Papua New Guinea (Deputy Chairman of the Administrator's Executive Council) Regulations

Legislation au C1972L00049 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No.

 

REGULATIONS UNDER THE PAPUA NEW GUINEA ACT 1949-1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Papua New Guinea Act 1949-1971.

Dated this twelfth day of April, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Andrew Peacock

Minister of State for External Territories.

 

PAPUA NEW GUINEA (DEPUTY CHAIRMAN OF THE ADMINISTRATOR’S EXECUTIVE COUNCIL) REGULATIONS

Citation.

1. These Regulations may be cited as the Papua New Guinea (Deputy Chairman of the Administrator’s Executive Council) Regulations.

Convening meeting of Ministers.

2.—(1.) As soon as reasonably practicable after—

(a) the appointment of Ministers of the House of Assembly following a general election; or

(b) the office of Deputy Chairman becomes vacant,

the Administrator shall convene a meeting of those Ministers for the purpose of appointing one of their number to be the Deputy Chairman.

(2.) Where a meeting of the Ministers of the House of Assembly has been duly convened for the purpose of appointing one of their number to be the Deputy Chairman but a quorum is not present at any time within half an hour after the time fixed for holding the meeting or where—

(a) the Ministers of the House of Assembly present at a meeting duly convened for the purpose of appointing a Minister of the House of Assembly to be the Deputy Chairman fail to appoint such a Minister to be the Deputy Chairman; and

(b) the meeting is not adjourned to another day,

the Administrator shall, as soon as reasonably practicable, convene a further meeting of the Ministers of the House of Assembly for the purpose of appointing one of their number to be the Deputy Chairman.

(3.) A meeting of Ministers of the House of Assembly for the purpose of appointing one of their number to be the Deputy Chairman shall be convened by giving notice of the date, time and place fixed for holding the meeting and of the purpose of the meeting to each Minister of the House of Assembly—

(a) if the meeting is held on a day on which the House of Assembly is sitting—not less than twenty-four hour, before the time fixed for holding the meeting; or

(b) in any other case—not less than seven days before the day fixed for holding the meeting.

 

Notified in the Commonwealth Gazette on 1972.

13481/72—Price 5c 10/10.4.1972

(4.) A meeting of Ministers of the House of Assembly may be convened and held for the purpose of appointing one of their number to be the Deputy Chairman, and the persons holding office as Ministers of the House of Assembly may appoint one of their number to be the Deputy Chairman, notwithstanding a vacancy in the office of a Minister of the House of Assembly or vacancies in the offices of Ministers of the House of Assembly.

(5.) Sub-regulation (1.) of this regulation does not apply to a vacancy in the office of Deputy Chairman caused by the termination of the appointment of the Deputy Chairman as a Minister of the House of Assembly when the House of Assembly first meets after a general election.

Quorum.

3. A quorum at a meeting of Ministers of the House of Assembly convened for the purpose of electing one of their number to be the Deputy Chairman is—

(a) if seventeen persons hold office as Ministers of the House of Assembly—thirteen Ministers of the House of Assembly; or

(b) in any other case—twelve Ministers of the House of Assembly.

Procedure at meeting.

4.—(1.) In this regulation, “meeting” means a meeting of Ministers of the House of Assembly duly held for the purpose of appointing one of their number to be the Deputy Chairman.

(2.) Where a meeting is held, the Ministers of the Haute of Assembly present shall first elect one of their number to be the Chairman of the meeting.

(3.) The Chairman of the meeting has a deliberative vote but does not have a casting vote.

(4.) A meeting may, by decision of the Ministers of the House of Assembly present, be adjourned from time to time to a time and date specified in the decision.

(5.) Where a meeting is adjourned—

(a) the adjourned meeting shall, unless, another place at which the adjourned meeting is to be held is specified in the decision of the Ministers of the House of Assembly, be held at the same place as the original meeting; and

(b) notice of the time, date and place fixed for holding the adjourned meeting shall, except as provided in the next succeeding sub-regulation, be given, as soon as practicable after the meeting is adjourned, to each Minister of the House of Assembly who is not present at the meeting when the decision to adourn the meeting is taken.

(6.) It is not necessary for notice of the time, date and place fixed for holding an adjourned meeting to be given to a Minister of the House of Assembly if it would not be practicable for the Minister to attend the adjourned meeting.

(7.) It is not necessary for all the Ministers of the House of Assembly or all the Ministers of the House of Assembly present at a meeting, to concur in decision by those Ministers at the meeting but a decision by the Ministers of the House of Assembly present at a meeting has no force or effect—

(a) if it is a decision appointing a Minister of the House of Assembly to be the Deputy Chairman—unless a majority of the Ministers of the House of Assembly concur in the decision; or

(b) in the case of any other decision—unless a majority of the Ministers of the House of Assembly present and voting concur in the decision.

Printed by Authority by the Government Printer on the Commonwealth of Australia

Overview

The Papua New Guinea (Deputy Chairman of the Administrator’s Executive Council) Regulations 1972 were enacted to provide a structured process for the appointment of a Deputy Chairman of the Administrator’s Executive Council in Papua New Guinea. This legislation, issued under the Papua New Guinea Act 1949-1971, aims to ensure orderly and timely appointments of the Deputy Chairman by the Administrator following a general election or when the office becomes vacant. The regulations were made by the Governor-General in Council, and they outline procedures for convening meetings of Ministers, establishing a quorum, and setting the criteria for the appointment of the Deputy Chairman. These regulations were designed to maintain governance stability and continuity within the Executive Council of Papua New Guinea, ensuring that the Deputy Chairman is appointed in a manner that reflects the will of the Ministers of the House of Assembly.

Scope and Application

The Papua New Guinea (Deputy Chairman of the Administrator’s Executive Council) Regulations, made under the Papua New Guinea Act 1949-1971, govern the process of appointing a Deputy Chairman of the Administrator’s Executive Council in Papua New Guinea. These Regulations apply to the Minister of the House of Assembly, specifically detailing the procedures for convening meetings to appoint a Deputy Chairman. The application of these Regulations is limited to the context of Papua New Guinea, as they pertain to the administration and governance of that region. The Regulations specify conditions under which meetings must be convened, including timelines for notification and the composition of the quorum necessary for such meetings. Notably, the Regulations outline the procedural steps for the election of a Chairman within the meetings and the voting requirements for the appointment of a Deputy Chairman, ensuring that decisions are made by a majority of the Ministers present and voting. There are no stated exclusions or thresholds within the text, though the regulations provide specific instances where certain provisions do not apply, such as when a vacancy in the office of Deputy Chairman occurs due to the termination of the Deputy Chairman's appointment as a Minister following a general election.

Key Provisions

The Papua New Guinea (Deputy Chairman of the Administrator’s Executive Council) Regulations, made under the Papua New Guinea Act 1949-1971, establish procedures for the appointment of the Deputy Chairman of the Administrator’s Executive Council (Regulation 2). Specifically, the Administrator must convene a meeting of the Ministers of the House of Assembly to appoint a Deputy Chairman either after a general election or when the office becomes vacant (Regulation 2(1)). If the initial meeting fails to achieve a quorum within half an hour or does not result in an appointment, another meeting must be convened (Regulation 2(2)). Notice of the meeting must be given to each Minister, with different timeframes depending on whether the House of Assembly is sitting (Regulation 3). Notably, the appointment can proceed even if there are vacancies among the Ministers (Regulation 4). The quorum for such meetings is thirteen if seventeen Ministers are present or twelve otherwise (Regulation 3). These Regulations impose obligations on the Administrator to convene meetings of Ministers to appoint a Deputy Chairman in specified circumstances (Regulation 2). The Ministers themselves must attend these meetings, participate in the election of a meeting Chairman, and vote on the appointment of the Deputy Chairman, requiring a majority for the decision to be valid (Regulation 4). The Regulations also detail procedural aspects such as the timing and content of meeting notices, the role of the meeting Chairman, and the rules for adjournments (Regulations 3 and 4). Failure to comply with the requirements set out in these Regulations could have implications for the governance and administration of Papua New Guinea. However, the Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. Given the nature of the Regulations, breaches might lead to administrative or procedural challenges but do not appear to be directly linked to specific penalties under the text provided.

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