Papua Act 1924

Legislation au C1924A00025 Not in force Act

Legislation content

 

PAPUA.

 

No. 25 of 1924.

An Act to amend the Papua Act 1905-1920.

[Assented to 26th September, 1924.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Papua Act 1924.

(2.) The Papua Act 1905-1920 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 Act 1905-1924.

Definition of Minister.

2. Section four of the Principal Act is amended by omitting therefrom the definition of “The Minister”.


3. Section thirteen of the Principal Act is repealed and the following section inserted in its stead:—

Continuance of office of Administrator and provision for Acting Lieutenant-Governor.

“13.—(1.) The person holding the office of Administrator at the commencement of this section shall, so long as he remains an officer of the Public Service of the Territory, continue to hold that office and to have all the powers and functions possessed and exercisable by him immediately prior to the commencement of this section.

“(2.) Upon the person referred to in the last preceding subsection ceasing to hold the office of Administrator, or in the event of the absence of that person or his inability through illness to perform the duties of Administrator, the senior official member of the Executive Council present in the Territory at any time when the office of Lieutenant-Governor is vacant, or when the Lieutenant-Governor is absent from the Territory or unable through illness to perform his duties, shall be Acting Lieutenant-Governor, and in that capacity shall have and may exercise all the powers and functions of the Lieutenant-Governor.”.

Native lands.

4. Section twenty of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(2.) Notwithstanding anything contained in this section the Lieutenant-Governor may—

(a) transfer Crown land to natives; and

(b) accept transfers from natives of land in exchange for any land transferred to them under the last preceding paragraph.

“(3.) The Lieutenant-Governor may, by order published in the Gazette of the Territory, cancel any lease or purchase of land from natives (where the lessee or purchaser has not transferred the land to any other person) and, upon the publication of the order, the land referred to therein shall revest in the persons entitled to the land immediately prior to the lease or purchase, for such estate as they then had in the land.”.

Executive Council.

5. Section twenty-two of the Principal Act is amended by omitting sub-section (2.) thereof and inserting in its stead the following sub-sections:—

“(2.) The Executive Council shall consist of nine members who shall be appointed by the Governor-General and shall hold their places in the Council during his pleasure.

“(3.) Eight of the members of the Executive Council (in this Act referred to as ‘official members’) shall be officers of the Territory and one member shall be chosen by and from the non-official members of the Legislative Council.

“(4.) In the event of the non-official members of the Legislative Council failing to choose one of their number for appointment as a member of the Executive Council, the Governor-General may appoint a non-official member of the Legislative Council, or any other person,


not being an officer of the Territory, to be a member of the Executive Council.

“(5.) If the non-official member of the Executive Council becomes an officer of the Territory he shall thereupon vacate his place as member of the Executive Council.”.

Meetings of Executive Council.

6. Section twenty-four of the Principal Act is amended by omitting from sub-section (2.) thereof the word “two” and inserting in its stead the word “three”.

President at meetings of Executive Council.

7. Section twenty-five of the Principal Act is amended by inserting in sub-section (2.) thereof, after the word “senior”, the word “official”.

Legislative Council.

8. Section twenty-nine of the Principal Act is amended by omitting sub-sections (2.) and (3.) thereof and inserting in their stead, the following sub-sections:—

“(2.) The Legislative Council shall consist of—

(a) the Lieutenant-Governor;

(b) the official members of the Executive Council; and

(c) five non-official members who shall be nominated by the Lieutenant-Governor and appointed by the Governor-General.

“(3.) One of the non-official members of the Legislative Council shall be nominated by the Lieutenant-Governor as representing the interests of the Christian missions in the Territory.”.

Presidency of the Legislative Council.

9. Section thirty-two of the Principal Act is amended by inserting in sub-section (2.) thereof, after the word “senior”, the word “official”.

10. After section thirty-three of the Principal Act the following section is inserted:—

Minutes of meetings.

“33a.—(1.) The Legislative Council shall cause minutes of its meetings to be kept.

(2.) At the end of each quarter the Lieutenant-Governor shall forward to the Minister a copy of the minutes of the meetings of the Legislative Council held during that quarter.”.

Civil List.

11. Section forty-nine of the Principal Act is amended—

(a) by omitting the words “One thousand two hundred and fifty” and inserting in their stead the words “One thousand eight hundred”;

(b) by omitting the words “One thousand” and inserting in their stead the words “One thousand two hundred”;

(c) by omitting the words “the Chief Judicial Officer” and inserting in their stead the words “each Judge”; and

(d) by adding at the end thereof the following proviso:—

“Provided that, when the offices of Lieutenant-Governor and. Judge are held by the same person, that person shall be entitled to receive only the salary of the Lieutenant-Governor.”.

Overview

The Papua Act 1924, enacted by the Commonwealth of Australia's Parliament, serves as an amendment to the Papua Act 1905-1920, addressing the need for modifications to the administrative framework governing Papua. This Act introduces several key changes, including provisions for the continuance of office for the Administrator and the establishment of an Acting Lieutenant-Governor in the absence of the Lieutenant-Governor. Additionally, the Act grants the Lieutenant-Governor authority over the transfer and cancellation of land transactions with native inhabitants, and it revises the composition and functions of both the Executive and Legislative Councils, including the method of appointing members and the role of non-official members. Furthermore, the Act updates financial provisions by adjusting salaries for the Lieutenant-Governor and Judges, and it mandates the keeping of minutes for the Legislative Council meetings. This legislative update aims to streamline governance in Papua, ensuring efficient administrative continuity, better management of land transactions, and more structured council operations, thereby addressing gaps in the prior legislative framework. The Act seeks to enhance the governance structure in line with evolving needs and administrative practices.

Scope and Application

The Papua Act 1924 amends the Papua Act 1905-1920 to update and refine the administration and governance structure of Papua. The amended Act applies to the Territory of Papua, encompassing its public service, land transactions, and legislative and executive councils. The geographic and jurisdictional reach of the Act is specifically within the Territory of Papua, governed under Australian administration. The Act applies to officers of the Territory, including the Lieutenant-Governor, members of the Executive and Legislative Councils, and other officials involved in the governance of Papua. It also applies to natives regarding land transactions. The Act does not specify exclusions or exemptions, but it does include provisions for the continuation of office for the Administrator and the designation of an Acting Lieutenant-Governor in the absence of the Lieutenant-Governor. The application of the Act may be extended or restricted through subordinate instruments, such as regulations or orders published in the Gazette of the Territory.

Key Provisions

The Papua Act 1924 amends the existing Papua Act 1905-1920, introducing several significant changes. Section 1 provides that the Act may be cited as the Papua Act 1924 and that the Principal Act, when amended by this Act, may be referred to as the Papua Act 1905-1924. Section 2 removes the definition of "The Minister" from the Principal Act and replaces it with new provisions in Section 13. The new Section 13 provides for the continuance of the office of the Administrator and specifies the conditions under which the senior official member of the Executive Council can serve as the Acting Lieutenant-Governor. Section 4 of the Principal Act is amended to allow the Lieutenant-Governor to transfer Crown land to natives and accept transfers of land from natives in exchange for land previously transferred to them. Additionally, the Lieutenant-Governor can cancel any lease or purchase of land from natives if the land has not been transferred to another party, causing the land to revert to its prior owners. The obligations and requirements imposed by the Papua Act 1924 on the parties and entities it governs include the continuation of the office of the Administrator by the person holding the office at the commencement of the Act, provided they remain an officer of the Public Service of the Territory. The Act also mandates the appointment of nine members to the Executive Council by the Governor-General, with eight being officers of the Territory and one being chosen from the non-official members of the Legislative Council. If the non-official members of the Legislative Council fail to choose a member for the Executive Council, the Governor-General has the authority to appoint someone from the non-official members of the Legislative Council or any other suitable person who is not an officer of the Territory. The Legislative Council is required to keep minutes of its meetings, which the Lieutenant-Governor must forward to the Minister at the end of each quarter. The Act outlines several offences, penalties, or consequences for breaches, although specific maximum penalties are not detailed within the text. The provisions regarding the transfer and cancellation of land, the appointment and functioning of the Executive and Legislative Councils, and the keeping of meeting minutes are central to ensuring compliance with the Act. Non-compliance with these provisions could result in legal repercussions, though the exact nature of these consequences is not specified within the provided text.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.