NEW GUINEA.
No. 25 of 1920.
An Act to make provision for the Acceptance of a Mandate for the Government of certain Territories and Islands in the Pacific Ocean, and to make immediate provision for the Civil Government of the said Territories and Islands, and for other purposes.
[Assented to 30th September, 1920.]
Preamble.
WHEREAS on the seventeenth day of September, 1914, the Territories and Islands hereinafter mentioned (then being possessions of the German Empire) were conquered by and surrendered to the Naval and Military Forces of the Commonwealth:
And whereas by the Treaty of Peace with Germany signed at Versailles on the twenty-eighth day of June, 1919, Germany renounced in favour of the Principal Allied and Associated Powers all her rights and titles over the said Territories and Islands:
And whereas the said Territories and Islands are now occupied by the Commonwealth:
And whereas it has been agreed by the representatives of the Principal Allied and Associated Powers that a Mandate for the Government of the said Territories and Islands should be conferred on the Commonwealth of Australia:
And whereas under the Covenant of the League of Nations contained in the said Treaty a Mandate is to be issued to the Commonwealth of Australia for the Government of the Territories and Islands formerly constituting German New Guinea (in which expression are included Kaiser Wilhelm’s Land, the Bismarck Archipelago, the German Solomon Islands, the Admiralty Group, and all other German Pacific Possessions south of the Equator other than the German Samoan Islands and the Island of Nauru), with full power to administer the same, subject to the terms of the Mandate, as an integral part of the Territory of the Commonwealth:
And whereas it is expedient to make provision for the acceptance of the Mandate so to be issued:
And whereas it is also expedient to make immediate provision for the Civil Government of the said Territories and Islands:
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:—
Preliminary.
Short title.
1. This Act may be cited as the New Guinea Act 1920.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Definitions.
3. In this Act, unless the contrary intention appears—
“The Territory” means the Territory of New Guinea;
“The Administrator” means the Administrator of the Territory; and
“The Minister” means the Minister administering this Act.
The Territory.
The Territory of New Guinea.
4. The Territories and Islands formerly constituting German New Guinea, as specified in the Preamble to this Act, are hereby declared to be a Territory under the authority of the Commonwealth, by the name of the Territory of New Guinea.
Authority to accept mandate.
5. The Governor-General is hereby authorized to accept the Mandate for the Government of the Territory when issued to the Commonwealth under the Covenant of the…
Overview
The New Guinea Act 1920 was enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to address the need for formal governance over the territories and islands in the Pacific Ocean, previously under German control, which had been conquered and occupied by the Commonwealth's forces during World War I. The Act was introduced in response to the Treaty of Versailles, under which Germany ceded its rights over these territories to the Principal Allied and Associated Powers, who agreed to confer a mandate on Australia. This legislation established the legal framework for the acceptance of this mandate and the immediate administration of the Territory of New Guinea, including provisions for governance, the appointment of an Administrator, and the making of ordinances until further legislation was enacted by the Australian Parliament. The policy objective was to ensure orderly and lawful governance of these territories in accordance with the terms of the League of Nations mandate.
Scope and Application
The New Guinea Act 1920 applies to the Territory of New Guinea, previously known as German New Guinea, which now includes the Bismarck Archipelago, the German Solomon Islands, the Admiralty Group, and other German Pacific possessions south of the Equator, excluding the German Samoan Islands and the Island of Nauru. This Act was enacted to facilitate the acceptance of a Mandate for the government of these territories by the Commonwealth of Australia under the League of Nations and to establish civil government in these territories. The Act provides for the appointment of an Administrator to oversee the administration of the territory on behalf of the Commonwealth, who is responsible for executing the powers and functions as per the terms of their commission and any instructions from the Governor-General. The Act also outlines the processes for the appointment of acting administrators and deputies, and mandates that the Administrator take an oath of allegiance and another oath specific to their role before assuming office. Additionally, the Act specifies that Commonwealth laws do not automatically apply to the Territory unless explicitly stated or applied through ordinances made by the Governor-General. The Act also imposes certain prohibitions and guarantees, such as the prohibition of the slave trade, forced labour, and military training of natives for purposes other than local defence, as well as the regulation of arms and ammunition trade and the prohibition of supplying intoxicating spirits to natives. The Governor-General is required to submit an annual report to the Council of the League of Nations detailing the measures taken to enforce these provisions and the progress of the native inhabitants.
Key Provisions
- The New Guinea Act 1920 outlines the legal framework for the administration of the Territory of New Guinea, which includes the former German territories in the Pacific Ocean. The Act establishes the Territory of New Guinea as a possession of the Commonwealth, and it grants the Governor-General the authority to accept a mandate for the government of the Territory under the League of Nations. The Administrator of the Territory, appointed by the Governor-General, is responsible for administering the government on behalf of the Commonwealth (sections 4, 6, and 8).
- The Act imposes specific obligations on the Administrator, including the requirement to take an oath of allegiance and to exercise powers and functions as specified in their commission and any instructions from the Governor-General (section 11). The Administrator may appoint deputies to assist in the administration of the Territory, subject to any limitations set by the Governor-General (section 10). The Governor-General has the authority to make ordinances for the government of the Territory until the Parliament provides otherwise (section 14).
- The Act also sets out several prohibitions and guarantees within the Territory. It prohibits the slave trade, forced labour, and the traffic in arms and ammunition, in accordance with the principles of the General Act of the Brussels Conference (section 15(1)-(3)). It also prohibits the supply of intoxicating spirits and beverages to natives, military training of natives for purposes other than internal police and local defence, and the establishment of military or naval bases or fortifications (section 15(4)-(6)). The Act guarantees freedom of conscience and the free exercise of worship, subject to public order and morality ordinances (section 15(7)).
- Breaches of these provisions may result in criminal or civil consequences. While the Act does not explicitly state maximum penalties, breaches of similar mandates under international law have been known to result in severe penalties, including imprisonment and fines. Additionally, failure to comply with the reporting requirements to the League of Nations may lead to diplomatic repercussions and potential review by the Council of the League of Nations (section 16).
- Area of Law
- International Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegated & Subordinate Legislation
- Reporting & Disclosure Obligations
- Prohibited Conduct