Papua and New Guinea Act (No. 2) 1960

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PAPUA AND NEW GUINEA (No. 2).

No. 47 of 1960.

An Act relating to the Government of the Territories of Papua and New Guinea.

[Assented to 17th October, 1960.]

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 (No. 2) 1960.

(2.) The Papua and New Guinea Act 1949–1957, as amended by the Papua and New Guinea Act 1960, is in this Act referred to as the Principal Act.

(3.) Section one of the Papua and New Guinea Act 1960 is amended by omitting sub-section (2.).

(4.) The Principal Act, as amended by this Act, may be cited as the Papua and New Guinea Act 1949–1960.

Commencement.

2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Sections eight, ten, eleven, twelve and fifteen of this Act shall come into operation on a date to be fixed by Proclamation.

(3.) Sections four, five, six and fourteen of this Act shall come into operation on a date to be fixed by Proclamation, not being earlier than the date fixed under the last preceding sub-section.

Repeal

3. Section three of the Principal Act is repealed.

Parts

4. Section four of the Principal Act is amended by omitting the words—

“Division 2.—The Executive Council (Sections 19–24).”

and inserting in their stead the words—

“Division 2.—The Administrator’s Council (Sections 19–22).”.

Definitions.

5. Section five of the Principal Act is amended by omitting the definition of “the Executive Council”.

6. Division 2 of Part IV. of the Principal Act is repealed and the following Division inserted in its stead:—

“Division 2.—The Administrator’s Council.

The Administrator’s Council.

“19.—(1.) There shall be a Council to advise the Administrator, which shall be known as the Administrator’s Council for the Territory of Papua and New Guinea.

“(2.) The Administrator’s Council shall consist of—

(a) the Administrator;

(b) three persons who are official members of the Legislative Council; and

(c) three other members of the Legislative Council, none of whom shall be official members and of whom at least two shall be elected members.

“(3.) Each member of the Administrator’s Council (other than the Administrator) shall be appointed by the Minister on the nomination of the Administrator and shall, subject to this section, hold office during the pleasure of the Minister.

“(4.) A member of the Administrator’s Council (other than the Administrator) shall not hold office for a longer period than three months after the date on which he ceases to be a member of the Legislative Council unless, within that period, he again becomes a member of the Legislative Council.

“(5.) A member of the Administrator’s Council (other than the Administrator) who desires to resign shall deliver a written resignation to the Administrator for transmission to the Minister.

“(6.) The resignation of a member of the Administrator’s Council who is an official member of the Legislative Council does not become effective unless and until it has been accepted by the Minister.

“(7.) The resignation of any other member of the Administrator’s Council becomes effective when it is received by the Administrator.

“(8.) The exercise of the functions of the Administrator’s Council is not affected by reason of a vacancy in the membership of the Council.

“(9.) Subject to this Act, the procedure of the Administrator’s Council shall be as prescribed, or, in the absence of regulations, as the Council determines.

Functions of Administrator’s Council.

“20. The functions of the Administrator’s Council are to advise the Administrator—

(a) on any matter referred to the Council by the Administrator; and

(b) in accordance with an Ordinance, on any other matter.

Oath of members of Administrator’s Council.

“21.—(1.) A member of the Administrator’s Council (other than the Administrator) shall, before entering on the duties of his office, make and subscribe an oath or affirmation in accordance with the form in the Eighth Schedule to this Act.

“(2.) An oath or affirmation under the last preceding sub-section shall be made before the Administrator or a person authorized by the Administrator to administer the oath or affirmation.

Fees. allowances and travelling expenses.

“22. The members of the Administrator’s Council (other than the Administrator and members who are employed in the Public Service) shall receive in respect of their services as members such fees, allowances and travelling expenses as are prescribed.”.

Legislative Council.

7. Section thirty-five of the Principal Act is amended by omitting sub-sections (2.) and (3.).

Composition of Legislative Council.

8. Section thirty-six of the Principal Act is amended by omitting sub-sections (1.) to (4.) (inclusive) and inserting in then-stead the following sub-sections:—

“(1.) The Legislative Council shall consist of thirty-seven members, namely:—

(a) the Administrator;

(b) fourteen officers of the Territory, to be known as official members, appointed by the Governor-General on the nomination of the Administrator;

(d) ten persons, to be known as appointed members, appointed by the Governor-General on the nomination of the Administrator.

“(2.) The Administrator shall so exercise his powers of nomination under paragraph (d) of the last preceding sub-section as to ensure that the appointed members include not less than five members resident in the Territory of New Guinea and not less than five native members.

“(3.) Until a date to be fixed by or under an Ordinance as the date on and after which natives are eligible to be enrolled as electors subject to the same conditions as apply to other persons, the Legislative Council shall include, instead of the members referred to in paragraph (c) of sub-section (1.) of this section—

(a) six persons elected by electors of the Territory; and

(b) six persons elected by natives.

“(4.) The elected members of the Legislative Council shall be elected as provided by Ordinance, and a candidate for election shall possess such qualifications, and be subject to such disqualifications, as are provided by Ordinance.

“(4a.) An Ordinance relating to the election of members of the Legislative Council by natives may provide for a system of election under which the natives who vote at the election are themselves elected or chosen by natives.”.

Disqualification for membership of, or voting in, the Council.

9. Section thirty-seven of the Principal Act is amended by inserting in paragraph (a) of sub-section (2.), before the word “he”, the words “except in the case of the Administrator,”.

Vacancies.

10. Section thirty-eight of the Principal Act is amended—

(a) by omitting from sub-section (1.) all the words before paragraph (a) and inserting in their stead the words “An appointed member—”;

(b) by omitting from sub-section (2a.) the words “a non-official member” and inserting in their stead the words “an elected member or an appointed member”; and

“(b) in any other case—the Governor-General may appoint a person (being a person qualified to be a member elected by electors or a member elected by natives, as the case requires) to hold the vacant office and the person so appointed shall, for the purposes of this Act, be deemed to be a member elected by electors or a member elected by natives, as the case may be.”.

Elections.

11. Section thirty-nine of the Principal Act is amended by omitting the word “three” (first occurring).

Quorum.

12. Section forty-one of the Principal Act is amended by omitting from sub-section (1.) the word “ten” and inserting in its stead the word “thirteen”.

Repeal of First Schedule.

13. The First Schedule to the Principal Act is repealed.

Eighth Schedule.

14. The Principal Act is amended by adding at the end thereof the following Schedule:—

EIGHTH SCHEDULE. Section 21.

Oath.

I, a.b., do swear that, except as may be required by law, I will not divulge any information (including the contents of any document) of which I have become aware by reason of my membership of the Administrator’s Council for the Territory of Papua and New Guinea: So help me God !

Affirmation.

I, a.b., do solemnly and sincerely promise and declare that, except as may be required by law, I will not divulge any information (including the contents of any document) of which I have become aware by reason of my membership of the Administrator’s Council for the Territory of Papua and New Guinea.

Existing in members of Legislative Council to cease to hold office.

15. Upon the commencement of this section—

(a) the term of office of every elected member of the Legislative Council for the Territory of Papua and New Guinea shall be deemed to expire; and

(b) all other members of that Council, except the Administrator of the Territory shall, by force of this section, cease to hold office.

Elected members of Legislative Council to cease to hold office upon establishment of common roll.

16. Upon the date fixed in pursuance of sub-section (3.) of section thirty-six of the Principal Act, as amended by this Act, the term of office of every elected member of the Legislative Council for the Territory of Papua and New Guinea holding office on that date shall be deemed to expire.

Ordinances relating to reconstituted Legislative Council and the Council and the Administrator’s Council.

17. At any time after the date on which this Act receives the Royal Assent, Ordinances may be made for the purposes of the Principal Act as amended by any of the provisions of this Act that are not to come into operation on that date.

Overview

The Papua and New Guinea Act (No. 2) 1960 was enacted to address the governance needs of the Territories of Papua and New Guinea. This legislation amended the Papua and New Guinea Act 1949–1957, updating and refining the legal framework for the administration of these territories. The Act was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and its primary objective is to establish and regulate the structure of the Administrator’s Council and the Legislative Council for effective governance. The Act introduces changes to the composition and functions of these councils, ensuring they are better equipped to advise the Administrator and represent the interests of the territories.

Scope and Application

The Papua and New Guinea Act (No. 2) 1960 applies to the administration of the Territories of Papua and New Guinea, specifically to the governance structures, including the roles and responsibilities of the Administrator’s Council, the Legislative Council, and the electoral processes for the Council. This Act amends the Principal Act, which is the Papua and New Guinea Act 1949–1957, as subsequently amended by the Papua and New Guinea Act 1960. The Act applies to the Administrator, members of the Legislative Council, and other individuals who are appointed or elected to these bodies. The changes introduced by the Act include the establishment of the Administrator’s Council, modifications to the composition and functions of the Legislative Council, and provisions for the appointment and resignation of Council members. Geographic jurisdiction of the Act is limited to the territories of Papua and New Guinea. Certain sections of the Act are subject to commencement dates to be fixed by Proclamation, which may extend or restrict the application of the Act through subordinate instruments.

Key Provisions

The Papua and New Guinea Act (No. 2) 1960 outlines several key provisions that redefine the governance structure of the territories of Papua and New Guinea. The Act modifies the existing Papua and New Guinea Act 1949-1957, which is referred to as the Principal Act within the new legislation (s.1). The Act comes into operation on the day of Royal Assent, with specific sections commencing on dates to be fixed by Proclamation (s.2). One of the most significant changes is the replacement of the Executive Council with the Administrator's Council (s.4, s.5). The Administrator’s Council will consist of the Administrator, three official members, and three non-official members of the Legislative Council, with at least two of the latter being elected members (s.19(2)). Members are appointed by the Minister on the Administrator's nomination and hold office during the Minister's pleasure, with specific rules governing resignation and vacancies (s.19(3)-(9)). The Act imposes specific obligations on the parties involved. Members of the Administrator’s Council must take an oath or affirmation before assuming office (s.21(1)), and they are required to maintain confidentiality about any information obtained through their membership (s.21(2), Eighth Schedule). The Legislative Council's composition is also redefined, with specific requirements for the appointment and election of its members, including the appointment of native members and ensuring geographical representation (s.8(1)-(4)). The Act further mandates that the Administrator must exercise his nomination powers to meet these specific requirements (s.8(2)). Failure to comply with the Act's provisions can lead to various consequences. While the Act does not explicitly list offences or penalties, breaches of confidentiality by members of the Administrator’s Council could potentially lead to legal action for breach of trust or misuse of confidential information under common law or other applicable statutes. Additionally, failure to adhere to the prescribed procedures for appointment, election, and resignation could result in the invalidation of certain actions or decisions made by the Council, thereby affecting the governance of the territories. The precise legal consequences of such breaches would depend on the specific nature of the non-compliance and the applicable laws at the time.

Area of Law: Constitutional Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Legislative Council; Administrator’s Council

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.

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