Papua and New Guinea Act 1957 (Cth)

PAPUA AND NEW GUINEA.

No. 15 of 1957.

An Act to amend the Papua and New Guinea Act

1949-1954.

[Assented to 25th May, 1957.]

it receives the Royal Assent. • Act No.9, 1949, as amended by No. 80, 1950; and No. 41, 1954.

BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Com-

monwealth of Australia, as follows:-

Short title	1.-(1.) This Act may be cited as the Papua and New Guinea
and citation.

Act 1957.

(2.) The Papua and New Guinea Act 1949-1954* 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 and New Guinea Act 1949-1957.

Commence-	2. This Act shall come into operation on the day on which
ment.

1957. Papua and New Guinea. No. 15.

3. Section thirty-seven of the Principal Act is amended-	Disqualification
for membership
(a) by adding at the end of paragraph (a) of sub-section (1.)	of, or voting in.
the Council.

the word "or";

(b) by omitting from paragraph (b) of sub-section (1.) the

word "or" (last occurring);

(c) by omitting paragraph (c) of sub-section (1.); and

(d) by adding at the end thereof the following sub-sections:-

"(3.) A member of the Legislative Council who

is a party to, or has a direct or indirect interest in,

a contract made by or on behalf of the Commonwealth

under which goods or services are to be supplied to

the Commonwealth or the Administration shall not

take part in a discussion of a matter, or vote on a

question, in the Council where the matter or question

relates directly or indirectly to that contract.

" (4.) All questions concerning the application of

the last preceding sub-section shall be decided by

the Legislative Council, and a contravention of that

sub-section does not affect the validity of anything

done by the Council.".

4. After section thirty-eight of the Principal Act the following

section is inserted:-

" 38A.-(1.) A question respecting the qualification of a	Determination
of Questions

member of the Legislative Councilor respecting a vacancy in

respecting

qualifications

the Council, not being a question of a disputed election, or of a

or vacancies.

disputed return in connexion with an election, to the Council,

may be determined by the Council or may be referred by resolution

of the Council 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 Administrator, or, if

the Administrator is not present at the meeting of the Council

at which the reference is made, the member presiding at the

a statement of the question upon which the determination of	meeting in his absence, shall transmit to the Supreme Court
the Court is desired together with any proceedings, papers,
reports or documents relating to the question in the possession
of the Council.".

5. After section forty-seven of the Principal Act the following

section is inserted:-

"47A. Where a person who has (whether before or after the

Validation of

acts of

commencement of this section) purported to sit or vote as a	Council.
member of the Legislative Council at a meeting of the Council
or of a Committee of the Council-

(a) was not duly qualified to be elected or appointed or to

continue as a member of the Council; or

(b) had vacated his seat as a member of the Council,

No. is, Papua andNew Guinea. 1957.

all things done or purporting to have been done by the Conncil

or that Committee 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 Council, or had not vacated his seat, as the case may be.".

Grant of 6. Section seventy-three of the Principal Act is amended by

pardon,

remission, &c. adding at the end thereof the following sub-section:-

" (3.) Where an offence has been committed in the Territory,

or where an offence has been committed outside the Territory

for which the offender may be tried in the Territory, the

Administrator 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.".

Determination 7. A question respecting the qualification of a member of

of qualifications

of present	the Legislative Council for the Territory of Papua and New
members of
the Council.	Guinea who was elected or appointed as a member before the
commencement of this Act shall be determined as if the
amendments of the Principal Act made by paragraphs (a), (b)
and (c) of section three of this Act had taken effect before the
election or appointment of the member.