PAPUA.
No. 9 of 1905.
An Act to provide for the acceptance of British New Guinea as a Territory under the authority of the Commonwealth, and for the Government thereof.
[Assented to 16th November, 1905.]
Letters Patent, 8th June, 1888.
WHEREAS by Letters Patent of Her late Majesty Queen Victoria bearing date the eighth day of June, One thousand eight hundred and eighty-eight, the Territories and Islands therein and herein described were, as and when the same should become part of Her Majesty’s Dominions, constituted and erected into a separate Possession and Government by the name of British New Guinea; that is to say, the southern and south-eastern shores of New Guinea from the one hundred and forty-first meridian of east longitude eastward as far as East Cape, and thence north-westward as far as the eighth parallel of south latitude in the neighbourhood of Mitre Rock, together with the territory lying south of a line from Mitre Rock, proceeding along the said eighth parallel to the one hundred and forty-seventh degree of east longitude, then in a straight line in a north-westerly direction to the point of intersection of the sixth parallel of south latitude and of the. one hundred and forty-fourth degree of east longitude, and continuing in a west-north-westerly direction to the point of intersection of the fifth parallel of south latitude and of the one hundred and forty-first degree of east longitude, together with the Trobriand, Woodlark, D’Entrecasteaux, and Louisiade Groups of Islands and all other Islands lying between the eighth and the twelfth parallels of south latitude and between the one hundred and forty-first and the one hundred and fifty-fifth degrees of east longitude and not forming part of the Colony of Queensland, and furthermore including all Islands and Reefs lying in the Gulf of Papua to the northward of the eighth parallel of south latitude:
Annexation of British New Guinea, 4th September, 1888.
And whereas on or about the fourth day of September, One thousand eight hundred and eighty-eight, the said territory and islands became part of Her Majesty’s Dominions:
Order in Council, 17th May, 1888.
And whereas by an Order of Her late Majesty Queen Victoria in Council, bearing date the seventeenth day of May, One thousand eight hundred and eighty-eight, made under the provisions of the British Settlements Act 1887, it was provided that an appeal should lie from any court of the Possession of British New Guinea to the Supreme Court of Queensland at Brisbane in the matters and in the manner therein set out:
Order in Council, 24th November, 1891.
And whereas by a further Order of Her late Majesty in Council, bearing date the twenty-fourth day of November, One thousand eight hundred and ninety-one, made under the provisions of the British Settlements Act 1887, it was provided that in all Admiralty matters an appeal should lie from the Colonial Court of Admiralty of the Possession of British New Guinea to the Supreme Court…
Overview
The Papua Act 1905 was enacted to formally accept British New Guinea as a territory under the authority of the Commonwealth of Australia, which was then named the Territory of Papua. The Act was passed by the Australian Parliament to address the administrative and legal transition of the territory from British control to Australian federal governance. The policy objective was to ensure a smooth and orderly transfer of power and governance from the British administration to the Australian government, establishing a framework for the effective administration of the Territory of Papua, including the continuity of laws, courts, and public services. The Act also sought to integrate the territory into the broader administrative and legal structures of the Commonwealth of Australia, ensuring that the governance of Papua aligned with the constitutional and legislative framework of the newly formed nation.
Scope and Application
The Papua Act 1905 applies to the Territory of Papua, which was previously the Possession of British New Guinea, and is now under the authority of the Commonwealth of Australia. The Act encompasses the administrative, legislative, judicial, and financial governance of the Territory. It establishes the office of the Lieutenant-Governor, who is appointed by the Governor-General and administers the government on behalf of the Commonwealth. The Act also establishes the Executive Council and the Legislative Council, which consist of official and non-official members, to advise the Lieutenant-Governor and to make Ordinances for the Territory. The Act preserves existing laws, courts, and officers until new provisions are made, and specifies certain matters that require the Governor-General's assent or disallowance of Ordinances passed by the Legislative Council. The Act provides for the High Court to hear appeals from the Central Court and for the Lieutenant-Governor to grant pardons and remissions of sentences. The Act also regulates the public revenues and expenditures of the Territory, including the appropriation of funds for the welfare of infirm or destitute aboriginal natives and the payment of salaries to the Lieutenant-Governor and the Chief Judicial Officer. The Act extends to the Territory unless otherwise provided, and subordinate instruments may further define or restrict its application.
Key Provisions
- The Papua Act 1905 outlines the framework for the acceptance and governance of the Territory of Papua, formerly known as British New Guinea, by the Commonwealth of Australia. Section 5 declares the acceptance of the Possession of British New Guinea as a Territory of Papua under the Commonwealth’s authority. The Act allows for the continuation of existing laws, courts, and officers from British New Guinea until new provisions are established (sections 6, 8, 9). The Act provides for the appointment of a Lieutenant-Governor to administer the Territory, who is to be appointed by the Governor-General and holds office at the Governor-General's pleasure (sections 10, 11). The Lieutenant-Governor is required to take oaths of allegiance and for the impartial administration of justice (section 15). The Act also establishes an Executive Council to advise the Lieutenant-Governor and a Legislative Council to make ordinances for the Territory’s governance (sections 22, 29). The Legislative Council’s ordinances require assent from the Lieutenant-Governor, who may reserve certain ordinances for the Governor-General’s approval (sections 36-42).
- The Act imposes obligations on the Lieutenant-Governor and other officers to uphold the laws and execute their duties in accordance with the Act and the Governor-General’s instructions. The Lieutenant-Governor must ensure that all existing officers continue in their roles until new appointments are made, and any new officers appointed must be approved by the Governor-General (section 17). The Lieutenant-Governor has the authority to appoint deputies and to suspend officers if necessary, subject to the Governor-General’s approval (sections 14, 18). The Act also sets out the procedures for the Lieutenant-Governor to grant pardons and remissions of sentences, with certain restrictions (sections 44, 45). Additionally, the Act details the financial obligations of the Territory, including the appropriation of revenues and the establishment of a civil list for the Lieutenant-Governor and Chief Judicial Officer (sections 46-49).
- The Act also outlines various offences and penalties for breaches of its provisions. Notably, it prohibits the supply of intoxicating liquor to natives and the possession of such liquor by natives in certain areas, with penalties including fines and imprisonment (section 21). The Act does not specify maximum penalties for these offences but refers to fines ranging from Twenty pounds to Two hundred pounds and imprisonment from one month to two years. Offences under the Act are to be tried and punished in accordance with the laws in force in the Territory at the time of the offence. Additionally, any person contravening the Act’s provisions relating to intoxicating liquor may be liable for summary conviction and punishment.
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