Papua New Guinea Act 1973

Legislation au C1973A00069 Not in force Act

Legislation content

Papua New Guinea Act 1973

No. 69 of 1973

 

AN ACT

To amend the Papua New Guinea Act 1949–1972.

[Assented to 18 June 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Papua New Guinea Act 1973.

(2) The Papua New Guinea Act 1949–1972, 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 New Guinea Act 1949–1973.

Commencement.

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

(2) Sub-section 3(1) and sections 5 and 8 shall come into operation on a date to be fixed by Proclamation.


(3) Sub-section 3(2) and sections 4, 6, 9 and 10 shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of the Papua New Guinea (Staffing Assistance) Act 1973.

Parts.

3. (1) Section 4 of the Principal Act is amended by omitting the words—

“Part I.—Preliminary (Sections 1–5).”

and substituting the words—

“Part I.—Preliminary (Sections 1–5a.).”.

(2) Section 4 of the Principal Act is amended, by omitting the words—

“Division 4.—The Public Service (Sections 30–31).”

and substituting the words—

“Division 4.—The Public Service (Section 30).”.

Interpretation.

4. Section 5 of the Principal Act is amended by omitting from the definition of “officer” or “officer of Papua New Guinea” in sub-section (1) all the words after the words “Public Service” (first occurring).

5. After section 5 of the Principal Act the following section is inserted in Part I:—

Position of certain meridians.

“5a. (1) For the purposes of the description of the Territory of New Guinea in the Second Schedule to this Act and of the description of the Territory of Papua in the Third Schedule to this Act, the meridian of Longitude 141° East shall, in accordance with paragraph (a) of Article 1 of the Boundary Agreement, be deemed to lie along the geodesic lines successively linking the meridian markers situated at or about the following points, namely:—

(a) the point of Latitude 2° 35′ 39″ South, Longitude 141° East;

(b) the point of Latitude 2° 40′ 42″ South, Longitude 141° East;

(c) the point of Latitude 3° 01′ 27″ South, Longitude 141° East;

(d) the point of Latitude 3° 14′ 02″ South, Longitude 141° East;

(e) the point of Latitude 3° 55′ 22″ South, Longitude 141° East;

(f) the point of Latitude 4° 08′ 41″ South, Longitude 141° East;

(g) the point of Latitude 4° 54′ 54″ South, Longitude 141° East;

(h) the point of Latitude 5° 38′ 33″ South, Longitude 141° East;

(i) the point of Latitude 5° 52′ 39″ South, Longitude 141° East;

(j) the point of Latitude 6° 19′ 32″ South, Longitude 141° East.

“(2) For the purposes of the description of the Territory of Papua in the Third Schedule to this Act, the meridian of Longitude 141° 01’ 10” East shall, in accordance with paragraph (c) of Article 1 of the Boundary Agreement, be deemed to lie along the geodesic lines successively linking the meridian markers situated at or about the following points, namely:—

(a) the point of Latitude 6° 53′ 27″ South, Longitude 141° 01’ 10” East;


(b) the point of Latitude 7° 49′ 19″ South, Longitude 141° 01’ 10” East;

(c) the point of Latitude 8° 25′ 45″ South, Longitude 141° 01’ 10” East;

(d) the point of Latitude 9° 07′ 37″ South, Longitude 141° 01’ 10” East.

“(3) In this section—

‘Boundary Agreement’ means the Agreement between Australia and Indonesia concerning certain boundaries between Papua New Guinea and Indonesia signed at Jakarta on 12th February, 1973;

‘meridian marker’ means a marker established on the ground by the Australian and Indonesian Survey Authorities in the course of the survey of the border between Papua New Guinea and Indonesia carried out by those Authorities during the years 1966 and 1967.”.

6. Sections 30, 30a and 31 of the Principal Act are repealed and the following section is substituted:—

The Public Service.

“30. (1) There shall be a Public Service of Papua New Guinea.

“(2) Provision may be made by Ordinance for or in relation to—

(a) the appointment of persons to the Public Service as officers;

(b) the employment of other persons in the Public Service; and

(c) the terms and conditions of appointment to, and employment in, the Public Service.”.

Audit.

7. Section 76 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2) Sub-section (1) does not apply in relation to accounts in respect of acts or transactions occurring after a date to be fixed by Proclamation.”.

Third Schedule.

8. The Principal Act is amended by omitting the Third Schedule and substituting the following Schedule:—

THIRD SCHEDULE Section 5

THE TERRITORY OF PAPUA

The south-eastern part of the island of New Guinea contained within an area bounded by a line that commences at the intersection of the rhumb line that commences at a point 9° 23′ south latitude, 140° 52′ east longitude and terminates at a point 9° 08′ 08″ south latitude, 141° 01′ 10″ east longitude by the coastline at mean low water (or, if at any time that rhumb line is not intersected by the coastline at mean low water, by a line that commences at the intersection of the meridian 141° 01′ 10″ east longitude by the coastline at mean low water) and runs thence eastward along the coastline at mean low water as far as East Cape, thence north-westward along the coastline at mean low water as far as the parallel 8° south latitude in the neighbourhood of Mitre Rock, thence west along that parallel to the meridian 147° east longitude, thence in a north-westerly direction to the point of intersection of the parallel 6° south latitude and of the meridian 144° east longitude, thence in a west-north-westerly direction to the point of intersection of the parallel 5° south latitude and of the meridian 141° east longitude, thence south along that meridian to the most northerly intersection of that meridian


with the Fly River, thence along the waterway of the Fly River to its most southerly intersection with the meridian 141° 01′ 10″ east longitude, thence south along that meridian to the point of commencement (or, if the point of commencement is not on that meridian, to a point 9° 08′ 08″ south latitude, 141° 01′ 10″ east longitude, thence south-westerly along the rhumb line previously mentioned to the point of commencement), together with the Trobriand, Woodlark, D’Entrecasteanx, and Louisiade Groups of Islands and all other Islands lying between the parallels 8° and 12° south latitude and between the meridians 141” and 155° east longitude and not forming part of the State of Queensland, and furthermore including all Islands and Reefs lying in the Gulf of Papua to the northward of the parallel 8° south latitude.

Repeal of Tenth Schedule.

9. The Tenth Schedule to the Principal Act is repealed.

Transitional provisions.

10. (1) Where, immediately before the commencement of this section, a person (other than a person who is employed under Part II of the Papua New Guinea (Staffing Assistance) Act 1973) was an officer of, or was employed in, the Public Service, his appointment or employment, as the case may be, continues in effect as if he had been appointed or employed under an Ordinance made for the purposes of section 30 of the Principal Act as amended by this Act.

(2) Except as otherwise provided in the Papua New Guinea (Staffing Assistance) Act 1973, an Ordinance that was in effect for the purposes of section 30 or 31 of the Principal Act immediately before the commencement of this section continues in effect as if it had been made for the purposes of section 30 of the Principal Act as amended by this Act.

(3) For the purposes of the application of paragraph 37 (1) (a) of the Principal Act as amended by this Act, a person employed under Part II of the Papua New Guinea (Staffing Assistance) Act 1973 shall be deemed to be an officer of Papua New Guinea.

(4) Sub-section (3) shall cease to have effect on a date fixed by the Minister by notice published in the Gazette.

 

Overview

The Papua New Guinea Act 1973, enacted by the Queen, the Senate and the House of Representatives of Australia, was introduced to amend the existing Papua New Guinea Act 1949–1972. This legislative update was necessary to reflect changes in the administrative and territorial arrangements between Australia and Papua New Guinea, particularly in light of the boundary agreements reached with Indonesia. The primary objective of the Act was to refine and clarify the definitions, territories, and public service provisions within Papua New Guinea, ensuring that the governance structure aligns with contemporary geopolitical realities. This Act, therefore, serves to modernise and adapt the legal framework governing Papua New Guinea's relationship with Australia, addressing gaps and inconsistencies in the previous legislation. The Act repealed certain sections of the Principal Act and introduced new provisions to better define the territories of Papua New Guinea and Papua, as well as to establish a streamlined public service structure. By doing so, it aimed to ensure that the legal provisions governing Papua New Guinea are clear, up-to-date, and capable of supporting the territory's evolving administrative needs. The amendments also included specific adjustments to the interpretation of key terms and the delineation of geographic boundaries, reflecting the outcomes of the Boundary Agreement between Australia and Indonesia.

Scope and Application

The Papua New Guinea Act 1973 amends the Papua New Guinea Act 1949–1972 to update and refine the legal framework governing the administration and governance of Papua New Guinea in its transition towards independence. The Act applies to the Public Service of Papua New Guinea, including its officers and employees, and it specifies the terms and conditions of their appointments and employment through the issuance of Ordinances. The scope of the Act is limited to Papua New Guinea and it does not extend to the external territories of Australia. The Act further delineates the geographic boundaries of the territories of New Guinea and Papua, providing precise coordinates and descriptions based on the Boundary Agreement with Indonesia. The Act allows for the continuation of existing appointments and employments under the previous legislative framework until superseded by new ordinances, ensuring a smooth transition during this period of change. Any accounts related to acts or transactions occurring after a specified date are exempt from certain audit provisions, as determined by a future proclamation. The Act's provisions are subject to further detailing and modification through subordinate legislation, as evidenced by the specific commencement dates set out for certain sections.

Key Provisions

The Papua New Guinea Act 1973 (referred to as the "Act") amends the Papua New Guinea Act 1949-1972 (referred to as the "Principal Act") by making several key changes. Firstly, the Act amends the definition of "officer" or "officer of Papua New Guinea" in the Principal Act to exclude any reference to the Public Service (section 4). It also modifies the structure of the Principal Act by inserting new sections and removing outdated divisions and sections (section 3). Additionally, the Act specifies the position of certain meridians for the purposes of describing the Territory of New Guinea and the Territory of Papua, based on the Boundary Agreement between Australia and Indonesia (section 5a). The Act further repeals sections related to the Public Service and replaces them with a new section that establishes the Public Service of Papua New Guinea, with provisions for appointment, employment, and terms and conditions (section 30). It also amends the audit provisions of the Principal Act to exclude certain accounts from the application of the audit requirements (section 76). The Act replaces the Third Schedule of the Principal Act with a new description of the Territory of Papua (section 8) and repeals the Tenth Schedule (section 9). Lastly, the Act includes transitional provisions to ensure continuity of appointments and employment in the Public Service and to deem certain employees as officers of Papua New Guinea (section 10). The Act imposes obligations on various parties, including the requirement for the Public Service of Papua New Guinea to be established and for provisions to be made by Ordinance for the appointment and employment of persons within the Public Service, as well as the setting of terms and conditions for such appointments and employment (section 30). It also imposes specific requirements regarding the description of territorial boundaries based on the Boundary Agreement and the position of certain meridians (section 5a). Furthermore, the Act requires that certain accounts be excluded from the application of audit requirements (section 76). Transitional provisions are also imposed to ensure the continuity of appointments and employment in the Public Service and to deem certain employees as officers of Papua New Guinea (section 10). The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, breaches of the provisions related to the Public Service, territorial boundaries, and audit requirements may potentially lead to legal consequences under other applicable laws or regulations. The maximum penalties for such breaches would depend on the specific nature of the breach and the relevant laws under which it is prosecuted.

Legal classification tags

Area of Law
Constitutional Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.