N.G. Police Regulations.
p. 39 · Read in the full issue
A SERIES of questions relating to the issue of ordinances generally in New Guinea, and dealing particu larly with the Police Force Regulations made by the Acting-Administrator on December 18, 1931, were asked in the Commonwealth Parliament on May 4 by Mr. R. Green.
Mr. Green wanted to know if ordin ances and regulations made by an Act ing-Administrator must necessarily be accepted by the Administrator on his return. Had the Administrator no op tion but to accept the Police Force Re gulations issued in his absence?
The Prime Minister replied in the following terms: All ordinances for the territory are made by the Governor-General pursuant to section 14 of the New Guinea Act 1920-1926. Regulations under an ordinance are made by the Governor- General or by the Administrator according to Whether the ordinance so provides. Regulations made by the Administrator pursuant to the power conferred upon him by any ordinance take effect from the date of their publication in the New Guinea Gazette, unless some other
date is specified in the regulations, but they are subject to disallowance by the Governor-General.
The Governor-General may, pursuant to sec tion 9 of the New Guinea Act 1920-1926, ap point a person to act in the office of Adminis trator and to administer the government of the territory during any vacancy in the office of Administrator or when the Administrator is ab sent from the territory or unable, by reasons of illness or incapacity, to perform his duties; and such person who so administers shall have and may exercise and perform all the powers and functions of the Administrator. Any regu lations made by an Acting Administrator pur suant to power conferred upon the Administrator by any ordinance are therefore of the same force and effect as regulations made by the Administrator.
A draft of regulations to be issued under the Police Force Ordinance had been approved by the Administrator and refened to the Crown Law Officer of the territory prior to the de parture of the Administrator from the Terri tory in September, 1931, on leave of absence.
The regulations were made by the Acting Ad ministrator on December 18, 1931, in the ordin ary course of administration. The Administra tor did not return to the territory until January, 1932.
It is not considered that any circumstances have arisen which make it necessary or desir able to restrict the powers exercisable by an Acting Administrator in relation to the making of regulations.