Statutory Rules
1973 No. 242
REGULATIONS UNDER THE PAPUA NEW GUINEA ACT 1949-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Papua New Guinea Act 1949-1973.
Dated this twenty-seventh day of November, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
W. L. MORRISON
Minister of State for External Territories.
PAPUA NEW GUINEA (CHIEF MINISTER) REGULATIONS
Citation.
1. These Regulations may be cited as the Papua New Guinea (Chief Minister) Regulations.
Commencement.
2. These Regulations shall come into operation on 1 December 1973.
Repeal.
3. The Papua New Guinea (Deputy Chairman of the Administrator’s Executive Council) Regulations, being Statutory Rules 1972, No. 49, are repealed.
Convening meeting of Ministers.
4. (1) As soon as reasonably practicable after—
(a) the appointment of Ministers of the House of Assembly following a general election; or
(b) the office of Chief Minister becomes vacant,
the High Commissioner shall convene a meeting of those Ministers for the purpose of appointing one of their number to be the Chief Minister.
(2) Where a meeting of the Ministers of the House of Assembly has been duly convened for the purpose of appointing one of their number to be the Chief Minister but a quorum is not present at any time within half an hour after the time fixed for holding the meeting or where—
(a) the Ministers of the House of Assembly present at a meeting duly convened for the purpose of appointing a Minister of the House of Assembly to be the Chief Minister fail to appoint such a Minister to be the Chief Minister; and
(b) the meeting is not adjourned to another day,
the High Commissioner shall, as soon as reasonably practicable, convene a further meeting of the Ministers of the House of Assembly for the purpose of appointing one of their number to be the Chief Minister.
* Notified in the Australian Government Gazette on 27 November 1973.
(3) A meeting of Ministers of the House of Assembly for the purpose of appointing one of their number to be the Chief Minister shall be convened by giving notice of the time, date and place fixed for holding the meeting and of the purpose of the meeting to each Minister of the House of Assembly—
(a) if the meeting is held on a day on which the House of Assembly is sitting—not less than twenty-four hours before the time fixed for holding the meeting; or
(b) in any other case—not less than seven days before the day fixed for holding the meeting.
(4) A meeting of Ministers of the House of Assembly may be convened and held for the purpose of appointing one of their number to be the Chief Minister, and the persons holding office as Ministers of the House of Assembly may appoint one of their number to be the Chief Minister, notwithstanding a vacancy in the office of a Minister of the House of Assembly or vacancies in the offices of Ministers of the House of Assembly.
(5) Sub-regulation (1) does not apply to a vacancy in the office of Chief Minister caused by the termination of the appointment of the Chief Minister as a Minister of the House of Assembly when the House of Assembly first meets after a general election.
Quorum.
5. A quorum at a meeting of Ministers of the House of Assembly convened for the purpose of electing one of their number to be the Chief Minister is not less than seventy-five per centum of the number for the time being of Ministers of the House of Assembly.
Procedure at meeting.
6. (1) In this regulation, “ meeting ” means a meeting of Ministers of the House of Assembly duly held for the purpose of appointing one of their number to be the Chief Minister.
(2) Where a meeting is held, the Ministers of the House of Assembly present shall first elect one of their number to be the Chairman of the meeting.
(3) The Chairman of the meeting has a deliberative vote but does not have a casting vote.
(4) A meeting may, by decision of the Ministers of the House of Assembly present, be adjourned from time to time to a time and date specified in the decision.
(5) Where a meeting is adjourned—
(a) the adjourned meeting shall, unless another place at which the adjourned meeting is to be held is specified in the decision of the Ministers of the House of Assembly, be held at the same place as the original meeting; and
(b) notice of the time, date and place fixed for holding the adjourned meeting shall, except as provided in sub-regulation (6), be given, as soon as practicable after the meeting is adjourned, to each Minister of the House of Assembly who is not present at the meeting when the decision to adjourn the meeting is taken.
(6) It is not necessary for notice of the time, date and place fixed for holding an adjourned meeting to be given to a Minister of the House of Assembly if it would not be practicable for the Minister to attend the adjourned meeting.
(7) It is not necessary for all the Ministers of the House of Assembly or all the Ministers of the House of Assembly present at a meeting, to concur in a decision by those Ministers at the meeting but a decision by the Ministers of the House of Assembly present at a meeting has no force or effect—
(a) if it is a decision appointing a Minister of the House of Assembly to be the Chief Minister—unless a majority of the Ministers of the House of Assembly concur in the decision; or
(b) in the case of any other decision—unless a majority of the Ministers of the House of Assembly present and voting concur in the decision.
Removal from office of Chief Minister.
7. The House of Assembly shall not resolve that the Chief Minister should cease to hold office as Chief Minister unless—
(a) the motion is moved by a Minister of the House of Assembly; and
(b) not less than fifty per centum of the number for the time being of Ministers of the House of Assembly vote in favour of the proposed resolution.