CHAPTER
34
EMERGENCY POWERS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Repugnancy with other enactments. |
Duration, etc., of emergency regulations. |
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CHAPTER 34 |
EMERGENCY POWERS |
An Act to
empower The Governor-General to make Emergency Regulations whenever a
Proclamation of Emergency is in force; to specify the matters which may be
provided for in Emergency Regulations; to provide for the duration of emergency
regulations; and to provide for matters incidental to or connected with the
foregoing. | 8 of 1974 |
[Assent 8th July,
1974]
[Commencement 10th July, 1974] |
1. This Act may be cited as the Emergency Powers Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"the
Constitution" means the Constitution of The Bahamas; |
"emergency
regulations" means regulations made under section 3; |
"enactment"
means an instrument having the force of law other than the Constitution and
this Act; |
"Government"
means the Government of The Bahamas; |
"proclamation
of emergency" means a proclamation under the Constitution that a state of
public emergency exists. |
(2) Unless the
contrary intention appears, references in this Act to a section are references
to a section of this Act, and references in a section to a subsection are
references to a subsection of that section. |
3. (1) Whenever a proclamation of emergency is in force
the Governor-General may make such regulations as appear to him to be necessary
or expedient for securing the public safety, the defence of The Bahamas, the
maintenance of public order and the suppression of mutiny, rebellion and riot
and for maintaining supplies and services essential to the life and well-being
of the community. | Emergency regulations. |
(2) Without
prejudice to the generality of the powers conferred by subsection (1),
emergency regulations may so far as appears to the Governor-General to be
necessary or expedient for any of the purposes mentioned in that subsection- |
(a) make
provision for the detention of persons or the restriction of their movements,
and for the deportation and exclusion from The Bahamas of persons who are not
citizens of The Bahamas; |
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(i) the
taking of possession or control on behalf of the Government of any property or
undertaking; |
(ii) the
acquisition on behalf of the Government of any property other than land; |
(c) authorize
the entering and search of any premises; |
(d) provide for
amending any enactment, for suspending the operation of any enactment, and for
applying any enactment with or without modification; |
(e) provide for
charging, in respect of the grant or issue of any licence, permit, certificate
or other document for the purposes of the regulations, such fee as may be
prescribed by or under the regulations; |
(f) provide
for payment of compensation and remuneration to persons affected by the
regulations; |
(g) provide for
the apprehension, trial and punishment of persons offending against the
regulations: |
Provided that
nothing in this section shall authorize the making of provision for the trial
of persons by military courts. |
(3) Emergency
regulations may empower such authorities or persons as may be specified in the
regulations to make orders and rules for any of the purposes for which such
regulations are authorized by this Act to be made, and may contain such
incidental and supplementary provisions as appear to the Governor-General to be
necessary or expedient for the purposes of the regulations. |
4. Emergency regulations and any orders or rules made in
pursuance of emergency regulations shall have effect notwithstanding anything
inconsistent therewith contained in any enactment; and any provision of an
enactment which may be inconsistent with any emergency regulation or any such
order or rule shall, whether or not that provision has been amended, modified
or suspended in its operation under section 3, to the extent of such
inconsistency have no effect so long as such regulation, order or rule remains in
force. | Repugnancy with other enactments. |
5. (1) All emergency regulations, if not sooner revoked,
shall cease to have effect when the proclamation of emergency in pursuance of
which they have been made ceases to have effect. | Duration, etc., of emergency regulations. |
(2) No emergency
regulations shall have effect- |
(a) during a
period when a proclamation of emergency is in force by virtue of having been
approved by a resolution of each House of Parliament under the Constitution; or |
(b) during a
period when a proclamation of emergency is in force by virtue of having been
extended by a resolution of each House of Parliament under the Constitution, |
unless each
House of Parliament has, by a like resolution in such case, affirmed that those
regulations shall have effect during that period. |
6. Every document purporting to be an instrument made or
issued by the Governor-General or other authority or person in pursuance of
this Act, or of any emergency regulations, and to be signed by or on behalf of
the Governor-General or such other authority or person, shall be received in
evidence, and shall, until the contrary is proved, be deemed to be an
instrument made or issued by the Governor-General or that authority or person. | Proof of documents. |