Papua Act 1940

Legislation au C1940A00047 Not in force Act

Select Document

PAPUA.

No. 47 of 1940.

An Act to amend the Papua Act 1905-1934.

[Assented to 21st August, 1940.]

[Date of commencement 18th September, 1940.]

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 1940.

(2.) The Papua Act 1905-1934 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 1905-1940.

General amendments.

2. The Principal Act is amended by omitting the word “Lieutenant-Governor” (wherever occurring) and inserting in its stead the word “Administrator”.

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 Section four of the Principal Act is repealed and the following section inserted in its stead:—

Definitions.

“4. In this Act, unless the contrary intention appears—

‘Ordinance’ means an Ordinance made by the Legislative Council;

‘the Administrator’ means the Administrator of the Territory, and includes any person for the time being administering the government of the Territory;

‘the Executive Council’ means the Executive Council for the Territory;

‘the Legislative Council’ means the Legislative Council for the Territory;

‘the Territory’ means the Territory of Papua.”.

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 Section ten of the Principal Act is repealed and the following section inserted in its stead:—

Office of Administrator.

“10. There shall be an Administrator of the Territory, who shall be charged with the duty of administering the government thereof on behalf of the Commonwealth.”.

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 Section thirteen of the Principal Act is repealed and the following section inserted in its stead:—

Acting Administrator.

“13.—(1.) The Governor-General may, by Commission under the seal of the Commonwealth, appoint a person to act in the office of Administrator, and to administer the Government of the Territory,

during any vacancy in the office of Administrator, or when the Administrator is absent from the Territory or unable by reason of illness or incapacity to perform his duties; and such person who so administers shall have and may exercise and perform all the powers and functions of the Administrator.

“(2.) In default of such appointment, or in the event of the absence or inability of the person so appointed, the senior official member of the Executive Council present in the Territory shall have and may exercise and perform all the powers and functions of the Administrator.

“(3.) The exercise and performance of the powers and functions of the Administrator, during his absence from the Territory, by any person appointed under sub-section (1.) of this section, or by the senior official member of the Executive Council, acting under sub-section (2.) of this section, shall not affect the exercise or performance by the Administrator himself of any power or function.”.

Deputy Administrator.

6. Section fourteen of the Principal Act is amended by inserting, after the word “within”, the words “the Territory or”.

7.—(1.) Section seventeen of the Principal Act is repealed and the following section inserted in its stead:—

Appointment of officers.

“17. The Governor-General may appoint, or may delegate to the Minister or to the Administrator power to appoint, such officers as are necessary for the administration of this Act and for the proper government of the Territory.”.

(2.) This section shall not commence until a date to be fixed by Proclamation.

Suspension of officers.

8.—(1.) Section eighteen of the Principal Act is repealed.

(2.) This section shall not commence until a date to be fixed by proclamation.

The Executive Council.

9. Section twenty-two of the Principal Act is amended—

(a) by omitting from sub-section (2.) the word “nine” and inserting in its stead the words “not more than nine and not less than five”;

(b) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

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

“(6.) Where on account of absence from the Territory or illness any official member is unable to perform his duties as a member of the Executive Council, the Governor-General may appoint some other officer of the Territory to act as a member of the Executive Council in his stead, and the officer so appointed shall during such absence from the Territory or illness, exercise and perform all the powers and functions of a member of the Executive Council.

“(7.) The non-official members of the Legislative Council may choose one of their number to act as the deputy of the non-official member of the Executive Council and forward to the Administrator a notification in writing of the name of the member chosen.

“(8.) The Governor-General may appoint—

(a) the non-official member chosen in pursuance of the last preceding sub-section; or

(b) if the Administrator has not received a notification in pursuance of that sub-section, any non-official member of the Legislative Council or any other person not being an officer of the Territory,

to be the deputy of the non-official member of the Executive Council.

“(9.) Whenever, on account of absence from the Territory or illness, the non-official member of the Executive Council is unable to perform his duties as a member of the Executive Council, or when the non-official member has been exempted by the Administrator from attendance at any meeting of the Executive Council, the deputy of the non-official member may act as a member of the Executive Council in the place of the non-official member, and may, during such absence from the Territory or illness of the non-official member or in respect of any meeting from attendance at which he has been exempted, exercise and perform all the powers and functions of a member of the Executive Council.”.

10. Section twenty-six of the Principal Act is repealed and the following section inserted in its stead:—

Minutes of Executive Council meetings.

“26. Minutes of the proceedings at all meetings of the Executive Council shall be kept, and copies of the minutes relating to each meeting shall be transmitted by the Administrator to the Minister as soon as practicable after the meeting is held.”.

The Legislative Council.

11.—(1.) Section twenty-nine of the Principal Act is amended—

(a) by inserting in paragraph (b) of sub-section (2.) after the word “Council” the words” (including any officer appointed to act in place of an official member in pursuance of sub-section (6.) of section twenty-two of this Act)”;

(b) by omitting from sub-section (4.) the word “six” and inserting in its stead the word “four”; and

“(5.) Whenever the Administrator wishes to obtain the views of any person within the Territory touching any matters about to be brought before the Council, he may, by writing under his hand, appoint that person to be an extraordinary member of the Council for the period or periods during which the Council is dealing with those matters.

“(6.) An extraordinary member of the Council shall not be entitled to vote or be counted in any quorum.”.

(2.) The amendment effected by paragraph (6) of the last preceding sub-section shall not apply to appointments made prior to the commencement of this Act.

12. After section twenty-nine of the Principal Act the following section is inserted:—

Sessions and prorogation of Legislative Council.

“29a. The Administrator may, by notice published in the Government Gazette of the Territory, appoint such times for holding the sessions of the Legislative Council as he thinks fit, and may also, from time to time, in a similar manner, prorogue the Council.”.

Minutes of Legislative Council meetings.

13. Section thirty-three a of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) As soon as practicable after each meeting of the Legislative Council, the Administrator shall forward to the Minister a copy of the minutes relating to that meeting.”.

Disallowance of Ordinances assented to.

14. Section thirty-nine of the Principal Act is amended by omitting the word “Lieutenant-Governor’s” and inserting in its stead the word “Administrator’s”.

Appeal to High Court.

15. Section forty-three of the Principal Act is amended by omitting from sub-section (1.) the word “Central” and inserting in its stead the word “Supreme”.

Civil list.

16. Section forty nine of the Principal Act is repealed.

Overview

The Papua Act 1940 is an amendment to the Papua Act 1905-1934, introduced to address administrative and structural gaps within the governance of the Territory of Papua. Enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act makes significant changes to the roles and functions of various officials in the Territory, including the replacement of the term "Lieutenant-Governor" with "Administrator" and adjustments to the composition and operations of the Executive and Legislative Councils. The overarching policy objective of this amendment is to ensure a more streamlined and effective administration of the Territory by clarifying the roles and powers of the Administrator and other key officials, and by enhancing the operational efficiency of the Councils through structural adjustments and procedural updates. The Act provides for the appointment of an Administrator to oversee the government of the Territory, with provisions for acting Administrators and the appointment of officers necessary for governance. It also introduces changes to the Executive Council, including adjustments to its membership and the introduction of deputies for non-official members. Additionally, the Act modifies the procedures for the Legislative Council, including the appointment of extraordinary members and the recording and reporting of meeting minutes. The amendments aim to facilitate better governance and decision-making within the Territory by providing clearer guidelines and more flexible administrative structures.

Scope and Application

The Papua Act 1940 amends the existing Papua Act 1905-1934, altering key terms and structural provisions to better facilitate the administration of the Territory of Papua. The Act applies to the Territory of Papua, governed by the Commonwealth of Australia, and redefines the roles and responsibilities of the Administrator and the Executive and Legislative Councils. The term "Lieutenant-Governor" is replaced with "Administrator," who is responsible for administering the government of the Territory on behalf of the Commonwealth. The Act also updates the appointment processes for officers and council members, allowing for flexibility in appointments and acting roles due to absences or inabilities to perform duties. The Legislative Council's composition and meeting procedures are revised, with the Administrator gaining more authority over the scheduling and prorogation of council sessions. Additionally, the Act provides mechanisms for the inclusion of extraordinary members to offer views without voting rights, ensuring broader participation in council discussions. The Act's amendments reflect an intent to streamline governance and administrative functions within the Territory of Papua.

Key Provisions

The Papua Act 1940 introduces several amendments to the Papua Act 1905-1934. The most notable changes include the replacement of the term "Lieutenant-Governor" with "Administrator" throughout the Principal Act (sections 2 and 14). It also introduces new definitions and clarifications of terms such as "Ordinance," "Administrator," "Executive Council," "Legislative Council," and "Territory" (section 4). The Act establishes the role of an Administrator who is responsible for administering the government of the Territory on behalf of the Commonwealth (section 10). In the event of a vacancy, absence, or incapacity of the Administrator, the Governor-General may appoint an Acting Administrator, or in the absence of such an appointment, the senior official member of the Executive Council may exercise the Administrator's powers and functions (section 13). The Act outlines the appointment and functions of various officers necessary for the administration of the Territory, with the Governor-General having the authority to appoint these officers or delegate this power to the Minister or the Administrator (section 17). The composition and functioning of the Executive Council are modified, with the number of official members reduced to a range of five to nine, and one member chosen from the non-official members of the Legislative Council (section 22). The Governor-General has the authority to appoint substitutes for official members who are absent or ill, and to appoint a deputy for the non-official member of the Executive Council (sections 22(6), 22(8), and 22(9)). The Legislative Council's composition is also altered, with the number of non-official members reduced to four, and the inclusion of provisions for extraordinary members appointed by the Administrator to provide views on specific matters (section 29(2) and (5)). The Administrator is granted the authority to determine the timing of Legislative Council sessions and to prorogue the Council as necessary (section 29a). The Act mandates the keeping of minutes for both Executive and Legislative Council meetings, with these minutes to be forwarded to the Minister by the Administrator (sections 26 and 33a(2)). In terms of legal consequences, while the Act does not explicitly state penalties for breaches, it is clear that failure to comply with the requirements for the administration of the Territory and the governance structures set forth could lead to legal challenges or administrative actions. Given that the Act is part of the statutory framework governing the Territory of Papua, non-compliance with its provisions could result in civil or criminal consequences, depending on the nature of the breach and the specific laws applicable at the time.

Area of Law: Administrative Law; Constitutional Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Licensing & Registration; Reporting & Disclosure Obligations; Administrative Discretion

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions