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Provincial Governments and Local-level Governments (Consequential Amendments) Act 1995

PAPUA NEW GUINEA

Provincial Governments and Local-level Governments (Consequential Amendments) Act 1995

No. 17 of 1995
Certified on: 19.07.95

ARRANGEMENT OF SECTIONS
PART I. - INTERPRETATION ACT (CHAPTER 2).

1. Amendments of the Interpretation Act (Chapter 2).

PART II. - THE LOCAL GOVERNMENT SERVICE ACT (CHAPTER 58).

2. Suspension of certain provisions of the Local Government Service Act (Chapter 58).

PART III. - INTER-GROUP FIGHTING ACT (CHAPTER 344).

3. Amendment of Section 5 of the Inter-Group Fighting Act (Chapter 344).

PART IV. - PEACE AND GOOD ORDER ACT 1991.

4. Amendment of Section 5 of the Peace and Good Order Act 1991.

PART V. - VILLAGE COURTS ACT 1989.

5. Amendment of Section 1 of the Village Courts Act 1989.

AN ACT

entitled

Provincial Governments and Local-level Governments (Consequential Amendments) Act 1995,

Being an Act to amend various Acts as a consequence of the enactment of the Organic Law on Provincial Governments and Local-level Governments,

MADE by the National Parliament to come into operation in accordance with the coming into operation of the Organic Law on Provincial Governments and Local-level Governments.

PART I. - AMENDMENTS TO THE INTERPRETATION ACT (CHAPTER 2)

1. AMENDMENTS OF THE INTERPRETATION ACT (CHAPTER 2)

Section 3(1) of the Interpretation Act is amended by inserting each of the following new definitions in its appropriate alphabetical order:-

"'District Administrator' means a District Administrator appointed under Section 73(3) of the Organic Law on Provincial Governments and Local-level Governments;
'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;
'local-level law' means a law made by a Local-level Government under the Organic Law on Provincial Governments and Local-level Governments;
'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;
'National Investigation Committee' means the National Investigation Committee established by Section 61 of the Organic Law on Provincial Governments and Local-level Governments;
'Provincial Administrator' means a Provincial Administrator appointed under Section 73(2) of the Organic Law on Provincial Governments and Local-level Governments;
'Provincial Auditor' means a Provincial Auditor appointed under Section 113(2) of the Organic Law on Provincial Governments and Local-level Governments;
'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;
'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;
'Provincial Governor' means a person holding office as Provincial Governor under the Organic Law on Provincial Governments and Local-level Governments.

PART II. - THE LOCAL GOVERNMENT SERVICE ACT (CHAPTER 58).

2. SUSPENSION OF CERTAIN PROVISIONS OF THE LOCAL GOVERNMENT SERVICE ACT (CHAPTER 58).

The provisions of the Local Government Service Act (Chapter 58) and Regulations made thereunder, other than provisions relating to, and necessary to the operation of, the Local Government Service Benefits Fund, are hereby suspended from operation.

PART III. - INTER-GROUP FIGHTING ACT (CHAPTER 344).

3. AMENDMENT OF SECTION 5 OF THE INTER-GROUP FIGHTING ACT (CHAPTER 344).

Section 5 of the Inter-Group Fighting Act (Chapter 344) is amended -

(a) by repealing Subsection (2) and replacing it with the following:-

• "(2) Subject to Subsection (3), each Committee consists of -
  • (a) the Provincial Governor, who shall be the Chairman; and
  • (b) a Member of the National Parliament representing an electorate in the province, being a person other than the Provincial Governor appointed by the Provincial Executive; and
  • (c) the officer for the time being in charge of the Police Force in the province or his nominee; and
  • (d) the Provincial Administrator; and
  • (e) a Senior District Court Magistrate residing in the province nominated by the Chief Magistrate."; and

(b) by repealing Subsection (3) and replacing it with the following:-

• "(3) In the case of the National Capital District, the Committee consists of -
  • (a) the Provincial Governor; and
  • (b) the officer for the time being in charge of the Police Force in the National Capital District; and
  • (c) the Provincial Administrator; and
  • (d) the Departmental Head of the Department of the Prime Minister and National Executive Council.".

PART IV. - PEACE AND GOOD ORDER ACT 1991.

4. AMENDMENT OF SECTION 5 OF THE PEACE AND GOOD ORDER ACT 1991.

Section 5(1) of the Peace and Good Order Act 1991 is amended -

(a) by repealing Paragraph (c) and replacing it with the following:-

• "(c) the Provincial Administrator of the province or of the National Capital District;"; and

(b) by repealing Paragraph (d) and replacing it with the following:-

• "(d) the Provincial Governor of the province or of the National Capital. District.".

PART V. - VILLAGE COURTS ACT 1989.

5. AMENDMENT OF SECTION 1 OF THE VILLAGE COURTS ACT 1989.

Section 1 of the Village Courts Act 1989 is amended in the definition of "Provincial Minister" by inserting after the words "Minister of the Provincial Government" the following:-

"or person or Committee of the Provincial Government".

I hereby certify that the above is a fair print of the Provincial Governments and Local-level Governments (Consequential Amendments) Act 1995 which has been made by the National Parliament.

Clerk of the National Parliament,

I hereby certify that the Provincial Governments and Local-level Governments (Consequential Amendments) Act 1995 was made by the National Parliament on 29 June 1995.

Speaker of the National Parliament.