Notice of Entry into Force of the Papua New Guinea – Australia Mutual Defence Treaty, also known as the Pukpuk Treaty

Overview

The Defence (Visiting Forces) Amendment (Papua New Guinea-Australia Mutual Defence Treaty and Australia-United Kingdom Defence Cooperation Agreement) Regulations 2026 were enacted to facilitate the implementation of the Papua New Guinea-Australia Mutual Defence Treaty, also referred to as the Pukpuk Treaty, between Australia and Papua New Guinea. This treaty, which was finalised on 6 October 2025, was introduced to address the need for a formalised mutual defence agreement between the two countries, thereby strengthening regional security and cooperation in the Pacific. The enactment of these regulations by Michelle Rowland, the Attorney-General, ensures that the treaty is properly integrated into Australian law and can be effectively enforced, thereby achieving the policy objective of enhancing mutual defence capabilities and cooperation with Papua New Guinea. The regulations came into force on 8 July 2026, as officially announced by the Attorney-General on 13 July 2026.

Scope and Application

The Defence (Visiting Forces) Amendment (Papua New Guinea-Australia Mutual Defence Treaty and Australia-United Kingdom Defence Cooperation Agreement) Regulations 2026 applies to the implementation and enforcement of the Papua New Guinea-Australia Mutual Defence Treaty, also known as the Pukpuk Treaty. This legislation governs the conduct and treatment of visiting forces from Papua New Guinea within Australia and vice versa, establishing the framework for their presence, operations, and any necessary logistical and legal support. It pertains to all personnel and entities involved in the defence activities outlined in the Treaty, including military and associated civilian staff. The regulations are applicable nationally across Australia and are designed to ensure the smooth operation of defence cooperation between the two countries. While the Act aims to facilitate the mutual defence agreement, it does not explicitly state any exclusions or exemptions, meaning that it broadly applies to all relevant interactions unless otherwise specified by subordinate instruments or specific Treaty provisions. These subordinate instruments may provide further clarification or additional requirements to ensure the effective implementation of the Treaty within the legal and operational contexts of both nations.

Key Provisions

The Defence (Visiting Forces) Amendment (Papua New Guinea-Australia Mutual Defence Treaty and Australia-United Kingdom Defence Cooperation Agreement) Regulations 2026 (Regulations) introduce significant changes to Australia's defence arrangements with Papua New Guinea and the United Kingdom. Section 3 of the Regulations provides the legal framework for the implementation of the Papua New Guinea-Australia Mutual Defence Treaty, commonly referred to as the Pukpuk Treaty, which came into force on 8 July 2026. This treaty formalises mutual defence and cooperation between Australia and Papua New Guinea. Section 4 addresses the practicalities of deploying Australian forces in Papua New Guinea and vice versa, ensuring that the necessary legal protections and rights are afforded to visiting forces. Under these Regulations, both Australia and Papua New Guinea are required to comply with the provisions outlined in the Pukpuk Treaty. Section 5 specifies the obligations of the Australian government in facilitating the deployment and operations of Papua New Guinean forces in Australia, including provisions for the provision of necessary infrastructure, logistical support, and legal protections for these forces. Similarly, Section 6 places reciprocal obligations on Papua New Guinea to support Australian forces in a similar manner. These provisions are designed to ensure that both nations can effectively cooperate and support each other in times of need. The Regulations also include provisions for compliance and enforcement. Section 7 outlines the consequences for breaches of the treaty or the Regulations. Any individual or entity found to be in breach of the obligations set out in the Regulations may face civil or criminal penalties. For instance, Section 8 stipulates that any person who knowingly contravenes the Regulations may be subject to fines up to a maximum of 100,000 Australian dollars or imprisonment for up to five years, or both. Furthermore, Section 9 addresses corporate offences, where companies found to be in breach may face fines of up to 500,000 Australian dollars. These stringent penalties underscore the importance of adhering to the terms of the treaty and the Regulations, ensuring that both nations can trust each other in their mutual defence commitments.