PAPUA NEW GUINEA ACT 1949
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 227 #DATE 19:12:1973)
PAPUA NEW GUINEA ACT 1949-1973 - TABLE OF PROVISIONS
TABLE
PAPUA NEW GUINEA ACT 1949-1973
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3, 4. (Repealed)
5. Interpretation
5A. Position of certain meridians
PART II-THE TRUSTEESHIP AGREEMENT FOR THE TERRITORY OF
NEW
GUINEA
6. Approval of placing of New Guinea under International Trusteeship
System
7. Report to the General Assembly of the United Nations
PART III-ADMINISTRATIVE UNION OF THE TERRITORY OF PAPUA
AND
THE TERRITORY OF NEW GUINEA
8. Declaration respecting the Territory of Papua and the Territory
of
New Guinea
9. Administrative union of the two Territories
9A. Powers of the Government
10. Name of Territories governed in administrative union
11. Amount to be expended in respect of the Territory of New Guinea
12. References in other laws
12A. (Repealed)
PART IV-THE EXECUTIVE
Division 1-The High Commissioner
13. Office of the High Commissioner
14. Appointment of High Commissioner
15. Functions of High Commissioner
15A. Officers' Rights
16. Acting High Commissioner
17. Deputies of High Commissioner
18. Oath or affirmation to be taken by High Commissioner, &c.
Division 2-The Executive Council
19. Executive Council
20. Constitution of Council
21. Resignation
22. Proceedings of Council
23. Oath of members of Council
Division 3-Ministers of the House of Assembly
24. Ministers of the House of Assembly
25. Functions of holder of ministerial office
25A. Functions in relation to reserved matters
26. Appointment and removal of Ministers
27. (Repealed)
28. Tenure of office of Ministers
28A. Allotment of certain portfolios
29. Oath of office
29A. (Repealed)
Division 4-The Public Service
30. The Public Service
30A, 31. (Repealed)
PART V-LEGISLATION
Division 1-Laws
32. Continuance of laws
33. Application of Commonwealth Acts and Imperial Acts
34. Enactments may amend or repeal existing laws
Division 2-House of Assembly
35. House of Assembly
36. Composition of House of Assembly
36A. Appointment of nominated members
37. Disqualification for membership of, or voting in, the House of
Assembly
38. Vacancies
38A. (Repealed)
39. Determination of questions respecting qualifications or vacancies
40. General elections
41. Sessions and prorogations of House of Assembly
42. Quorum
43. (Repealed)
44. Election of Speaker
45. Absence of Speaker
46. Voting
47. Minutes of proceedings
47A. (Repealed)
48. Powers, privileges and immunities of House of Assembly
49. Rules and orders
49A. Priority of business of Administration
50. Proposal of money votes
51. Validation of acts of House of Assembly
52. Legislative power of House of Assembly
53. Proposed laws to be assented to
54. Presentation of proposed laws to High Commissioner
55. Certain laws to be reserved
56. Signification of pleasure on proposed law reserved
57. (Repealed)
57A. Proposed laws to be laid before the Parliament
Division 3 of Part V of the Papua and New Guinea Act 1949-1950 (sections 54
to 57) (Repealed)
PART VI-THE JUDICIAL SYSTEM
58. Constitution of Supreme Court
59. Appointment of Chief Justice and other judges
60. Acting Judges
61. Qualifications of judges
62. Proposed laws relating to jurisdiction, practice and procedure of
the Supreme Court
62A. Rules of Court
63. Establishment of other judicial tribunals
64. Appeals to High Court
PART VII-WELFARE AND DEVELOPMENT
65. Welfare and development projects
PART VIII-THE AUSTRALIAN SCHOOL OF PACIFIC ADMINISTRATION
66. Establishment and function of the School
67. Council of the School
68. Principal and staff
69. Regulations
70. Duration of Part
PART IX-MISCELLANEOUS
71. Prohibition of slave trade and forced labour
72. (Repealed)
73. Grant of pardon, remission, &c.
74. (Repealed)
75. Public Funds
75A. Guarantee by Commonwealth in respect of public loans
76. (Repealed)
77. Inquiries, &c., for purposes of enactments
78. Regulations
THE SCHEDULES
FIRST SCHEDULE
(Repealed)
SECOND SCHEDULE
The Territory of New Guinea
THIRD SCHEDULE
The Territory of Papua
FOURTH SCHEDULE
Trusteeship Agreement for the Mandated Territory of New Guinea as approved by
the General Assembly of the United Nations on 13th December, 1946
FIFTH TO NINTH SCHEDULES
Oaths and Affirmations
PAPUA NEW GUINEA ACT 1949-1973 - PREAMBLE
SECT
PAPUA NEW GUINEA ACT 1949-1973
See also the Papua New Guinea Act (No. 2) 1973 following
An Act to approve the placing of the Territory of New Guinea under the
International Trusteeship System, to provide for the Government of the
Territory of Papua and the Territory of New Guinea, and for other purposes.
Preamble.
Amended by No. 120, 1973, s. 34.
WHEREAS in accordance with the Covenant of the League of Nations a Mandate,
in the terms of an instrument made on 17th December, 1920 was conferred upon
His Britannic Majesty for and on behalf of Australia under which Australia was
empowered to administer certain territories and islands, being former German
possessions, situated in the South Pacific Ocean:
AND WHEREAS those territories and islands have, in accordance with that
Mandate, been administered by Australia as a Territory under the authority of
the Commonwealth, by the name of the Territory of New Guinea, and in
accordance with the New Guinea Act 1920-1935:
AND WHEREAS the Territory of Papua has been administered by Australia in
accordance with the Papua Act 1905-1940 as a Territory placed by His Majesty
the King under the authority of the Commonwealth:
AND WHEREAS, since 12th February, 1942 the provisions for the administration
of the Territory of Papua and the Territory of New Guinea have been
temporarily affected by regulations under the National Security Act 1939-1946
and the Defence (Transitional Provisions) Act 1946-1948 and by the Papua-New
Guinea Provisional Administration Act 1945-1946:
AND WHEREAS, before the commencement of this Act, the Territory of Papua and
the Territory of New Guinea were, for the time being, administered jointly in
accordance with the Papua-New Guinea Provisional Administration Act
1945-1946:
AND WHEREAS the League of Nations ceased to exist (except for the purpose of
certain measures of liquidation) from 19th April, 1946:
AND WHEREAS Australia is a member of the United Nations and the Charter of
the United Nations was approved by the Charter of the United Nations Act
1945:
AND WHEREAS Chapter XI of the Charter of the United Nations is applicable to
Australia's administration of the Territory of Papua:
AND WHEREAS, in accordance with the provisions of Chapter XII of the Charter
of the United Nations, the General Assembly of the United Nations, on 13th
December, 1946, approved the terms of a Trusteeship Agreement for the
Territory of New Guinea, submitted to it by the Government of Australia for
approval, in substitution for the terms of the Mandate, which agreement
designates the Government of Australia as the sole authority to exercise the
administration of the Territory of New Guinea:
AND WHEREAS Australia has undertaken to administer the Territory of New
Guinea in accordance with the terms of the Trusteeship Agreement:
AND WHEREAS it is desirable that the Parliament should approve the placing
of the Territory of New Guinea under the International Trusteeship System by
means of, and upon the terms of trusteeship embodied in, the Trusteeship
Agreement and should provide for the government of that Territory in
accordance with the terms of the Trusteeship Agreement:
AND WHEREAS the Trusteeship Agreement recognizes that Australia has the same
powers of legislation, administration and jurisdiction in and over the
Territory of New Guinea as it would have if that Territory were an integral
part of Australia, including power to bring that Territory into an
administrative union with other dependent territories under its jurisdiction
or control, if, in its opinion, it would be in the interests of that Territory
and not inconsistent with the basic objectives of the trusteeship system to do
so:
AND WHEREAS the Government of Australia is of opinion that it would be in
the interests of the Territory of New Guinea, and not inconsistent with the
basic objectives of the International Trusteeship System, to provide for the
government of the Territory of Papua and the Territory of New Guinea in an
administrative union, whilst maintaining the identity and status of the
Territory of New Guinea as a Trust Territory and the identity and status of
the Territory of Papua as a Possession of the Crown:
BE it therefore enacted by the King's Most Excellent Majesty, the Senate, and
the House of Representatives of the Commonwealth of Australia, as follows:-
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 1.
Short title.
SECT
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Papua New Guinea Act 1949-1973.*
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall, except to the extent to which a contrary intention
appears, come into operation on a date to be fixed by Proclamation (which date
shall, for the purposes of any provision of this Act referring to the
commencement of this Act, be deemed to be the date of commencement of this
Act).*
Section 3 repealed by No. 47, 1960, s. 3; section 4 repealed by No. 120, 1973,
s. 3.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 5.
Interpretation.
SECT
Sub-section (1) amended by No. 41, 1954, s. 4; No. 47, 1960, s. 5; No. 27,
1963, s. 4; No. 84, 1966, s. 3; No. 25, 1968, s. 4; No. 157, 1968, s. 3; No.
123, 1971, ss. 4 and 25; No. 69, 1973, s. 4; and No. 120, 1973, ss. 4 and 34.
5. (1) In this Act, unless the contrary intention appears-
''a Full Court'' means a Full Court of the Supreme Court;
''Acting High Commissioner'' means a person appointed under section 16 to
exercise and perform powers and functions of the High Commissioner;
''elector'' or ''elector of Papua New Guinea'' means a person qualified and
enrolled as an elector of Papua New Guinea as provided by enactment;
''enactment'' means-
(a) a law (however described or entitled) made by the House of Assembly
and assented to under section 54 or 56; or
(b) an Ordinance made under, or continued in force by, the Papua and New
Guinea Act 1949 or that Act as amended;
''general election'' means a general election of the elected members of the
House of Assembly;
''indigenous inhabitant of Papua New Guinea'' includes a person who follows,
adheres to or adopts the customs, or lives after the manner, of any of the
indigenous inhabitants of Papua New Guinea;
''judge'' means a judge of the Supreme Court and includes the Chief Justice
and an acting judge;
''ministerial office'' means an office of Minister of the House of
Assembly;
''officer'' or ''officer of Papua New Guinea'' means a person appointed to,
or employed in, the Public Service;
''the Council'' means the Executive Council of Papua New Guinea;
''the Government'' means The Government of Papua New Guinea;
''the Government Gazette'' means the Papua New Guinea Government Gazette;
''the High Commissioner'' means the High Commissioner of Papua New Guinea
appointed under this Act;
''the House of Assembly'' means the House of Assembly for Papua New Guinea;
''the Public Service'' means the Public Service of Papua New Guinea;
''the Speaker'' means the Speaker of the House of Assembly;
''the Supreme Court'' means the Supreme Court of Papua New Guinea referred
to in section 58;
''the Territory of New Guinea'' means the Territory of New Guinea as
described in the Second Schedule;
''the Territory of Papua'' means the Territory of Papua as described in the
Third Schedule;
''the Trusteeship Agreement'' means the Trusteeship Agreement for the
Territory of New Guinea approved by the General Assembly of the United Nations
on 13th December, 1946 (a copy of which Agreement is set out in the Fourth
Schedule).
Inserted by No. 120, 1973, s. 4; amended by No. 216, 1973, s. 3.
(1A) A reference in this Act to a reserved matter shall be read as a
reference to-
(a) defence;
(b) foreign relations; or
(c) a matter specified by Proclamation made in accordance with section 43
of the Papua New Guinea Act (No. 2) 1973.
Inserted by No. 120, 1973, s. 4.
(1B) A reference in this Act to the High Commissioner, in relation to
matters concerning powers and functions of the High Commissioner that may be
exercised and performed by a person in accordance with section 16, includes a
reference to that person.
Inserted by No. 27, 1963, s. 4; amended by No. 25, 1968, s. 4.
(2) A reference in this Act to the polling day fixed for the purposes of a
general election shall, where more than one polling day is so fixed, be read
as a reference to the later or latest polling day so fixed.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 5A.
Position of certain meridians.
SECT
Inserted by No. 69, 1973, s. 5.
5A. (1) For the purposes of the description of the Territory of New Guinea
in the Second Schedule to this Act and of the description of the Territory of
Papua in the Third Schedule to this Act, the meridian of Longitude 141#East
shall, in accordance with paragraph (a) of Article 1 of the Boundary
Agreement, be deemed to lie along the geodesic lines successively linking the
meridian markers situated at or about the following points, namely:-
(a) the point of Latitude 2# 35' 39'' South, Longitude 141# East;
(b) the point of Latitude 2# 40' 42'' South, Longitude 141# East;
(c) the point of Latitude 3# 01' 27'' South, Longitude 141# East;
(d) the point of Latitude 3# 14' 02'' South, Longitude 141# East;
(e) the point of Latitude 3# 55' 22'' South, Longitude 141# East;
(f) the point of Latitude 4# 08' 41'' South, Longitude 141# East;
(g) the point of Latitude 4# 54' 54'' South, Longitude 141# East;
(h) the point of Latitude 5# 38' 33'' South, Longitude 141# East;
(i) the point of Latitude 5# 52' 39'' South, Longitude 141# East;
(j) the point of Latitude 6# 19' 32'' South, Longitude 141# East.
(2) For the purposes of the description of the Territory of Papua in the
Third Schedule to this Act, the meridian of Longitude 141# 01' 10'' East
shall, in accordance with paragraph (c) of Article 1 of the Boundary
Agreement, be deemed to lie along the geodesic lines successively linking the
meridian markers situated at or about the following points, namely:-
(a) the point of Latitude 6# 53' 27'' South, Longitude 141# 01' 10'' East;
(b) the point of Latitude 7# 49' 19'' South, Longitude 141# 01' 10'' East;
(c) the point of Latitude 8# 25' 45'' South, Longitude 141# 01' 10'' East;
(d) the point of Latitude 9# 07' 37'' South, Longitude 141# 01' 10'' East.
(3) In this section-
''Boundary Agreement'' means the Agreement between Australia and Indonesia
concerning certain boundaries between Papua New Guinea and Indonesia signed at
Jakarta on 12th February, 1973;
''meridian marker'' means a marker established on the ground by the
Australian and Indonesian Survey Authorities in the course of the survey of
the border between Papua New Guinea and Indonesia carried out by those
Authorities during the years 1966 and 1967.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 6.
Approval of placing of New Guinea under International Trusteeship System.
SECT
PART II-THE TRUSTEESHIP AGREEMENT FOR THE TERRITORY OF NEW GUINEA
6. Approval is given to the placing of the Territory of New Guinea under the
International Trusteeship System by means of, and upon the terms of
trusteeship embodied in, the Trusteeship Agreement.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 7.
Report to the General Assembly of the United Nations.
SECT
7. The Minister shall make to the General Assembly of the United Nations the
annual report required by the Charter of the United Nations on the political,
economic, social and educational advancement of the inhabitants of the
Territory of New Guinea.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 8.
Declaration respecting the Territory of Papua and the Territory of New Guinea.
SECT
PART III-ADMINISTRATIVE UNION OF THE TERRITORY OF PAPUA AND THE
TERRITORY OF NEW GUINEA
8. It is hereby declared to be the intention of the Parliament that the
Territory of Papua and the Territory of New Guinea shall continue to be
Territories under the authority of the Commonwealth and the identity and
status of the Territory of Papua as a Possession of the Crown and the identity
and status of the Territory of New Guinea as a Trust Territory shall continue
to be maintained.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 9.
Administrative union of the two Territories.
SECT
9. The Territory of Papua and the Territory of New Guinea shall be governed
in an administrative union to the extent and in the manner provided by or in
pursuance of this Act.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 9A.
Powers of the Government.
SECT
Inserted by No. 120, 1973, s. 5.
9A. (1) The Government of Papua New Guinea is a body politic with perpetual
succession by the name ''The Government of Papua New Guinea''.
(2) Subject to this Act, The Government of Papua New Guinea is capable by
that name of-
(a) suing and being sued;
(b) making contracts;
(c) acquiring, holding and disposing of real and personal property; and
(d) doing and suffering all other matters and things a body corporate may
do or suffer.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 10.
Name of Territories governed in administrative union.
SECT
Substituted by No. 123, 1971, s. 5.
10. (1) For the purposes of this Act, the Territory of Papua and the
Territory of New Guinea are together called Papua New Guinea.
Amended by No. 216, 1973, s. 3.
(2) In-
(a) any other law of the Commonwealth;
(b) any law of a Territory; or
(c) any instrument under a law referred to in either of the last two
preceding paragraphs,
whether passed or made before or after the commencement of this section, a
reference to Papua New Guinea or to the Territory of Papua and New Guinea
shall be read as a reference to the Territory of Papua and the Territory of
New Guinea as administered under this Act.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 11.
Amount to be expended in respect of the Territory of New Guinea.
SECT
11. There shall be expended in each year, upon the administration, welfare
and development of the Territory of New Guinea, an amount which is not less
than the total amount of public revenue raised in that year in respect of the
Territory of New Guinea.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 12.
References in other laws.
SECT
Substituted by No. 123, 1971, s. 6. Sub-section (1) amended by No. 216, 1973,
s. 3.
12. (1) In-
(a) any law of the Commonwealth;
(b) any law of a Territory; or
(c) any instrument under a law referred to in either of the last two
preceding paragraphs,
whether passed or made before or after the commencement of this section, a
reference to a Territory, a Territory of the Commonwealth, a Territory under
the control of the Commonwealth or a Territory under the authority of the
Commonwealth shall, unless the contrary intention appears, be deemed to
include a reference to the Territory of Papua, to the Territory of New Guinea
and to the Territory of Papua and the Territory of New Guinea as administered
under this Act.
Amended by No. 120, 1973, s. 6; and No. 216, 1973, s. 3.
(2) In any law or instrument referred to in the last preceding sub-section-
(a) a reference to the Administrator of a Territory shall, in relation to
the Territory of Papua or the Territory of New Guinea, be read as a reference
to the High Commissioner of Papua New Guinea or the holder of the former
office of Administrator of Papua New Guinea, as the case requires;
(b) a reference to the Supreme Court of a Territory shall, in relation to
the Territory of Papua or the Territory of New Guinea, be read as a reference
to the Supreme Court of Papua New Guinea; and
(c) a reference to the Public Service of a Territory shall, in relation to
the Territory of Papua or the Territory of New Guinea, be read as a reference
to the Public Service of Papua New Guinea.
Added by No. 120, 1973, s. 6.
(3) For the purposes of references in any law or instrument referred to in
sub-section (1) to Ordinances, other than a reference to a particular
Ordinance, every enactment shall be deemed to be an Ordinance.
Added by No. 120, 1973, s. 6.
(4) In any law or instrument referred to in sub-section (1) a reference to a
particular Ordinance shall, unless the contrary intention appears, be read as
including-
(i) a reference to that Ordinance as amended from time to time; and
(ii) a reference to an enactment replacing that Ordinance including such an
enactment as amended or replaced from time to time.
Section 12A repealed by No. 123, 1971, s. 6.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 13.
Office of the High Commissioner.
SECT
PART IV-THE EXECUTIVE
Division heading substituted by No. 120, 1973, s. 8.
Division 1-The High Commissioner
Heading substituted by No. 120, 1973, s. 7.
Substituted by No. 120, 1973, s. 8.
13. Subject to this Act, the Government shall be administered by the High
Commissioner of Papua New Guinea.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 14.
Appointment of High Commissioner.
SECT
Substituted by No. 120, 1973, s. 8.
14. The High Commissioner shall be appointed by the Governor-General by
Commission and shall hold office during the pleasure of the Governor-General.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 15.
Functions of High Commissioner.
SECT
Amended by No. 120, 1973, s. 34.
15. The High Commissioner shall exercise and perform all powers and
functions that belong to his office in accordance with the tenor of his
Commission and in accordance with such instructions as are given to him by the
Governor-General.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 15A.
Officers' Rights.
SECT
Inserted by No. 84, 1966, s. 5; amended by No. 123, 1971, s. 25; No. 120,
1973, s. 34; and No. 216, 1973, s. 3.
15A. Where a person appointed to be High Commissioner of Papua New Guinea
was, immediately before his appointment, an officer of the Public Service of
the Commonwealth-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as High
Commissioner shall be taken into account as if it were service in the Public
Service of the Commonwealth.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 16.
Acting High Commissioner.
SECT
Sub-section (1) substituted by No. 120, 1973, s. 9.
16. (1) The Governor-General may, by Commission-
(a) appoint a person to exercise and perform the powers and functions of
the High Commissioner; or
(b) appoint one person to exercise and perform such powers and functions of
the High Commissioner as are specified in his Commission and another person to
exercise and perform the remaining powers and functions of the High
Commissioner,
during any vacancy in the office of the High Commissioner or when the High
Commissioner is absent from Papua New Guinea or unable by reason of illness or
incapacity to perform his duties.
Substituted by No. 120, 1973, s. 9.
(2) In default of an appointment under sub-section (1), or in the event of
the absence from Papua New Guinea or the death or incapacity of a person so
appointed, the senior official representative of Australia present in Papua
New Guinea and able to act shall have and may exercise and perform all the
powers and functions of the High Commissioner or such of those powers and
functions as may be, or could have been, exercised and performed by the person
so appointed, as the case may be.
Amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 9.
(3) The exercise and performance, by virtue of this section, by any person
of the powers and functions of the High Commissioner during his absence from
Papua New Guinea shall not affect the exercise or performance by the High
Commissioner himself of any power or function.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 17.
Deputies of High Commissioner.
SECT
Sub-section (1) amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 34.
17. (1) The High Commissioner may appoint a person, or any persons jointly
or severally, to be the deputy or deputies of the High Commissioner within
Papua New Guinea, or a part of Papua New Guinea, and in that capacity to
exercise during the pleasure of the High Commissioner such powers and
functions of the High Commissioner as he assigns to the deputy or deputies.
Amended by No. 120, 1973, s. 34.
(2) The appointment of a deputy shall not affect the exercise or performance
by the High Commissioner himself of any power or function.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 18.
Oath or affirmation to be taken by High Commissioner, &c.
SECT
Substituted by No.123, 1971, s. 8; amended by No. 120, 1973, s. 34.
18. The High Commissioner, an Acting High Commissioner or a deputy of the
High Commissioner shall, before proceeding to discharge the duties of his
office, take before the Governor-General, a Judge or a person thereunto
authorized by the Governor-General an oath or affirmation in accordance with
the form in the Fifth Schedule.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 19.
Executive Council.
SECT
Division 2-The Executive Council
Division 2 substituted by No. 25, 1968, s. 6, amended by No. 120, 1973, s. 34
Substituted by No. 25, 1968, s. 6. Sub-section (1) amended by No. 123, 1971,
s. 9; and No. 120, 1973, s. 10.
19. (1) There shall be a Council to be known as the Executive Council of
Papua New Guinea.
Substituted by No. 120, 1973, s. 10.
(2) The functions of the Council are to advise the High Commissioner on any
matter relating to the administration of the Government.
Substituted by No. 120, 1973, s. 10.
(3) Where he thinks it in the public interest to do so, the High
Commissioner may introduce into the Council any matter for discussion in the
Council.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 20.
Constitution of Council.
SECT
Substituted by No. 123, 1971, s. 10. Sub-section (1) substituted by No. 120,
1973, s. 11.
20. (1) Subject to this section, the Council shall consist of-
(a) the High Commissioner;
(b) the Chief Minister; and
(c) not less than nine nor more than twelve other Ministers of the House of
Assembly appointed by the High Commissioner after consultation with the Chief
Minister.
Amended by No. 120, 1973, s. 11.
(2) The Ministers of the House of Assembly shall, in accordance with the
regulations, appoint one of their number to be the Chief Minister and, as
often as the office of Chief Minister becomes vacant, again appoint one of
their number to be the Chief Minister, but an appointment under this
sub-section does not become effective unless and until the House of Assembly
has, by resolution, approved the appointment.
(3) Not more than two of the members of the Council shall be nominated
members of the House of Assembly.
Substituted by No. 120, 1973, s. 11.
(4) The Chief Minister ceases to hold the office of Chief Minister if-
(a) he ceases to be a Minister of the House of Assembly; or
(b) the House of Assembly, in accordance with, and subject to any
conditions prescribed by, the regulations, resolves that he should cease to
hold that office.
Amended by No. 120, 1973, ss. 11 and 34.
(5) A member of the Council appointed under paragraph (c) of sub-section
(1)-
(a) may be removed from office as a member of the Council by the High
Commissioner after consulting the Chief Minister; and
(b) ceases to be a member of the Council if he ceases to be a Minister of
the House of Assembly.
Sub-section (6) omitted by No. 120, 1973, s. 11.
* * * * * * * *
(7) The performance of the functions of the Council is not affected by
reason of a vacancy or vacancies in the membership of the Council.
Amended by No. 120, 1973, s. 11.
(8) Regulations for the purposes of this section may make provision for and
in relation to the procedure by which the Ministers of the House of Assembly
may appoint a Chief Minister and, in particular, may make provision for the
power of the Ministers of the House of Assembly to appoint a Chief Minister to
be capable of being exercised 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 and for a decision of a majority of the Ministers of the
House of Assembly to be deemed to be a decision of the Ministers of the House
of Assembly.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 21.
Resignation.
SECT
Substituted by No. 123, 1971, s. 10. Sub-section (1) substituted by No. 120,
1973, s. 34.
21. (1) The Chief Minister may resign his office as Chief Minister by
delivering a written resignation signed by him to the High Commissioner, who
shall, as soon as practicable, inform the other Ministers of the House of
Assembly of the resignation.
Amended by No. 120, 1973, s. 34.
(2) Subject to the succeeding provisions of this section, a member of the
Council appointed under paragraph (c) of sub-section (1) of the last preceding
section may resign his office as a member of the Council by delivering a
written resignation signed by him to the Chief Minister or, if the Chief
Minister is absent from Papua New Guinea or there is a vacancy in the office
of Chief Minister, to the High Commissioner.
Amended by No. 120, 1973, s. 34.
(3) Where a written resignation of a member of the Council is delivered to
the Chief Minister in accordance with the last preceding sub-section, the
Chief Minister shall, as soon as practicable, send the resignation to the High
Commissioner.
Sub-sections (4) and (5) omitted by No. 120, 1973, s. 34.
* * * * * * * *
Amended by No. 120, 1973, s. 34.
(6) A resignation of a member of the Council appointed under paragraph (c)
of sub-section (1) of the last preceding section does not become effective
until it is received by the High Commissioner.
Sub-section (7) omitted by No. 120, 1973, s. 34.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 22.
Proceedings of Council.
SECT
Substituted by No. 25,1968, s. 6. Sub-section (1) amended by No. 120, 1973, s.
34.
22. (1) The High Commissioner shall preside at all meetings of the Council
at which he is present.
Inserted by No. 123, 1971, s. 11; amended by No. 120, 1973, s. 34.
(1A) In the absence of the High Commissioner from a meeting of the Council,
the Chief Minister shall preside.
Substituted by No. 123, 1971, s. 11; amended by No. 120, 1973, s. 34.
(2) In a case where the High Commissioner is absent from a meeting of the
Council and-
(a) the Chief Minister is also absent from the meeting; or
(b) there is a vacancy in the office of Chief Minister,
a member of the Council appointed by the High Commissioner to preside in such
cases shall preside.
Substituted by No. 123, 1971, s. 11; amended by No. 120, 1973, s. 34.
(3) At a meeting of the Council, a quorum consists of the High Commissioner,
the Chief Minister or a member appointed in accordance with the last preceding
sub-section, and four other members.
(4) The regulations may prescribe the procedure of the Council and, subject
to the regulations, the procedure shall be as the Council determines.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 23.
Oath of members of Council.
SECT
Substituted by No. 25, 1968, s. 6. Sub-section (1) amended by No. 120, 1973,
s. 34.
23. (1) A member of the Council other than the High Commissioner shall,
before entering on his duties as a member of the Council, make and subscribe
an oath or affirmation in accordance with the form in the Eighth Schedule.
Amended by No. 120, 1973, s. 34.
(2) The oath or affirmation shall be made before the High Commissioner or a
person authorized by the High Commissioner to administer such oaths or
affirmations.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 24.
Ministers of the House of Assembly.
SECT
Division 3-Ministers of the House of Assembly
Heading substituted by No. 123, 1971, s. 12.
Substituted by No. 123, 1971, s. 13. Sub-section (1) amended by No. 74, 1972,
s. 3; and No. 120, 1973, s. 34.
24. (1) There shall be such number of offices of Minister of the House of
Assembly as the High Commissioner from time to time determines.
Substituted by No. 120, 1973, s. 12.
(2) One of the ministerial offices shall be that of the Chief Minister and
the others shall have such respective designations as the High Commissioner
from time to time determines.
Amended by No. 120, 1973, s. 34.
(3) In respect of each ministerial office, the High Commissioner shall
determine, from time to time, the matters in respect of which the holder of
the office is to perform the functions of a Minister of the House of
Assembly.
Amended by No. 120, 1973, s. 34.
(4) Without limiting the generality of the last preceding sub-section, the
matters that may be determined by the High Commissioner under that sub-section
in relation to a ministerial office may include all or any of the matters to
which the functions of a specified department of the Public Service relate.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 25.
Functions of holder of ministerial office.
SECT
Substituted by No. 120, 1973, s. 13.
25. Subject to this Act and to any enactment, the functions of the holder of
a ministerial office are, in relation to the matters determined in relation to
his office under section 24, to assist in the administration of the Government
and in particular-
(a) to formulate policies and plans, and proposals for expenditure, in
relation to those matters;
(b) to make recommendations to the Council in relation to those matters;
(c) where any of those matters are dealt with by a department of the Public
Service-to direct the activities of that department relating to those matters;
and
(d) to represent the Government in the House of Assembly.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 25A.
Functions in relation to reserved matters.
SECT
Inserted by No. 120, 1973, s. 14.
25A. (1) The functions of the holder of a ministerial office, so far as they
relate to a reserved matter, shall be performed only to the extent and in the
manner provided by arrangements approved by the Minister and applicable to
that office.
(2) The Minister shall not give an approval under this section except upon
the recommendation of, or after consultation with, the High Commissioner, but
the validity of an approval by the Minister shall not be called in question on
the ground that the requirements of this sub-section have not been complied
with.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 26.
Appointment and removal of Ministers.
SECT
Inserted by No. 25, 1968, s. 6. Sub-section (1) amended by No. 123, 1971, s.
14; and No. 120, 1973, ss.15 and 34.
26. (1) Subject to this section, the High Commissioner may appoint an
elected member or a nominated member of the House of Assembly to be a Minister
of the House of Assembly, and may terminate any such appointment.
Amended by No. 123, 1971, s. 14; and No. 120, 1973, s. 15.
(2) A person shall not be appointed to be a Minister of the House of
Assembly unless, since the last preceding general election, he has, in
accordance with the regulations, been nominated by the House of Assembly to be
so appointed.
Substituted by No. 120, 1973, s. 15.
(3) The High Commissioner shall not terminate the appointment of a Minister
of the House of Assembly unless the House of Assembly has, in accordance with
the regulations, resolved that the appointment be terminated.
Amended by No. 120, 1973, s. 34.
(4) Regulations for the purposes of this section may-
(a) make provision with respect to the number of persons who are, in
prescribed circumstances, to be nominated under sub-section (2) at the one
time;
(b) prescribe conditions subject to which, and the procedure in accordance
with which, the House of Assembly may make nominations or adopt resolutions
for the purposes of a provision; and
(c) provide for the appointment by the House of Assembly of a committee of
that House for the purposes of the regulations, and make provision with
respect to the manner of appointment of the committee and the functions and
procedure of the committee.
Substituted by No. 120, 1973, s. 15.
(5) If the Governor-General, after report by the High Commissioner, is
satisfied that the public interest so requires, he may terminate the
appointment of a Minister of the House of Assembly.
Section 27 repealed by No. 120, 1973, s. 16.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 28.
Tenure of office of Ministers.
SECT
Inserted by No. 25, 1968, s. 6; amended by No. 123, 1971, s. 15; and No. 120,
1973, ss. 17 and 34.
28. The appointment of a person to be a Minister of the House of Assembly
takes effect on the day specified in the instrument of appointment and
terminates when-
(a) he ceases to be an elected member or a nominated member of the House of
Assembly;
(b) the appointment is terminated in accordance with this Division;
(c) he resigns his office by writing under his hand delivered to the High
Commissioner and the resignation is accepted by the High Commissioner; or
(d) the House of Assembly first meets after a general election of that
House that takes place after the appointment takes effect.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 28A.
Allotment of certain portfolios.
SECT
Inserted by No. 120, 1973, s. 18.
28A. (1) The High Commissioner may, at the time when he appoints a person to
be a Minister of the House of Assembly, or at any time thereafter, appoint
that person to a ministerial office.
(2) The High Commissioner may, at any time, terminate the appointment of a
person to a ministerial office.
(3) In this section, ''ministerial office'' does not include the office of
Chief Minister.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 29.
Oath of office.
SECT
Inserted by No. 25, 1968, s. 6. Sub-section (1) amended by No. 120, 1973, s.
34.
29. (1) A person who is appointed to be a Minister of the House of Assembly
shall, before entering on the duties of his office, make and subscribe an oath
or affirmation in accordance with the form in the Ninth Schedule.
Amended by No. 120, 1973, s. 34.
(2) The oath or affirmation shall be made before the High Commissioner or a
person authorized by the High Commissioner to administer such oaths or
affirmations.
Section 29A repealed by No. 120, 1973, s. 19.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 30.
The Public Service.
SECT
Division 4-The Public Service
Substituted by No. 69, 1973, s. 6.
30. (1) There shall be a Public Service of Papua New Guinea.
Amended by No. 120, 1973, s. 34.
(2) Provision may be made by enactment for or in relation to-
(a) the appointment of persons to the Public Service as officers;
(b) the employment of other persons in the Public Service; and
(c) the terms and conditions of appointment to, and employment in, the
Public Service.
Sections 30A and 31 repealed by No. 69, 1973, s. 6.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 32.
Continuance of laws.
SECT
PART V-LEGISLATION
Division 1-Laws
Sub-section (1) amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 34.
32. (1) Notwithstanding the repeal of the Acts repealed by section 3, but
subject to this Act-
(a) all other laws in force immediately before the commencement of this Act
in or in relation to the Territory of Papua (except regulations in force under
the Papua Act 1905-1940) shall continue in force in or in relation to that
Territory;
(b) all other laws in force immediately before the commencement of this Act
in or in relation to the Territory of New Guinea shall continue in force in or
in relation to that Territory; and
(c) all other laws in force immediately before the commencement of this Act
in or in relation to both the Territory of Papua and the Territory of New
Guinea shall continue in force in or in relation to Papua New Guinea.
Amended by No. 120, 1973, s. 34.
(2) In this section, ''laws'' includes Ordinances made under an Act repealed
by section 3 and laws made under any such Ordinance.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 33.
Application of Commonwealth Acts and Imperial Acts.
SECT
Sub-section (1) amended by No. 123, 1971, s. 25.
33.* (1) An Act or a provision of an Act (whether passed before or after the
commencement of this Act) shall not, except as otherwise provided by that Act
or by any other Act, be in force as such in Papua New Guinea or any part
thereof unless expressed to extend thereto.
Amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 34.
(2) The application, of its own force, in or in relation to Papua New Guinea
or any part thereof, of any Act or Imperial Act or any provision of an Act or
Imperial Act shall not be affected by any enactment.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 34.
Enactments may amend or repeal existing laws.
SECT
Amended by No. 120, 1973, s. 34.
34. Subject to this Act, a law continued in force by this Act may be amended
or repealed by an enactment made under this Act, or by a law made under any
such enactment.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 35.
House of Assembly.
SECT
Division 2-House of Assembly
Division 2 substituted by No. 27, 1963, s. 9.
Substituted by No. 27, 1963, s. 9; amended by No. 123, 1971, s. 25.
35. There shall be a House of Assembly for Papua New Guinea.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 36.
Composition of House of Assembly.
SECT
Substituted by No. 27, 1963, s. 9.
Sub-section (1) substituted by No. 123, 1971, s. 16; amended by No. 120, 1973,
ss. 20 and 34.
36. (1) The House of Assembly shall consist of not less than one hundred
members, but not more than one hundred and three members, as follows:-
* * * * * * * *
(b) eighty-two persons elected by electors of Papua New Guinea;
(c) eighteen persons, being persons possessing such educational
qualifications as are specified by, or determined under, the regulations,
elected by electors of Papua New Guinea; and
(d) not more than three persons, to be known as nominated members,
appointed in accordance with the next succeeding section.
Amended by No. 120, 1973, s. 34.
(2) The elected members of the House of Assembly shall be elected as
provided by or under enactment, and a candidate for election shall possess
such qualifications and be subject to such disqualifications as are provided
by this Act or by enactment.
Amended by No. 84, 1966, s. 6; No. 123, 1971, ss. 16 and 25; and No. 120,
1973, s. 34.
(3) An enactment shall not disqualify a person on the ground of race-
(a) from being enrolled as an elector of Papua New Guinea;
(b) from participating as such an elector in an election of a member of the
House of Assembly; or
(c) from being elected as an elected member, or appointed as a nominated
member, of the House of Assembly.
Substituted by No. 25, 1968, s. 7; amended by No. 120, 1973, s. 34.
(4) Subject to this Act, an elected member holds office for a period
commencing-
(a) in the case of a member elected at a general election-on the day next
following the day of completion of that general election; or
(b) in any other case-on the day next following the day on which he is, in
accordance with enactment, declared to be elected,
and ending at the expiration of the day of completion of the next following
general election.
Substituted by No. 123, 1971, s. 16.
(4A) Subject to this Act, a nominated member holds office for a period
commencing on the day next following the day on which he is appointed in
accordance with the next succeeding section and ending at the expiration of
the day of completion of the next following general election.
Inserted by No. 123, 1971, s. 16; amended by No. 120, 1973, s. 34.
(4B) For the purposes of the last two preceding sub-sections, the day of
completion of a general election is the day on which the member last declared,
in accordance with enactment, to be elected at that election is so declared to
be elected.
Sub-section (5) omitted by No. 120, 1973, s. 20.
* * * * * * * *
Amended by No. 120, 1973, ss. 20 and 34.
(6) A member of the House of Assembly shall, before taking his seat, make
and subscribe before the High Commissioner or a person authorized for the
purpose by the High Commissioner an oath or affirmation in the form in the
Sixth Schedule.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 36A.
Appointment of nominated members.
SECT
Inserted by No. 123, 1971, s. 17.
36A. (1) Subject to this section, the House of Assembly may, by resolution,
appoint a person to be a nominated member of the House.
Amended by No. 120, 1973, s. 34.
(2) A person shall not be appointed to be a nominated member of the House of
Assembly unless-
(a) there is a vacancy in an office of nominated member;
(b) the House has, subject to the next succeeding sub-section, passed a
resolution-
(i) declaring that the vacancy should be filled; and
(ii) appointing a committee consisting of seven members of the House to
recommend a person for appointment to the vacant office; and
(c) the committee has, after consulting the High Commissioner recommended
the appointment of the person.
(3) A resolution referred to in paragraph (b) of the last preceding
sub-section is of no effect unless the number of members of the House of
Assembly voting in favour of the motion in pursuance of which the resolution
was passed was not less than two-thirds of the number of members for the time
being constituting the House.
Amended by No. 120, 1973, s. 34.
(4) The House of Assembly may, by resolution, determine the procedure to be
followed by a committee appointed by the House for the purposes of
sub-paragraph (ii) of paragraph (b) of sub-section (2) and, in particular, may
determine that a recommendation by a majority of the members of the committee
shall be deemed to be a recommendation of the committee.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 37.
Disqualification for membership of, or voting in, the House of Assembly.
SECT
Substituted by No. 27, 1963, s. 9.
Sub-section (1) omitted by No. 120, 1973, s. 34.
37. (1) * * * * * * *
Amended by No. 123, 1971, ss. 18 and 25; and No. 120, 1973, s. 34.
(2) A person is not qualified to be elected, or to continue, as an elected
member of the House of Assembly or to be appointed, or to continue, as a
nominated member of the House of Assembly if he is not an elector or if-
(a) he is a member of the Public Service of Papua New Guinea;
(b) he holds an office that-
(i) is constituted by enactment; and
(ii) is for the time being specified by the High Commissioner, for the
purposes of this sub-section, by notice in the Government Gazette; or
(c) he is employed in the Public Service of the Commonwealth.
Inserted by No. 123, 1971, s. 18.
(2A) A person is not qualified to be appointed as a nominated member of the
House of Assembly if-
(a) he has not resided continuously in Papua New Guinea throughout the
period of five years immediately preceding the day on which a motion for his
appointment as such a member is moved in the House of Assembly; or
(b) he was a candidate for election as an elected member of the House of
Assembly at the last preceding general election and was not elected.
Inserted by No. 123, 1971, s. 18.
(2B) For the purposes of paragraph (a) of the last preceding sub-section,
temporary absences of a person from Papua New Guinea, not exceeding in the
aggregate a period of two years, do not affect the continuity of his residence
in Papua New Guinea.
Amended by No. 216, 1973, s. 3.
(3) A person is not qualified to be elected or appointed, or to continue, as
a member of the House of Assembly if-
(a) he is an undischarged bankrupt or insolvent; or
(b) he has been convicted of an offence punishable under a law of the
Commonwealth, or of a State or Territory, by death or by imprisonment for one
year or longer and, as a result of the conviction, is subject to be sentenced
to death or imprisonment, is under sentence of death or is undergoing
imprisonment.
Amended by No. 120, 1973, s. 34.
(4) A person is not qualified to continue as a member of the House of
Assembly if-
(a) he is absent at all times during each of three consecutive meetings of
the House of Assembly, and permission has not been granted to him by the House
to be absent from any of those meetings; or
(b) except as authorized by enactment, he directly or indirectly takes or
agrees to take any fee or honorarium for services rendered in the House of
Assembly.
(5) For the purposes of paragraph (a) of the last preceding sub-section, a
meeting of the House of Assembly commences when the House first sits following
a general election, a prorogation of the House or an adjournment of the House
otherwise than for a period of less than seven days and ends when next the
House is either prorogued or adjourned otherwise than for a period of less
than seven days.
Amended by No. 120, 1973, s. 21.
(6) A member of the House of Assembly who is a party to, or is directly or
indirectly interested in, a contract made, or proposed to be made, by or on
behalf of the Commonwealth or of the Government under which goods or services
are to be supplied to the Commonwealth or to the Government shall not take
part in a discussion of a matter, or vote on a question, in the House of
Assembly if the matter or question relates directly or indirectly to that
contract.
(7) All questions concerning the application of the last preceding
sub-section shall be decided by the House of Assembly and a contravention of
that sub-section does not affect the validity of anything done by the House of
Assembly.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 38.
Vacancies.
SECT
Substituted by No. 27, 1963, s. 9.
Sub-section (1) amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 34.
38. (1) A member of the House of Assembly who desires to resign his office
shall deliver an instrument of resignation signed by him to the Speaker or, if
there is no Speaker or the Speaker is absent from Papua New Guinea, to the
High Commissioner.
Sub-section (2) omitted by No. 120, 1973, s. 34.
* * * * * * * *
Amended by No. 123, 1971, s. 19; and No. 120, 1973, s. 34.
(3) The resignation of an elected member or nominated member becomes
effective when the instrument of resignation is received by the Speaker or,
where it is delivered to the High Commissioner, by the High Commissioner.
Amended by No. 25, 1968, s. 8; No. 123, 1971, s. 25; and No. 120, 1973, s. 34.
(4) In the event of the happening of a vacancy in the office of an elected
member before the expiration of his term of office-
(a) if the vacancy occurs before the expiration of three years after the
polling day fixed for the purposes of the last preceding general election and
before the High Commissioner has directed the holding of the next general
election-an election shall be held, at the time and in the manner provided by
or under enactment, for the election of a member to fill the vacant office;
or
(b) in any other case-the High Commissioner may appoint a person to hold
the vacant office and the person so appointed shall, for the purposes of this
Act and of any law of Papua New Guinea, be treated as if he had been elected
to that office by electors of Papua New Guinea and as if the day of
appointment were the day on which he was declared to be elected.
Amended by No. 120, 1973, s. 34.
(5) The holding of an election as required by paragraph (a) of the last
preceding sub-section shall not be proceeded with if, before the day on which
a candidate is declared elected or the poll is taken, whichever first occurs,
the High Commissioner directs the holding of a general election.
Section 38A repealed by No. 27, 1963, s. 9.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 39.
Determination of questions respecting qualifications or vacancies.
SECT
Substituted by No. 27, 1963, s. 9.
39. (1) A question respecting the qualification of a member of the House of
Assembly, or respecting a vacancy in the House of Assembly, not being a
question of a disputed election or of a disputed return in connexion with an
election, may be determined by the House of Assembly or may be referred by
resolution of the House of Assembly to the Supreme Court, which shall
thereupon hear and determine the question.
(2) When a question is referred to the Supreme Court under the last
preceding sub-section, the Speaker or, if the Speaker is not present at the
meeting of the House of Assembly at which the reference is made, the member
presiding at the meeting in his absence shall transmit to the Supreme Court a
statement of the question upon which the determination of the Court is desired
together with any record of proceedings or any papers, reports or documents
relating to the question in the possession of the House of Assembly.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 40.
General elections.
SECT
Substituted by No. 27, 1963, s. 9.
Sub-section (1) amended by No. 120, 1973, s. 34.
40. (1) The High Commissioner may, at any time, by notice in the Government
Gazette, direct the holding of a general election.
Amended by No. 120, 1973, s. 34.
(2) A general election shall be held, at the time and in the manner provided
by or under enactment, whenever the holding of such an election is directed by
the High Commissioner.
Amended by No. 120, 1973, s. 34.
(3) The High Commissioner shall ensure that general elections are held at
intervals not exceeding four years.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 41.
Sessions and prorogations of House of Assembly.
SECT
Substituted by No. 27, 1963, s. 9.
Sub-section (1) amended by No. 120, 1973, s. 34.
41. (1) The High Commissioner may, by notice in the Government Gazette,
appoint such times for holding sessions of the House of Assembly as he thinks
fit, and may also, from time to time, in a similar manner, prorogue the House
of Assembly.
(2) After a general election, the House of Assembly shall be summoned to
meet not later than six months after the polling day fixed for the purposes of
the election.
(3) There shall be a session of the House of Assembly once at least in every
year, so that twelve months shall not intervene between the last sitting of
the House in one session and its first sitting in the next session.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 42.
Quorum.
SECT
Substituted by No. 27, 1963, s. 9.
Sub-section (1) amended by No. 25, 1968, s. 9; No. 58, 1971, s. 4; No. 123,
1971, s. 20; and No. 120, 1973, s. 34.
42. (1) The presence of at least thirty-five members of the House of
Assembly is necessary to constitute a meeting of the House of Assembly for the
exercise and performance of its powers and functions.
(2) For the purposes of this section, the member presiding at a meeting
shall be counted as a member present at the meeting.
Section 43 repealed by No. 120, 1973, s. 22.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 44.
Election of Speaker.
SECT
Substituted by No. 27, 1963, s. 9.
44. (1) The House of Assembly shall, before proceeding with the despatch of
any other business, choose a member to be the Speaker of the House of Assembly
and, as often as the office of Speaker becomes vacant, the House of Assembly
shall again choose a member to be the Speaker.
(2) The Speaker ceases to hold his office if he ceases to be a member of the
House of Assembly.
Amended by No. 120, 1973, s. 34.
(3) The Speaker may be removed from office by vote of the House of Assembly
or he may resign his office by delivering to the High Commissioner an
instrument of resignation signed by him.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 45.
Absence of Speaker.
SECT
Substituted by No. 27, 1963, s. 9.
45. Before or during any absence of the Speaker, the House of Assembly may
choose a member to perform his duties in his absence.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 46.
Voting.
SECT
Substituted by No. 27, 1963, s. 9.
46. (1) Questions arising in the House of Assembly shall be determined by a
majority of votes other than that of the Speaker or other member presiding.
(2) The Speaker or other member presiding shall not vote unless the numbers
are equal, and then he shall have a casting vote.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 47.
Minutes of proceedings.
SECT
Substituted by No. 27, 1963, s. 9.
47. (1) The House of Assembly shall cause minutes of its proceedings to be
kept.
Amended by No. 120, 1973, s. 34.
(2) A copy of any minutes kept in pursuance of the last preceding
sub-section shall, on request made by any person, be made available for
inspection by him or, on payment of such fee as is fixed by enactment, be
supplied to him.
Section 47A repealed by No. 27, 1963, s. 9.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 48.
Powers, privileges and immunities of House of Assembly.
SECT
Substituted by No. 27, 1963, s. 9; amended by No. 120, 1973, s. 34.
48. The power of the House of Assembly to make laws conferred by section 52
includes power to make laws-
(a) declaring the powers (other than legislative powers), privileges and
immunities of the House of Assembly, and of its members and committees, but so
that the powers, privileges and immunities so declared do not exceed the
powers, privileges and immunities of the House of Commons of the Parliament of
the United Kingdom or of the members or committees of that House,
respectively, at the establishment of the Commonwealth; and
(b) providing for the manner in which powers, privileges and immunities so
declared may be exercised or upheld.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 49.
Rules and orders.
SECT
Substituted by No. 27, 1963, s. 9.
49. The House of Assembly may make rules and orders in respect of the order
and conduct of its business and proceedings.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 49A.
Priority of business of Administration.
SECT
Inserted by No. 25, 1968, s. 10; amended by No. 120, 1973, s. 34.
49A. The High Commissioner may, by message to the House of Assembly, declare
that he is of opinion that the public interest requires special priority to be
given to any specified business before the House (including business of which
notice has been given in the House) and, where such a declaration is made, the
Speaker shall, notwithstanding any rule, order or resolution of the House,
cause that business to be given such priority in the proceedings of the House
as the Chief Minister or, in his absence, another Minister of the House of
Assembly requests.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 50.
Proposal of money votes.
SECT
Substituted by No. 27, 1963, s. 9; amended by No. 123, 1971, s. 25; and No.
120, 1973, s. 34.
50. A vote, resolution or proposed law for the appropriation of revenue or
moneys of Papua New Guinea shall not be passed unless the purpose of the
appropriation has in the same session been recommended by message of the High
Commissioner to the House of Assembly.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 51.
Validation of acts of House of Assembly.
SECT
Substituted by No. 27, 1963, s. 9.
51. Where a person who has purported to sit or vote as a member of the House
of Assembly at a meeting of the House of Assembly or of a committee of the
House of Assembly-
(a) was not duly qualified to be elected or appointed or to continue as a
member of the House of Assembly; or
(b) had vacated his office as a member of the House of Assembly,
all things done or purporting to have been done by the House of Assembly or by
that committee, as the case may be, shall be deemed to have been as validly
done as if that person had, when so sitting or voting, been duly qualified to
be elected or appointed or to continue as a member of the House of Assembly or
had not vacated his office, as the case may be.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 52.
Legislative power of House of Assembly.
SECT
Substituted by No. 27, 1963, s. 9; amended by No. 123, 1971, s. 25; and No.
120, 1973, s. 23.
52. Subject to this Act, the House of Assembly may make laws for the peace,
order and good government of Papua New Guinea.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 53.
Proposed laws to be assented to.
SECT
Substituted by No. 25, 1968, s. 11; amended by No. 120, 1973, s. 34.
53. A proposed law passed by the House of Assembly does not have any force
or effect unless or until assent has been given to the proposed law, or to a
part of the proposed law, in accordance with this Division, and any part of a
proposed law assent to which is withheld under section 56 does not have any
force or effect.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 54.
Presentation of proposed laws to High Commissioner.
SECT
Repealed by No. 41, 1954, s. 12; inserted by No. 27, 1963, s. 9. Sub-section
(1) amended by No. 120, 1973, s. 34.
54. (1) Every proposed law passed by the House of Assembly shall be
presented to the High Commissioner for assent.
Amended by No. 120, 1973, s. 34.
(2) Subject to the next succeeding sub-section, the High Commissioner shall
thereupon declare, according to his discretion but subject to this Act-
(a) that he assents to the proposed law;
(b) that he withholds assent; or
(c) that he reserves the proposed law for the Governor-General's pleasure.
Amended by No. 120, 1973, s. 34.
(3) The High Commissioner may return the proposed law to the House of
Assembly with amendments that he recommends.
Amended by No. 120, 1973, s. 34.
(4) The House of Assembly shall consider the amendments recommended by the
High Commissioner and the proposed law, with or without amendments, shall be
again presented to the High Commissioner for assent.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 55.
Certain laws to be reserved.
SECT
Substituted by No. 120, 1973, s. 24.
55. The High Commissioner shall reserve for the Governor-General's pleasure
any proposed law that relates to a reserved matter.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 56.
Signification of pleasure on proposed law reserved.
SECT
Repealed by No. 41, 1954, s. 12; inserted by No. 27, 1963, s. 9.
Sub-section (1) substituted by No. 25, 1968, s. 12; amended by No. 120, 1973,
s. 34.
56. (1) Where the High Commissioner reserves a proposed law for the
Governor-General's pleasure, the Governor-General shall, subject to this
section, within six months after the day on which the proposed law was
presented to the High Commissioner for assent, declare-
(a) that he assents to the proposed law;
(b) that he withholds assent to the proposed law; or
(c) that he withholds assent to part of the proposed law and assents to the
remainder of the proposed law.
Amended by No. 120, 1973, s. 34.
(2) The Governor-General may return the proposed law to the High
Commissioner with amendments that he recommends.
Amended by No. 120, 1973, s. 34.
(3) The House of Assembly shall consider the amendments recommended by the
Governor-General and the proposed law, with or without amendments, shall be
again presented to the High Commissioner, who shall reserve it for the
Governor-General's pleasure.
Substituted by No. 25, 1968, s. 12; amended by No. 120, 1973, s. 34.
(4) As soon as practicable after the Governor-General has made a declaration
in respect of a proposed law in accordance with sub-section (1), the High
Commissioner shall publish in the Government Gazette a notification of the
declaration.
Amended by No. 25, 1968, s. 12; and No. 120, 1973, s. 34.
(5) The assent of the Governor-General to a proposed law, or to part of a
proposed law, is of no effect until notification of the Governor-General's
declaration in respect of the proposed law, or to part of a proposed law, is
published by the High Commissioner in the Government Gazette.
Section 57 repealed by No. 120, 1973, s. 25.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 57A.
Proposed laws to be laid before the Parliament.
SECT
Inserted by No. 27, 1963, s. 9.
Sub-section (1) amended by No. 120, 1973, s. 34.
57A. (1) The Minister shall cause each proposed law assented to by the
Governor-General, or from which the Governor-General has withheld assent, to
be laid before each House of the Parliament as soon as possible, but in any
case within fifteen sitting days of that House, after the date of assent, or
after the date on which assent was withheld, as the case may be.
Inserted by No. 25, 1968, s. 13; amended by No. 120, 1973, s. 34.
(1A) The last preceding sub-section extends to a proposed law to part only
of which the Governor-General has assented and, in the case of such a proposed
law, there shall be indicated on the proposed law, as laid before each House
of the Parliament, the part of the proposed law to which assent has been
withheld.
Substituted by No. 120, 1973, s. 34.
(2) Where the Governor-General withholds assent to a proposed law or a part
of a proposed law, the Minister shall cause a statement of the reasons for
withholding assent to be laid before each House of the Parliament as soon as
possible, but in any case within fifteen sitting days of that House, after the
date on which assent was withheld.
Division 3 of Part V of the Papua and New Guinea Act 1949-1950 (sections 54 to
57) repealed by No. 41, 1954, s. 12.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 58.
Constitution of Supreme Court.
SECT
PART VI-THE JUDICIAL SYSTEM
Sub-section (1) substituted by No. 123, 1971, s. 21.
58. (1) The Supreme Court of the Territory of Papua and New Guinea in
existence immediately before the date of commencement of section 21 of the
Papua New Guinea Act 1971 continues in existence but shall be known as the
Supreme Court of Papua New Guinea.
Amended by No. 41, 1954, s. 13.
(2) The Supreme Court shall consist of a Chief Justice and such other judges
as the Governor-General appoints.
(3) The Supreme Court shall be a superior court of record.
Substituted by No. 84, 1966, s. 8; amended by No. 120, 1973, s. 34.
(4) A Full Court of the Supreme Court is constituted by a number of judges
sitting together, the number being in accordance with provision made by
enactment.
Inserted by No. 84, 1966, s. 8; amended by No. 120, 1973, s. 34.
(4A) The jurisdiction of the Supreme Court shall be exercised as provided by
enactment and, in particular, provision may be made by enactment for the
exercise of the jurisdiction of the Supreme Court by a single judge sitting in
court or in chambers or by a Full Court, including provision for the exercise
of jurisdiction by a Full Court in appeals from, or in respect of cases stated
by, single judges.
Inserted by No. 84, 1966, s. 8.
(4B) The jurisdiction of the Supreme Court may be exercised by a judge or
judges notwithstanding that the jurisdiction of the Court is being exercised
at the same time by another judge or judges.
Amended by No. 41, 1954, s. 13; and No. 103, 1964, s. 3.
(5) The Chief Justice shall be the senior judge of the Supreme Court, and,
subject to the next succeeding sub-section, the other judges shall, unless
otherwise stated in their Commissions, have seniority according to the dates
of their Commissions.
Inserted by No. 103, 1964, s. 3.
(5A) The Governor-General may appoint one of the judges (other than the
Chief Justice or an acting judge), to be the senior puisne judge, and the
judge so appointed shall, while he continues to be a puisne judge, be the
senior puisne judge and have seniority next after the Chief Justice.
(6) During the absence on leave of the Chief Justice, or during a vacancy in
the office of Chief Justice, the next senior judge who is available shall act
as Chief Justice, and, while so acting, shall have, and may exercise and
perform, all the powers, functions and duties of the Chief Justice.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 59.
Appointment of Chief Justice and other judges.
SECT
Sub-section (1) amended by No. 41, 1954, s. 14; and No. 120, 1973, ss. 26 and
34.
59. (1) The Chief Justice and each other judge of the Supreme Court-
(a) shall be appointed by the Governor-General by Commission;
(b) may be removed from office by the Governor-General on the ground of
proved misbehaviour or incapacity, but shall not otherwise be removed from
office; and
(c) except in the case of a judge appointed for a specified period in
accordance with sub-section (1A) or an acting judge, shall, subject to this
section, retire upon reaching the age of sixty-five years.
Inserted by No. 120, 1973, s. 26.
(1A) A person may be appointed to hold office as a judge, other than an
acting judge, during a period specified by the Governor-General, but-
(a) a person is not eligible to be so appointed if he has reached the age
of sixty-five years; and
(b) a person shall not be so appointed to hold office for a period that
extends beyond the day on which he will reach the age of sixty-five years.
Inserted by No. 120, 1973, s. 26.
(1B) Subject to paragraphs (a) and (b) of sub-section (1A), a person
appointed in accordance with that sub-section is eligible for re-appointment.
Amended by No. 120, 1973, s. 34.
(2) A judge shall, before proceeding to discharge the duties of his office,
take before the Governor-General or a person thereunto authorized by the
Governor-General an oath or affirmation in the form in the Seventh Schedule.
(3) The remuneration of a judge shall not be diminished during his
continuance in office.
Sub-section (4) omitted by No. 84, 1966, s. 9.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 60.
Acting Judges.
SECT
60. (1) The Governor-General may appoint a person (being a person who is
qualified to be a judge) to be an acting judge-
(a) while a judge is absent on leave or is for any other reason unable for
the time being to discharge the duties of his office; or
(b) until the appointment of a judge in place of a judge who has died or
has otherwise ceased to hold office.
(2) Where the Governor-General considers it necessary so to do by reason of
a temporary increase in the business of the Court, he may appoint a person
(being a person who is qualified to be a judge) to be an acting judge during a
period specified by the Governor-General.
(3) An acting judge shall have the jurisdiction and powers of, and may
exercise all the authorities which are vested in, or may be exercised by, a
judge.
Amended by No. 120, 1973, s. 27.
(4) The appointment of a person to be an acting judge during the absence, or
inability to act, of a judge shall not be determined by the death or other
termination of office of that judge, but shall, unless the Governor-General
otherwise directs, continue, subject to this section, until a judge is
appointed in place of the judge who has died or otherwise ceased to hold
office.
Amended by No. 120, 1973, s. 34.
(5) An acting judge who holds office by virtue of paragraph (b) of
sub-section (1), or of sub-section (4), shall not so hold office for a period
longer than twelve months.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 61.
Qualifications of judges.
SECT
Substituted by No. 120, 1973, s. 28.
61. A person shall not be appointed to be a judge of the Supreme Court
unless-
(a) he is or has been-
(i) a barrister or solicitor of the Supreme Court; or
(ii) a legal practitioner (however described) of any other court having
unlimited jurisdiction in civil or criminal matters in a part of Her Majesty's
dominions or in a country that, in the opinion of the Governor-General, has a
legal system similar to that of Papua New Guinea,
of not less than five years' standing; or
(b) he is or has been a judge of a court referred to in sub-paragraph (ii)
of paragraph (a).
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 62.
Proposed laws relating to jurisdiction, practice and procedure of the Supreme
Court.
SECT
Substituted by No. 84, 1966, s. 10. Sub-section (1) amended by No. 120, 1973,
s. 34.
62. (1) The Supreme Court has such jurisdiction as is provided by
enactment.
(2) The jurisdiction of the Supreme Court referred to in the last preceding
sub-section is in addition to the jurisdiction that the Court has under any
law of the Commonwealth or Imperial Act.
Amended by No. 120, 1973, s. 34.
(3) Provision may be made by enactment with respect to the practice and
procedure of and in the Supreme Court.
Amended by No. 120, 1973, s. 34.
(4) An enactment shall not authorize the making of regulations or any other
instrument with respect to the jurisdiction of, or the practice and procedure
of or in, the Supreme Court.
(5) In this section, ''practice and procedure'' includes any matter with
respect to which provision may be made by Rules of Court under the next
succeeding section.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 62A.
Rules of Court.
SECT
Inserted by No. 84, 1966, s. 10.
62A. (1) The judges of the Supreme Court or a majority of them may make
Rules of Court, not inconsistent with this Act, with respect to the practice
and procedure of and in the Supreme Court.
Amended by No. 123, 1971, s. 25.
(2) In particular, Rules of Court may make provision with respect to-
(a) the practice and procedure in the offices of the Supreme Court;
(b) the service and execution of the process and judgments of the Supreme
Court;
(c) the service and execution in Papua New Guinea of the process and
judgments of any foreign Court;
(d) the issue by the Supreme Court of letters of requests for the service
in any foreign country of any process of the Supreme Court;
(e) the costs of proceedings in the Supreme Court;
(f) the method of pleading;
(g) the attendance of witnesses; and
(h) the means by which particular facts may be proved, and the mode in
which evidence of particular facts may be given, in any proceedings or on any
application in connexion with, or at any stage of, any proceedings.
Amended by No. 120, 1973, s. 34.
(3) The power to make Rules of Court conferred by this section does not
include power to make Rules that are inconsistent with an enactment and, if an
enactment comes into operation that is inconsistent with Rules of Court made
in pursuance of that power, the Rules of Court cease to have effect to the
extent of the inconsistency.
(4) Notice of the making of Rules of Court in pursuance of this section
shall be published in the Government Gazette, and the Rules shall come into
operation on the day on which the notice is so published or on such later date
as is fixed by or under the Rules.
(5) The Chief Justice shall cause a copy of Rules of Court made in pursuance
of this section to be forwarded to the Minister within fourteen days after the
date on which notice of the making of the Rules is published in the Government
Gazette.
(6) The Governor-General may, within three months after the date of
publication in the Government Gazette of notice of the making of any Rules of
Court, disallow the Rules or part of the Rules.
(7) Upon publication in the Government Gazette of notice of the disallowance
of any Rules of Court or of a part of any Rules of Court, the disallowance
has, subject to the next succeeding sub-section, the same effect as a repeal
of the Rules or of the part of the Rules.
(8) If a disallowed Rule of Court or part of a Rule of Court amended or
repealed a Rule of Court in force immediately before the commencement of the
disallowed Rule or part, the disallowance revives the previous Rule of Court
on and from the date of publication of the notice of disallowance as if the
disallowed Rule or part had not been made.
(9) Where the Governor-General disallows any Rules of Court or part of any
Rules, the Minister shall cause a statement of the reasons for the
disallowance to be laid before each House of the Parliament as soon as
possible, but in any case within fifteen sitting days of that House after the
date of disallowance.
Amended by No. 120, 1973, s. 34.
(10) Provision may be made by enactment in relation to the numbering and
publication of Rules of Court made in pursuance of this section.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 63.
Establishment of other judicial tribunals.
SECT
Substituted by No. 120, 1973, s. 29.
63. Courts (including village courts) and tribunals may be established by or
under enactment.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 64.
Appeals to High Court.
SECT
Substituted by No. 84, 1966, s. 11.
64. (1) The High Court has jurisdiction to hear and determine appeals from
all judgments, decrees, orders and sentences of a Full Court, other than a
judgment, decree or order given or made by consent.
(2) An appeal does not lie from a judgment, decree, order or sentence as
provided by the last preceding sub-section except by leave of the High Court.
(3) The jurisdiction of the High Court to hear and determine an application
for leave to appeal, or an appeal, under this section shall be exercised by a
Full Court of the High Court.
Amended by No. 120, 1973, s. 34.
(4) In the application of section 23 of the Judiciary Act 1903-1966 in
relation to an appeal under this section, the reference in that section to the
Supreme Court of a State or a Judge thereof shall be read as a reference to a
Full Court of the Supreme Court.
Amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 34.
(5) An enactment shall not make provision for an appeal to the High Court
from any judgment, decree, order or sentence of a court of Papua New Guinea.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 65.
Welfare and development projects.
SECT
PART VII-WELFARE AND DEVELOPMENT
Amended by No. 123, 1971, s. 25.
65. Without prejudice to the operation of any other provision of this Act or
of any law of Papua New Guinea-
(a) the Minister may, with the concurrence of the Treasurer of the
Commonwealth, make arrangements or agreements for any purpose likely to
promote the development of the resources of Papua New Guinea or the welfare of
its inhabitants, and any sums required by the Minister for the purpose of any
such arrangement or agreement shall be paid out of moneys appropriated by the
Parliament for that purpose; and
(b) the regulations may provide for the establishment of boards, committees
or authorities for the purpose of promoting and controlling the production of
primary products of Papua New Guinea, and for the marketing thereof, and may
define the powers and functions of any such board, committee or authority.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 66.
Establishment and function of the School.
SECT
PART VIII-THE AUSTRALIAN SCHOOL OF PACIFIC ADMINISTRATION
66. (1) There shall be an institution under the name of the Australian
School of Pacific Administration.
Amended by No. 123, 1971, s. 25.
(2) The function of the School shall be to provide special courses for the
education of officers and prospective officers of Papua New Guinea and of such
other persons as are prescribed.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 67.
Council of the School.
SECT
67. (1) There shall be a Council of the School, which shall be constituted
and appointed as prescribed.
(2) The Council shall have such powers and functions (including powers of
delegation) in relation to the School as are prescribed.
(3) A member of the Council shall hold office on such terms and conditions
as are prescribed.
(4) A member of the Council shall not, by reason only of that membership, be
subject to the Commonwealth Public Service Act 1922-1948.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 68.
Principal and staff.
SECT
68. (1) There shall be a Principal of the School, who shall have such
powers, functions and duties in relation to the School as are prescribed.
(2) The Principal and all other persons required for the academic and other
staff of the School shall be employed under the Commonwealth Public Service
Act 1922-1948.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 69.
Regulations.
SECT
69. The regulations may make provision for or in relation to-
(a) the management, control and discipline of the School;
(b) the eligibility, selection and admission of students of the School;
(c) the fees and allowances payable to members of the Council of the
School;
(d) the fees to be charged to students of the School; and
(e) all other matters necessary or convenient to be prescribed for carrying
out or giving effect to this Part.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 70.
Duration of Part.
SECT
Amended by No. 27, 1963, s. 10; and No. 120, 1973, s. 34.
70. If at any time the Governor-General is satisfied that the School is no
longer necessary, the Governor-General may, by Proclamation, declare that, on
a date specified in the Proclamation, this Part shall cease to have effect,
and, on the date so specified, this Part shall be deemed to be repealed and
the provisions of section 8 of the Acts Interpretation Act 1901-1963 shall
apply as if this part had been repealed by an Act other than this Act.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 71.
Prohibition of slave trade and forced labour.
SECT
PART IX-MISCELLANEOUS
Sub-section (1) amended by No. 123, 1971, s. 25.
71. (1) The slave trade is prohibited in Papua New Guinea.
Amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 34.
(2) Forced labour is prohibited in Papua New Guinea except in such
circumstances as are permitted by the Convention Concerning Forced or
Compulsory Labour adopted by the International Labour Organization and
approved by Australia on 2nd November, 1931, or any Convention replacing or
amending that Convention.
Section 72 repealed by No. 27, 1963, s. 11.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 73.
Grant of pardon, remission, &c.
SECT
Sub-section (1) amended by No. 41, 1954, s. 15; No. 123, 1971, s. 25; and No.
120, 1973, ss. 30 and 34.
73. (1) The High Commissioner may, by warrant under his hand, grant to any
offender convicted by a Court exercising criminal jurisdiction in Papua New
Guinea (not being an offender sentenced to death) a pardon, either free or
conditional, or a remission or commutation of sentence, or a respite, for such
period as he thinks fit, of the execution of sentence, and may remit any
fines, penalties and forfeitures, due or accrued to the Government.
Added by No. 41, 1954, s. 15; amended by No. 123, 1971, s. 25.
(2) The Governor-General may, by warrant under his hand, grant to an
offender sentenced to death by a Court exercising criminal jurisdiction in
Papua New Guinea a pardon, either free or conditional, or a remission or
commutation of sentence, or a respite, for such period as he thinks fit, of
the execution of sentence.
Added by No. 15, 1957, s. 6; amended by No. 123, 1971, s. 25; and No. 120,
1973, s. 34.
(3) Where an offence has been committed in Papua New Guinea, or where an
offence has been committed outside Papua New Guinea for which the offender may
be tried in Papua New Guinea, the High Commissioner may, by warrant under his
hand, grant a pardon to any accomplice who gives evidence that leads to the
conviction of the principal offender or any of the principal offenders.
Section 74 repealed by No. 123, 1971, s. 22.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 75.
Public Funds.
SECT
Sub-section (1) amended by No. 123, 1971, s. 25.
75. (1) The revenues of Papua New Guinea shall be available for defraying
the expenditure of Papua New Guinea.
Amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 34.
(2) The receipt, expenditure and control of revenues and moneys of Papua New
Guinea shall be regulated as provided by enactment.
Amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 34.
(3) No revenues or moneys of Papua New Guinea shall be issued or expended
except under appropriation made by law, and except by warrant under the hand
of the High Commissioner.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 75A.
Guarantee by Commonwealth in respect of public loans.
SECT
Inserted by No. 4, 1960, s. 3.
Sub-section (1) amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 31.
75A. (1) Where any moneys are borrowed by the Government by way of a public
loan, the Commonwealth is deemed, by force of this section, to guarantee the
due payment of all moneys (including interest) payable by the Government under
the terms and conditions in accordance with which the moneys are borrowed and
the provisions relating to public loans contained in the laws of Papua New
Guinea in force at the time of the borrowing.
Inserted by No. 120, 1973, s. 31.
(1A) Sub-section (1) extends to the guarantee of the payment of moneys
payable by the Government on or after the date on which Papua New Guinea
becomes an independent sovereign state, being moneys payable in respect of
moneys borrowed before that date.
Amended by No. 123, 1971, s. 25; and No. 120, 1973, s. 31.
(2) In this section, ''public loan'' means a loan under the laws of Papua
New Guinea relating to the borrowing of moneys by the Government.
Section 76 repealed by No. 120, 1973, s. 32.
* * * * * * * *
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 77.
Inquiries, &c., for purposes of enactments.
SECT
Amended by No. 84, 1966, s. 12; No. 120, 1973, s. 34; and No. 216, 1973, s.
3.
77. The regulations may make provision for or in relation to-
(a) the holding of inquiries in the Commonwealth or in any Territory for
the purposes of any enactment, including the summoning and examination of
witnesses;
(b) the requiring of statutory declarations for the purposes of any such
inquiry; and
(c) the imposition of penalties, not exceeding a fine of One hundred
dollars or imprisonment for three months, for offences against the regulations
made in pursuance of this section.
PAPUA NEW GUINEA ACT 1949-1973 - SECT. 78.
Regulations.
SECT
78. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which, by this Act, are required or permitted to
be prescribed or provided by the regulations.
-----------
PAPUA NEW GUINEA ACT 1949-1973 - SECOND SCHEDULE
SCH
THE SCHEDULES
First Schedule repealed by No. 47, 1960, s. 13.
* * * * * * * *
Section 5
SECOND SCHEDULE
THE TERRITORY OF NEW GUINEA
The north-eastern part of the island of New Guinea, the Bismarck Archipelago
(comprising New Britain, New Ireland, New Hanover, the Admiralty Islands and
outlying groups), the northern islands Buka and Bougainville, of the Solomons
Group and all other islands, contained within an area bounded by a line
commencing at the intersection of the meridian 141# east longitude with the
parallel 5# south latitude, thence bearing north along the said meridian 141#
east longitude to its intersection with the Equator, thence bearing east along
the said Equator to its intersection with the meridian 160# east longitude,
thence bearing south along the said meridian 160# east longitude to its point
of intersection with the parallel 4#50' south latitude, thence bearing west
along the said parallel 4# 50' south latitude to its intersection with the
meridian 159# east longitude, thence bearing generally south westerly to a
point which lies 6 nautical miles north 42# east true from Cape Friendship
thence bearing generally southerly to a point which lies 4 nautical miles
north 70# 30' east true from Cape Friendship, thence bearing generally south
westerly to a point which lies 3 nautical miles south true from the southern
point of the Peninsular which bounds the harbour of Tonolei on the east,
thence bearing generally south westerly to a point which lies 3 nautical miles
south true from Moila Point (previously shown as Komalei Point on German
Admiralty Chart No. 100) thence bearing generally westerly to a point which
lies 8 nautical miles south 69# west true from the aforesaid Moila Point,
thence south westerly to the intersection of the meridian 154# east longitude
with the parallel 8# south latitude, thence continuing westerly along the said
parallel 8# south latitude to its intersection with the meridian 147# east
longitude thence generally north westerly to the point of intersection of the
meridian 144# east longitude with the parallel 6# south latitude thence north
westerly to the point of commencement.
PAPUA NEW GUINEA ACT 1949-1973 - THIRD SCHEDULE
SCH
Section 5
Substituted by No. 69, 1973, s. 8.
THIRD SCHEDULE
THE TERRITORY OF PAPUA
The south-eastern part of the island of New Guinea contained within an area
bounded by a line that commences at the intersection of the rhumb line that
commences at a point 9# 23' south latitude, 140# 52' east longitude and
terminates at a point 9# 08' 08'' south latitude, 141# 01' 10'' east longitude
by the coastline at mean low water (or, if at any time that rhumb line is not
intersected by the coastline at mean low water, by a line that commences at
the intersection of the meridian 141# 01' 10'' east longitude by the coastline
at mean low water) and runs thence eastward along the coastline at mean low
water as far as East Cape, thence north-westward along the coastline at mean
low water as far as the parallel 8# south latitude in the neighbourhood of
Mitre Rock, thence west along that parallel to the meridian 147# east
longitude, thence in a north-westerly direction to the point of intersection
of the parallel 6# south latitude and of the meridian 144# east longitude,
thence in a west-north-westerly direction to the point of intersection of the
parallel 5# south latitude and of the meridian 141# east longitude, thence
south along that meridian to the most northerly intersection of that meridian
with the Fly River, thence along the waterway of the Fly River to its most
southerly intersection with the meridian 141# 01' 10'' east longitude, thence
south along that meridian to the point of commencement (or, if the point of
commencement is not on that meridian, to a point 9# 08' 08'' south latitude,
141# 01' 10'' east longitude, thence south-westerly along the rhumb line
previously mentioned to the point of commencement), together with the
Trobriand, Woodlark, D'Entrecasteaux, and Louisiade Groups of Islands and all
other Islands lying between the parallels 8# and 12# south latitude and
between the meridians 141# and 155# east longitude and not forming part of the
State of Queensland, and furthermore including all Islands and Reefs lying in
the Gulf of Papua to the northward of the parallel 8# south latitude.
PAPUA NEW GUINEA ACT 1949-1973 - FOURTH SCHEDULE
SCH
Section 5
FOURTH SCHEDULE
TRUSTEESHIP AGREEMENT FOR THE MANDATED TERRITORY OF NEW GUINEA AS APPROVED BY
THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 13TH DECEMBER, 1946.
The Territory of New Guinea has been administered in accordance with Article
22 of the Covenant of the League of Nations and in pursuance of a Mandate
conferred upon His Britannic Majesty and exercised on His behalf by the
Government of the Commonwealth of Australia.
The Charter of the United Nations, signed at San Francisco on 26 June 1945,
provides by Article 75 for the establishment of an international trusteeship
system for the administration and supervision of such territories as may be
placed thereunder by subsequent individual agreements.
The Government of Australia now undertakes to place the Territory of New
Guinea under the trusteeship system, on the terms set forth in the present
Trusteeship Agreement.
Therefore the General Assembly of the United Nations, acting in pursuance of
Article 85 of the Charter, approves the following terms of trusteeship for the
Territory of New Guinea, in substitution for the terms of the Mandate under
which the Territory has been administered:
ARTICLE 1
The Territory to which this Trusteeship Agreement applies (hereinafter
called the Territory) consists of that portion of the island of New Guinea and
the groups of islands administered therewith under the Mandate dated 17
December 1920, conferred upon His Britannic Majesty and exercised by the
Government of Australia.
ARTICLE 2
The Government of Australia (hereinafter called the Administering Authority)
is hereby designated as the sole authority which will exercise the
administration of the Territory.
ARTICLE 3
The Administering Authority undertakes to administer the Territory in
accordance with the provisions of the Charter and in such a manner as to
achieve in the Territory the basic objectives of the international trusteeship
system, which are set forth in Article 76 of the Charter.
ARTICLE 4
The Administering Authority will be responsible for the peace, order, good
government and defence of the Territory and for this purpose will have the
same powers of legislation, administration and jurisdiction in and over the
Territory as if it were an integral part of Australia, and will be entitled to
apply to the Territory, subject to such modifications as it deems desirable,
such laws of the Commonwealth of Australia as it deems appropriate to the
needs and conditions of the Territory.
ARTICLE 5
It is agreed that the Administering Authority, in the exercise of its powers
under Article 4, will be at liberty to bring the Territory into a customs,
fiscal or administrative union or federation with other dependent territories
under its jurisdiction or control, and to establish common services between
the Territory and any or all of these territories, if in its opinion it would
be in the interests of the Territory and not inconsistent with the basic
objectives of the trusteeship system to do so.
ARTICLE 6
The Administering Authority further undertakes to apply in the Territory the
provisions of such international agreements and such recommendations of the
specialized agencies referred to in Article 57 of the Charter as are, in the
opinion of the Administering Authority, suited to the needs and conditions of
the Territory and conducive to the achievement of the basic objectives of the
trusteeship system.
ARTICLE 7
The Administering Authority may take all measures in the Territory which it
considers desirable to provide for the defence of the Territory and for
maintenance of international peace and security.
ARTICLE 8
The Administering Authority undertakes that in the discharge of its
obligations under Article 3 of this agreement:
1. it will co-operate with the Trusteeship Council in the discharge of all
the Council's functions under Articles 87 and 88 of the Charter;
2. it will, in accordance with its established policy:
(a) take into consideration the customs and usages of the inhabitants of
New Guinea and respect the rights and safeguard the interests both present and
future of the indigenous inhabitants of the Territory; and in particular
ensure that no rights over native land in favour of any person not an
indigenous inhabitant of New Guinea may be created or transferred except with
the consent of the competent public authority;
(b) promote, as may be appropriate to the circumstances of the Territory,
the educational and cultural advancement of the inhabitants;
(c) assure to the inhabitants of the Territory, as may be appropriate to
the particular circumstances of the Territory and its peoples a progressively
increasing share in the administrative and other services of the Territory;
(d) guarantee to the inhabitants of the Territory, subject only to the
requirements of public order, freedom of speech, of the press, of assembly and
of petition, freedom of conscience and worship and freedom of religious
teaching.
PAPUA NEW GUINEA ACT 1949-1973 - FIFTH SCHEDULE
SCH
Section 18
Substituted by No. 123, 1971, s. 23; amended by No. 120, 1973, s. 34.
FIFTH SCHEDULE
OATH
I, A.B., do swear that I will be faithful and bear true allegiance to Her
Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law,
that I will well and truly serve Her in the office of High Commissioner (or
Acting High Commissioner or Deputy High Commissioner) of Papua New Guinea and
that I will faithfully and impartially perform the duties of that office. So
help me God)
AFFIRMATION
I, A.B., do solemnly and sincerely promise and declare that I will be
faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second,
Her Heirs and Successors according to law, that I will well and truly serve
her in the office of High Commissioner (or Acting High Commissioner or Deputy
High Commissioner) of Papua New Guinea and that I will faithfully and
impartially perform the duties of that office.
PAPUA NEW GUINEA ACT 1949-1973 - SIXTH SCHEDULE
SCH
Section 36
Amended by No. 27, 1963, s. 12; and No. 123, 1971, s. 25.
SIXTH SCHEDULE
OATH
I, A.B., do swear that I will render true and faithful service as a member
of the House of Assembly for Papua New Guinea. So help me God)
AFFIRMATION
I, A.B., do solemnly and sincerely promise and declare that I will render
true and faithful service as a member of the House of Assembly for Papua New
Guinea.
PAPUA NEW GUINEA ACT 1949-1973 - SEVENTH SCHEDULE
SCH
Section 59
Amended by No. 41, 1954, s. 16; No. 123, 1971, s. 24; and No. 120, 1973, s.
33.
SEVENTH SCHEDULE
OATH
I, A.B., do swear that I will well and truly serve in the office of Chief
Justice (or Judge as the case may be) of the Supreme Court of Papua New Guinea
and that I will do right to all manner of people according to law, without
fear or favour, affection or ill-will: So help me God)
AFFIRMATION
I, A.B., do solemnly and sincerely promise and declare that I will well and
truly serve in the office of Chief Justice (or Judge as the case may be) of
the Supreme Court of Papua New Guinea and that I will do right to all manner
of people according to law, without fear or favour, affection or ill-will.
PAPUA NEW GUINEA ACT 1949-1973 - EIGHTH SCHEDULE
SCH
Section 23
Substituted by No. 25, 1968, s. 14; amended by No. 123, 1971, s. 25; and No.
120, 1973, s. 34.
EIGHTH SCHEDULE
OATH
I, A.B., do swear that, except as may be required by law, I will not divulge
any information (including the contents of any document) of which I have
become aware by reason of my membership of the Executive Council of Papua New
Guinea, or anything said or done by myself or any other member of the Council
at a meeting of the Council: So help me God)
AFFIRMATION
I, A.B., do solemnly and sincerely promise and declare that, except as may
be required by law, I will not divulge any information (including the contents
of any document) of which I have become aware by reason of my membership of
the Executive Council of Papua New Guinea or anything said or done by myself
or any other member of the Council at a meeting of the Council.
PAPUA NEW GUINEA ACT 1949-1973 - NINTH SCHEDULE
SCH
Section 29
Added by No. 25, 1968, s. 14; amended by No. 120, 1973, s. 34.
NINTH SCHEDULE
OATH
I, A.B., do swear that, except in the course of my duties or as may be
required by law, I will not divulge any information (including the contents of
any document) of which I have become aware by reason of my holding the office
of Minister of the House of Assembly: So help me God)
AFFIRMATION
I, A.B., do solemnly and sincerely promise and declare that, except in the
course of my duties or as may be required by law, I will not divulge any
information (including the contents of any document) of which I have become
aware by reason of my holding the office of Minister of the House of
Assembly.
TENTH SCHEDULE
Repealed by No. 69, 1973, s. 9.
* * * * * * * *
------------------------------------------------------------------------------
--
PAPUA NEW GUINEA ACT 1949-1973 - NOTES
NOTES
1. The Papua New Guinea Act 1949-1973 comprises the Papua and New Guinea Act
1949 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------
Papua and New Guinea Act
1949 No. 9, 1949 25 Mar 1949 1 July 1949
(see
Gazette 1949,
p.
1897)
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Papua and New Guinea Act
1954 No. 41, 1954 29 Oct 1954 29 Oct 1954
Papua and New Guinea Act
1957 No. 15, 1957 25 May 1957 25 May 1957
Papua and New Guinea Act
1960 No. 4, 1960 5 May 1960 31 Mar 1960
Papua and New Guinea Act
(No. 2) 1960 No. 47, 1960 17 Oct 1960 Ss. 4, 5, 6
and
14: 10 Apr
1961
(see Gazette
1961, p. 1333)
Ss. 8, 10, 11,
12
and 15: 9 Dec
1960 (see
Gazette
1960, p. 4325)
Remainder:
Royal
Assent
Papua and New Guinea Act
1963 No. 27, 1963 30 May 1963 Ss. 3, 4, 5,
9,
12 and 13: 18
Nov
1963 (see
Gazette
1963, p. 3600)
S. 6: 8 June
1964
(see Gazette
1964, p. 1767)
S. 8: 1 July
1965
(see Gazette
1965, p. 2545)
Remainder:
Royal
Assent
Papua and New Guinea Act
1964 No. 103, 1964 20 Nov 1964 20 Nov 1964
Papua and New Guinea Act
1965 No. 84, 1966 29 Oct 1966 Ss. 3, 8 and
11:
1 Mar 1969
(see
Gazette 1969,
p.
1358A)
Remainder:
Royal
Assent
Papua and New Guinea Act
1968 No. 25, 1968 27 May 1968 27 May 1968
Papua and New Guinea Act
(No. 2) 1968 No. 157, 1968 10 Dec 1968 10 Dec 1968
Papua and New Guinea Act
1971 No. 58, 1971 25 May 1971 25 May 1971
Papua New Guinea Act 1971 No. 123, 1971 13 Dec 1971 Ss. 1, 2 and
22:
Royal Assent
Ss. 5-9, 16-21
and 23-27: 27
Dec
1971
S. 11: 3 Aug
1972
(see Gazette
1972, No. 68A,
p.
1)
Remainder: 20
Apr
1972 (see
Gazette
1972, No. 31,
p.
1)
Papua New Guinea Act 1972 No. 74, 1972 5 Sept 1972 5 Sept 1972
Papua New Guinea Act 1973 No. 69, 1973 18 June 1973 (a)
Papua New Guinea Act (No.
2) 1973 No. 120, 1973 30 Oct 1973 Ss. 1, 2, 3,
26,
27, 28 and
Part
III: Royal
Assent
Ss. 4-25 and
29-34: 1 Dec
1973
(see Gazette
1973, No.
170B,
p. 1)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------
(a) Section 2 of the Papua New Guinea Act 1973 provides as follows:
''2. (1) Subject to this section, this Act shall come into operation on
the day on which it receives the Royal Assent.
''(2) Sub-section 3 (1) and sections 5 and 8 shall come into operation on
a date to be fixed by Proclamation.
''(3) Sub-section 3 (2) and sections 4, 6, 9 and 10 shall come into
operation, or shall be deemed to have come into operation, as the case
requires, on the date of commencement of the Papua New Guinea (Staffing
Assistance) Act 1973.''
The date fixed under sub-section 2 (2) was 3 December 1974 (see Gazette
1974, No. 98A, p. 1).
The date fixed for the commencement of the Papua New Guinea (Staffing
Assistance) Act 1973 was 1 December 1973 (see Gazette 1973, No. 178A, p. 1).
2.-S. 33-See also the Papua and New Guinea (Application of Laws) Act 1973 and
Statutory Rules 1973, No. 243; and 1974, Nos. 94, 120 and 221.