STATUTORY RULES
1971 No.
REGULATIONS UNDER THE PAPUA AND 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 and New Guinea Act 1949-1971.
Dated this twenty-ninth day of July, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(SGD.) C. E. BARNES
Minister of State for External Territories.
Amendments of the Australian School of Pacific Administration Regulations†
Constitution of the Council.
1. Regulation 5 of the Australian School of Pacific Administration Regulations is amended—
(a) by omitting paragraphs (ba) and (c) of sub-regulation (1.) and inserting in their stead the following paragraphs:—
“(ba) the Chairman of the Public Service Board established by the Public Service Board Ordinance 1968 of the Territory;
(bb) the Secretary to the Department of the Interior;
(c) a person nominated by the Secretary to the Department of Education and Science;” ; and
(b) by omitting from sub-regulation (2.) the word “paragraphs (d)” and inserting in its stead the word “paragraphs (c), (d)”.
Quorum, voting, &c.
2. Regulation 8 of the Australian School of Pacific Administration Regulations is amended by omitting from sub-regulation (1.) the word “four” and inserting in its stead the word “five”.
* Notified in the Commonwealth Gazette on 1971.
† Statutory Rules 1951, No. 160, as amended by Statutory Rules 1957, No. 62; 1956, No. 10; and 1969, No. 183.
Printed by Authority by the Government Printer of the Commonwealth of Australia
10700/71—Price 5c 9/28.6.1971
Overview
The Papua and New Guinea Act 1949-1971 was enacted to provide for the administration of Papua and New Guinea as Australian territories, ensuring that their governance aligned with Australian policies and standards. This legislation aimed to address the administrative and developmental needs of these territories by enabling the application of Australian laws and the establishment of institutions to facilitate effective governance. The Act was introduced by the Parliament of Australia and sought to provide a framework for the administration, development, and eventual self-governance of Papua and New Guinea. The policy objective of the Act was to ensure that the territories were governed in a manner that promoted stability, economic development, and social progress, while also preparing them for eventual independence. The 1971 Statutory Rules under this Act further refined the administration of the Australian School of Pacific Administration, adjusting the composition and quorum of its council to better reflect the changing administrative needs of the territories.
Scope and Application
The Statutory Rules 1971 No. 10700/71, made under the Papua and New Guinea Act 1949-1971, pertains to amendments of the Australian School of Pacific Administration Regulations. These Regulations primarily govern the constitution of the Council within the Australian School of Pacific Administration. The Act applies to the members and administrative structure of the Council, including the Chairman of the Public Service Board established by the Public Service Board Ordinance 1968 of the Territory, the Secretary to the Department of the Interior, and a nominee from the Department of Education and Science. The amendments redefine the composition of the Council by adjusting membership and voting arrangements, increasing the quorum from four to five members. The legislative changes aim to enhance governance and administrative efficiency within the School of Pacific Administration. The regulations are applicable within the jurisdictional scope of the Commonwealth of Australia, extending to the governance and administrative frameworks of the Australian School of Pacific Administration.
Key Provisions
The main operative sections of these Regulations amend the Australian School of Pacific Administration Regulations, specifically altering the constitution of the Council and the quorum and voting requirements. Regulation 5(1) now specifies the members of the Council as the Chairman of the Public Service Board, the Secretary to the Department of the Interior, and a person nominated by the Secretary to the Department of Education and Science. This amendment omits former members who were previously part of the Council, such as those mentioned in paragraphs (ba) and (c) of sub-regulation (1). Additionally, Regulation 8(1) is modified to change the quorum requirement from four to five members, thereby affecting the decision-making processes within the Council.
These Regulations impose specific obligations on the parties involved, primarily concerning the composition and functioning of the Council of the Australian School of Pacific Administration. The Council must now include the Chairman of the Public Service Board, the Secretary to the Department of the Interior, and a nominee from the Department of Education and Science. Furthermore, decisions require the presence and agreement of at least five members, rather than four, to be valid. These changes necessitate that the Council members adhere to the new composition and quorum requirements set forth in the amended Regulations.
There are no explicit provisions within these Regulations that detail offences, penalties, or consequences for non-compliance. However, any failure to adhere to the new Council composition and quorum requirements could potentially lead to invalidated decisions or actions taken by the Council. While the Regulations do not specify criminal or civil penalties for non-compliance, any resultant issues could be addressed under the overarching Papua and New Guinea Act 1949-1971 or other applicable laws. The lack of specified penalties in these Regulations suggests that the primary focus is on ensuring proper governance and decision-making processes within the Council.