Imposition of Restrictions Act, 2020 (Act 1012)

This section states that the Act is meant to allow powers to impose restrictions on persons during an emergency, disaster, or similar situation, to protect public safety and public health.

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Jurisdiction: Ghana
Instrument: Act or statute
Citation: Act 1012
Version: Undated source snapshot
Language: en
Official source: View official record ↗

emergency restrictions executive instruments exemptions fines government restrictions imprisonment offences public health public safety regulatory restrictions summary conviction time limits

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This section states that the Act is meant to allow powers to impose restrictions on persons during an emergency, disaster, or similar situation, to protect public safety and public health. The President may impose specified restrictions by Executive Instrument, if acting on the advice of the relevant person or body. The President may impose a restriction under section 2 only for specified public-interest reasons and only if the restriction is reasonably justifiable under the Constitution. A restriction under section 2 may last no more than three months, but the President may shorten it or extend it by Executive Instrument if the circumstances require. The President may issue an Executive Instrument to exempt certain persons or geographic areas from a restriction under section 2(1) when it is expedient not to impose the restriction.

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Legal text

Provisions of Imposition of Restrictions Act, 2020 (Act 1012)

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1
Object
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AI-assisted research summary: This section states that the Act is meant to allow powers to impose restrictions on persons during an emergency, disaster, or similar situation, to protect public safety and public health.

Section 1—Object The object of this Act is to provide for powers to impose restrictions on persons, to give effect to paragraphs (c), (d) and (e) of clause (4) of article 21 of the Constitution in the event or imminence of an emergency, disaster or similar circumstance to ensure public safety, public health and protection.
2
Imposition of restrictions
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AI-assisted research summary: The President may impose specified restrictions by Executive Instrument, if acting on the advice of the relevant person or body.

Section 2—Imposition of restrictions (1) The President may, acting in accordance with the advice of relevant person or body, by Executive Instrument, impose restrictions specified in paragraphs (c), (d) and (e) of clause (4) of article 21 of the Constitution. (2) An Instrument made under subsection (1) shall include provisions in respect of— (a) the specific restriction to be imposed; (b) the duration of the restriction; (e) the person to whom the restriction applies; (d) the geographic area to which the restriction applies; (e) the facts and circumstances for the provisions in paragraphs (a) to (d); and (f) any other matter incidental to the attainment of the object of this Act. 3
3
Circumstances for imposition of restriction
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AI-assisted research summary: The President may impose a restriction under section 2 only for specified public-interest reasons and only if the restriction is reasonably justifiable under the Constitution.

Section 3—Circumstances for imposition of restriction (1) The President may impose a restriction under subsection (1) of section 2 where the restriction— (a) is reasonably required in the interest of defence, public safety, public health or the running of essential services; (b) is reasonably required on the movement or residence within Ghana of any person or persons generally, or any class of persons; (c) is required to restrict the freedom of entry into Ghana, or movement in Ghana, of a person who is not a citizen of Ghana; or (d) is reasonably required for the purpose of safeguarding the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community. (2) The imposition of the restriction under subsection (1) shall be reasonably justifiable in accordance with the spirit of the Constitution.
4
Duration of restriction
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AI-assisted research summary: A restriction under section 2 may last no more than three months, but the President may shorten it or extend it by Executive Instrument if the circumstances require.

Section 4—Duration of restriction (1) A restriction impose under subsection (1) of section 2 shall be for a period of not more than three months. (2) Despite subsection (1), the President may, by an Exective[sic] Instrument, where the exigencies of the circumstances require (a) shorten the duration of the restriction; or (b) extend the duration of the restriction for not more than one month at a time but in any event for not more than three months. (3) For the purpose of subsection (2), "exigencies of the circumstances" include: (a) an increase or decrease of the intensity of the disaster, emergency or similar circumstance; or (b) a significant change in the nature of the disaster, emergency or similar circumstance.
5
Exemptions
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AI-assisted research summary: The President may issue an Executive Instrument to exempt certain persons or geographic areas from a restriction under section 2(1) when it is expedient not to impose the restriction.

Section 5—Exemption Where the circumstances make it expedient not to impose a restriction on certain persons or geographic areas under subsection (1) of section 2, the President may, by an Executive Instrument under that subsection, provide for an exemption.
6
Offences and penalties
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AI-assisted research summary: Failing to comply with a restriction under the relevant Executive Instrument is an offence and can lead to a summary-conviction penalty.

Section 6—Offences and penalties A person who fails to comply with a restriction imposed under the Executive Instrument issued under subsection (1) of section 2 commits an offence and is liable on summary conviction to a fine of not less than one thousand penalty units and not more than five thousand penalty units or to a term of imprisonment of not less than four years and not more than ten years or to both. 4
7
Interpretation
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AI-assisted research summary: This section defines “disaster” and “essential services” for the Act.

Section 7—Interpretation In this Act, unless the context otherwise requires, "disaster" includes an occurrance by which there is serious disruption of general safety endangering the life and health of many people or large material interests which requrire[sic] co-ordinated action by services of different disciplines and flood, earthquate[sic], drought, rainstorm, war, civil strife or industrial accident; and "essential services" include (a) water supply services; (b) electricity supply services; (e) health and hospital services. (d) waste management services; (e) air traffic and civil aviation control services; (f) meteorological services; (g) fire services; (h) air transport services; (i) supply and distribution of fuels; (j) telecommunications services; and (k) public and private commercial transport services. Date of Gazette Notification: 21st March, 2020.

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Imposition of Restrictions Act, 2020 (Act 1012)

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Provisions of Imposition of Restrictions Act, 2020 (Act 1012)

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