Nauru Island Agreement Act 1932

Legislation au C1932A00054 Not in force Act

Legislation content

 

NAURU ISLAND AGREEMENT.

 

No. 54 of 1932.

An Act to approve an Agreement made between His Majesty’s Government in London, His Majesty’s Government of the Commonwealth of Australia, and His Majesty’s Government of the Dominion of New Zealand, in relation to the Island of Nauru.

[Assented to 28th November, 1932.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Nauru Island Agreement Act 1932.

Approval of Agreement.

2. The Agreement made between His Majesty’s Government in London, His Majesty’s Government of the Commonwealth of Australia, and His Majesty’s Government of the Dominion of New Zealand, in relation to the Island of Nauru (a copy of which agreement is set forth in the Schedule to this Act) is approved.

 

THE SCHEDULE.

 

Agreement between His Majesty’s Government in London, His Majesty’s Government of the Commonwealth of Australia and His Majesty’s Government of the Dominion of New Zealand.

Whereas a Mandate for the administration of the Island of Nauru has been conferred upon His Majesty: And Whereas by an Agreement dated the Second day of July 1919 between His Majesty’s Government in London the Government of the Commonwealth of Australia and the Government of the Dominion of New Zealand (hereinafter called the “Contracting Governments”) it is among other things provided that—

“Article 1.

The Administration of the Island shall be vested in an Administrator.

The first Administrator shall be appointed for a term of five years by the Australian Government and thereafter the Administrator shall be appointed in such a manner as the three Governments decide.


The Schedule—continued.

The Administrator shall have power to make ordinances for the peace order and good government of the island subject to the terms of this Agreement and particularly (but so as not to limit the generality of the foregoing provisions of this Article) to provide for the education of children on the island to establish and maintain the necessary police force and to establish and appoint courts and magistrates with civil and criminal jurisdiction”:

And Whereas the Government of the Commonwealth of Australia have appointed Brigadier-General Thomas Griffiths, C.M.G., C.B.E., D.S.O., to be the first Administrator.

And Whereas it is expedient to make further provision for the good government of the Island under the terms of the Mandate and of the Treaty of Peace with Germany subject to the terms of the Agreement aforesaid:

It is Hereby Further Agreed between the three Governments as follows:—

1. All ordinances made by the Administrator shall be subject to confirmation or disallowance in the name of His Majesty, whose pleasure in respect of such confirmation or disallowance shall be signified by one of His Majesty’s Principal Secretaries of State, or by the Governor-General of the Commonwealth of Australia acting on the advice of the Federal Executive Council of the Commonwealth, or by the Governor-General of the Dominion of New Zealand acting on the advice of the Executive Council of the Dominion, according as the Administrator shall have been appointed by His Majesty’s Government in London, or by the Government of the Commonwealth of Australia, or by the Government of the Dominion of New Zealand, as the case may be.

2. The Administrator shall conform to such instructions as he shall from time to time receive from the Contracting Government by which he has been appointed.

3. Copies of all ordinances, proclamations and regulations made by the Administrator shall be forwarded by him to the Contracting Government by which he has been appointed, for confirmation or disallowance, and to the two other Contracting Governments for their information; and the Administrator shall supply through the Contracting Government by which he has been appointed such other information regarding the administration of the Island as either of the other Contracting Governments shall require.

4. All such reports as are required to be rendered to the Council of the League of Nations in virtue of Article 22 of the aforesaid Treaty of Peace or otherwise shall be transmitted by the Administrator through the Contracting Government by which he has been appointed to His Majesty’s Government in London for presentation to the Council on behalf of the British Empire as Mandatory.

Dated this 30th day of May in the year of Our Lord One thousand nine hundred and twenty-three.

Signed by His Grace the Duke of Devonshire for and on behalf of His Majesty’s Government in London, in the presence of:—

DEVONSHIRE.

W. C. HANKINSON.

 

Signed by the Right Honourable Sir Joseph Cook for and on behalf of the Government of the Commonwealth of Australia, in the presence of:—

JOSEPH COOK.

O. C. W. FUHEMAN.

 

Signed by Colonel the Honourable Sir James Allen for and on behalf of the Government of the Dominion of New Zealand, in the presence of:—

JAMES ALLEN.

C. KNOWLES.

 

 

Overview

The Nauru Island Agreement Act 1932 was enacted to provide legislative approval for an Agreement made between His Majesty’s Government in London, the Government of the Commonwealth of Australia, and the Government of the Dominion of New Zealand concerning the administration of the Island of Nauru. This Act was passed to ensure that the administration of Nauru complied with the terms of the Mandate and the Treaty of Peace with Germany. The Agreement, which is detailed in the Schedule to the Act, sets out provisions for the appointment of an Administrator for Nauru, the making of ordinances for the governance of the island, and the reporting requirements to the League of Nations. The policy objective behind the Act is to facilitate the orderly administration of Nauru under the joint governance of the three governments, ensuring that the island's administration is in line with international obligations and agreements.

Scope and Application

The Nauru Island Agreement Act 1932 pertains to the administrative governance of Nauru under the terms of a Mandate conferred upon His Majesty, as well as provisions outlined in a Treaty of Peace with Germany. The Act specifically approves an Agreement dated 2 July 1919, which was made between His Majesty’s Government in London, His Majesty’s Government of the Commonwealth of Australia, and His Majesty’s Government of the Dominion of New Zealand. The Agreement designates the administration of Nauru to an appointed Administrator, with the first Administrator being Brigadier-General Thomas Griffiths. The Act confirms that all ordinances made by the Administrator must be subject to confirmation or disallowance by the respective Contracting Government, with specific provisions for the communication and submission of administrative reports and information. The Act applies to the Island of Nauru and its governance, with its provisions being subject to the overarching Agreement that it seeks to approve.

Key Provisions

The Nauru Island Agreement Act 1932 (C1932A00054) primarily serves to approve an agreement concerning the administration of the island of Nauru, as set out in the Schedule to the Act (s. 2). This Act confirms the tripartite arrangement between His Majesty’s Government in London, the Government of the Commonwealth of Australia, and the Government of the Dominion of New Zealand, wherein the island's administration is vested in an Administrator appointed by one of these governments. The first Administrator, Brigadier-General Thomas Griffiths, was appointed by the Australian Government, with subsequent appointments to be made by the three governments collectively (Schedule, Article 1). The obligations placed on the parties under this Act include the requirement for the Administrator to make ordinances for the peace, order, and good governance of Nauru, subject to confirmation or disallowance by the appointing government (Schedule, Article 1). Additionally, the Administrator must conform to any instructions received from the appointing government and must ensure that copies of all ordinances, proclamations, and regulations are forwarded to the other two governments for their information (Schedule, Articles 2 and 3). The Administrator is also responsible for transmitting necessary reports to the Council of the League of Nations through His Majesty’s Government in London (Schedule, Article 4). The Act does not explicitly outline specific offences, penalties, or consequences for breaches. However, the Schedule suggests that failure to comply with the terms of the Agreement, including the submission of ordinances for confirmation or disallowance, could potentially lead to disallowance of those ordinances by the appointing government. Disallowance would render the ordinances ineffective, and non-compliance with the terms of the Agreement could have diplomatic and administrative repercussions, although these are not detailed within the Act itself.

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Area of Law
International Law
Instrument
Act
Concepts
Definitions & Interpretation
Approval of Agreement
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.