Papua Act 1924 (Cth)

 

PAPUA.

No. 25 of 1924.

An Act to amend the Papua Act 1905-1920.

[Assented to 26th September, 1924.]

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 Papua Act 1924.

(2.) The Papua Act 1905-1920 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Papua Act 1905-1924.

Definition of Minister.

2.Section four of the Principal Act is amended by omitting therefrom the definition of “The Minister”.

 

3. Section thirteen of the Principal Act is repealed and the following section inserted in its stead:—

Continuance of office of Administrator and provision for Acting Lieutenant-Governor.

“13.—(1.) The person holding the office of Administrator at the commencement of this section shall, so long as he remains an officer of the Public Service of the Territory, continue to hold that office and to have all the powers and functions possessed and exercisable by him immediately prior to the commencement of this section.

“(2.) Upon the person referred to in the last preceding subsection ceasing to hold the office of Administrator, or in the event of the absence of that person or his inability through illness to perform the duties of Administrator, the senior official member of the Executive Council present in the Territory at any time when the office of Lieutenant-Governor is vacant, or when the Lieutenant-Governor is absent from the Territory or unable through illness to perform his duties, shall be Acting Lieutenant-Governor, and in that capacity shall have and may exercise all the powers and functions of the Lieutenant-Governor.”.

Native lands.

4.Section twenty of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(2.) Notwithstanding anything contained in this section the Lieutenant-Governor may—

(a) transfer Crown land to natives; and

(b) accept transfers from natives of land in exchange for any land transferred to them under the last preceding paragraph.

“(3.) The Lieutenant-Governor may, by order published in the Gazette of the Territory, cancel any lease or purchase of land from natives (where the lessee or purchaser has not transferred the land to any other person) and, upon the publication of the order, the land referred to therein shall revest in the persons entitled to the land immediately prior to the lease or purchase, for such estate as they then had in the land.”.

Executive Council.

5.Section twenty-two of the Principal Act is amended by omitting sub-section (2.) thereof and inserting in its stead the following sub-sections:—

“(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 member of the Executive Council.”.

Meetings of Executive Council.

6. Section twenty-four of the Principal Act is amended by omitting from sub-section (2.) thereof the word “two” and inserting in its stead the word “three”.

President at meetings of Executive Council.

7. Section twenty-five of the Principal Act is amended by inserting in sub-section (2.) thereof, after the word “senior”, the word “official”.

Legislative Council.

8. Section twenty-nine of the Principal Act is amended by omitting sub-sections (2.) and (3.) thereof and inserting in their stead, the following sub-sections:—

“(2.) The Legislative Council shall consist of—

(a) the Lieutenant-Governor;

(b)the official members of the Executive Council; and

(c) five non-official members who shall be nominated by the Lieutenant-Governor and appointed by the Governor-General.

“(3.) One of the non-official members of the Legislative Council shall be nominated by the Lieutenant-Governor as representing the interests of the Christian missions in the Territory.”.

Presidency of the Legislative Council.

9. Section thirty-two of the Principal Act is amended by inserting in sub-section (2.) thereof, after the word “senior”, the word “official”.

10. After section thirty-three of the Principal Act the following section is inserted:—

Minutes of meetings.

“33a.—(1.) The Legislative Council shall cause minutes of its meetings to be kept.

(2.) At the end of each quarter the Lieutenant-Governor shall forward to the Minister a copy of the minutes of the meetings of the Legislative Council held during that quarter.”.

Civil List.

11. Section forty-nine of the Principal Act is amended—

(a) by omitting the words “One thousand two hundred and fifty” and inserting in their stead the words “One thousand eight hundred”;

(b)by omitting the words “One thousand” and inserting in their stead the words “One thousand two hundred”;

(c) by omitting the words “the Chief Judicial Officer” and inserting in their stead the words “each Judge”; and

(d)by adding at the end thereof the following proviso:—

“Provided that, when the offices of Lieutenant-Governor and. Judge are held by the same person, that person shall be entitled to receive only the salary of the Lieutenant-Governor.”.