Papua New Guinea Act (No. 2) 1974

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PAPUA NEW GUINEA ACT (No. 2) 1974

No. 161 of 1974

An Act relating to Papua New Guinea.

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 (No. 2) 1974.

(2) The Papua New Guinea Act 1949-1973, as amended by the Papua New Guinea Act 1974, is in this Act referred to as the Principal Act.

(3) Section 1 of the Papua New Guinea Act 1974 is amended by omitting sub-section (2).

(4) The Principal Act, as amended by this Act, may be cited as the Papua New Guinea Act 1949-1974.

Commencement.

2. (1) Sections 1, 2 and 11 shall come into operation on the date on which this Act receives the Royal Assent.

(2) Sections 4 to 10 (inclusive) shall come into operation on a date to be fixed by Proclamation.

(3) Section 3 shall come into operation on a date to be fixed by Proclamation.

Interpretation.

3. Section 5 of the Principal Act is amended by omitting paragraphs (a) and (b) of sub-section (1a).

Constitution of Supreme Court.

4. Section 58 of the Principal Act is amended by omitting from sub-sections (2) and (5a) the word “Governor-General” and substituting the words “High Commissioner”.

Appointment of Chief Justice and other judges.

5. Section 59 of the Principal Act is amended by omitting the word “Governor-General” (wherever occurring) and substituting the words “High Commissioner”.

Acting judges.

6. Section 60 of the Principal Act is amended by omitting the word “Governor-General” (wherever occurring) and substituting the words “High Commissioner”.

Qualifications of judges.

7. Section 61 of the Principal Act is amended by omitting from sub paragraph (ii) of paragraph (a) the word “Governor-General” and substituting the words “High Commissioner”.

Rules of Court.

8. Section 62a of the Principal Act is amended—

(a) by omitting sub-section (3) and substituting the following sub-section:—

“(3) The power to make Rules of Court conferred by this section does not include power to make Rules that are inconsistent with an enactment and, on the coming into operation of an enactment that is inconsistent with Rules of Court, the Rules of Court cease to have effect to the extent of the inconsistency.”; and

(b) by omitting sub-sections (5) to (9) (inclusive) and substituting the following sub-sections:—

“(5) The Chief Justice shall cause a copy of Rules of Court made in pursuance of this section to be laid before the House of Assembly at a meeting of that House within 15 sitting days of that House after the date on which notice of the making of the Rules is published in the Government Gazette.

“(6) The House of Assembly may, by resolution passed at the meeting at which any Rules of Court are laid before it, or at the next succeeding meeting, disallow the Rules or part of the Rules, and the Rules, or the part of the Rules, so disallowed shall thereupon cease to have effect.

“(7) Notice of a disallowance under sub-section (6) shall be published in the Government Gazette.

“(8) The disallowance of any Rules of Court or of a part of any Rules of Court has, subject to sub-section (9), the same effect as a repeal of the Rules or of the part of the Rules.

“(9) If a disallowed Rule of Court or a disallowed part of a Rule of Court amended or repealed a Rule of Court in force immediately before the commencement of the disallowed Rule or part, the disallowance revives the previous Rule of Court on and from the date of the disallowance as if the disallowed Rule or part had not been made.”.

Appeals to High Court.

9. Section 64 of the Principal Act is repealed.

Grant of pardon, remission, &c.

10. Section 73 of the Principal Act is amended by omitting from sub-section (2) the word “Governor-General” and substituting the words “High Commissioner”.

Transitional

11. (1) The amendment made by section 3 does not have effect in relation to a proposed law that was passed by the House of Assembly, but not assented to by the Governor-General, before the commencement of that section.

(2) Where, immediately before the prescribed date, a person held office as a judge of the Supreme Court of Papua New Guinea under section 59 of the Principal Act or as an acting judge of that Court under section 60 of that Act, that person ceases, on that date, so to hold office but is eligible for appointment as a judge of that Court under section 59 of the Principal Act as amended by this Act or as an acting judge of that Court under section 60 of that Act as so amended.

(3) Subject to the Rules of Court of the Supreme Court of Papua New Guinea and to any direction or order given after the prescribed date by a judge of that Court with respect to matters of practice and procedure, any proceedings in that Court as constituted immediately before that date that were pending or uncompleted immediately before that date may be continued and completed on and after that date in that Court as so constituted.

(5) The amendments made by section 8 have no effect in relation to Rules of Court made before the prescribed date.

(6) Notwithstanding the repeal effected by section 9, section 64 of the Principal Act continues to have effect in relation to an appeal, or an application for leave to appeal, under that section that was pending in the High Court before the prescribed date and in relation to any appeal arising out of such an application for leave to appeal.

(6) A warrant given by the Governor-General under sub-section 73(2) of the Principal Act and in force immediately before the prescribed date continues in force on and after the date as if it had been given by the High Commissioner under that sub-section as amended by section 10 of this Act.

(7) In this section, “prescribed date” means the date fixed under sub-section 2(2).

 

Overview

The Papua New Guinea Act (No. 2) 1974 was enacted by the Queen, the Senate, and the House of Representatives of Australia to address the constitutional and administrative changes following Papua New Guinea's transition towards independence. This Act amends the existing Papua New Guinea Act 1949-1973 to reflect the new political reality, particularly in the roles and responsibilities of the High Commissioner, replacing those previously held by the Governor-General. The key policy objective is to ensure that the legislative framework aligns with Papua New Guinea's evolving status and governance structures. The Act provides a smooth transition by maintaining the continuity of existing judicial functions and proceedings, while updating the legislative provisions to reflect the new roles and authorities. This legislative amendment was necessary to facilitate Papua New Guinea's progression towards self-governance, ensuring that the legal and administrative framework adapts to the new political environment. The Act’s amendments cover the constitution of the Supreme Court, the appointment and qualifications of judges, rules of court, and the process for granting pardons and remissions. By updating these provisions, the Act aims to support the judicial independence and integrity of Papua New Guinea's legal system as it moves towards full sovereignty.

Scope and Application

The Papua New Guinea Act (No. 2) 1974 applies to the constitutional and judicial framework of Papua New Guinea, amending the Papua New Guinea Act 1949-1973. This Act specifically pertains to the governance and judicial appointments within Papua New Guinea, affecting entities such as the Supreme Court and the High Commissioner. The legislation delineates the roles and powers of the High Commissioner in place of the former Governor-General, encompassing appointments of judges, the establishment of court rules, and the granting of pardons or remissions. The jurisdictional scope of this Act is limited to Papua New Guinea, and it affects both the legislative and judicial branches within that territory. It also stipulates transitional provisions to ensure continuity in judicial processes during the changeover from the Governor-General to the High Commissioner, ensuring that existing proceedings and appointments remain valid under the new framework. The Act does not explicitly state exclusions or thresholds but focuses on the substitution of roles and powers within the judicial system of Papua New Guinea.

Key Provisions

The Papua New Guinea Act (No. 2) 1974 primarily serves to amend the existing Papua New Guinea Act 1949-1973. Sections 1, 2, and 11 of the Act come into force upon receiving the Royal Assent, while Sections 4 to 10, as well as Section 3, are set to be activated by a future proclamation (sections 2(1) and (2)). The Act amends the interpretation of terms within the Principal Act by removing certain definitions (section 3). It also changes the constitutional role of the Supreme Court, replacing the Governor-General with the High Commissioner in certain capacities, such as the appointment of the Chief Justice and other judges, and the qualification of judges (sections 4, 5, 6, and 7). Additionally, the Act modifies the rules governing the making of court rules, ensuring they do not conflict with enacted laws and providing a mechanism for the House of Assembly to disallow certain rules (section 8). The Act repeals the ability to appeal to the High Court (section 9) and similarly replaces the Governor-General with the High Commissioner in matters of pardon and remission (section 10). The obligations under the Act require that certain judicial functions previously performed by the Governor-General are now to be carried out by the High Commissioner, which includes the appointment and qualification of judges, as well as the power to grant pardons, remissions, and paroles (sections 5, 6, 7, and 10). The Chief Justice is mandated to lay copies of new Rules of Court before the House of Assembly within 15 sitting days of their publication in the Government Gazette, and the House has the authority to disallow these rules (section 8(5) and (6)). Furthermore, any proceedings in the Supreme Court that were pending before the commencement of the Act may continue post-commencement (section 11(3)). Failure to comply with the provisions of the Act may result in legal consequences. While the Act itself does not explicitly state penalties for non-compliance, the nature of the changes suggests that acting contrary to the new provisions, such as appointing judges without the authority of the High Commissioner or ignoring the disallowance process for court rules, could lead to judicial reviews or other legal challenges. The repealed ability to appeal to the High Court means that any existing appeals must be handled according to the Act's transitional provisions (section 9), and any warrant issued by the Governor-General before the Act's commencement remains valid (section 11(6)).

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Constitutional Law
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Act
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Commencement Provisions
Repeal & Amendment
Transitional Provisions
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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.