Papua New Guinea Act (No. 2) 1973 (Cth)

PAPUA NEW GUINEA ACT (No. 2) 1973 [Note: This Act is "repealed" by Act No. 98 of 1975]
(#DATE 19:12:1973)

Compilation Information 

- Reprinted as at 19 December 1973

PAPUA NEW GUINEA ACT (No. 2) 1973 - TABLE OF PROVISIONS 
TABLE



                    PAPUA  NEW  GUINEA  ACT  (No.  2)  1973



                             TABLE  OF  PROVISIONS



                              PART  I-PRELIMINARY

Section

  1.        Short title

  2.        Commencement



                        PART  II-AMENDMENTS  OF  THE  PRINCIPAL  ACT



  3-34.     Amendments made to the Papua New Guinea Act 1949-1973



                             PART  III-TRANSITIONAL  PROVISIONS



  35.       Interpretation

  36.       Functions performed by Administration and Administrator's
Executive 

            Council

  37.       Rights, liabilities, &c., vested in Government

  38.       Functions performed by specified persons

  39.       Ordinances made under amended provisions

  40.       Certain persons to continue in office

  41.       Modification of section 20 of Principal Act

  42.       Certain Ordinances not assented to

  43.       Proclamations under sub-section 5 (1A) of Principal Act

  44.       Guarantee of public loans raised by Administration

  45.       Audit



                               -----------------

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 1. 
Short title. 
SECT



                              PART  I-PRELIMINARY

  1. (1) This Act may be cited as the Papua New Guinea Act (No. 2) 1973.*

  (2) The Papua New Guinea Act 1949-1972, as amended by the Papua New Guinea
Act 1973, is in this Act referred to as the Principal Act.

  (3) Section 1 of the Papua New Guinea Act 1973 is amended by omitting
sub-section (3).

Sub-section (4) omitted by No. 216, 1973, s. 3.

                         *   *   *   *   *   *   *   *

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 2. 
Commencement. 
SECT

  2. (1) Sections 1, 2, 3, 26, 27 and 28 and Part III shall come into
operation on the day on which this Act receives the Royal Assent.

  (2) The remaining provisions of this Act shall come into operation on such
respective dates as are fixed by Proclamation.*

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 3-34. 
SECT

                  PART  II-AMENDMENTS  OF  THE  PRINCIPAL  ACT



                        3-34.*  *   *   *   *   *   *   *

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 35. 
Interpretation. 
SECT

                       PART  III-TRANSITIONAL  PROVISIONS

  35. A reference in this Part to an amendment, in relation to a provision,
includes a reference to the re-enactment of the provision with or without
modifications.

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 36. 
Functions performed by Administration and Administrator's Executive Council. 
SECT

  36. (1) An act done or decision made by, on behalf of, or in the name of,
the Administration under the Principal Act before the date of commencement of
section 5 has effect on and after that date as if it had been done or made by,
on behalf of, or in the name of, the Government under the Principal Act as
amended by that section.

  (2) An act done or decision made by, on behalf of, or in the name of, the
Administrator's Executive Council of Papua New Guinea under the Principal Act
before the date of commencement of section 5 has effect on and after that date
as if it had been done or made by, on behalf of, or in the name of, the
Executive Council of Papua New Guinea under the Principal Act as amended by
that section.

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 37. 
Rights, liabilities, &c., vested in Government. 
SECT

  37. (1) On the date of commencement of section 5, all real and personal
property of the Administration is, by force of this section, transferred to,
and vested in, the Government.

  (2) On the date of commencement of section 5, there are transferred to, and
vested in, the Government, by force of this section-



  (a)  all rights and liabilities of the Administration subsisting immediately
before that date; and



  (b)  all rights and liabilities of the Commonwealth subsisting immediately
before that date by virtue of a contract or agreement entered into on behalf
of the Commonwealth in accordance with the Administration Contracts Ordinance
1950 or that Ordinance as amended or in accordance with a law repealed and
replaced by that Ordinance.

  (3) Any proceedings by or against the Administration pending in any court
immediately before the date of commencement of section 5 may be continued on
and after that date by or against the Government, and any documents connected
with the proceedings may be amended accordingly.

  (4) For the avoidance of doubt, it is hereby declared that, on and after the
date of commencement of section 5, no claim may be made in tort by or against
the Commonwealth in respect of a matter that was, or is, capable of founding
an identical claim by or against the Administration or the Government.

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 38. 
Functions performed by specified persons. 
SECT

  38. An act done or decision made by a person under a provision of the
Principal Act before the amendment of that provision by this Act has effect
after the commencement of the amendment as if it had been done or made by the
appropriate person under that provision as so amended.

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 39. 
Ordinances made under amended provisions. 
SECT

  39. An Ordinance in effect under or for the purposes of a provision of the
Principal Act immediately before the amendment of that provision by this Act
continues in effect after the commencement of the amendment as if it had been
made under or for the purposes of that provision as so amended to the extent
that it is consistent with that provision as so amended.

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 40. 
Certain persons to continue in office. 
SECT

  40. (1) Where, immediately before the amendment of a provision of the
Principal Act by this Act, a person was holding or holds office by virtue of
that provision as-



  (a)  a Minister of the House of Assembly;



  (b)  an elected member of the House of Assembly;



  (c)  a nominated member of the House of Assembly; or



  (d)  the Chief Justice, a judge or an acting judge of the Supreme Court,

he continues after the commencement of the amendment, but subject to the
Principal Act as amended by this Act, to hold office for the remainder of his
term of office.

  (2) The person holding the office of Deputy Chairman of the Administrator's
Executive Council immediately before the date of commencement of the amendment
of section 20 of the Principal Act by this Act holds the office of Chief
Minister on and after that date, but subject to the Principal Act as amended
by this Act.

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 41. 
Modification of section 20 of Principal Act. 
SECT

  41. Until the commencement of the amendment of section 20 of the Principal
Act by this Act, paragraph (1) (c) of that section has effect as if the word
''nine'' were omitted and the words ''not less than nine nor more than
twelve'' were substituted.

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 42. 
Certain Ordinances not assented to. 
SECT

  42. Where-



  (a)  an Ordinance is passed by the House of Assembly before the date of
commencement of section 24 of this Act;



  (b)  section 55 of the Principal Act applies in relation to that Ordinance;
and



  (c)  the Governor-General does not assent to that Ordinance before that
date, 

section 55 of the Principal Act continues in force on and after that date in
relation to that Ordinance except that, where that Ordinance has not been
reserved before that date, it shall be reserved by the High Commissioner.

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 43. 
Proclamations under sub-section 5 (1A) of Principal Act. 
SECT

  43. At any time after this Act receives the Royal Assent, a Proclamation may
be made for the purposes of sub-section 5 (1A) of the Principal Act as amended
by this Act, but-



  (a)  a Proclamation so made before the date of commencement of that
sub-section shall not come into operation before that date; and



  (b)  a Proclamation shall not be made for the purposes of that sub-section
after that date except for the purposes of revoking or cancelling a
Proclamation or of deleting, or reducing the scope of, a matter specified by a
Proclamation. 

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 44. 
Guarantee of public loans raised by Administration. 
SECT

  44. On and after the date of commencement of section 31 of this Act, section
75A of the Principal Act as amended by that section has effect, in relation to
moneys borrowed by the Administration before that date, as if they had been
borrowed by the Government.

PAPUA NEW GUINEA ACT (No. 2) 1973 - SECT. 45. 
Audit. 
SECT

  45. Notwithstanding the repeal of section 76 of the Principal Act by this
Act, sub-section (1) of that section continues in force in relation to
accounts in respect of acts or transactions that occurred on or before the
date fixed under sub-section (2) of that section.

--------------------------------------------------------------------------------

PAPUA NEW GUINEA ACT (No. 2) 1973 - NOTES 



                                     NOTES

1.  This Act comprises the Papua New Guinea Act (No. 2) 1973 as amended by the
other Act specified in the following table:

----------------------------------------------------------------------------



                                Number                       Date of

    Act                         and year        Date of

                                                Assent       commencement

----------------------------------------------------------------------------



    Papua New Guinea Act

     (No. 2) 1973               No. 120, 1973   30 Oct 1973  Ss. 4-25, 29-34: 1

                                                             Dec 1973 (see

                                                             Gazette 1973, No.

                                                             170B, p. 1)

                                                             Remainder: Royal

                                                             Assent

    Statute Law Revision Act

    1973                        No. 216, 1973   19 Dec 1973  31 Dec 1973

----------------------------------------------------------------------------

2.  The amendments made by sections 3-34 have been incorporated in the print
of the Papua New Guinea Act 1949-1973.