Papua New Guinea (Application of Laws) Act 1973
No. 121, 1973
An Act relating to Acts that have effect in Papua New Guinea
Contents
1 Short title
2 Commencement
3 Interpretation
4 Modification of Acts............................
5 Application of Acts Interpretation Act
Papua New Guinea (Application of Laws) Act 1973
No. 121, 1973
An Act relating to Acts that have effect in Papua New Guinea
[Assented to 30 October 1973]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Papua New Guinea (Application of Laws) Act 1973.
2 Commencement
This Act shall come into operation on the day it receives the Royal Assent.
3 Interpretation
In this Act, unless the contrary intention appears, Act includes part of an Act.
4 Modification of Acts
(1) Where an Act has effect, of its own force, as part of the law of Papua New Guinea, the Governor‑General may make regulations providing that the Act is to cease so to have effect.
(2) Where regulations are made under subsection (1) in relation to an Act, those regulations, or regulations amending those regulations, may:
(a) make provision for and in relation to the application of the Act, as part of the law of Australia, in relation to Papua New Guinea and persons, matters and things connected with Papua New Guinea; and
(b) make consequential and transitional provisions, including provisions having effect in Papua New Guinea.
5 Application of Acts Interpretation Act
Without limiting the operation of section 46 of the Acts Interpretation Act 1901‑1973, where regulations are made under this Act in relation to an Act (in this section referred to as the modified Act), Part III of the Acts Interpretation Act 1901‑1973 applies as if those regulations were an Act repealing the modified Act to the extent that it had effect, of its own force, as part of the law of Papua New Guinea.
Overview
The Papua New Guinea (Application of Laws) Act 1973, enacted by the Parliament of Australia, was designed to address the need for a legal framework that governs the application and cessation of Australian laws in Papua New Guinea. This Act was enacted to facilitate the orderly transition and application of Australian legislative provisions in Papua New Guinea, ensuring that any Australian laws previously applicable to Papua New Guinea could be appropriately modified or ceased through regulation. The overarching policy objective of the Act is to provide a clear mechanism for the Governor-General to make regulations that determine the applicability of Australian laws to Papua New Guinea and its associated territories, thereby ensuring a seamless legal transition and application process.
Scope and Application
The Papua New Guinea (Application of Laws) Act 1973 applies to any Australian legislation that has effect as part of the law of Papua New Guinea. This Act allows the Governor-General to make regulations that modify the application of such Australian Acts, either by ceasing their effect in Papua New Guinea or altering their application in Australia concerning Papua New Guinea and related matters. The Act enables the creation of consequential and transitional regulations, including those with effect in Papua New Guinea. Additionally, the Act incorporates the provisions of the Acts Interpretation Act 1901-1973, treating regulations made under this Act as if they were repealing the relevant Australian Acts to the extent that they have effect in Papua New Guinea. This ensures consistency in the interpretation and application of Australian laws within the specified context.
Key Provisions
The Papua New Guinea (Application of Laws) Act 1973 (the "Act") governs the application and cessation of certain Australian laws in Papua New Guinea. Section 4(1) allows the Governor-General to make regulations to cease an Act's effect as part of Papua New Guinea's law, while Section 4(2) permits the creation of regulations that specify how the Act applies to Papua New Guinea and related matters, along with any consequential or transitional provisions. Section 5 applies Part III of the Acts Interpretation Act 1901-1973 to these regulations as if they were repealing the Act in question.
Under this Act, the Governor-General has the authority to modify the application of Australian laws in Papua New Guinea through regulations. These regulations can cease an Act's automatic effect as part of Papua New Guinea's law, provide for its application to Papua New Guinea and related matters, and include any necessary consequential or transitional provisions. This mechanism allows for a tailored approach to the application of Australian laws in Papua New Guinea, ensuring that they are applied in a manner that is appropriate to the unique circumstances of the region.
Entities and individuals subject to the Act must comply with the regulations made under it. This includes adhering to any provisions that cease the automatic application of Australian laws in Papua New Guinea, as well as any provisions that specify how the laws are to be applied in the region. Failure to comply with these regulations may result in legal consequences, including potential penalties.
Breach of the regulations made under the Act may result in both civil and criminal consequences. While the Act does not specify the exact nature of these consequences, it is likely that they would be determined by the content of the regulations themselves. In general, penalties for breaches of Australian law can include fines, imprisonment, or both, depending on the severity of the offence. The maximum penalties for specific offences would be outlined in the relevant legislation or regulations.