No. 5 of 2003). - Act on-line

    Adoption: 2003-12-19 | KIR-2003-L-84054

    There is a need for an up to date Evidence Act for Kiribati, because the present evidence law is stuck with the pre 1961 U K law. There has been significant progress in legal thinking about admissible evidence; there have been remarkable advances in copying, computer and telecommunications technology; new attitudes have developed about the reliability of the word of young people and women; new social circumstances have produced different kinds of anti-social behaviour. All of these changes since 1961 require new kinds of rules for the admission of evidence in Courts. The U K has modernised its statutory evidence law, but these changes do not affect Kiribati law because the date of receipt of U K law here is 1961.

  10. Kiribati - General provisions - Law, Act

    Mutual Assistance in Criminal Matters Act, 2003 (No. 6 of 2003). - Act on-line

    Adoption: 2003-12-19 | KIR-2003-L-84055

    The Mutual Assistance in Criminal Matters Act 2003 implements, for Kiribati, part of an agreement made between the law officers of the Pacific Islands nations at Honiara in 1992. Its objects, as set out in clause 3, include:
    - regulating the provision of assistance between Kiribati and foreign countries in connection with taking evidence, issuing search warrants, and making and enforcing orders under a foreign law relating to the forfeiture of proceeds of crime;
    - making arrangements for persons to travel from or to Kiribati to give evidence in a criminal proceeding, or to assist in a criminal investigation.

  11. Kiribati - General provisions - Law, Act

    Proceeds of Crime Act, 2003 (No. 8 of 2003). - Act on-line

    Adoption: 2003-12-19 | KIR-2003-L-84060

    The Proceeds of Crime Act 2003 implements, for Kiribati, part of an agreement made between the law officers of the Pacific Islands nations at Honiara in 1992. Its objects, as set out in clause 2, include: making provision to deprive criminals of the proceeds of crime; making various ancillary provisions to provide for tracing the proceeds of crime; and creating the offence of money-laundering.

  12. Kiribati - General provisions - Law, Act

    Extradition Act, 2003 (No. 7 of 2003). - Act on-line

    Adoption: 2003-12-19 | KIR-2003-L-84061

    This Act is based on a Model Extradition Law developed to assist in providing a uniform approach to extradition among Pacific Island countries. The principles on which the Model Law was based were endorsed at the 1995 Pre-Forum Officials Committee meeting, and the Model Law was tabled at the 1999 Pacific Island Law Officers Meeting in Madang. Kiribati was present at both meetings.

    This Act has a number of purposes:
    (a) to modernise the extradition law of Kiribati in line with developments in global extradition practice;
    (b) to reflect developments in the Commonwealth London Scheme for the Rendition of Fugitive Offenders and the United Nations General Assembly adoption of the United Nations Model treaty on Extradition;
    (c) to facilitate the surrender by Kiribati of persons wanted in another country to stand trial for, or serve a sentence imposed for, an offence committed in that country;
    (d) to facilitate the making of requests to other countries for the surrender of persons wanted in Kiribati to stand trial for, or serve a sentence imposed for, an offence committed in Kiribati.

  13. Kiribati - General provisions - Law, Act

    Small Enterprise Development Act, 2001 (No. 2 of 2001). - Act on-line

    Adoption: 2001-06-26 | KIR-2001-L-84066

    Small enterprises are defined (Part 1 Section 3.1) as any person, natural or corporate or body of association of persons engaged or proposing to be engaged in carrying on a business with whose total assets, inclusive of those arising from loans but exclusive of land on which the particular business entity's office, plant and equipment are situated, must have a value of not more than $500,000.

  14. Kiribati - General provisions - Law, Act

    Penal Code (Amendment) Act, 2001 (No. 15 of 2001). - Act on-line

    Adoption: 2001 | KIR-2001-L-84063

    This short Act seeks to amend the Penal Code with a view to empower the Court to admit as evidence in court any document whether it is an original or a copy of the original as the case may be in a criminal prosecution of a person who has been charged with larceny or theft of document specified under section 256.
    It is also proposed that a person possessing a copy of a document under this section once amended will give rise to an inference that such person has stolen the document unless he displaces the inference by adducing contrary evidence.
    Under this section 256 of the Penal Code, it would seem that no offence of theft of a document is committed if the offender steals only a copy of such document in question. However, the advance in modern photocopying technology does not appear to support such distinction between an original document or a copy of the document as a photocopied document in most if not all cases looks just as good as an original document.
    Furthermore whether the offender steals an original document or a copy of such document, such theft of the document is still a theft of the same document. It might be the case also that such copy is the only copy available.
    Hence the deletion of the word "original" as appears throughout section 256 of the Penal Code (Section 2 of the Act).

  15. Kiribati - General provisions - Law, Act

    Penal Code (Amendment) Act, 1999 (No. 11 of 1999). - Act on-line

    Adoption: 1999-03-21 | KIR-1999-L-84068

    This section deals with the basic crime of causing property damage which now carries a penalty of 2 years and unlimited fine which shall not be excessive. It will be seen therefore that the proposed change however seeks to increase the penalty to a fine of $5000 or to imprisonment for 5 years or both in section 319(1).
    New section 319(2) creates a new offence of damaging property of which property damage is likely to put at risk the safety of any person. This will cover in clear and simple terms the situation of offenders who destroy property of value and importance to the community, which is for the public good, like street signs and navigation lights. The penalty here will be a maximum of $20,000 and 20 years in prison or both.
    New section 319(3) concerns damage to special property like public registries, title deeds and wills. This repeats the old section 319(4) and (7) but increases the penalty from 14 years to $25,000 or imprisonment for 20 years or both.
    Section 319(4) is the most serious level of property damage, where the damage has the consequence of endangering life. In this case the maximum penalty is $30,000 or 25 years prison or both.
    Clause 319(5) deals with attempts to destroy or damage property and as such the penalties provided under this subclause are less severe than those provided in section 319(1), (2), (3) and (4).

  16. Kiribati - General provisions - Law, Act

    Environment Act, 1999 (No. 9 of 1999). - Act on-line

    Adoption: 1999 | KIR-1999-L-84067

    Provides for the protection, improvement and conservation of the environment.

  17. Kiribati - General provisions - Law, Act

    Constitution (Amendment) Act, 1995 (No. 1 of 1995). - Act online

    Adoption: 1995-02-13 | KIR-1995-L-70694

  18. Kiribati - General provisions - Law, Act

    Privileges, Immunities and Powers of the Maneaba ni Maungatabu Act 1986 (No. 15 of 1986). - Legislation on-line

    Adoption: 1986-01-21 | KIR-1986-L-98637

  19. Kiribati - General provisions - Constitution

    Constitution of Kiribati. - Constitution on-line

    Adoption: 1979-07-12 | KIR-1979-C-5305

    The Kiribati Independence Order 1979 of the United Kingdom made provision for the Constitution of Kiribati to come into effect on 12 July 1979. The Constitution contains provisions on the structure of the Government, citizenship and fundamental rights and freedoms of the individual (Ch. II). Replaces the Constitution set out in Schedule 2 to the Gilbert Islands Order 1975 of the United Kimgdom (S.I. 1975, Part III, p. 8487), as amended.

  20. Kiribati - General provisions - Law, Act

    Kiribati Act 1979 (Chapter 27).

    Adoption: 1979-06-19 | KIR-1979-L-44625

    Grants independence to Kiribati, formerly Gilbert Islands. All existing laws shall remain operational.

  21. Kiribati - General provisions - Law, Act

    Criminal Procedure Code (Cap. 17) revised edition 1977. - Act on-line

    Adoption: 1977 | KIR-1977-L-70699

  22. Kiribati - General provisions - Law, Act

    Election Ordinance 1977 (No. 12 of 1977). - Legislation on-line

    Adoption: 1977 | KIR-1977-L-89300

    Implement Part 1 of Chapter 7 of the Constitution. Sets out the procedures for conducting elections in Kiribati.

  23. Kiribati - General provisions - Law, Act

    Penal Code [Cap. 67]. - Act on-line (as amended up to 1977)

    Adoption: 1965 | Date of entry into force: 1965-10-18 | KIR-1965-L-70701


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