Papua and New Guinea
No. 58 of 1971
An Act to increase the Number of Elected Members of the House of Assembly for the Territory of Papua and New Guinea, and to enact certain Consequential Provisions.
[Assented to 25 May 1971]
BE it enacted by the Queen’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 and New Guinea Act 1971.
(2.) The Papua and New Guinea Act 1949–1968 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 and New Guinea Act 1949–1971.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Composition of House of Assembly.
3. Section 36 of the Principal Act is amended—
(a) by omitting from sub-section (1.) the word “ninety-four” and inserting in its stead the words “one hundred and ten”;
(b) by omitting from paragraph (b) of sub-section (1.) the word “sixty-nine” and inserting in its stead the word “eighty-two”; and
(c) by omitting from paragraph (c) of sub-section (1.) the word “fifteen” and inserting in its stead the word “eighteen”.
Quorum.
4. Section 42 of the Principal Act is amended by omitting from subsection (1.) the word “thirty-two” and inserting in its stead the word “thirty-seven”.
Application of amendments.
5.—(1.) The amendments made by section 3 of this Act apply in relation to the first general election held after the commencement of this Act and in relation to subsequent elections, but do not otherwise affect the constitution of the House of Assembly before the expiration of the day of completion of that first general election.
(2.) The amendment made by the last preceding section applies in relation to the House of Assembly as constituted after the expiration of the day referred to in the last preceding sub-section.
(3.) Expressions used in the last two preceding sub-sections have the same meanings as in the Principal Act and, in particular, the expression “the day of completion”, in relation to a general election, has the same meaning as it has for the purposes of sub-section (4.) of section 36 of that Act.
Overview
The Papua and New Guinea Act 1971 was enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. This legislation was introduced to amend the composition of the House of Assembly for the Territory of Papua and New Guinea, increasing the number of elected members to reflect population growth and evolving governance needs. The Act adjusts the number of members in the House of Assembly, with a view to ensuring that the legislative body adequately represents the territory’s constituents. It also makes consequential amendments to maintain the balance of power within the Assembly. The policy objective behind these changes is to enhance the representation and governance of the Territory of Papua and New Guinea in accordance with its growing and diversifying population.
Scope and Application
The Papua and New Guinea Act 1971 applies to the legislative framework of the Territory of Papua and New Guinea, specifically targeting the composition and procedures of the House of Assembly. This Act amends the Papua and New Guinea Act 1949–1968, altering the composition of the House of Assembly by increasing the number of elected members and adjusting the quorum requirements. The changes are designed to take effect from the first general election held after the Act's commencement, ensuring that the constitution of the House of Assembly is only altered post the completion of that election. The amendments pertain to the numerical increase from ninety-four to one hundred and ten members, the reconfiguration of elected member categories, and the adjustment of the quorum from thirty-two to thirty-seven members. The Act’s jurisdictional reach is confined to the legislative and electoral processes within the Territory of Papua and New Guinea.
Key Provisions
The Papua and New Guinea Act 1971 (referred to as the Act) primarily focuses on amending the composition of the House of Assembly for the Territory of Papua and New Guinea. Section 3 of the Act amends the Principal Act (the Papua and New Guinea Act 1949–1968) to increase the number of elected members in the House of Assembly. Specifically, it raises the total number of members from ninety-four to one hundred and ten, modifies the number of members representing the general electorate from sixty-nine to eighty-two, and increases the number of members representing the New Guinea Islands from fifteen to eighteen. Section 4 of the Act adjusts the quorum requirement for the House of Assembly, changing it from thirty-two to thirty-seven members.
The Act imposes obligations on the electoral process and the composition of the House of Assembly, ensuring that the specified changes take effect from the first general election held after the Act’s commencement. These amendments are designed to reflect the evolving political landscape and population growth in the Territory. The changes do not affect the existing constitution of the House of Assembly until the completion of the first general election following the Act's commencement, as outlined in Section 5.
In terms of enforcement and compliance, the Act does not explicitly outline specific offences, penalties, or consequences for non-compliance with its provisions. However, given the legislative context, any failure to adhere to the prescribed changes in the composition and quorum requirements could potentially lead to legal challenges or disputes regarding the validity of elections or the functioning of the House of Assembly. The Act’s provisions are intended to ensure a smooth transition and adherence to the new electoral framework, thus maintaining the integrity and legitimacy of the legislative process in the Territory.