Interpretation Act 1975

Being an Act for the interpretation of Acts and instruments made under Acts, and for related purposes.

(1) In this Act, unless the context indicates otherwise, or some other meaning is clearly intended–

	Home \| Databases \| WorldLII \| Search \| Feedback Papua New Guinea Consolidated Legislation

(d) an instrument (whether of a legislative nature or not) having effect by virtue of an instrument referred to in Paragraph (c).

(2) Unless the context indicates otherwise or some other meaning is clearly intended, a reference in this Act to a part of a statutory provision includes a reference to any portion of the provision, whether or not described in the provision as a part.

(1) Except where in this Act the context indicates otherwise, or some other meaning is clearly intended, this Act applies to every statutory provision (including this Act) whenever made or adopted.

(2) The rules contained in this Act apply in accordance with Subsection (1) unless the context of any particular statutory provision indicates otherwise, or some other meaning is clearly indicated by a particular statutory provision.

PART II. – DEFINITIONS, RULES AND PRINCIPLES APPLICABLE TO ALL ACTS AND INSTRUMENTS .

^[2](1) Subject to Subsection (2), it shall be presumed, unless the contrary intention appears, that a provision is intended to operate–

(d) in relation to all ships and aircraft (wherever located) which have Papua New Guinea nationality and in particular to all persons and things for the time being on board those ships and aircraft.

(a) an adopted Act which embodies the terms of a pre-Independence law of the former Territory of Papua or of the former Territory of New Guinea; or

(c) Provincial Government laws, Local Government rules or to any other subordinate enactment made under a power which is limited to the making of statutory instruments to operate in or for the purposes of an area smaller than the country.

(a) as limiting the operation which an adopted Act or subordinate enactment has apart from this section; and

“Act of Indemnity” means an Act made under Section 137 (Acts of Indemnity) of the Constitution;

“Acts of the Parliament” means a law (other than a Constitutional Law) made by the Parliament;

“adopted Act” means a pre-Independence law adopted by Section Sch. 2.6 (adoption of pre-Independence laws) of the Constitution;

“adopted foreign law” means a law of another country adopted as part of the law of the State otherwise than by virtue of Section Sch. 2.6 (adoption of pre-Independence laws) of the Constitution;

“adopted subordinate enactment” means a pre-Independence law adopted by Section Sch. 2.6 (adoption of pre-Independence laws) of the Constitution;

“affidavit”, in the case of a person allowed by law to affirm, declare or promise instead of swearing, includes affirmation, declaration and promise;

“Affirmation of Allegiance” means the affirmation specified in Section 7 (Oath of Allegiance) of the Constitution;

“archipelagic waters” means the waters which are archipelagic waters in accordance with Section 7 of the National Seas Act 1977;

“alter”, in relation to a statutory provision, includes repeal (with or without re-enactment or the making of other provision), amend, modify, suspend (or remove a suspension) or add to the words or effect of the provision;

“Area Authority” means a Local-level Government Special Purposes Authority established under Section 42(1) of the Local-level Governments Administration Act 1977;

“the Auditor-General” means the person occupying the office established by Section 213 (establishment of the office of Auditor-General) of the Constitution;

“Australia” means the Commonwealth of Australia but, when used in a geographical sense, does not include a Territory of Australia other than the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory;

“authorized printer” means a person authorized to print or reprint the laws of the State under Section 3 of the Printing of the Laws Act 1975;

“automatic citizen” means a person who is a citizen by virtue of Section 65 (automatic citizenship on Independence Day) or Section 66 (citizenship by descent) of the Constitution;

“the Boundaries Commission” means the Boundaries Commission established by Section 26 (Boundaries Commission) of the Organic Law on National and Local-level Government Elections;

“the Central Bank” means the Bank of Papua New Guinea established by Section 2 of the Central Banking Act 1973 (repealed) and preserved and continued in existence by Section 4 of the Central Banking Act 2000;

“certified”, in relation to a law made by the Parliament, means certified under Section 110 (certification as to making of laws) of the Constitution;

“the Chief Justice” means the person occupying the office established by Section 169 (appointment, etc., of the Chief Justice) of the Constitution;

“the Chief Magistrate” means the person occupying the office established by Section 175 (the Chief Magistrate) of the Constitution;

“citizen” means a person who is a citizen of Papua New Guinea by virtue of Division IV.2 (acquisition of citizenship) of the Constitution;

“commencement”, in relation to a statutory provision, means the time at which the provision comes into operation;

^[5]“Commissioner General of Internal Revenue” or “Commissioner General” means the Commissioner General of Internal Revenue appointed under Section 6 of the Income Tax Act 1959;

“committed for trial” means committed to a corrective institution, lock-up or other place of detention with a view of being–

(b) admitted to bail on a recognizance or other security to appear and be so tried;

“the common law” means the principles and rules of common law and equity in England adopted by Section Sch.2.2 (adoption of a common law) of the Constitution, and includes those principles and rules as developed from time to time under Section Sch.2.3 (development, etc., of the underlying law) of the Constitution;

“the Constitution ”“the Constitution“ means the National Constitution;

“Constitutional Law” means the Constitution, a law altering the Constitution or an Organic Law;

“Constitutional Regulation” means a regulation made under Section 258 (Constitutional Regulations) of the Constitution;

“corrective institution” means premises declared to be a corrective institution under the Correctional Service Act 1995;

“country”, otherwise than in relation to Papua New Guinea, includes a state, province, territory or similar division of a country;

“court of competent jurisdiction”, in relation to any matter, means a court having jurisdiction in relation to that matter;

“custom” means the customs and usages of indigenous inhabitants of the country existing in relation to the matter in question at the time when and the place in relation to which the matter arises, regardless of whether or not the custom or usage has existed from time immemorial;

“customary land” means land that is owned or possessed by an automatic citizen or community of automatic citizens by virtue of rights of a proprietary or possessory kind that belong to that citizen or community and arise from and are regulated by custom;

“the Declaration of Loyalty” means the declaration set out in Section 6 (Declaration of Loyalty) of the Constitution;

“the Declaration of Office” means the declaration in the form in Schedule 3 to the Constitution;

“the Defence Force” means the Papua New Guinea Defence Force established by Section 188 (establishment of State Services) of the Constitution;

“deliberate judgement” has the meaning given to it by Section 62 (decisions in “deliberate judgement”) of the Constitution;

“the Department”, in relation to any provision, matter or thing, means–

(a) the Department designated by notice under Section 8(2) for the purposes of that provision, matter or thing; and

(b) in any other case, the Department the functions of which relate to the administration of that provision, matter or thing;

“the Departmental Head”, in relation to any provision, matter or thing, means the Departmental Head designated by notice under Section 8(1) for the purposes of that provision, matter or thing;

“the Deputy Chief Justice” means the person occupying the office established by Section 170 (appointment of other Judges) of the Constitution;

“the Deputy Leader of the Opposition” means the member of the Parliament (if any) recognized by the Parliament as being the second principal speaker on behalf of those members of the Parliament who are not generally committed to support the Government in the Parliament;

^[6]“District Administrator” means a District Administrator appointed under Section 73(3) of the Organic Law on Provincial Governments and Local-level Governments;

“District Court” means a court established under the District Courts Act 1963;

“District Officer” includes a person occupying one of the following offices:–

“the Electoral Commission” means the Electoral Commission established by Section 5(1) (Electoral Commission) of the Organic Law on National and Local-level Government Elections;

“the Electoral Commissioner” means the Electoral Commissioner appointed under Section 5(2) (Electoral Commission) of the Organic Law on National and Local-level Government Elections;

“Emergency Act” means an Act of the Parliament made under Part X. (emergency powers) of the Constitution;

“Emergency Regulation” means a law made in accordance with Section 231 (Emergency Regulations) of the Constitution;

“estate” includes any estate or interest, charge, right, title, claim, demand, lien or encumbrance in or in respect of land, at law or in equity;

(a) in relation to a fiscal or financial year prior to 1 July 1977–the period of 12 months commencing on 1 July; or

(c) in relation to a fiscal or financial year commencing on or after 1 January 1978–the period of 12 months commencing on 1 January of any year or on any date specified under Subsection (3) in place of 1 January;

“Government Printer” includes a person printing or purporting to print for, or by the authority of, the State;

“the Head of State, acting on advice” means the Head of State, acting with, and in accordance with, the advice of the National Executive Council;

“Independence” means the establishment of Papua New Guinea as a sovereign independent State;

“indictment” means a written charge preferred against an accused person for the purpose of bringing him to his trial before the National Court;

“interest in land” means a proprietary right, title or estate, whether corporeal or incorporeal, and whether legal or equitable, in or in respect of land (other than customary land), and includes a right appurtenant or appendant to any such right, title or estate;

“internal waters” means the waters described in Section 5 of the National Seas Act 1977;

“Judge of the National Court” means the Chief Justice, the Deputy Chief Justice or a Judge, and includes an acting Judge;

“Judge of the Supreme Court” means a Judge of the National Court, other than an acting Judge;

“the Judicial Declaration” means the declaration in the form in Schedule 4 to the Constitution;

“the Judicial and Legal Services Commission” means the Commission established by Section 183 (establishment of the Commission) of the Constitution;

“justice” means a justice of the peace appointed under any law of Papua New Guinea;

“land” includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, whatever may be the estate or interest in them;

“the Land Titles Commission” means the Land Titles Commission established by Section 5 of the Land Titles Commission Act 1962;

“the Law Reform Commission” means the Law Reform Commission established by Section 3 of the Law Reform Commission Act 1975;

“lawyer” means a person who has been admitted to practice as a lawyer under the Lawyers Act 1986;

“the Leader of the Opposition” means the member of the Parliament (if any) recognized by the Parliament as being the principal speaker on behalf of those members of the Parliament who are not generally committed to support the Government in the Parliament;

“Local-level Government Authority” means Local-level Government Special Purposes Authority;

^[7]“Local-level Government” means a Local-level Government as described in Section 26(3) of, and established under or deemed by any law to have been established under, the Organic Law on Provincial Governments and Local-level Governments;

^[8]“local-level law” means a law made by a Local-level Government under the Organic Law on Provincial Governments and Local-level Governments;

“the Magisterial Service” means the Magisterial Service established by Section 173 (establishment of the Magisterial Service) of the Constitution;

“medical practitioner” means a person registered, provisionally registered or temporarily registered as a medical practitioner under the Medical Registration Act 1980;

“Minister” means a person appointed to be a Minister under Section 144(2) (other Ministers) of the Constitution;

“the Minister” in relation to any provision, matter or thing, means the Minister who, in accordance with Section 148 (functions, etc., of Ministers) of the Constitution, has responsibility for that provision, matter or thing;

“the National Capital District” means the district established by Section 4 (National Capital District) of the Constitution, the boundaries of which are defined in the Organic Law on the boundaries of the National Capital District;

“the National Constitution” means the Constitution of the Independent State of Papua New Guinea adopted at Port Moresby on 15 August 1975, and includes that Constitution as amended and in force from time to time;

“the National Court” means the National Court of Justice established by Section 163 (establishment of the National Court) of the Constitution;

^[9]“National Economic and Fiscal Commission” means the National Economic and Fiscal Commission established by Section 117 of the Organic Law on Provincial Governments and Local-level Governments;

“the National Executive” means the National Executive provided for by Section 139 (the National Executive) of the Constitution;

“the National Executive Council” means the National Executive Council established by Section 149 (the National Executive Council) of the Constitution;

“the National Gazette” means the official journal of that name of the National Government provided for by Section 252 (the National Gazette) of the Constitution, and includes any Special National Gazette, National Gazette Extraordinary or Supplement to the National Gazette;

^[10]“National Investigation Committee” means the National Investigation Committee established by Section 61 of the Organic Law on Provincial Governments and Local-level Governments;

“the National Public Service” means the National Public Service established by Section 188 (establishment of the State Services) of the Constitution;

“naturalized citizen” means a person who is a citizen by virtue of Section 67 (citizenship by naturalization) of the Constitution;

“oath”, in the case of a person allowed by law to affirm, declare or promise, instead of swearing, includes affirmation, declaration and promise;

“the Oath of Allegiance” means the oath set out in Section 7 (Oath of Allegiance) of the Constitution;

“offence”, in relation to a law, includes a breach or contravention of, or a failure to comply with, the law;

(d) the Commissioner or an Associate Commissioner of the Teaching Service Commission; or

(g) a person who occupies an office (not being an office to which any of the preceding paragraphs apply) for the time being declared by notice under Subsection (5);

“offshore seas” means the waters which comprise the offshore seas in accordance with Section 6 of the National Seas Act 1977;

“the Ombudsman Commission” means the Ombudsman Commission established by Section 217 (the Ombudsman Commission) of the Constitution;

“Organic Law” means an Organic Law made in accordance with Section 12 (Organic Laws) of the Constitution;

“owner”, in relation to land the subject of a lease from the State under an Act relating to the granting of leases by the State, means the lessee under the lease;

“Papua New Guinea currency” means the currency provided for by Part VIII. of the Central Banking Act 2000;

“the Parliament” means the National Parliament established by Section 99 (structure of Government) of the Constitution;

“the Police Force” means the Police Force established by Section 188 (establishment of the State Services) of the Constitution;

“the Preamble” in relation to the Constitution, means the provisions of the Constitution that end immediately before the heading to Part I. of the Constitution;

“pre-Independence law” has the same meaning as in Section Sch. 2.6 (adoption of pre-Independence laws) of the Constitution;

“the pre-Independence Supreme Court” means the pre-Independence Court known as–

“prescribed” means prescribed by the statutory provision in which the word occurs, and where the word occurs in an Act includes prescribed by a regulation made under that Act;

“the Prime Minister” means the person occupying the office established by Section 142 (the Prime Minister) of the Constitution;

“province” means a province declared under Section 5 (provinces) of the Constitution, and includes the National Capital District;

^[11]“Provincial Administrator” means a Provincial Administrator appointed under Section 73(2) of the Organic Law on Provincial Governments and Local-level Governments;

^[12]“Provincial Auditor” means a Provincial Auditor appointed under Section 113(2) of the Organic Law on Provincial Governments and Local-level Governments;

^[13]“Provincial and District Treasury” means a Provincial and District Treasury established by Section 112 of the Organic Law on Provincial Governments and Local-level Governments;

^[14]“Provincial Government” means a Provincial Government established under Section 10 of the Organic Law on Provincial Governments and Local-level Governments and includes an Interim Provincial Government as provided for by that Organic Law;

^[15]“Provincial Governor” means a person holding office as Provincial Governor under the Organic Law on Provincial Governments and Local-level Governments.

“the Public Accounts Committee” means the committee established by Section 215 (establishment of the Committee) of the Constitution;

“the Public Prosecutor” means the person occupying the office established by Section 176 (establishment of offices) of the Constitution;

“the Public Services Commission” means the Commission established by Section 190 (establishment of the Commission) of the Constitution;

“the Public Solicitor” means the person occupying the office established by Section 176 (establishment of offices) of the Constitution;

“the Queen” means the Queen and Head of State of Papua New Guinea, and includes Her Majesty’s heirs and successors in the sovereignty of the United Kingdom of Great Britain and Northern Ireland;

“the Registrar of Titles” means the Registrar of Titles appointed under the Land Registration Act 1981;

“regulation” means a regulation made under an Act, and includes rules and by-laws so made;

“repeal” includes supersede, expire, cancel or otherwise cease to have effect;

“the Revised Laws” means the text of the laws of Papua New Guinea prepared under the authority of the Revision of the Laws Act 1973;

“rules of court”, in relation to a court, means rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of the court;

“security”, in relation to a power of investment in securities without limitation on the nature of the securities, includes stocks and shares;

“statutory declaration” means a declaration made by virtue of a law authorizing a declaration to be made otherwise than in the course of a judicial proceeding;

“Statutory Instrument” means subordinate enactments that under Section 60(2) are to be numbered as “Statutory Instruments”;

“subordinate enactment” means an instrument (whether of a legislative nature or not) made under an Act;

“subordinate legislation” has the same meaning as “subordinate enactment”;

“subordinate legislative enactment” has the same meaning as “subordinate enactment”;

“subordinate legislative instrument” means the instrument evidencing any subordinate legislation;

“summary conviction” means conviction by a court of summary jurisdiction;

“the Supreme Court” means the Supreme Court of Justice established by Section 160 (establishment of the Supreme Court) of the Constitution;

“swear”, in the case of a person allowed by law to affirm, declare or promise instead of swearing, includes affirm, declare and promise;

“the Teaching Service” means the Teaching Service established by the Teaching Service Act 1988;

“the Teaching Service Commission” means the Teaching Service Commission established by Section 2(1) of the Teaching Service Act 1988;

“territorial sea” means the waters which comprise the territorial sea in accordance with Part II of the National Seas Act 1977;

“the Territory of New Guinea” means the pre-Independence Territory of New Guinea formerly administered successively under the New Guinea Act 1920 of Australia, as in force from time to time, and under the Papua and New Guinea Act 1949 of Australia, as in force from time to time, and when used in a geographical sense means the area described in accordance with Section 92 and Schedule 1;

“the Territory of Papua” means the pre-Independence Territory of Papua formerly administered successively under the Papua Act 1905 of Australia, as in force from time to time, and under the Papua and New Guinea Act 1949 of Australia, as in force from time to time, and when used in a geographical sense means the area described in accordance with Section 92 and Schedule 2;

“time of war” means a period during which a declaration under Section 227 (declaration of war) of the Constitution is in force;

“town” means a place declared to be a town under the Town Boundaries Act 1951;

“the underlying law” means the underlying law as defined in Section Sch. 1.2(1) (meaning of certain expressions) of the Constitution;

“Village Court” means a court established under Section 4 of the Village Courts Act 1989;

“writing” includes printing, painting, engraving, typewriting, lithography, photography and all other modes of representing or reproducing words in a visible form .

(2) A reference in a statutory provision to a form, by number, shall be read as a reference to a form, so numbered, in the schedule, or if there are more schedules than one in the first schedule, to the provision.

(3) Where an expression is defined for any purpose in this Part, or otherwise in a statutory provision, then for that purpose all grammatical variations and cognate and related expressions are to be understood in the same sense.

(4)^[16] ^[17]The Minister may, by notice in the National Gazette, specify the date on and from which the financial year shall commence for the purposes of Paragraph (c) of the definition of “fiscal year” in Subsection (1).

(5) The Minister may, by notice in the National Gazette, declare an office to be an office for the purposes of the definition of “officer” in Subsection (1).

(a) an officer, office or institution–shall be read as a reference to that officer or office in and for Papua New Guinea, or established or provided for by a Constitutional Law or an Act; and

(b) an office or position–shall be read as a reference to the holder or occupant (whether substantive or other) for the time being of that office or position; and

(c) a locality, jurisdiction or other matter or thing–shall be read as a reference to that locality, jurisdiction or other matter or thing, in and of Papua New Guinea; and

(d) any place or Local Government Council for which a name has been approved or assigned under the Place Names Act 1965, or a place the name of which has been altered under that Act–shall be read as a reference to that place by the name so approved, assigned or altered; and

(i) being a date not earlier than 7 November 1945 and not later than June 1949–shall be read as a reference to an issue of the Territory of Papua-New Guinea Government Gazette of that date; and

(ii) being a date not earlier than 1 July 1949 and not later than 25 June 1971–shall be read as a reference to an issue of the Territory of Papua and New Guinea Government Gazette of that date; and

(iii) being a date not earlier than 1 July 1971 and later than 15 September 1975–shall be read as a reference to an issue of the Papua New Guinea Government Gazette of that date; and

(f) to the land boundary with Indonesia shall be read as a reference to the boundary demarcated in accordance with Articles 1, 4 and 9 of the Agreement set out in Schedule 1 to the Indonesian Border Agreement Act 1973; and

(ii) the superjacent airspace of the internal waters, territorial sea and of the land territory under the sovereignty of the State.

In relation to anything done or to be done on or after the commencement of this section, a reference in a statutory provision or other document to a Subdistrict shall be read as a reference to a District.

In any document made and not repealed before 1 September 1975 a reference to Administration land or an Administration lease shall, unless the contrary intention appears in the document, be read as a reference to Government land or a State lease, as the case may be.

(1) Where a statutory provision authorizes or requires a document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used), then unless the contrary intention appears the service shall be deemed to be effected by properly addressing, pre-paying (except where under a law the document may be sent by post free of charge) and posting the document as a letter.

(2) Subject to Subsections (3) and (4), where a document is served as provided for by Subsection (1), service shall, unless the contrary is proved, be deemed to have been effected at the time when the letter would be delivered in the ordinary course of post.

(3) Where the person on whom the document is to be served ordinarily collects his mail, or has his mail collected, at a post office or other place at which mail is held by or on behalf of the Department or person responsible for posts for collection, service in accordance with Subsection (1) shall be deemed to have been effected when the document would, in the ordinary course of events, have been collected.

(4) Where the person on whom the document is to be served has given, generally or in a particular case, a post office or other place as his postal address, service in accordance with Subsection (1) shall be deemed to have been effected when the document would, in the ordinary course of events, have been available for collection.

(b) words in the singular include the plural and words in the plural include the singular.

(a) the Prime Minister has made or intends to make a change under Section 148 (functions, etc., of Ministers) of the Constitution; and

(b) he believes that in view of the change the responsibilities of one portfolio (in this subsection called “the new portfolio”) are or will be similar to the responsibilities of another portfolio (in this section called “the former portfolio”),

(d) declare that on and from the date specified by him as the date of the change (whether that date is before or after the date of publication of the notice) the former portfolio shall, for all official purposes and for the purposes of any references to the former portfolio in any statutory provision or document, be known as the new portfolio.

(2) The Minister may, by notice in the National Gazette, advise that on and from a specified date (whether that date is before or after the date of publication of the notice) a reference to a particular officer or Department shall be read as a reference to another officer or Department.

(3) Where a notice is published under Subsection (1) or (2), a reference in any statutory provision or document to the former title shall, in relation to anything done or to be done on or after the specified date, be read as a reference to the new title.

“statutory corporation” means a corporation established by a statutory provision.

has, or has had, the effect of changing the name of an office or statutory corporation for any purpose, and the National Executive Council is satisfied that the change of name does not affect the functions, status or identity of the office or corporation for that purpose, the Head of State, acting on advice, may, by notice in the National Gazette, so declare.

(3) A declaration under Subsection (2) is for all purposes conclusive evidence of the effect of the change of name and of the identity of the office or corporation.

(a) by or under this section or any other statutory provision a change of name is declared not to affect the functions, status or identity of an office or statutory corporation in relation to any property; and

the Registrar of Titles and any other person in charge of a register kept under an Act and evidencing title to the property shall change the name entered on the register to accord with the declaration.

(1) The Minister may, by notice in the National Gazette, designate a Departmental Head to be the Departmental Head for the purposes of any statutory provision or other matter or thing.

(2) The Minister may, by notice in the National Gazette, designate a Department to be the Department for the purposes of any statutory provision or other matter or thing.

(1) In computing time for the purposes of a statutory provision, a period of time from–

shall be deemed to be exclusive of the certain day or of the day on which the event happens or the act or thing is done.

(2) If the last day of a period prescribed or allowed by a statutory provision for the doing of an act falls on a Sunday or a public holiday, the act may be done on the day next following that is not a Sunday or public holiday.

(3) Where a statutory provision directs or allows an act or proceeding to be done or taken on a certain day, then if that day happens to be a Sunday or public holiday the act or proceeding shall be considered as done or taken in due time if it is done or taken on the day next following that is not a Sunday or public holiday.

(4) Where a statutory provision directs or allows an act or proceeding to be done or taken within a time not exceeding eight days, Sundays and public holidays shall not be taken into account in the computation of the time.

Where no time is prescribed or allowed within which an act is required or permitted by a statutory provision to be done, the act shall or may be done, as the case may be, with all convenient speed and as often as the occasion arises.

In the measurement of a distance for the purposes of a statutory provision, the distance shall be measured in a straight line on a horizontal plane.

Where a statutory provision specifies a penalty for an offence against the provision, the penalty is the maximum penalty that may be imposed for that offence.

(b) at the foot of a subsection of a section of a statutory provision, but not at the foot of the section,

means that a contravention of the section or the subsection, as the case may be, whether by act or omission, is an offence against the provision punishable on conviction by a penalty not exceeding the penalty mentioned.

(2) Where the penalty is expressed to apply to a part only of the section or subsection, it applies to that part only.

(1) Where in, or at the foot of, any section or part of a section of a statutory provision the expression “Default penalty” appears, it indicates that a person who is convicted of an offence against that provision in relation to that section or part–

(a) is guilty of a further offence against that provision if the offence continues after he is so convicted; and

(b) is liable to an additional penalty, for each day during which the offence so continues, of not more than the amount expressed in the section or part as the amount of the default penalty.

(2) Where an offence is committed by a person by reason of his failure to comply with a section or part of a statutory provision referred to in Subsection (1) by or under which he is required or directed to do anything within a particular period, the offence shall be deemed, for the purposes of that subsection, to continue for so long as the thing required or directed to be done by him remains undone, notwithstanding that the period has elapsed.

Where under a statutory provision imprisonment may be awarded for an offence, it may be awarded with or without hard labour.

Where a statutory provision imposes or authorizes the imposition of a fine, penalty or forfeiture, the provision shall be deemed to direct that the fine, penalty or forfeiture when recovered, be paid into the Consolidated Revenue Fund to defray the expenditure of the State.

(1) A reference in a statutory provision to an offence punishable on indictment or summary conviction shall be deemed to apply to a corporation as well as to a natural person.

(2) Where under a statutory provision a forfeiture or penalty is payable to the party aggrieved, it is payable to a corporation where the corporation is the party aggrieved.

Where an act or omission constitutes an offence under two or more statutory provisions, or both under a statutory provision and under another law of Papua New Guinea, the offender is liable to be prosecuted and punished under either or any of those provisions, or either under that provision or under that other law, but is not liable to be punished twice for the same offence.

An offence that is not an indictable offence is punishable on summary conviction.

A person who aids, abets, counsels or procures, or by an act or omission is in any way directly or indirectly concerned in, the commission of an offence against or contravention of any law shall be deemed to have committed the offence or contravention, and is punishable accordingly.

A person who attempts to commit an offence against any law is guilty of an offence and is liable to trial and punishment as if the attempted offence had been committed.

The short title, long title, enacting words and words of commencement of a provision are those portions of a provision illustrated in Schedule 3 and designated in that schedule or by the footnotes to that schedule.

Form.	Name.	Numbering.
Primary division of section	Subsection	(1)
Primary division of subsection	Paragraph	(a)
Primary division of paragraph	Subparagraph	(i)
Primary division of subparagraph	Clause	(A)
Primary division of clause	Subclause	(I)

(1) The headings of the Chapters, Parts, Divisions and Subdivisions into which a statutory provision is divided form part of the provision.

(3) The heading or head-notes to the various sections of a statutory provision do not form part of the provision.

(4) Marginal notes or footnotes to a statutory provision do not form part of the provision.

(1) Where a schedule to a statutory provision comprises a scale or table, the divisions of the schedule shall be known as items.

(2) Where a schedule to a provision is in narrative form, the divisions and subdivisions shall be known as sections.

(2) Where a form approved under Section 75 or 88 makes provision for specifying the price to purchase a copy of an instrument, a notice published for the purposes of one of those sections substantially complies with the form notwithstanding that the notice does not specify the price.

(1) Subject to Subsection (3), where a statutory provision indicates that it is to come into operation in accordance with a notice in the National Gazette, the notice may–

(b) fix the commencement by reference to the occurrence of an event (which, without limiting in any way the operation of this paragraph, includes the publication of the notice in the National Gazette),

(2) Where a statutory provision indicates that it is to come into operation in accordance with a notice in the National Gazette, one or more notices in accordance with Subsection (1) may be published in the National Gazette to provide for the commencement of various parts of the provision–

(3) Subject to the statutory provision concerned, a notice referred to in Subsection (1) or (2) shall not fix a date, time or event occurring earlier than the date of publication of the National Gazette in which the notice is published.

(4) Where in relation to a statutory provision a notice in the National Gazette fixes a particular date as the date on which that provision comes into operation but does not fix a time on that day, the provision comes into operation at the first moment of the day so fixed.

Where a statutory provision is expressed to come into operation on a particular day but does not fix a time on that day, it comes into operation at the first moment of that day.

Where a part of a statutory provision provides for the manner in which the provision is to be brought into operation, that part comes into operation–

(b) in the case of an instrument made under an Act–on the date on which the instrument is made.

A statutory provision does not adversely affect the rights of the State or bind the State unless–

(b) it appears by necessary implication that the State is bound by the provision.

Where a statutory provision confers a power or imposes a duty, the power may be exercised, or the duty shall be performed, as the case may be, from time to time as occasion requires.

(1) Where a statutory provision confers a power or function on the holder of an office as such, the power may be exercised, or the function shall be performed, as the case may be, by the holder (whether substantive or other) for the time being of the office.

(2) The exercise or performance of a power or function referred to in Subsection (1) does not cease to be effective by reason only of the fact that the holder of the office is later suspended from, or ceases to hold, the office.

Where a statutory provision confers power to do any act, matter or thing, the act, matter or thing may be done in relation to a limited period.

Where a statutory provision confers a power to make an instrument or decision (other than a decision of a court), the power includes power, exercisable in the same manner and subject to the same conditions (if any) to alter the instrument or decision.

(1) Where a statutory provision confers a power to make an appointment, the power includes power, subject to Subsection (2), to remove or suspend a person so appointed.

(2) The power provided for by Subsection (1) is exercisable only subject to any conditions to which the exercise of the original power of appointment was subject.

A court, Judge, justice, officer, commissioner, arbitrator or other person authorized by law to hear and determine or to review a matter has authority–

(a) confers powers or functions on a committee, board, commission or other statutory authority; and

(b) indicates that the powers or functions may be exercised by a quorum of less than the total number of members,

the powers or functions may be exercised in spite of any vacancy on the committee, board, commission or authority as long as–

(c) the number of members of the committee, board, commission or authority is not less than the number fixed for the quorum; and

(d) where the presence of a Chairman, Deputy Chairman or other specified member is necessary to constitute a valid meeting–there is such a Chairman, Deputy Chairman or other member appointed to the committee, board, commission or authority.

(1) Where a statutory provision requires or permits an act or thing to be done by more than two persons, a majority of them may do it.

(a) any case where a power, duty or function is conferred or imposed on persons jointly or collectively; and

In this Division, unless the context indicates otherwise, or some other meaning is clearly intended–

“delegation” means a delegation made by virtue of a power conferred by a statutory provision, and includes a sub-delegation made by virtue of such a power;

(a) no such delegation affects the exercise or performance of the power or function by the delegator; and

(b) in the case of a power or function of more than one person, a delegation by one of them does not affect the exercise or performance of the power or function by any of them.

A power of delegation that is expressed to be a power to delegate to “a person” does not of itself prevent a delegation being made in favour of two or more persons jointly.

A power or function may be the subject of more than one delegation (whether or not by the same delegator) at the one time.

(a) under a statutory provision the exercise of a power or function by a person is dependent on his opinion, belief or state of mind in relation to a matter; and

the power or function may be exercised by the delegate on his own opinion, belief or state of mind in relation to the matter.

No act, matter or thing done or suffered by a delegate is invalid or may be challenged or called into question by reason only of the fact that the delegate did not, in doing or suffering the act, matter or thing, describe himself as, or purport to be, a delegate.

(2) Without limiting in any way the operation of Subsection (1) a delegation may be limited–

Where an instrument conferring a delegation does not specify a territorial limitation in relation to which the delegated powers and functions may be exercised or performed, they may be exercised and performed in any place (whether inside or outside the country).

(1) In this section, “the intended time of commencement of the instrument” means–

(a) in the case of an instrument that provides that it is to come into operation on a specified date–that date; and

(b) at the intended time of commencement of the instrument the power or function is not a power or function of the person who signed the instrument (in this section called “the delegator”); and

(c) but for the absence of the power or function at that time the instrument would have been effective to delegate the power or function; and

(d) at a later date the power or function becomes the power or function of the delegator,

the instrument comes into operation in accordance with its terms at the time when the power or function becomes the power or function of the delegator.

(b) after the delegation is made the provision is amended or another provision is made in substitution for it,

the delegation is not revoked or superseded by reason only of the amendment or substitution but continues to operate as if–

(c) in the case of an amendment of the provision–it had been expressed to be a delegation of the power or function conferred by the provision in its amended form; and

(d) in the case of the substitution of a provision for another provision–it had been expressed to be a delegation of the power or function conferred by the substituted provision.

Where a power or function is delegated, a reference in any law to the delegator shall, in relation to the exercise or performance of the delegated power or function by the delegate, be read as including, as appropriate, a reference to the delegate.

Where under a statutory provision a person or authority is empowered to make an appointment, the appointment may be made by name or by office.

(2) Where a statutory provision confers power to make an appointment to an office and in respect of that office–

(iv) otherwise unable to perform, or not readily available to perform the duties of his office,

the power includes power, subject to Subsection (3), to appoint another person to act in the office.

(3) The power provided for by Subsection (2) is exercisable only subject to any conditions to which the exercise of the original power was or would be subject.

(4) An acting appointment may be made in anticipation of any of the circumstances specified in Subsection (2) and, unless it expires or is revoked, such an acting appointment continues to operate from time to time in accordance with its terms.

(a) a statutory provision prohibits the appointment of a person for a period that extends beyond the date on which he will attain a specified age; and

the appointment is a valid appointment in respect of the period that does not extend beyond that date.

A statutory provision that amends another statutory provision shall, unless the contrary intention appears, be construed with and as part of the amended provision.

Where a provision (in this section called “the amending law”) purports to amend another provision by omitting words or symbols, or both (with or without the substitution of other words or symbols), that are expressed in the amending law to occur a specified number of times but that in fact occur a greater number of times, the amending law amends the provision by omitting the words or symbols the number of times specified by the amending law commencing with the appropriate word or symbol first occurring in the provision.

(1) The Acts made by the Parliament in each secular year shall be numbered in regular arithmetical series, beginning with the number one, in the order in which they are certified.

(b) all rules of court made under Section 184 (rules of court) of the Constitution; and

in each secular year shall together be numbered in regular arithmetical series as “Statutory Instruments”, beginning with the number one, in the order, as far as practicable in which they are made.

(3) Subsection (2) does not apply to rules made under the Local Government Act or to any other instrument or class of instrument specified by the First Legislative Counsel by notice in the National Gazette.

(4) For the purposes of Subsection (1), a law is made by the Parliament in a particular secular year if it passes its third reading in that year.

(1A) A pre-Independence law may be cited in any manner in which it might have been cited immediately before Independence Day, followed by the word “(Adopted)”.

(2) An Imperial Act may be cited by its short title (if any) or by reference to the regnal year in which it was passed and its chapter.

(3) A law of another country (including an instrument made under an Imperial Act) may be cited in accordance with Subsection (1)(a) or (b), with the addition of words indicating the name of the country or jurisdiction.

(4) A law may be cited by reference to a Part, Division, Subdivision, section, subsection or other portion of the instrument that shows the text of that law.

(5) A reference for the purposes of Subsection (4) shall be made according to the copy of the text printed or purporting to be printed by the Government Printer or, in the case of a law of another country, by reference to the text printed or purporting to be printed–

(1) In this section, “statutory provision” includes a law of any other country.

(a) a statutory provision is referred to in another statutory provision or another document; and

(b) at any time (whether before or after the reference is made) the provision so referred to has been or is amended (whether on one or more occasions),

the reference shall be read as a reference to the provision as amended, or as last amended, as the case may be.

(a) a statutory provision is referred to in another statutory provision or another document; and

(b) at any later time the provision so referred to is repealed and re-made (with or without modification, and whether on one or more occasions),

the reference shall be read as a reference to the re-made or last re-made provision, as the case may be, and where such a re-made provision is amended (whether on one or more occasions) the reference shall be read as a reference to the provision as amended or last amended, as the case may be.

(a) in the case of a reference contained in a statutory provision, whether or not the reference is–

(ii) to the provision “as in force from time to time”, or words to a similar effect; and

(b) in the case of a provision the citation of which has been changed by a later provision to include the words “as amended”.

(5) A reference in a provision to another provision “as amended to date” shall be read, where the provision so referred to has been amended, as a reference to it in its amended form at the time when the provision containing the reference comes into operation.

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of the repealed provision, or anything duly done or suffered under the repealed provision; or

(d) affect any penalty, forfeiture, or punishment incurred in respect of an offence committed against the repealed provision; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,

and any such investigation, legal proceeding, or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may be imposed, as if the repeal had not been made.

(2) The repeal of a statutory provision that validated or continued in force any act, matter or thing does not affect the validation or continuance.

Where a statutory provision repeals another statutory provision and is to operate in place of the repealed provision, the repealed provision remains in force until the substituted provision comes into operation.

The repeal of a statutory provision by which another statutory provision was repealed does not, without express words, have the effect of reviving the last-mentioned provision.

The expiration of a statutory provision does not affect any civil or criminal proceeding previously commenced under the provision, but every such proceeding may be continued, and everything in relation to it be done, in all respects as if the provision continued in force.

A section of an Act has effect as a substantive enactment without introductory words.

Where an Act confers on a person or authority power to make an instrument (whether of a legislative nature or not) for a general purpose, and also for special purposes incidental to or included in those purposes, the enumeration of the special purposes shall not be deemed to derogate from the generality of the powers conferred with reference to the general purpose.

(2) Subject to Subsection (3), where an Act that is not to come into operation on the date of certification confers a power or function, the power or function may be exercised or performed at any time after the Act is certified.

(3) Without limiting the operation of Subsection (2), that subsection extends to the doing of any act, matter or thing (in this subsection called “the prior condition”) and to the doing of any other act, matter or thing that may only be done after completion of the prior condition.

(4) No act, matter or thing done or suffered by or under a power or function exercised or performed by virtue of Subsection (2) has any effect before the commencement of the Act unless–

(5) Without limiting in any way the operation of this section, where a corporation is established by an Act that is not to come into operation on certification the corporation may, after the certification of the Act and in accordance with any requirements of the Act–

(b) do or suffer anything related to the employment of its officers and employees (including, without limiting the operation of this paragraph, the payment to an officer or employee of the emoluments of his office or position).

references throughout the first-mentioned Act to “the Principal Act” shall be read as references to the other Act.

(a) to a regulation, without further identification, is a reference to a regulation made under that Act; and

(b) to “the regulations” is a reference to any regulations made under the Act.

PART IV. – RULES AND PRINCIPLES APPLICABLE ONLY TO LEGISLATIVE INSTRUMENTS.

A reference in this Part to a regulation, rule, by-law, proclamation or determination is a reference to a regulation, rule, by-law, proclamation or determination, as the case may be, made under an Act.

(1) The making of a regulation, rule or by-law, and the place where copies of it can be purchased, shall be notified in the National Gazette.

(2) A notification for the purposes of Subsection (1) shall be in a form approved by the First Legislative Counsel by notice in the National Gazette.

(1) Unless the contrary intention appears in the instrument, a regulation, rule or by-law comes into operation on the date of notification under Section 75(1).

(2) A regulation, rule or by-law shall not be expressed to take effect from a date before the date of notification under Section 75(1) in a case where, if it so took effect–

(a) the rights of a person (other than the State or an authority of the State) existing at the date of notification would be affected in a manner prejudicial to that person; or

(b) liabilities would be imposed on a person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of notification,

and any part of any regulation, rule or by-law that is made in contravention of this section is void and of no effect.

Expressions used in a legislative instrument made under a particular Act have, unless the contrary intention appears in the instrument, the same meanings as in the Act.

if it is done under or by virtue of, or in pursuance of, a legislative instrument made under any power contained in the Act.

A power conferred by a provision to make a legislative instrument includes the power to make such an instrument operating in part of the country only.

Where a legislative instrument indicates that it is made under a particular Act, references throughout the instrument to “the Act” shall be read as references to that Act.

(1) Where the long title of a regulation indicates that the regulation is intended–

references throughout the first-mentioned regulation to “the Principal Regulation” shall be read as references to the other regulation.

references throughout the first-mentioned rule to “the Principal Rule” shall be read as references to the other rule.

references throughout the first-mentioned by-law to “the Principal By-law” shall be read as references to the other by-law.

(4) Where the long title of a proclamation indicates that the proclamation is intended–

references throughout the first-mentioned proclamation to “the Principal Proclamation” shall be read as references to the other proclamation.

(5) Where the long title of a determination indicates that the determination is intended–

references throughout the first-mentioned determination to “the Principal Determination” shall be read as references to the other determination.

(1) Where a statutory provision requires that a legislative instrument specify a date for a particular purpose, the requirement is sufficiently complied with if the instrument specifies “the date of publication of this instrument in the National Gazette” (or words to a similar effect) and does not indicate a particular date.

(2) An instrument referred to in Subsection (1) may specify publication in a gazette, newspaper or journal other than the National Gazette.

Where a statutory provision requires or permits that a legislative instrument specify a period for a particular purpose, the instrument shall be deemed to have been made in accordance with the provision if the instrument fixes the period by reference to the happening of a specified event or during the continuance of a specified state of affairs.

(d) a rule made by a Local Government Council under the Local Government Act; or

(e) a subordinate enactment or class of subordinate enactments prescribed under Subsection (4).

(2) Where a law requires a legislative instrument to be published or notified in a gazette or other official publication of the National Government, a notice published in that gazette or other publication of the instrument having been made, and of the place where copies of it can be purchased, is sufficient compliance with that requirement.

(4) The Head of State, acting on advice, may make regulations declaring any subordinate enactments to be legislative instruments for the purposes of this section.

(1) Where the First Legislative Counsel thinks that notice of a legislative instrument that is required by any statutory provision to be published or notified in a gazette or other official publication of the National Government can properly and conveniently, and with due regard to the interests of the public, be given in some abbreviated form, he may authorize it to be notified in that form.

(2) A notification under Subsection (1) shall declare the place where copies of the instrument may be purchased or obtained.

(3) A notification under Subsection (1) shall be deemed to be publication or notification of the instrument.

“gazette” includes any official publication of the National Government, whether or not it is described as a gazette;

(i) requires or permits a person or authority to do or suffer any act, matter or thing by instrument in a gazette; or

(ii) otherwise indicates that the doing or suffering of an act, matter or thing by a person or authority is dependent on publication of a notice in a gazette; and

(b) the person or authority signs an instrument purporting to do or suffer the act, matter or thing; and

the act, matter or thing shall be deemed to have been done or suffered on the date of publication of the gazette containing those words, in accordance with the terms of the instrument.

(3) Where the instrument indicates that it is to come into operation at some time after publication in the gazette, the act, matter or thing shall be deemed to be done at that time.

(4) The act, matter or thing is not invalid and shall not be challenged or called into question by reason only of the fact that the words published in the gazette do not correspond exactly with the words of the instrument.

“gazette” includes any official publication of the National Government, whether or not it is described as a gazette;

(2) Where it appears to the person or authority who signed an instrument referred to in Section 89(2)(b) that the words published in the gazette do not correspond exactly with the words of the instrument, the person or authority may direct the Government Printer–

(3) Where an instrument is republished under Subsection (2), the previous purported publication of that instrument shall be disregarded for all purposes.

(1) Where a subordinate legislative enactment is disallowed under Section 116 (disallowance of subordinate laws) of the Constitution, no subordinate legislative enactment being the same in substance as the subordinate legislative enactment so disallowed shall be made within six months after the date of the disallowance, unless the decision of the Parliament to disallow is rescinded.

(2) A subordinate legislative enactment made in contravention of Subsection (1) is void and of no effect.

“the Boundary Agreement” means the Agreement between Australia and Indonesia concerning certain boundaries between Papua New Guinea and Indonesia signed at Jakarta on 12 February 1973, a copy of which was set out in Schedule 1 to the Indonesian Border Agreement Act 1973;

“meridian marker” means a marker established on the ground by the Australian and Indonesian Survey Authorities in the course of the survey of the border between Papua New Guinea and Indonesia carried out by those Authorities during the years 1966 and 1967.

(2) For the purposes of the description of the former Territory of Papua in Schedule 2, the meridian of longitude 141°01’ 10” east shall, in accordance with Article 1(c) of the Boundary Agreement, be deemed to lie along the geodesic lines successively linking the meridian markers situated at or about the following points, namely:–

(a) the point, latitude 6°53’ 27” south, longitude 141°01’ 10” east; and

(b) the point, latitude 7°49’ 19” south, longitude 141°01’ 10” east; and

(3) For the purposes of the description of the former Territory of New Guinea in Schedule 1 and of the description of the former Territory of Papua in Schedule 2, the meridian of longitude 141° east shall, in accordance with Article 1(a) of the Boundary Agreement, be deemed to lie along the geodesic lines successively linking the meridian markers situated at or about the following points, namely:–

(1) In this section, “law” means a law that, at the time when it was made, purported to be an Ordinance.

(2) Subject to this section, a law of a former Territory shall be cited or described as an Act.

(3) A law of a former Territory made before 1 July 1949 shall be cited or described as an Ordinance if and only if–

(a) another law or portion of another law of a former Territory made before 1 July 1949 purported to repeal the law and the repealing law or portion came into operation on or before 1 July 1949; or

(b) the law was not otherwise continued in force under the Papua New Guinea Act 1949 of Australia, as in force from time to time.

The citation of an enactment or subordinate enactment in a statutory provision or document shall be and be deemed always to have been a sufficient citation notwithstanding that–

(d) the word “Ordinance” is or was wrongly used in part of the citation instead of the word “Act”.

“gazette” includes any of official publication of the National Government, whether or not described as a gazette;

(2) Subject to Subsection (3), a form of words appearing in a gazette that appears to reproduce an instrument signed by a person or authority shall be presumed, until the contrary is shown, to correspond exactly with the words of the instrument.

(3) Where a corrigendum has been published in a gazette in relation to words appearing to reproduce an instrument, the words as corrected by the corrigendum shall be presumed, until the contrary is shown, to correspond exactly with the words of the instrument.

PART VI. – RULES AND PRINCIPLES APPLICABLE ONLY TO ADOPTED LAWS AND INSTRUMENTS .

In relation to anything done or to be done on or after Independence Day, where the expression “native” appears in an adopted law or in a document it shall be read as a reference to an automatic citizen.

The northeastern part of the island of New Guinea, the Bismarck Archipelago (comprising New Britain, New Ireland, New Hanover, the Admiralty Islands and outlying groups), the northern islands, Buka and Bougainville, of the Solomons Group and all other islands, contained within an area bounded by a line commencing at the intersection of the meridian 141° east longitude with the parallel 5° south latitude, thence bearing north along the said meridian 141° east longitude to its intersection with the equator, thence bearing east along the said equator to its intersection with the meridian 160° east longitude, thence bearing south along the said meridian 160° east longitude to its point of intersection with the parallel 4°50’ south latitude, thence bearing west along the said parallel 4°50’ south latitude to its intersection with the meridian 159° east longitude, thence bearing generally south westerly to a point which lies 6 nautical miles north 42° east true from Cape Friendship thence bearing generally southerly to a point which lies 4 nautical miles north 70°30’ east true from Cape Friendship, thence bearing generally south westerly to a point which lies 3 nautical miles south true from the southern point of the Peninsula which bounds the harbour of Tonolei on the east, thence bearing generally south westerly to a point which lies 3 nautical miles south true from Moila Point (previously shown as Komalei Point on German Admiralty Chart No. 100) thence bearing generally westerly to a point which lies 8 nautical miles south 69° west true from the aforesaid Moila Point, thence south westerly to the intersection of the meridian 154° east longitude with the parallel 8° south latitude thence continuing westerly along the said parallel 8° south latitude to its intersection with the meridian 147° east longitude thence generally north westerly to the point of intersection of the meridian 144° east longitude with the parallel 6° south latitude thence north westerly to the point of commencement.

1. The south-eastern part of the island of New Guinea contained within an area bounded by a line that commences at the intersection of the rhumb line that commences at a point 9°23’ south latitude, 140°52’ east longitude and terminates at a point 9°08’ 08” south latitude, 141°01’ 10” east longitude by the coastline at mean low water (or, if at any time that rhumb line is not intersected by the coastline at mean low water, by a line that commences at the intersection of the meridian 141°01’ 10” east longitude by the coastline at mean low water) and runs thence eastward along the coastline at mean low water as far as East Cape, thence north-westward along the coastline at mean low water as far as the parallel 8° south latitude in the neighbourhood of Mitre Rock, thence west along that parallel to the meridian 147° east longitude, thence in a north-westerly direction to the point of intersection of the parallel 6° south latitude and of the meridian 144° east longitude, thence in a west-north-westerly direction to the point of intersection of the parallel 5° south latitude and of the meridian 141° east longitude, thence south along that meridian to the most northerly intersection of that meridian with the Fly River, thence along the waterway of the Fly River to its most southerly intersection with the meridian 141°01’ 10” east longitude, thence south along that meridian to the point of commencement (or, if the point of commencement is not on that meridian, to a point 9°08’ 08” south latitude, 141°01’ 10” east longitude, thence south-westerly along the rhumb line previously mentioned to the point of commencement), together with the Trobriand, Woodlark, D’Entrecasteaux and Louisiade Groups of Islands and all other islands lying between the parallels 8° and 12° south latitude and between the meridian 141° and 155° east longitude and not forming part of the State of Queensland, and furthermore including all islands and reefs lying in the Gulf of Papua to the northward of the parallel 8° south latitude.

2. Pocklingon Reef Islands, being all of the islands lying between the parallels 10°30’ and 11° south latitude, and between the meridians 155° and 156° east longitude.

Papua New Guinea Consolidated Legislation

Interpretation Act 1975