Page:Cook Islands Constitution Act 1964.pdf/45

Reprinted as at 4 August 1965 established by section 15 of the Cook Islands Amendment Act 1957; and all money in the last-mentioned account immediately before Constitution Day shall on and after Constitution Day be deemed to form part of the Cook Islands Government Account.

87 Secretary of the Premier’s Department

The person holding office immediately before Constitution Day as the Secretary to the Government of the Cook Islands shall, without further appointment, hold the office of Secretary of the Premier’s Department until an appointment has been made under the provisions of subclause (2) of Article 73 hereof, which appointment shall be made within six months after Constitution Day.

88 Power of Governor-General to make regulations

(1) The Governor-General may from time to time, by Order in Council made at the request and with the consent of the Government of the Cook Islands, make regulations, not inconsistent with any provisions of this Constitution, for the peace, order, and good government of the Cook Islands.

(2) Every such request and consent by the Government of the Cook Islands shall be made and given by resolution of the Legislative Assembly or, if the Assembly is not sitting at the time when the request and consent are made and given, by the High Commissioner, acting on the advice of Cabinet.

(3) Regulations made pursuant to this section shall expressly declare that the Government of the Cook Islands has requested and consented to the making thereof.

(4) The maximum penalty which may be prescribed for the breach of any regulation made under the provisions of this Article shall not exceed—
 * (a) In the case of an individual, imprisonment for a term not exceeding one year or a fine not exceeding one hundred pounds and, where the offence is a continuing one, a further fine not exceeding twenty pounds for every day or part of a day during which the offence has continued:
 * (b) In the case of a body corporate, a fine not exceeding five hundred pounds and, where the offence is a continuing one, a further fine not exceeding twenty pounds for every day or part of a day during which the offence has continued.

(5) Regulations made under the provisions of this Article may be made applicable either to all of the islands of the Cook Islands or to one or more thereof exclusively.

Schedule Article 88(2): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

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