Papua New Guinea (Application of Laws) Regulations

Administered by Department of Foreign Affairs and Trade

Legislation au F1997B02295 Regulations Not in force Legislative Instrument

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Papua New Guinea (Application of Laws) Regulations

Statutory Rules 1973 No. 243 as amended

made under the

Papua New Guinea (Application of Laws) Act 1973

This compilation was prepared on 21 July 2004
taking into account amendments up to SR 1979 No. 71

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

 

 

Contents

 1 Citation [see Note 1] 

 2 Cessation of Broadcasting and Television Act 1942

 3 Cessation of the Overseas Telecommunications Act 1946

 4 Cessation of the Australian Security Intelligence Organization Act 1956

 5 Cessation of part of Air Navigation Act 1920

 6 Cessation of Air Navigation (Charges) Act 1952

 7 Cessation of Airports (Business Concessions) Act 1959

 8 Cessation of Airports (Surface Traffic) Act 1960

 9 Cessation of part of Canned Fruits Export Marketing Act 1963

 10 Cessation of part of Dried Fruits Export Control Act 1924

 11 Cessation of part of Honey Industry Act 1962

 12 Cessation of part of Meat Industry Act 1964

 13 Cessation of part of Wool Industry Act 1972

 14 Cessation of part of Tobacco Marketing Act 1965

 15 Cessation of Fisheries Act 1952

 16 Cessation of Whaling Act 1960

 17 Cessation of Defence legislation 

 17A Cessation of Quarantine Act 1908

 18 Cessation of Commonwealth Serum Laboratories Act 1961

 19 Cessation of Film and Television School Acts 1973

 20 Cessation of part of Crimes (Aircraft) Act 1963

Notes   

 

1 Citation [see Note 1]

  These Regulations may be cited as the Papua New Guinea (Application of Laws) Regulations.

2 Cessation of Broadcasting and Television Act 1942

  The Broadcasting and Television Act 1942 shall cease to have effect as part of the law of Papua New Guinea on and from 1 December 1973.

3 Cessation of the Overseas Telecommunications Act 1946

  The Overseas Telecommunications Act 1946 shall cease to have effect as part of the law of Papua New Guinea on and from 1 December 1973.

4 Cessation of the Australian Security Intelligence Organization Act 1956

  The Australian Security Intelligence Organization Act 1956 shall cease to have effect as part of the law of Papua New Guinea on and from 1 December 1973.

5 Cessation of part of Air Navigation Act 1920

  The following parts of the Air Navigation Act 1920, namely:

 (a) sections 7 and 8;

 (b) paragraphs 26 (1) (b), (c), (d) and (e);

 (c) that part of paragraph 26 (2) (a) reading ‘and airworthiness’;

 (d) paragraphs 26 (2) (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k); and

 (e) subsections 26 (3) and (4);

shall cease to have effect as part of the law of Papua New Guinea on and from 1 June 1974.

6 Cessation of Air Navigation (Charges) Act 1952

  The Air Navigation (Charges) Act 1952 shall cease to have effect as part of the law of Papua New Guinea on and from 1 June 1974.

7 Cessation of Airports (Business Concessions) Act 1959

  The Airports (Business Concessions) Act 1959 shall cease to have effect as part of the law of Papua New Guinea on and from 1 June 1974.

8 Cessation of Airports (Surface Traffic) Act 1960

  The Airports (Surface Traffic) Act 1960 shall cease to have effect as part of the law of Papua New Guinea on and from 1 June 1974.

9 Cessation of part of Canned Fruits Export Marketing Act 1963

  Section 34 of the Canned Fruits Export Marketing Act 1963 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.

10 Cessation of part of Dried Fruits Export Control Act 1924

  Section 23 of the Dried Fruits Export Control Act 1924 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.

11 Cessation of part of Honey Industry Act 1962

  Section 28 of the Honey Industry Act 1962 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.

12 Cessation of part of Meat Industry Act 1964

  Section 38 of the Meat Industry Act 1964 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.

13 Cessation of part of Wool Industry Act 1972

  Section 87 of the Wool Industry Act 1972 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.

14 Cessation of part of Tobacco Marketing Act 1965

  Section 25 of the Tobacco Marketing Act 1965 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.

15 Cessation of Fisheries Act 1952

 (1) The Fisheries Act 1952 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 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 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.

16 Cessation of Whaling Act 1960

  The Whaling Act 1960 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.

17 Cessation of Defence legislation

 (1) The Defence Act 1903, the Naval Defence Act 1910, the Air Force Act 1923 and the Courts-Martial Appeals Act 1955 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.

17A Cessation of Quarantine Act 1908

  The Quarantine Act 1908 shall cease to have effect as part of the law of Papua New Guinea on and from 1 December 1974.

18 Cessation of Commonwealth Serum Laboratories Act 1961

  The Commonwealth Serum Laboratories Act 1961 shall cease to have effect as part of the law of Papua New Guinea on and from 1 December 1974.

19 Cessation of Film and Television School Acts 1973

  The Film and Television School Acts 1973 shall cease to have effect as part of the law of Papua New Guinea on and from 1 December 1974.

20 Cessation of part of Crimes (Aircraft) Act 1963

  Section 21 of the Crimes (Aircraft) Act 1963 shall cease to have effect as part of the law of Papua New Guinea on and from the date of commencement of this regulation.

Notes to the Papua New Guinea (Application of Laws) Regulations

Note 1

The Papua New Guinea (Application of Laws) Regulations (in force under the Papua New Guinea (Application of Laws) Act 1973) as shown in this compilation comprise Statutory Rules 1973 No. 243 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1973 No. 243

27 Nov 1973

27 Nov 1973

 

1974 No. 94

28 May 1974

28 May 1974

1974 No. 120

15 July 1974

15 July 1974

1974 No. 221

27 Nov 1974

27 Nov 1974

1974 No. 259

23 Dec 1974

23 Dec 1974

1975 No. 30

5 Mar 1975

6 Mar 1975

1975 No. 61

22 Apr 1975

22 Apr 1975

R. 1 (2)

1979 No. 71

17 May 1979

17 May 1979

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 5.................

ad. 1974 No. 94

R. 6.................

ad. 1974 No. 94

R. 7.................

ad. 1974 No. 94

R. 8.................

ad. 1974 No. 94

R. 9.................

ad. 1974 No. 120

R. 10................

ad. 1974 No. 120

R. 11................

ad. 1974 No. 120

R. 12................

ad. 1974 No. 120

R. 13................

ad. 1974 No. 120

R. 14................

ad. 1974 No. 120

R. 15................

ad. 1974 No. 120

R. 16................

ad. 1974 No. 120

R. 17 (first occurring).....

ad. 1975 No. 30

 

am. 1979 No. 71

R. 17 (second occurring)..

ad. 1974 No. 221

Renumbered r. 17A....

1975 No. 61

R. 18................

ad. 1974 No. 221

R. 19................

ad. 1974 No. 221

R. 20................

ad.1974 No. 259

 

 

Overview

The Papua New Guinea (Application of Laws) Regulations, made under the Papua New Guinea (Application of Laws) Act 1973, aim to address the cessation of certain Australian laws in Papua New Guinea. Enacted by the Parliament of Australia, the regulations specify which Australian laws will cease to apply in Papua New Guinea and the dates from which these changes will take effect. The overarching policy objective is to streamline the legal framework in Papua New Guinea, ensuring that only relevant and necessary Australian laws continue to apply post-independence. This legislative instrument is a practical step towards legal sovereignty for Papua New Guinea, allowing it to gradually assume control over its legislative domain while phasing out the application of certain Australian laws.

Scope and Application

The Papua New Guinea (Application of Laws) Regulations, established under the Papua New Guinea (Application of Laws) Act 1973, pertain to the cessation of certain Australian laws as they apply to Papua New Guinea. These regulations outline the specific Australian acts and parts of acts that will no longer be applicable to Papua New Guinea, effective from various dates post the enactment of these regulations. The cessation of these laws includes acts such as the Broadcasting and Television Act 1942, the Overseas Telecommunications Act 1946, and various other acts pertaining to industries such as air navigation, fisheries, and defence. The regulations also specify transitional provisions and exceptions, such as the continued jurisdiction of Papua New Guinean courts over certain fisheries offences where proceedings have already been initiated prior to the regulations' commencement. The scope of these regulations extends to altering the legal landscape of Papua New Guinea by removing the applicability of these Australian laws, which were previously in force there.

Key Provisions

The Papua New Guinea (Application of Laws) Regulations 1973, made under the Papua New Guinea (Application of Laws) Act 1973, detail the cessation of various Australian laws as part of the law of Papua New Guinea. The cessation of laws includes the Broadcasting and Television Act 1942 (section 2), the Overseas Telecommunications Act 1946 (section 3), and the Australian Security Intelligence Organization Act 1956 (section 4), all effective from 1 December 1973. Specific sections of the Air Navigation Act 1920 (section 5), the Air Navigation (Charges) Act 1952 (section 6), the Airports (Business Concessions) Act 1959 (section 7), and the Airports (Surface Traffic) Act 1960 (section 8) are to cease on 1 June 1974. Furthermore, certain sections of other Acts, such as the Canned Fruits Export Marketing Act 1963 (section 9), the Dried Fruits Export Control Act 1924 (section 10), and the Honey Industry Act 1962 (section 11), will cease to apply from the date of commencement of the regulation. The Fisheries Act 1952 (section 15) and the Whaling Act 1960 (section 16) are also included, with specific provisions for continued application and jurisdiction over offences committed outside Australia and its territories. The Regulations impose obligations on parties and entities governed by these laws, requiring them to cease adherence to the specified Acts and sections as stipulated. For example, businesses involved in telecommunications, security intelligence, and aviation must comply with the cessation of relevant Acts and sections, ensuring they no longer operate under the repealed laws in Papua New Guinea. The Regulations also dictate that certain Acts, such as the Defence Act 1903 (section 17), and the Quarantine Act 1908 (section 17A), will cease to apply from specific dates, necessitating adjustments in compliance and operations. Failure to comply with the provisions of these Regulations can result in legal consequences. The specific offences, penalties, and consequences for breach are not detailed in the Regulations themselves but would typically involve civil or criminal penalties under the respective Acts. The maximum penalties for breaches could vary widely depending on the nature of the offence and the relevant Act under which the prosecution occurs. It is crucial for entities and individuals to ensure they understand and comply with the cessation provisions to avoid any legal ramifications.

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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.