NEW GUINEA.
No.
51 of 1932.
An
Act to amend the New Guinea Act 1920–1926.
[Assented
to 28th November, 1932.]
BE it
enacted by the King’s Most Excellent Majesty, the Senate, and the House of
Representatives of the Commonwealth of Australia, as follows:—
Short
title and citation.
1.—(1.) This Act may be cited as the New Guinea Act 1932.
(2.) The New Guinea Act 1920–1926
is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the New Guinea Act 1920–1932.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Definitions.
3. Section three of the Principal Act is amended by inserting, before
the definition of “The Territory”, the following definitions:—
“‘Ordinance’
means an Ordinance made by the Legislative Council;
‘The
Executive Council’ means the Executive Council for the Territory;
‘The
Legislative Council’ means the Legislative Council for the Territory;”.
4. After section eleven of the Principal Act the following headings
and sections are inserted:—
“The
Executive Council.
Executive
Council.
“12.—(1.) There shall be an
Executive Council for the Territory, to advise and assist the Administrator.
“(2.) The Executive Council shall consist of nine
members who shall be appointed by the Governor-General and shall hold their
places in the Council during his pleasure.
“(3.) Eight of the members of the Executive Council
(in this Act referred to as ‘official members’) shall be officers of the
Territory and one member shall be chosen by and from the non-official members
of the Legislative Council.
“(4.) In the event of the non-official members of
the Legislative Council failing to choose one of their number for appointment
as a member of the Executive Council, the Governor-General may appoint a
non-official member of the Legislative Council, or any other person, not being
an officer of the Territory, to be a member of the Executive Council.
“(5.) If the non-official member of the Executive
Council becomes an officer of the Territory he shall thereupon vacate his place
as a member of the Executive Council.
“(6.) Where on account of illness or absence from
the Territory any official member is unable to perform his duties as a member
of the Executive Council, the Governor-General may appoint some other officer
of the Territory to act as a member of the Executive Council in his stead, and
the officer so appointed shall during such illness or absence from the
Territory, exercise and perform all the powers and functions of a member of the
Executive Council.
Seniority
of members of Executive Council.
“13. The members of the
Executive Council shall have seniority as the Governor-General specially
assigns, and, in default of such assignment of seniority, according to the
priority of their appointment, or, if appointed by the same instrument,
according to the order in which they are named therein.
Meetings
of Executive Council.
“14.—(1.) The Executive
Council shall not proceed to the despatch of business unless summoned by
authority of the Administrator.
“(2.) The
presence of at least three members (exclusive of the Administrator or the
member presiding) shall be necessary to constitute a meeting of the Executive
Council for the despatch of business.
President
at meetings.
“15.—(1.) The Administrator
shall preside at all meetings of the Executive Council at which he is present
“(2.) In his
absence, such member as he appoints, or, in default of such appointment or in
the absence of that member, the senior official member of the Council who is
present, shall preside.
Minutes
of Executive Council meetings.
“16. Minutes of the
proceedings at all meetings of the Executive Council shall be kept, and copies
of the minutes relating to each meeting shall be transmitted by the
Administrator to the Minister as soon as practicable after the meeting is held.
Submission
of questions to Council.
“17. The Administrator only
shall be entitled to submit questions to the Executive Council for advice or
decision; but if the Administrator declines to submit any question to the
Council when requested in writing by any member so to do, that member may
require that his written request, together with the answer of the Administrator
thereto, be recorded on the minutes.
Administrator
may act in opposition to advice.
“18.—(1.) The Administrator
may in any case, if he thinks fit, act in opposition to the advice or decision
of the Executive Council; but in that case he shall forthwith fully report the
matter to the Minister with his reasons for his action.
“(2.) In any case any member of the Executive
Council may require that the grounds of advice or opinion which he gives upon
any question be recorded at length.
“The
Legislative Council.
Legislative
Council.
“19.—(1.) There shall be a
Legislative Council for the Territory.
“(2.) The
Legislative Council shall consist of—
(a) The
Administrator;
(b) The
official members of the Executive Council (including any officer appointed to
act in place of an official member in pursuance of sub-section (6.) of section
twelve of this Act; and
(c) Seven
non-official members who shall be nominated by the Administrator and appointed
by the Governor-General.
“(3.) Every
non-official member may be removed at any time by the Governor-General, and
shall vacate his seat at the end of four years from the date of his
appointment, but may be re-appointed.
“(4.) Whenever
the Administrator wishes to obtain the views of any person within the Territory
touching any matters about to be brought before the Council, he may by writing
under his hand appoint that person to be an extraordinary member of the Council
for the period or periods during which the Council is dealing with those
matters.
“(5.) An
extraordinary member shall not be entitled to vote at any meeting of the
Council.
Quorum.
“20. The presence of at least
one-third of the members (other than extraordinary members) of the Legislative
Council (including the Administrator or the member presiding) shall be
necessary to constitute a meeting of the Council for the exercise of its
powers.
Seniority
of members of Legislative Council.
“21. The members of the
Legislative Council shall have seniority as the Governor-General specially
assigns, and, in default of such assignment of seniority, according to the
priority of their appointment, or, if appointed by the same instrument,
according to the order in which they are named therein.
Presidency
of Legislative Council.
“22.—(1.) The Administrator
shall preside at all meetings of the Legislative Council at which he is
present.
“(2.) In his
absence the senior official member of the Legislative Council who is present
shall preside.
Voting
in Legislative Council.
“23.—(1.) Questions arising in
the Legislative Council shall be determined by a majority of votes.
(2.) The Administrator or member presiding shall in
all cases be entitled to vote, and shall also, if the numbers are equal, have a
casting vote.
Minutes
of meetings.
“24.—(1.) The Legislative
Council shall cause minutes of its meetings to be kept.
“(2.) As soon as
practicable after each meeting of the Legislative Council, the Administrator
shall forward to the Minister a copy of the minutes relating to the meeting.
Standing
rules and orders.
“25. The Legislative Council
may make standing rules and orders with respect to the order and conduct of its
business and proceedings:
Provided that such rules and orders
shall not be repugnant to any instructions from the Governor-General.
Proposal
of money votes.
“26. An ordinance, vote,
resolution, or question, the object or effect of which is to dispose of or
charge any part of the revenue of the Territory, shall not be proposed in the Legislative
Council except by the Administrator, unless this proposal has been expressly
allowed or directed by him.
Legislative
power.
“27. Subject to this Act, the
Legislative Council shall have power to make Ordinances for the peace, order,
and good government of the Territory.
Prohibition
of import duties discriminating against the Commonwealth.
“28. The Legislative Council
shall not by any Ordinance impose higher duties upon the importation into the
Territory of any goods produced or manufactured in or imported from Australia
than are imposed on the importation into the Territory of the like goods produced
or manufactured in or imported from other countries.
Assent
to Ordinances.
“29.—(1.) An Ordinance passed
by the Legislative Council shall not have any force until it has been assented
to as hereinafter provided.
“(2.) Every
Ordinance passed by the Legislative Council shall be presented to the
Administrator for assent.
“(3.) The Administrator shall thereupon declare, according to his
discretion, but subject to this Act, and to the instructions of the
Governor-General, that he assents thereto, or that he withholds assent, or that
he reserves the Ordinance for the Governor-General’s pleasure.
Disallowance
of Ordinances assented to
“30. Within six months from
the Administrator’s assent to any Ordinance the Governor-General may disallow
the Ordinance, and the disallowance on being published by the Administrator
within the Territory shall annul the Ordinance from the date of such
publication.
Signification
of pleasure on Ordinance reserved
“31. An Ordinance reserved for
the Governor-General’s pleasure shall not have any force unless and until
within one year from the day on which it was presented to the Administrator for
the Governor-General’s assent the Administrator publishes within the Territory
a notification that it has received the Governor-General’s assent.
Assent
to certain Ordinances.
“32. The Administrator shall
not assent to any Ordinance of any of the following classes, unless the
Ordinance contains a clause suspending its operation until the signification of
the Governor-General’s pleasure thereon:—
(a) Any
Ordinance for divorce;
(b) Any Ordinance dealing with the granting or disposal of Crown Lands;
(c) Any Ordinance whereby any lease or grant
of land or money or any donation or gratuity is made to himself;
(d)Any Ordinance which appears inconsistent with the treaty obligations of the
United Kingdom or of the Commonwealth;
(e) Any Ordinance interfering with the
discipline or control of the naval, military or air forces of the King;
(f) Any Ordinance of an extraordinary
nature or importance, whereby the King’s prerogative, or the rights or property
of subjects of the King not residing in the Territory, or the trade or shipping
of any part of the King’s Dominions, may be prejudiced;
(g)Any Ordinance relating to the sale or disposition of or dealing with lands
by aboriginal natives of the Territory;
(h)Any Ordinance relating to native labour, or providing for the deportation
of aboriginal natives from the Territory, or from one part of the Territory to
another;
(i)Any Ordinance relating to the supply of arms, ammunition, explosives,
intoxicants or opium to natives;
(j) Any Ordinance relating to the
introduction or immigration of aboriginal natives of Australia, Asia, Africa or
any island of the Pacific;
(k) Any Ordinance containing provisions
from which the assent of the Sovereign or of the Governor-General has once been
withheld, or which the Sovereign or the Governor-General has disallowed; and
(l)Any Ordinance relating to any
matter specified in section thirty-six of this Act.
Ordinances
to be laid before Parliament.
“33. Every Ordinance assented
to by the Administrator or by the Governor-General shall, as soon as may be
after being assented to, be laid before both Houses of the Parliament.”.
Heading
amended.
5. The Principal Act is amended by omitting the heading “Laws and
Ordinances” appearing above section thirteen and inserting in its stead the
heading “Application of Commonwealth Acts”.
Application
of Commonwealth laws.
6. Section thirteen of the Principal Act is amended by omitting the
words “by the Governor-General”.
Ordinances.
7.Section fourteen of the Principal Act is repealed, but
all Ordinances made in pursuance of that section, which are in force at the
commencement of this section, shall continue in force until altered or repealed
by an Ordinance made by the Legislative Council in pursuance of the powers
conferred by the Principal Act as amended by this Act.
Report
to Council of League.
8. Section sixteen of the Principal Act is amended by omitting the
word “Governor-General” and inserting in its stead the word “Minister”.
Certain
sections of Principal Act re-numbered.
9.