{"id":"C1973A00120","name":"Papua New Guinea Act (No. 2) 1973","slug":"papua-new-guinea-act-no-2-1973","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"120 of 1973","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2564,"registerId":"commonwealth-C1973A00120-current","compilationNumber":null,"startDate":"2026-03-29","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Papua New Guinea Act (No. 2) 1973","content":"Papua New Guinea Act (No. 2) 1973\n\nNo. 120 of 1973\n\nAN ACT\n\nTo provide for the Internal Self-Government of Papua New Guinea.\n\n\\[Assented to 30 October 1973\\]\n\nBE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—\n\nPart I—Preliminary\n\nShort title and citation.\n\n1. (1) This Act may be cited as the Papua New Guinea Act (No. 2) 1973.\n\n(2) The Papua New Guinea Act 1949–1972, as amended by the Papua New Guinea Act 1973, is in this Act referred to as the Principal Act.\n\n(3) Section 1 of the Papua New Guinea Act 1973 is amended by omitting sub-section (3).\n\n(4) The Principal Act, as amended by this Act, may be cited as the Papua New Guinea Act 1949–1973.\n\n \n\nCommencement.\n\n2. (1) Sections 1, 2, 3, 26, 27 and 28 and Part III shall come into operation on the day on which this Act receives the Royal Assent.\n\n(2) The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation.\n\nPart II—Amendments of the Principal Act\n\nParts.\n\n3. Section 4 of the Principal Act is repealed.\n\nInterpretation.\n\n4. Section 5 of the Principal Act is amended—\n\n(a) by inserting after the definition of “elector” or “elector of Papua New Guinea” in sub-section (1) the following definition:—\n\n“‘enactment’ means—\n\n(a) a law (however described or entitled) made by the House of Assembly and assented to under section 54 or 56; or\n\n(b) an Ordinance made under, or continued in force by, the Papua and New Guinea Act 1949 or that Act as amended;”; and\n\n(b) by omitting from sub-section (1) the definition of “the Administration”;\n\n(c) by inserting after the definition of “the Council” in sub-section (1) the following definition:—\n\n“‘the Government’ means The Government of Papua New Guinea;”; and\n\n(d) by inserting after sub-section (1) the following sub-sections:—\n\n“(1a) A reference in this Act to a reserved matter shall be read as a reference to—\n\n(a) defence;\n\n(b) foreign relations; or\n\n(c) a matter specified by Proclamation made in accordance with section 42 of the Papua New Guinea Act (No. 2) 1973.\n\n“(1b) A reference in this Act to the High Commissioner, in relation to matters concerning powers and functions of the High Commissioner that may be exercised and performed by a person in accordance with section 16, includes a reference to that person”.\n\n5. (1) After section 9 of the Principal Act the following section is inserted:—\n\nPowers of the Government.\n\n“9a. (1) The Government of Papua New Guinea is a body politic with perpetual succession by the name ‘The Government of Papua New Guinea’.\n\n \n\n“(2) Subject to this Act, The Government of Papua New Guinea is capable by that name of—\n\n(a) suing and being sued;\n\n(b) making contracts;\n\n(c) acquiring, holding and disposing of real and personal property; and\n\n(d) doing and suffering all other matters and things a body corporate may do or suffer.”.\n\n(2) The amendment of the Principal Act made by sub-section (1) shall not be construed as implying any limitation with respect to the powers or legal capacity possessed by the Administration or Government of Papua New Guinea before that amendment.\n\nReferences in other laws.\n\n6. Section 12 of the Principal Act is amended—\n\n(a) by omitting from paragraph (a) of sub-section (2) the words “Administrator of Papua New Guinea” and substituting the words “High Commissioner of Papua New Guinea or the holder of the former office of Administrator of Papua New Guinea, as the case requires”; and\n\n(b) by adding at the end thereof the following sub-sections:—\n\n“(3) For the purposes of references in. any law or instrument referred to in sub-section (1) to Ordinances, other than a reference to a particular Ordinance, every enactment shall be deemed to be an Ordinance.\n\n“(4) In any law or instrument referred to in sub-section (1) a reference to a particular Ordinance shall, unless the contrary intention appears, be read as including—\n\n(i) a reference to that Ordinance as amended from time to time; and\n\n(ii) a reference to an enactment replacing that Ordinance, including such an enactment as amended or replaced from time to time.”.\n\nHeading to Part IV.\n\n7. The Heading to Part IV of the Principal Act is amended by omitting the words “The Executive Government” and substituting the words “The Executive”.\n\n8. The heading to Division 1 of Part IV of the Principal Act, and sections 13 and 14 of that Act, are repealed and the following heading and sections substituted:—\n\n“Division 1—The High Commissioner\n\nOffice of the High Commissioner.\n\n“13. Subject to this Act, the Government shall be administered by the High Commissioner of Papua New Guinea.\n\n \n\nAppointment of High Commissioner.\n\n“14. The High Commissioner shall be appointed by the Governor-General by Commission and shall hold office during the pleasure of the Governor-General.’’.\n\nActing High Commissioner.\n\n9. Section 16 of the Principal Act is amended—\n\n(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:—\n\n“(1) The Governor-General may, by Commission—\n\n(a) appoint a person to exercise and perform the powers and functions of the High Commissioner; or\n\n(b) appoint one person to exercise and perform such powers and functions of the High Commissioner as are specified in his Commission and another person to exercise and perform the remaining powers and functions of the High Commissioner,\n\nduring any vacancy in the office of the High Commissioner or when the High Commissioner is absent from Papua New Guinea or unable by reason of illness or incapacity to perform his duties.\n\n“(2) In default of an appointment under sub-section (1), or in the event of the absence from Papua New Guinea or the death or incapacity of a person so appointed, the senior official representative of Australia present in Papua New Guinea and able to act shall have and may exercise and perform all the powers and functions of the High Commissioner or such of those powers and functions as may be, or could have been, exercised and performed by the person so appointed, as the case may be.”; and\n\n(b) by omitting from sub-section (3) the word “Administrator” (wherever occurring) and substituting the words “High Commissioner”.\n\nExecutive Council.\n\n10. Section 19 of the Principal Act is amended—\n\n(a) by omitting from sub-section (1) the word “Administrator’s”;\n\n(b) by omitting sub-sections (2) and (3) and substituting the following sub-sections:—\n\n“(2) The functions of the Council are to advise the High Commissioner on any matter relating to the administration of the Government.\n\n“(3) Where he thinks it in the public interest to do so, the High Commissioner may introduce into the Council any matter for discussion in the Council.”.\n\n \n\nConstitution of Council.\n\n11. Section 20 of the Principal Act is amended—\n\n(a) by omitting sub-section (1) and substituting the following sub-section:—\n\n“(1) Subject to this section, the Council shall consist of—\n\n(a) the High Commissioner;\n\n(b) the Chief Minister; and\n\n(c) not less than nine nor more than twelve other Ministers of the House of Assembly appointed by the High Commissioner after consultation with the Chief Minister.”;\n\n(b) by omitting from sub-section (2) the words “Deputy Chairman” (wherever occurring) and substituting the words “Chief Minister”;\n\n(c) by omitting sub-section (4) and substituting the following sub\\-section:—\n\n“(4) The Chief Minister ceases to hold the office of Chief Minister if—\n\n(a) he ceases to be a Minister of the House of Assembly; or\n\n(b) the House of Assembly, in accordance with, and subject to any conditions prescribed by, the regulations, resolves that he should cease to hold that office.”;\n\n(d) by omitting paragraph (a) of sub-section (5) and substituting the following paragraph:—\n\n“(a) may be removed from office as a member of the Council by the High Commissioner after consulting the Chief Minister; and”;\n\n(e) by omitting sub-section (6); and\n\n(f) by omitting from sub-section (8) the words “Deputy Chairman” (wherever occurring) and substituting the words “Chief Minister”.\n\nMinisters of the House of Assembly.\n\n12. Section 24 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:—\n\n“(2) One of the ministerial offices shall be that of the Chief Minister and the others shall have such respective designations as the High Commissioner from time to time determines.”.\n\n13. Section 25 of the Principal Act is repealed and the following section substituted:—\n\nFunctions of holder of ministerial office.\n\n“25. Subject to this Act and to any enactment, the functions of the holder of a ministerial office are, in relation to the matters determined in relation to his office under section 24, to assist in the administration of the Government and in particular—\n\n(a) to formulate policies and plans, and proposals for expenditure in relation to those matters;\n\n \n\n(b) to make recommendations to the Council in relation to those matters;\n\n(c) where any of those matters are dealt with by a department of the Public Service—to direct the activities of that department relating to those matters; and\n\n(d) to represent the Government in the House of Assembly.”.\n\n14. After section 25 of the Principal Act the following section is inserted:—\n\nFunctions in relation to reserved matters.\n\n“25a. (1) The functions of the holder of a ministerial office, so far as they relate to a reserved matter, shall be performed only to the extent and in the manner provided by arrangements approved by the Minister and applicable to that office.\n\n“(2) The Minister shall not give an approval under this section except upon the recommendation of, or after consultation with, the High Commissioner, but the validity of an approval by the Minister shall not be called in question on the ground that the requirements of this sub-section have not been complied with.”.\n\nAppointment and removal of Ministers.\n\n15. Section 26 of the Principal Act is amended—\n\n(a) by omitting from sub-section (1) the words “to a ministerial office” and substituting the words “to be a Minister of the House of Assembly”;\n\n(b) by omitting from sub-section (2) the words “to a ministerial office” (first occurring) and substituting the words “to be a Minister of the House of Assembly”;\n\n(c) by omitting from sub-section (2) the words “,with the concurrence of the Administrator, for appointment to a ministerial office” and substituting the words “to be so appointed”;\n\n(d) by omitting sub-section (3) and substituting the following sub\\-section:—\n\n“(3) The High Commissioner shall not terminate the appointment of a Minister of the House of Assembly unless the House of Assembly has, in accordance with the regulations, resolved that the appointment be terminated.”; and\n\n(e) by omitting sub-section (5) and substituting the following sub\\-section:—\n\n“(5) If the Governor-General, after report by the High Commissioner, is satisfied that the public interest so requires, he may terminate the appointment of a Minister of the House of Assembly.”.\n\nMinister may vary appointments.\n\n16. Section 27 of the Principal Act is repealed.\n\n \n\nTenure of office of Ministers.\n\n17. Section 28 of the Principal Act is amended by omitting the words “to a ministerial office” and substituting the words “to be a Minister of the House of Assembly”.\n\n18. After section 28 of the Principal Act the following section is inserted:—\n\nAllotment of certain portfolios.\n\n“28a. (1) The High Commissioner may, at the time when he appoints a person to be a Minister of the House of Assembly, or at any time thereafter, appoint that person to a ministerial office.\n\n“(2) The High Commissioner may, at any time, terminate the appointment of a person to a ministerial office.\n\n“(3) In this section, ‘ministerial office’ does not include the office of Chief Minister.”.\n\nMinister to consult with Administrator.\n\n19. Section 29a of the Principal Act is repealed.\n\nComposition of House of Assembly.\n\n20. Section 36 of the Principal Act is amended—\n\n(a) by omitting from sub-section (1.) the words “one hundred and four members, but not more than one hundred and seven” and substituting the words “one hundred members, but not more than one hundred, and three”;\n\n(b) by omitting paragraph (a) of sub-section (1);\n\n(c) by omitting sub-section (5); and\n\n(d) by omitting from sub-section (6) the word “Administrator” (wherever occurring) and substituting the words “High Commissioner”.\n\nDisqualification for membership of, or voting in, the House of Assembly.\n\n21. Section 37 of the Principal Act is amended by omitting from sub-section (6) the word “Administration” (wherever occurring), and substituting the word “Government”.\n\nSeniority of official members.\n\n22. Section 43 of the Principal Act is repealed.\n\nLegislative power of House of Assembly.\n\n23. Section 52 of the Principal Act is amended by omitting the word “Ordinances” and substituting the word “laws”.\n\n24. Section 55 of the Principal Act is repealed and the following section substituted:—\n\nCertain laws to be reserved.\n\n“55. The High Commissioner shall reserve for the Governor-General’s pleasure any proposed law that relates to a reserved matter.”.\n\nDisallowance of Ordinances assented to.\n\n25. Section 57 of the Principal Act is repealed.\n\n \n\nAppointment of Chief Justice and other judges.\n\n26. Section 59 of the Principal Act is amended—\n\n(a) by inserting in paragraph (c) of sub-section (1), after the words “case of”, the words “a judge appointed for a specified period in accordance with sub-section (1a) or”; and\n\n(b) by inserting after sub-section (1) the following sub-sections:—\n\n“(1a) A person may be appointed to hold office as a judge, other than an acting judge, during a period specified by the Governor-General, but—\n\n(a) a person is not eligible to be so appointed if he has reached the age of sixty-five years; and\n\n(b) a person shall not be so appointed to hold office for a period that extends beyond the day on which he will reach the age of sixty-five years.\n\n“(1b) Subject to paragraphs (a) and (b) of sub-section (1a), a person appointed in accordance with that sub-section is eligible for re-appointment.”.\n\nActing Judges.\n\n27. Section 60 of the Principal Act is amended—\n\n(a) by omitting from sub-section (4) the word “resignation” and substituting the words “other termination of office”; and\n\n(b) by omitting from sub-section (4) the word “resigned” and substituting the words “otherwise ceased to hold office”.\n\n28. Section 61 of the Principal Act is repealed and the following section substituted:—\n\nQualifications of judges.\n\n“61. A person shall not be appointed to be a judge of the Supreme Court unless—\n\n(a) he is or has been—\n\n(i) a barrister or solicitor of the Supreme Court; or\n\n(ii) a legal practitioner (however described) of any other court having unlimited jurisdiction in civil or criminal matters in a part of Her Majesty’s dominions or in a country that, in the opinion of the Governor-General, has a legal system similar to that of Papua New Guinea,\n\nof not less than five years’ standing; or\n\n(b) he is or has been a judge of a court referred to in sub-paragraph (ii) of paragraph (a).”.\n\n29. Section 63 of the Principal Act is repealed and the following section substituted:—\n\nEstablishment of other judicial tribunals.\n\n“63. Courts (including village courts) and tribunals may be established by or under enactment.”.\n\n \n\nGrant of pardon, remission, &c.\n\n30. Section 73 of the Principal Act is amended by omitting from sub-section (1) the word “Administration” and substituting the word “Government”.\n\nGuarantee by Common­wealth in respect of public loans.\n\n31. Section 75a of the Principal Act is amended—\n\n(a) by omitting from sub-section (1) the word “Administration” (wherever occurring) and substituting the word “Government”;\n\n(b) by inserting after sub-section (1) the following sub-section:—\n\n“(1a) Sub-section (1) extends to the guarantee of the payment of moneys payable by the Government on or after the date on which Papua New Guinea becomes an independent sovereign state, being moneys payable in respect of moneys borrowed before that date.”; and\n\n(c) by omitting from sub-section (2) the word “Administration” and substituting the word “Government”.\n\nAudit.\n\n32. Section 76 of the Principal Act is repealed.\n\nSeventh Schedule.\n\n33. The Seventh Schedule to the Principal Act. is amended by omitting the words “that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her” (wherever occurring) and substituting the words “that I will well and truly serve”.\n\nConsequential and formal amendments.\n\n34. The Principal Act is amended as set out in the Schedule.\n\nPart III—Transitional Provisions\n\nInterpretation.\n\n35. A reference in this Part to an amendment, in relation to a provision, includes a reference to the re-enactment of the provision with or without modifications.\n\nFunctions performed by Administration and Administrator’s; Executive Council.\n\n36. (1) An act done or decision made by, on behalf of, or in the name of, the Administration under the Principal Act before the date of commencement of section 5 has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the Government under the Principal Act as amended by that section.\n\n(2) An act done or decision made by, on behalf of, or in the name of, the Administrator’s Executive Council of Papua New Guinea under the Principal Act before the date of commencement of section 5 has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the Executive Council of Papua New Guinea under the Principal Act as amended by that section.\n\nRights, liabilities, &c., vested in Government.\n\n37. (1) On the date of commencement of section 5, all real and personal property of the Administration is, by force of this section transferred to, and vested in, the Government.\n\n \n\n(2) On the date of commencement of section 5, there are transferred to, and vested in, the Government, by force of this section—\n\n(a) all rights and liabilities of the Administration subsisting immediately before that date; and\n\n(b) all rights and liabilities of the Commonwealth subsisting immediately before that date by virtue of a contract or agreement entered into on behalf of the Commonwealth in accordance with the Administration Contracts Ordinance 1950 or that Ordinance as amended or in accordance with a law repealed and replaced by that Ordinance.\n\n(3) Any proceedings by or against the Administration pending in any court immediately before the date of commencement of section 5 may be continued on and after that date by or against the Government, and any documents connected with the proceedings may be amended accordingly.\n\n(4) For the avoidance of doubt, it is hereby declared that, on and after the date of commencement of section 5, no claim may be made in tort by or against the Commonwealth in respect of a matter that was, or is, capable of founding an identical claim by or against the Administration or the Government.\n\nFunctions performed by specified persons.\n\n38. An act done or decision made by a person under a provision of the Principal Act before the amendment of that provision by this Act has effect after the commencement of the amendment as if it had been done or made by the appropriate person under that provision as so amended.\n\nOrdinances made under amended provisions.\n\n39. An Ordinance in effect under or for the purposes of a provision of the Principal Act immediately before the amendment of that provision by this Act continues in effect after the commencement of the amendment as if it had been made under or for the purposes of that provision as so amended to the extent that it is consistent with that provision as so amended.\n\nCertain persons to continue in office.\n\n40. (1) Where, immediately before the amendment of a provision of the Principal Act by this Act, a person was holding or holds office by virtue of that provision as—\n\n(a) a Minister of the House of Assembly;\n\n(b) an elected member of the House of Assembly;\n\n(c) a nominated member of the House of Assembly; or\n\n(d) the Chief Justice, a judge or an acting judge of the Supreme Court,\n\nhe continues after the commencement of the amendment, but subject to the Principal Act as amended by this Act, to hold office for the remainder of his term of office.\n\n \n\n(2) The person holding the office of Deputy Chairman of the Administrator’s Executive Council immediately before the date of commencement of the amendment of section 20 of the Principal Act by this Act holds the office of Chief Minister on and after that date, but subject to the Principal Act as amended by this Act.\n\nModification of section 20 of Principal Act.\n\n41. Until the commencement of the amendment of section 20 of the Principal Act by this Act, paragraph (1)(c) of that section has effect as if the word “nine” were omitted and the words “not less than nine nor more than twelve” were substituted.\n\nCertain Ordinances not assented to.\n\n42. Where—\n\n(a) an Ordinance is passed by the House of Assembly before the date of commencement of section 24 of this Act;\n\n(b) section 55 of the Principal Act applies in. relation to that Ordinance; and\n\n(c) the Governor-General does not assent to that Ordinance before that date,\n\nsection 55 of the Principal Act continues in force on and after that date in relation to that Ordinance except that, where that Ordinance has not been reserved before that date, it shall be reserved by the High Commissioner.\n\nProclamations under sub-section 5(1a) of Principal Act.\n\n43. At any time after this Act receives the Royal Assent, a Proclamation may be made for the purposes of sub-section 5(1a) of the Principal Act as amended by this Act, but—\n\n(a) a Proclamation so made before the date of commencement of that sub-section shall not come into operation before that date; and\n\n(b) a Proclamation shall not be made for the purposes of that sub-section after that date except for the purposes of revoking or cancelling a Proclamation or of deleting, or reducing the scope of, a matter specified by a Proclamation.\n\nGuarantee of public loans raised by Administration.\n\n44. On and after the date of commencement of section 31 of this Act, section 75a of the Principal Act as amended by that section has effect, in relation to moneys borrowed by the Administration before that date, as if they had been borrowed by the Government.\n\nAudit.\n\n45. Notwithstanding the repeal of section 76 of the Principal Act by this Act, sub-section (1) of that section continues in force in relation to accounts in respect of acts or transactions that occurred on or before the date fixed under sub-section (2) of that section.\n\n \n\nSCHEDULE Section 34\n\nPART I—CONSEQUENTIAL AMENDMENTS\n\n| Provision | Amendment |\n| --------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Sub-section 5(1)............. | (a) Omit the definitions of “ Acting Administrator” and “ Deputy Chairman” and substitute the following definition:—“‘Acting High Commissioner means a person appointed under section 16 to exercise and perform powers arid functions of the High Commissioner;”.(b) Omit from the definition of “elector” or “elector of Papua New Guinea” the word “Ordinance”, substitute the word “enactment”.(c) Omit the definition of “Ordinance”.(d) Omit the definition of “the Administrator.”.(e) Omit from the definition of “the Council” the word “Administrators”.(f) Insert after the definition of “the Government Gazette” the following definition: —“the High Commissioner means the High Commissioner of Papua New Guinea appointed under this Act;”. |\n| Section 15................. | Omit “Administrator” substitute “High Commissioner”, |\n| Section 15a................. | Omit “Administrator” (wherever occurring), substitute “High Commissioner |\n| Section 17................. | Omit “Administrator” (wherever occurring), substitute “High Commissioner”. |\n| Section 18................. | Omit “Administrator, an Acting Administrator or a deputy of the Administrator”, substitute “High Commissioner, an Acting High Commissioner or a deputy of the High Commissioner”, |\n| Heading to Division 2 of Part IV | Omit “Administrator’s”. |\n| Sub-section 21(1)............. | Omit the sub-section, substitute the following sub-section:—“(1) The Chief Minister may resign his office as Chief Minister by delivering a written resignation signed by him to the High Commissioner, who shall, as soon as practicable, inform the other Ministers of the House of Assembly of the resignation.”. |\n| Sub-sections 21(2) and (3)....... | (a) Omit “Deputy Chairman” (wherever occurring), substitute “Chief Minister”.(b) Omit “Administrator”, substitute “High Commissioner”. |\n| Sub-sections 21(4) and (5)....... | Omit the sub-sections. |\n| Sub-section 21(6)............. | Omit “Minister” substitute “High Commissioner” |\n| Sub-section 21(7)............. | Omit the sub-section. |\n| Section 22................. | (a) Omit “Administrator” (wherever occurring), substitute “High Commissioner”,(b) Omit “Deputy Chairman” (wherever occurring), substitute “Chief Minister”. |\n| Section 23................. | Omit “Administrator” (wherever occurring), substitute “High Commissioner”. |\n| Section 24................. | Omit “the Minister” (wherever occurring), substitute “the High Commissioner”. |\n| Sub-section 26(1)............. | Omit “the Minister”, substitute “the High Commissioner” |\n| Section 28................. | Omit paragraph (c), substitute the following paragraph:—“(c) he resigns his office by writing under his hand delivered to the High Commissioner and the resignation is accepted by the High Commissioner; or”. |\n| Sub-section 29(1)............. | (a) Omit “a ministerial office”, substitute “be a Minister of the House of Assembly”.(b) Omit “the office”, substitute “his office”. |\n| Sub-section 29(2)............. | Omit “Administrator” (wherever occurring), substitute “High Commissioner” |\n| Sub-section 30(2)............. | Omit “Ordinance”, substitute “enactment”. |\n| Sub-section 33(2)............. | Omit “Ordinance”, substitute “enactment”. |\n| Sections 34 and 36............ | Omit “Ordinance” (wherever occurring), substitute “enactment”, |\n\n \nSchedule—continued\n\n| Provision | Amcndmcnl |\n| ------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| Sub-paragraph 36a(2)(b)(ii) | Omit “, other than official members,”. |\n| Paragraph 36a(2)(c)............. | Omit “Administrator”, substitute “High Commissioner”. |\n| Sub-section 37(1).............. | Omit the sub-section. |\n| Sub-paragraph 37(2)(b)(i)\\|........ | Omit “Ordinance”, substitute “enactment”. |\n| Sub-paragraph 37(2)(b)(ii)........ | Omit “Minister”, substitute “High Commissioner”. |\n| Paragraph 37(4)(b)............. | Omit “Ordinance”, substitute “enactment”. |\n| Sub-section 38(1).............. | Omit “Governor-General”, substitute “High Commissioner”. |\n| Sub-section 38(2).............. | Omit the sub-section. |\n| Sub-section 38(3).............. | (a) Omit “Governor-General” (first and second occurring), substitute “High Commissioner”.(b) Omit “but the resignation of an official member is not-effective until the resignation has been accepted by the Governor-General” |\n| Paragraph 38(4)(a)............. | (a) Omit “Administrator” substitute “High Commissioner”.(b) Omit “Ordinance”, substitute “enactment” |\n| Paragraph 38(4)(b)............. | Omit “Governor-General”, substitute “High Commissioner”. |\n| Sub-section 38(5).............. | Omit “Administrator” substitute “High Commissioner”. |\n| Section 40................... | Omit “Administrator” (wherever occurring), substitute “High Commissioner”. |\n| Sub-section 40(2).............. | Omit “Ordinance”, substitute “enactment”. |\n| Sub-section 41(1).............. | Omit “Administrator”, substitute “High Commissioner”. |\n| Sub-section 42(1).............. | Omit “thirty-six”, substitute “thirty-five”. |\n| Sub-section 44(3).............. | Omit “Governor-General” substitute “High Commissioner”. |\n| Sub-section 47(2).............. | Omit “Ordinance” substitute “enactment”. |\n| Section 48................... | Omit “Ordinances” (wherever occurring), substitute “laws”. |\n| Section 49a.................. | (a) Omit “Administrator”, substitute “High Commissioner”.(b) Omit “an official member of the House requests”, substitute “the Chief Minister or, in his absence, another Minister of the House of Assembly requests”. |\n| Section 50................... | Omit “Administrator” substitute “High Commissioner”, |\n| Section 53................... | (a) Omit “An Ordinance”, substitute “A proposed law”.(b) Omit “the Ordinance” (wherever occurring), substitute “the proposed law”.(c) Omit “an Ordinance” substitute “a proposed law”. |\n| Section 54................... | (a) Omit “Ordinance” (wherever occurring), substitute “proposed law”.(b) Omit “Administrator” (wherever occurring), substitute “High Commissioner”. |\n| Section 56................... | (a) Omit “Administrator” (wherever occurring), substitute “High Commissioner”.(b) Omit “an Ordinance” (wherever occurring), substitute “a proposed law”.(e) Omit “the Ordinance” (wherever occurring), substitute “the proposed law”. |\n| Sub-section 57a(1)............. | (a) Omit “Ordinance”, substitute “proposed law”.(b) Omit “or the Administrator” (wherever occurring). |\n| Sub-section 57a(1a)............. | (a) Omit “an Ordinance” (wherever occurring), substitute “a proposed law”.(b) Omit “the Ordinance” (wherever occurring), substitute “the proposed law” |\n| Sub-section 57a(2)............. | (a) Omit the sub-section, substitute the following sub-section:—“(2) Where the Governor-General withholds assent to a proposed law or a part of a proposed law, the Minister shall cause a statement of the reasons for withholding assent to be laid before each House of the Parliament as soon as possible, but in any case within fifteen sitting days of that House, after the date on which assent was withheld.”. |\n| Sub-section 58(4).............. | Omit “Ordinance”, substitute “enactment”. |\n| Sub-section 58(4a)............. | Omit “Ordinance” (wherever occurring), substitute “enactment”. |\n| Paragraph 59(1)(a)............. | Omit “under the Seal of the Commonwealth”, |\n| Sub-sections 62(1), (3) and (4)...... | Omit “Ordinance”, substitute “enactment”. |\n| Sub-section 62a(3)............. | Omit “Ordinance” (wherever occurring), substitute “enactment”. |\n\n \nSchedule—continued\n\n| Provision | Amendment |\n| ------------------------------ | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Sub-section 62a(10)........ | Omit “Ordinance”, substitute “enactment”. |\n| Sub-section 64(5)......... | Omit “Ordinance”, substitute “enactment”. |\n| Sub-sections 73(1) and (3).... | Omit “Administrator”, substitute “High Commissioner”. |\n| Sub-section 75(2)......... | Omit “Ordinance”, substitute “enactment”. |\n| Sub-section 75(3)......... | Omit “Administrator”, substitute “High Commissioner”. |\n| Paragraph 77(a)........... | Omit “Ordinance” substitute “enactment”. |\n| Fifth Schedule............ | Omit “Administrator (or Acting Administrator or Deputy Administrator)” (wherever occurring), substitute “High Commissioner (or Acting High Commissioner or Deputy High Commissioner)”. |\n| Eighth Schedule.......... | Omit “Administrators” (wherever occurring). |\n| Ninth Schedule........... | Omit “(designation of office)” (wherever occurring), substitute “Minister of the House of Assembly”. |\n\nPART II—FORMAL AMENDMENTS\n\n1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used to identify a section of that Act or of another Act, and substituting that number expressed in figures:—\n\nSections 5(1) (definition of “the Supreme Court”), 32, 48, 53, 64(4) and 70.\n\n2. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “to this Act” and “of this section” (wherever occurring):—\n\nSections 5(1) (definitions of “the Supreme Court”, “the Territory of New Guinea” and “the Territory of Papua”), 18, 20(5), 23(1), 26(4)(a) and (b), 29(1), 32(2), 36(6), 36a(4), 48, 53, 56(4), 59(2) and 60(5).\n\n3. The Principal Act is amended as set out in the following table:—\n\n| Provision | Amendment |\n| ------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| Preamble............... | (a) Omit “the seventeenth day of December. One thousand nine hundred and twenty”, substitute “17th December, 1920”.(b) Omit “the twelfth day of February, One thousand nine hundred and forty-two”, substitute “12th February, 1942”.(c) Omit “the nineteenth day of April, One thousand nine hundred and forty-six, substitute” 19th April, 1946”.(d) Omit “the thirteenth day of December, One thousand nine hundred and forty-six”, substitute “13th December, 1946”. |\n| Sub-section 5(1) (definition of “the Trusteeship Agreement”) | (a) Omit “the thirteenth day of December, One thousand nine hundred and forty-six”, substitute “13th December, 1946”.(b) Omit “to this Act”. |\n| Sub-section 32(1)......... | Omit “of this Act” (first occurring). |\n| Sub-section 71(2)......... | Omit “the second day of November, One thousand nine hundred and thirty-one”, substitute “2nd November, 1931”. |","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1213},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing for PNG's internal self-government. While it makes extensive amendments to the 1949 Principal Act, these are consequential to the core objective of transferring powers to a local government and do not expand beyond the stated intent of enabling self-governance."},"complexity_factors":["Extensive consequential amendments replacing 'Administrator' with 'High Commissioner' throughout the Principal Act","Transitional provisions ensuring continuity of contracts, court cases, and property rights during the handover","Dual commencement structure (some sections immediate, others by Proclamation)","Multiple defined terms including 'enactment' and 'reserved matters' that cross-reference between this Act and the Principal Act","Amendment of existing legislation (Papua New Guinea Act 1949) requiring readers to cross-reference changes"],"plain_english_summary":"This Act grants **internal self-government to Papua New Guinea** (PNG), which was then an Australian territory, marking a major step toward full independence (achieved in 1975).\n\n**What changes:**\n- **New Executive Structure**: Replaces the Australian-appointed \"Administrator\" with a \"High Commissioner\" who acts on advice from PNG ministers. Creates the new office of **Chief Minister** (the local leader of government) to head an Executive Council of local ministers.\n- **Legal Status**: Establishes \"The Government of Papua New Guinea\" as a legal body that can own property, make contracts, and sue/be sued—transferring all assets and debts from the old \"Administration\" to this new Government.\n- **Law-Making**: Changes made by PNG's House of Assembly are now called \"enactments\" or \"laws\" rather than \"Ordinances,\" reflecting greater legislative autonomy.\n- **Reserved Matters**: Australia keeps control over **defence** and **foreign relations** (called \"reserved matters\"), plus any other matters specified by Proclamation, until full independence.\n- **Judiciary**: Allows judges to be appointed for fixed terms (rather than life) and updates judicial qualifications.\n\n**Who it affects:**\n- The people and Government of Papua New Guinea, who gain control over their own domestic affairs.\n- Australian officials in PNG, who shift from direct rulers (Administrator) to representatives (High Commissioner).\n\n**Why it matters:**\nThis is the constitutional bridge between colonial administration and independence. It lets PNG run its own affairs while Australia handles external security, paving the way for PNG to become an independent sovereign state in 1975."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act does exactly what its long title promises — it provides for the internal self-government of Papua New Guinea. While it is a substantial and wide-ranging set of amendments to the Principal Act, every provision is directed at that single coherent purpose: restructuring the governing arrangements for Papua New Guinea to give Papua New Guineans meaningful domestic self-governance while preserving Australian oversight of defence and foreign affairs. There is no evidence of scope creep or mission drift. The law stayed firmly within its original stated intent."},"complexity_factors":["Amending legislation with no standalone effect — must be read alongside the Papua New Guinea Act 1949–1972 and the Papua New Guinea Act 1973, creating a three-layer reading exercise","Extensive cross-referencing throughout: nearly every substantive provision references and modifies a specific section of the Principal Act","Large Schedule of consequential and formal amendments spanning dozens of individual provisions across the Principal Act","Staggered commencement: different sections come into force on different dates (Royal Assent vs Proclamation), creating temporal complexity","Detailed transitional provisions (Part III, sections 35–45) dealing with carry-over of acts, decisions, property, liabilities, and legal proceedings from the old Administration to the new Government","Concept of 'reserved matters' introduced with a layered definition: defence and foreign relations are fixed, but additional matters can be added or removed by Proclamation, creating ongoing conditional scope","Conditional logic around reserved matters ministerial functions (section 25A) — functions only valid to extent approved by Australian Minister, with validity savings clause","Multiple defined terms introduced or modified mid-amendment, including 'enactment', 'the Government', 'Acting High Commissioner', 'reserved matter' — requiring readers to track definitions across both Acts","Section 42 transitional provision creates a complex carve-out for Ordinances passed before the commencement of section 24 but not yet assented to by the Governor-General","Formal amendments in Part II of the Schedule include renumbering, date format changes, and language modernisation across numerous provisions — tedious to track but not substantively complex"],"plain_english_summary":"## Papua New Guinea Act (No. 2) 1973 — Plain English Summary\n\nThis law is a **major constitutional stepping stone** toward Papua New Guinea's independence from Australia. It formally transformed Papua New Guinea from a territory administered directly by Australia into a territory with **internal self-government** — meaning Papua New Guineans gained control over their own domestic affairs, while Australia retained authority over defence and foreign relations.\n\n### What the law actually does\n\n**Establishes a new style of government for Papua New Guinea:**\n- Creates **\"The Government of Papua New Guinea\"** as a formal legal body (a \"body politic\" — meaning it can own property, sign contracts, and sue and be sued in its own name, just like a corporation can).\n- Replaces the old colonial office of **\"Administrator\"** with a new office of **\"High Commissioner\"**, appointed by Australia's Governor-General. This is more than a name change — it signals a shift from direct colonial rule to a diplomatic-style relationship.\n- Replaces the old **\"Deputy Chairman of the Administrator's Executive Council\"** with a **\"Chief Minister\"** — effectively Papua New Guinea's own head of government, elected from the House of Assembly.\n\n**Clarifies what Australia still controls (\"reserved matters\"):**\n- Australia kept direct control over **defence** and **foreign relations**.\n- Ministers in Papua New Guinea's government could only act on these \"reserved matters\" to the extent approved by the Australian federal Minister responsible.\n- Any proposed law touching a reserved matter had to be set aside for the Governor-General's approval before it could take effect.\n\n**Reforms the legislature and judiciary:**\n- The House of Assembly's composition was adjusted (reduced from up to 107 to up to 103 members), and official (government-appointed) members were removed.\n- Laws made by the House of Assembly were renamed from \"Ordinances\" to simply \"laws\" — a subtle but symbolically significant shift away from colonial terminology.\n- Judicial appointments were updated, including the ability to appoint judges for a fixed term (up to age 65), and village courts were explicitly recognised.\n\n**Transfers all assets and liabilities** from the old \"Administration\" to the new \"Government of Papua New Guinea\", so the new government inherited everything the old colonial administration owned and owed — including property, contracts, and legal proceedings.\n\n**Protects ongoing commitments:**\n- Australia's guarantees of Papua New Guinea's public loans (money borrowed to fund services) were preserved, including for loans taken out before independence and repayable after it.\n\n**Oaths of allegiance** were updated — public officials no longer had to swear loyalty to the Queen personally, just to serve faithfully. Another quiet but meaningful step toward independence.\n\n### Who does this affect?\n- **Papua New Guineans** — who gained a functioning self-governing structure with their own Chief Minister and Cabinet.\n- **Australian officials** in Papua New Guinea — whose roles were redefined (e.g. the Administrator became the High Commissioner).\n- **Businesses and individuals** with contracts or legal dealings with the Papua New Guinea administration — their rights and obligations transferred automatically to the new Government.\n\n### Why does it matter?\nThis law was the formal legal mechanism by which Australia handed domestic self-governance to Papua New Guinea, two years before full independence was granted in 1975. It carefully balanced giving Papua New Guineans real governing power while Australia retained oversight over the big-ticket international matters of defence and foreign policy. Think of it as the \"training wheels\" stage of independence — real power, but with Australia still steering on the big stuff."},"issue_detection":{"absurdities":[{"type":"other","section":"Section 1(3)","severity":"low","reasoning":"Section 1(3) of this Act is an operative amendment provision embedded inside the short title and citation clause — an unusual drafting choice. While not strictly impossible to comply with, it is logically odd for a commencement/citation clause to contain a substantive amendment to another Act, particularly one that takes effect simultaneously with the Act coming into force. The amendment is self-referentially entangled with the commencement machinery.","confidence":0.65,"description":"A provision of this Act purports to amend a different Act (the Papua New Guinea Act 1973, s.1(3)) by omitting a sub-section from it. However, section 2(1) provides that section 1 comes into operation on the day of Royal Assent. This means that on the very day of Royal Assent, section 1(3) of this Act simultaneously amends the Papua New Guinea Act 1973. The amendment target (s.1(3) of the 1973 Act) deals with the citation of that earlier Act, meaning this Act is modifying another Act's self-citation clause at the precise moment this Act itself is being cited for the first time — a curious bootstrapping problem where the amending Act must already be understood to exist before the amendment it makes can be read."},{"type":"other","section":"Section 20 (s.11) and Section 41","severity":"low","reasoning":"Section 41 says that until s.20 is amended, para (1)(c) has effect as if 'nine' were replaced with 'not less than nine nor more than twelve'. But s.11 of this Act amends s.20(1)(c) of the Principal Act to read 'not less than nine nor more than twelve'. So the transitional provision bridges the gap to the same text. This appears intentional — to cover the window before s.20's amendment commences (s.2(2) defers it to Proclamation) — but the drafting creates an appearance of redundancy that is, on closer inspection, a legitimate transitional device. Confidence is moderate that this is a genuine drafting curiosity rather than a pure nullity.","confidence":0.55,"description":"Section 41 creates a modification of the amended s.20(1)(c) of the Principal Act to apply 'until the commencement of the amendment of section 20'. But the modification it makes — substituting 'not less than nine nor more than twelve' for the word 'nine' — is identical to the language that the amendment of s.20 itself introduces via s.11. In other words, the transitional provision in s.41 pre-emptively applies the very same text that the substantive amendment will ultimately enact, making s.41 a provision that transitions to an identical state. The transitional provision appears to be a nullity: it changes nothing relative to what the amendment will achieve."},{"type":"self_contradicting","section":"Section 14(2) (inserted s.25a(2))","severity":"medium","reasoning":"The provision creates a duty ('shall not give an approval... except upon the recommendation of, or after consultation with') and then immediately nullifies any legal effect of breaching that duty. This is internally self-contradicting: it is simultaneously a mandatory requirement and a provision with no legal bite. While ouster-of-review clauses are known in Australian law, applying one to the very requirement created in the same sub-section produces a provision that is directively hollow. It cannot be challenged if breached, making the 'shall not' purely hortatory.","confidence":0.85,"description":"Section 25a(2) requires the Minister not to give approval for ministerial functions relating to reserved matters except upon the recommendation of, or after consultation with, the High Commissioner — but then immediately provides that the validity of the approval 'shall not be called in question on the ground that the requirements of this sub-section have not been complied with.' This renders the consultation/recommendation requirement entirely unenforceable and legally meaningless: the Minister is told they must consult, but there is no consequence whatsoever if they do not."},{"type":"other","section":"Section 20(s.36) — Composition of House of Assembly","severity":"medium","reasoning":"The substituted text reads 'one hundred members, but not more than one hundred, and three'. The comma before 'and three' is grammatically anomalous. The intent appears to be a minimum of 100 and a maximum of 103 members (replacing 104 minimum and 107 maximum), but the comma creates genuine ambiguity. Is the maximum 'one hundred and three' (103), or does 'and three' refer to something else entirely? A court would likely resolve this by reference to legislative intent, but the text on its face is genuinely confusing and could create compliance uncertainty.","confidence":0.8,"description":"Section 20(a) amends s.36(1) of the Principal Act by substituting the words 'one hundred members, but not more than one hundred, and three' for the words 'one hundred and four members, but not more than one hundred and seven'. The comma placement in 'one hundred, and three' creates an ambiguous and grammatically awkward phrase. It is unclear whether this means 'one hundred and three' (103) members as a maximum, or whether 'and three' is a separate enumeration. The comma appears to be a typographical or drafting error that renders the provision ambiguous."},{"type":"other","section":"Section 43","severity":"low","reasoning":"The cross-reference in inserted s.5(1a) of the Principal Act refers to 'section 42 of the Papua New Guinea Act (No. 2) 1973' (i.e., this amending Act), but the transitional provision actually governing Proclamation-making for that sub-section is s.43 of this Act, not s.42. Section 42 of this Act deals with Ordinances not yet assented to. The cross-reference in the substantive provision therefore points to the wrong section of this Act. The power to make Proclamations for s.5(1a) is housed in s.43, not s.42 as the inserted provision states.","confidence":0.75,"description":"Section 43 permits Proclamations to be made under s.5(1a) of the Principal Act (as amended) at any time after Royal Assent, but sub-paragraph (b) provides that after the date of commencement of that sub-section, a Proclamation 'shall not be made... except for the purposes of revoking or cancelling a Proclamation or of deleting, or reducing the scope of, a matter specified by a Proclamation.' This means that once the sub-section commences, the power to add new reserved matters by Proclamation is permanently extinguished. Combined with s.5(1a)'s definition of 'reserved matter' which includes matters 'specified by Proclamation made in accordance with section 42 of the Papua New Guinea Act (No. 2) 1973', this creates a one-way ratchet: reserved matters can only ever be reduced after commencement, never expanded. This is likely intentional as part of the self-government framework, but the internal cross-reference in s.5(1a) to 's.42 of the Papua New Guinea Act (No. 2) 1973' — which is this very Act — while s.43 of this Act governs transitional Proclamation-making, creates a confusing internal reference structure."},{"type":"self_contradicting","section":"Section 15(d) (inserted s.26(3)) and Section 15(e) (inserted s.26(5))","severity":"high","reasoning":"Section 26(3) as amended establishes a clear procedural gate: the High Commissioner cannot terminate a Minister's appointment without a House of Assembly resolution. Section 26(5) as amended grants the Governor-General an independent, unqualified power to terminate a Minister's appointment on public interest grounds without any such resolution. A Minister could therefore be validly dismissed under s.26(5) in circumstances that s.26(3) explicitly prohibits (absent a House resolution). The two provisions cannot be simultaneously satisfied in the case of a Governor-General-initiated dismissal, creating a genuine conflict in the termination regime.","confidence":0.88,"description":"The amended s.26(3) of the Principal Act provides that the High Commissioner shall NOT terminate the appointment of a Minister unless the House of Assembly has resolved that the appointment be terminated. However, the amended s.26(5) provides that the Governor-General MAY terminate the appointment of a Minister after a report by the High Commissioner if the public interest so requires — with no requirement of a House of Assembly resolution. These two sub-sections create a directly conflicting regime for ministerial termination: one requires parliamentary resolution; the other bypasses it entirely via executive fiat."}],"contradictions":[{"severity":"high","section_a":"Section 15(d) — amended s.26(3) of Principal Act","section_b":"Section 15(e) — amended s.26(5) of Principal Act","confidence":0.88,"description":"Amended s.26(3) prohibits the High Commissioner from terminating a Minister's appointment unless the House of Assembly has resolved accordingly. Amended s.26(5) independently empowers the Governor-General to terminate a Minister's appointment on public interest grounds after a report by the High Commissioner, with no requirement for a House of Assembly resolution. The Governor-General's power under s.26(5) can be exercised in exactly the circumstances s.26(3) forbids unilateral termination, creating a directly conflicting dual regime for ministerial dismissal."},{"severity":"medium","section_a":"Section 14 — inserted s.25a(2) (mandatory consultation requirement)","section_b":"Section 14 — inserted s.25a(2) (validity ouster clause)","confidence":0.85,"description":"Within the same sub-section, s.25a(2) simultaneously imposes a mandatory requirement on the Minister (not to approve reserved-matter functions except on High Commissioner recommendation or after consultation) and then renders any breach of that requirement legally inconsequential by providing that the validity of an approval cannot be questioned on the ground of non-compliance. The mandatory duty and its complete legal nullification coexist in the same provision."},{"severity":"low","section_a":"Section 4(a) — definition of 'enactment' in inserted s.5(1)","section_b":"Section 6(a) — amended s.12(3) of Principal Act","confidence":0.7,"description":"The inserted definition of 'enactment' in s.5(1) covers laws made by the House of Assembly and assented to under s.54 or s.56, as well as existing Ordinances. Section 12(3) as amended deems every 'enactment' to be an 'Ordinance' for the purposes of references in laws and instruments to Ordinances generally. This creates a circular equivalence: Ordinances are a subset of 'enactments' (by definition), and yet all 'enactments' are deemed to be 'Ordinances' (by s.12(3)). The new category of House of Assembly laws is thus simultaneously distinct from Ordinances (by definition) and deemed to be Ordinances (by s.12(3)), creating conceptual circularity in the definitional scheme."},{"severity":"low","section_a":"Section 2(1) — sections 26, 27 and 28 commence on Royal Assent","section_b":"Section 16 — section 27 of the Principal Act is repealed","confidence":0.6,"description":"Section 2(1) provides that sections 26, 27, and 28 of this Act come into operation on the day of Royal Assent. However, section 16 of this Act repeals section 27 of the Principal Act. The commencement provision references 'sections 26, 27 and 28' of this Act, and section 27 of this Act deals with amendments to s.60 of the Principal Act (Acting Judges). The reference to 'sections 26, 27 and 28' of this Act is thus potentially confusable with sections 26, 27, and 28 of the Principal Act (one of which — s.27 of the Principal Act — is repealed by s.16 of this Act). While likely a labelling coincidence, the shared numbering between the amending Act's provisions and the Principal Act's provisions that are concurrently being amended or repealed creates a genuine risk of ambiguity in reading the commencement clause."}]}},"importantCases":[],"_links":{"self":"/api/acts/papua-new-guinea-act-no-2-1973","history":"/api/acts/papua-new-guinea-act-no-2-1973/history","analysis":"/api/acts/papua-new-guinea-act-no-2-1973/analysis","conflicts":"/api/acts/papua-new-guinea-act-no-2-1973/conflicts","importantCases":"/api/acts/papua-new-guinea-act-no-2-1973/important-cases","documents":"/api/acts/papua-new-guinea-act-no-2-1973/documents"}}