Statutory Rules
1974 No. 120
REGULATION UNDER THE PAPUA NEW GUINEA (APPLICATION OF LAWS) ACT 1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Papua New Guinea (Application of Laws) Act 1973.
Dated this second day of July, 1974.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
W. L. MORRISON
Minister of State for Science for and on behalf of the Minister of State for Foreign Affairs.
Amendment of the Papua New Guinea (Application of Laws) Regulation †
After regulation 8 of the Papua New Guinea (Application of Laws) Regulations the following regulations are added:—
Cessation of part of Canned Fruits Export Marketing Act 1963-1973.
“9. Section 34 of the Canned Fruits Export Marketing Act 1963-1973 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.
Cessation of part of Dried Fruits Export Control Act 1924-1973.
“10. Section 23 of the Dried Fruits Export Control Act 1924-1973 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.
Cessation of part of Honey industry Act 1962-1973.
“11. Section 28 of the Honey Industry Act 1962-1973 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.
Cessation of part of Meat Industry Act 1964-1973.
“12. Section 38 of the Meat Industry Act 1964-1973 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.
Cessation of part of Wool Industry Act 1972-1973.
“13. Section 87 of the Wool Industry Act 1972-1973 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.
Cessation of part of Tobacco Marketing Act 1965-1973.
“14. Section 25 of the Tobacco Marketing Act 1965-1973 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.
* Notified in the Australian Government Gazette on 15 July 1974.
† Statutory Rules 1973, No. 243, as amended by Statutory Rules 1974, No. 94.
Cessation of Fisheries Act 1952-1974.
“15. (1) The Fisheries Act 1952-1974 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.
“(2) In the continued application of the Fisheries Act 1952-1974 as part of the law of Australia in relation to Papua New Guinea, the several courts of Papua New Guinea no longer have jurisdiction with respect to offences against that Act or the Regulations under that Act that are committed outside Australia and the Territories.
“(3) Where proceedings with respect to an offence against the Fisheries Act 1952-1974 or the Regulations under that Act have, before the commencement of this regulation, been commenced in a court in Papua New Guinea, that court continues to have with respect to that offence the jurisdiction conferred on it by section 15 of that Act.
Cessation of Whaling Act 1960-1973.
“16. The Whaling Act 1960-1973 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.”.
Overview
The Papua New Guinea (Application of Laws) Regulation, made under the Papua New Guinea (Application of Laws) Act 1973, was enacted in 1974 to address the need for adjusting the application of Australian laws in Papua New Guinea. This legislative instrument was made by the Governor-General, acting with the advice of the Executive Council, and signed by the Governor-General, Paul Hasluck, on 2 July 1974. The regulation aims to discontinue the application of specific Australian Acts in Papua New Guinea, facilitating a more tailored legal framework for the region. The regulation specifies the cessation of certain Australian laws, including parts of the Canned Fruits Export Marketing Act 1963-1973, the Dried Fruits Export Control Act 1924-1973, the Honey Industry Act 1962-1973, the Meat Industry Act 1964-1973, the Wool Industry Act 1972-1973, the Tobacco Marketing Act 1965-1973, the Fisheries Act 1952-1974, and the Whaling Act 1960-1973, as part of the law of Papua New Guinea from the date of the regulation's commencement.
Scope and Application
The Regulation under the Papua New Guinea (Application of Laws) Act 1973 made by the Governor-General and coming into effect on 2 July 1974, modifies the applicability of several Australian Acts in Papua New Guinea. This regulation specifically affects the Canned Fruits Export Marketing Act 1963-1973, Dried Fruits Export Control Act 1924-1973, Honey Industry Act 1962-1973, Meat Industry Act 1964-1973, Wool Industry Act 1972-1973, Tobacco Marketing Act 1965-1973, Fisheries Act 1952-1974, and Whaling Act 1960-1973 by removing their effect as part of the law of Papua New Guinea. The regulation also addresses jurisdictional issues concerning the Fisheries Act 1952-1974, limiting the courts of Papua New Guinea from having jurisdiction over offences committed outside Australia and its territories, while permitting ongoing proceedings to continue in Papua New Guinean courts if they were initiated prior to the regulation's commencement. This legislative instrument demonstrates the Commonwealth’s ability to alter the application of Australian laws in Papua New Guinea through subordinate legislation.
Key Provisions
The main operative sections of this regulation are sections 9 through 16, which specify the cessation of certain Australian Acts as part of the law of Papua New Guinea. Specifically, sections 9 to 14 detail the cessation of particular sections of the Canned Fruits Export Marketing Act 1963-1973, the Dried Fruits Export Control Act 1924-1973, the Honey Industry Act 1962-1973, the Meat Industry Act 1964-1973, the Wool Industry Act 1972-1973, and the Tobacco Marketing Act 1965-1973. Section 15 addresses the cessation of the Fisheries Act 1952-1974, while section 16 concerns the cessation of the Whaling Act 1960-1973. These sections effectively remove the specified Australian legislation from the legal framework of Papua New Guinea, effective from the date of commencement of this regulation.
The obligations and requirements imposed by this regulation primarily concern the cessation of specified Australian Acts and sections as part of the law of Papua New Guinea. The regulation mandates that these laws and sections no longer apply within Papua New Guinea from the date of commencement. Additionally, it alters jurisdictional aspects concerning the Fisheries Act 1952-1974, ensuring that Papua New Guinean courts no longer have jurisdiction over offences committed outside Australia and its territories, while maintaining jurisdiction for ongoing proceedings.
Under this regulation, any breach of the specified cessation provisions could result in legal consequences. While the regulation itself does not explicitly outline penalties for non-compliance, the cessation of these laws means that any violations occurring after the commencement date would be subject to the applicable laws of Papua New Guinea or any other relevant jurisdiction. The omission of specific penalties within the regulation suggests that the primary enforcement mechanism relies on the existing legal frameworks of Papua New Guinea and Australia.
In summary, the regulation mandates the cessation of certain Australian Acts and sections from the legal framework of Papua New Guinea, imposes obligations on parties to comply with these changes, and implicitly relies on existing legal frameworks for enforcement of any breaches occurring post-commencement. This regulatory action aligns with broader legislative strategies to adapt legal frameworks in response to changing governance and jurisdictional needs.