Papua New Guinea (Ministerial Appointments) Regulations (Cth)

STATUTORY RULES

1972 No. 45

 

REGULATIONS UNDER THE PAPUA NEW GUINEA ACT 1949-1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Papua New Guinea Act 1949-1971.

Dated this sixth day of April, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Andrew Peacock

Minister of State for External Territories.

 

PAPUA NEW GUINEA (MINISTERIAL APPOINTMENTS) REGULATIONS

Citation.

1. These Regulations may be cited as the Papua New Guinea (Ministerial Appointments) Regulations.

Repeal.

2. The Papua and New Guinea (Ministerial Appointments) Regulations (being Statutory Rules 1968, No. 65) are repealed.

Definitions.

3. In these Regulations—

“member of the House” means an elected member or a nominated member of the House;

“the Committee” menus the Ministerial Nominations Committee constituted in accordance with regulation 5 of these Regulations;

“the House” means the House of Assembly for Papua New Guinea.

Nominations and resolutions by Houseof Assembly.

4. Nominations by the House in pursuance to sub-section (2.) of section 26 of the Papua New Guinea Act 1949-1971 shall be made, and resolutions of the House in pursuance of sub-section (3.) of that section shall be adopted, in accordance with these Regulations and not otherwise.

Ministerial Nominations Committee.

5.—(1.) As soon as practicable after the House first meets following a general election of the House, the House shall, in such manner as it determines, appoint a Committee consisting of seven members of the House, to be known as the Ministerial Nominations Committee.

(2.) Subject to this regulation, members of the Committee hold office during the pleasure of the House, and the House may at any time, in such manner as it determines, appoint a member of the House to fill a vacancy in the membership of the Committee.

(3.) A member of the Committee may resign his office by writing under his hand delivered to the Speaker

 

* Notified in the Commonwealth Gazette on 1972.

No. 11967/71—Price 5c 9/15.3.1972

 

(4.) A member of the Committee ceases to be such a member if he ceases to be an elected member or a nominated member of the House.

(5.) All members of the Committee holding office immediately before the time at which the House first meets following a general election cease to be members of the Committee at that time.

(6.) At a meeting of the Committee, the presence of all the members of the Committee is required, but agreement by a majority of the members of the Committee shall be taken to be agreement by the Committee.

Appointment of persons to hold ministerial office.

6.—(1.) As soon as practicable after the first appointment of members of the Committee following a general election, the Administrator shall consult with the Committee for the purpose of reaching agreement with the Committee on a list of members of the House, equal in number to the number of ministerial offices, for submission to the House as a list of members of the House eligible to be nominated by the House for appointment to ministerial offices.

(2.) If the Administrator and the Committee agree, in accordance with the last preceding sub-regulation, on a list of members of the House equal in number to the number of ministerial offices, the House may, by resolution, nominate all the persons whose names are on the list for appointment to ministerial offices.

Vacancies.

7.—(1.) Where—

(a)there is a vacancy in a ministerial office; or

(b) the Administrator and the Committee have, after consultation, agreed that a person holding a ministerial office should cease to be the holder of a ministerial office,

the Administrator may consult with the Committee for the purpose of reaching agreement with the Committee on a member of the House as a person eligible to be nominated by the House for appointment to a ministerial office.

(2.) If the Administrator and the Committee agree on a member of the House in accordance with the last preceding sub-regulation, the House may, by resolution, nominate the person agreed on for appointment to a ministerial office, but, in a case referred to in paragraph (b) of the last preceding sub-regulation, the House shall not so nominate the person unless the House has, in accordance with these Regulations, resolved that the appointment to a ministerial office of the person referred to in that paragraph should be terminated.

Removal from office.

8. If, after consultation, the Administrator and the Committee agree that a person holding a ministerial office should cease to be the holder of a ministerial office, the House may resolve that the appointment of that person to a ministerial office should be terminated.

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