Papua New Guinea (Application of Laws) Regulations (Amendment)

Overview

The Papua New Guinea (Application of Laws) Regulations 1975 were enacted by the Administrator of the Government of Australia under the Papua New Guinea (Application of Laws) Act 1973. These regulations address the issue of how Australian defence legislation applies in Papua New Guinea, particularly concerning the transition of defence forces and the applicability of Australian laws to members of the Papua New Guinea Defence Force and the Australian Defence Force when they are operating together. The policy objective of these regulations is to ensure a smooth legal transition and continued operational effectiveness in the region by clearly delineating the jurisdictions and authorities of the respective defence forces. The regulations provide for the cessation of certain Australian defence acts from applying in Papua New Guinea while ensuring that they continue to apply to Australian Defence Force members while in Papua New Guinea, and to Papua New Guinea Defence Force members while in Australia, thus maintaining continuity in command and operational contexts.

Scope and Application

The Papua New Guinea (Application of Laws) Regulations, made under the Papua New Guinea (Application of Laws) Act 1973, govern the application of certain Australian defence-related legislation to members of the Australian Defence Force and the Papua New Guinea Defence Force in specific circumstances. These regulations came into effect on 6 March 1975 and modify the existing laws by ceasing their application to Papua New Guinea, except for certain provisions that continue to apply to members of the Australian Defence Force when they are in Papua New Guinea and to powers of command over members of the Papua New Guinea Defence Force and members of the Australian Defence Force when those forces are acting together. Furthermore, the regulations discharge members of the Pacific Islands Regiment of the Australian Military Forces and the Papua New Guinea Division of the Australian Naval Forces from their Australian military affiliations, permitting their transfer to the Papua New Guinea Defence Force. The Governor-General has the authority to declare the conditions for the continued application of specified acts and to determine the relative ranks, seniority, and precedence of members of the two forces when acting together. Additionally, the immunities and protections provided under Australian defence acts extend to members of the Papua New Guinea Defence Force when they are in Australia.

Key Provisions

The main operative sections of these Regulations are concerned with the cessation and continued application of certain Australian defence-related legislation in Papua New Guinea (PNG). Regulation 17 (1) provides that the Defence Act 1903-1973, the Naval Defence Act 1910-1973, the Air Force Act 1923-1973, and the Courts-Martial Appeals Act 1955-1973 will cease to have effect as part of the law of PNG as of the commencement date of these Regulations. Regulation 17 (2) specifies that these Acts will continue to apply as part of Australian law in relation to members of the Australian Defence Force (ADF) while they are in PNG and in relation to the command (but not discipline) over members of the PNG Defence Force and ADF members when the Forces are acting together. Regulation 17 (3) and (4) provide for the discharge of members of the Pacific Islands Regiment of the ADF and the PNG Division of the Australian Naval Forces, respectively, with the possibility of transfer to the PNG Defence Force under PNG law. Regulation 17 (5) allows the Governor-General to declare when the specified Acts will apply in relation to members of the PNG Defence Force and ADF when the Forces are acting together and to determine the relative ranks, seniority, and precedence of those members. Regulation 17 (6) extends immunities to members of the PNG Defence Force and vehicles used by that Force while in Australia, and Regulation 17 (7) applies certain Australian military regulations to members of the PNG Defence Force while in Australia. The Regulations impose several obligations and requirements on parties and entities governed by them. Firstly, they require the cessation of the specified defence-related legislation as part of the law of PNG. Secondly, they mandate the continued application of these Acts as part of Australian law in relation to ADF members in PNG and when the ADF and PNG Defence Force are acting together. Thirdly, they establish the process for the discharge of members of the Pacific Islands Regiment of the ADF and the PNG Division of the Australian Naval Forces, with the possibility of transfer to the PNG Defence Force. Fourthly, they allow the Governor-General to declare when the specified Acts will apply and to determine the relative ranks, seniority, and precedence of members of the PNG Defence Force and ADF when the Forces are acting together. Lastly, they extend immunities to members of the PNG Defence Force while in Australia and apply certain Australian military regulations to those members while in Australia. The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the provisions concerning the cessation and continued application of Australian defence-related legislation in PNG, the discharge of members of the Pacific Islands Regiment of the ADF and the PNG Division of the Australian Naval Forces, and the extension of immunities and application of military regulations may have legal consequences. For example, the non-compliance with the discharge provisions could result in legal disputes regarding the status of the affected individuals and their potential transfer to the PNG Defence Force. Additionally, the failure to comply with the provisions concerning the application of Australian defence-related legislation in PNG and the extension of immunities and application of military regulations could lead to legal challenges and disputes between the parties involved.