In this Act, unless the contrary intention appears "court" includes any court or person acting judicially in, or for purposes of or connected with, the country.
Customs Recognition Act (Chapter 19)
| Coming into Force | 01 January 1963 |
| Published date | 24 October 1963 |
| Revision Date | 01 October 2021 |
| Year | 1963 |
| Type of Document | Historic Legislation |
INDEPENDENT STATE OF PAPUA NEW GUINEA.
CHAPTER No. 19.
Customs Recognition Act.
Being an Act relating to the determination and recognition of
custom.
(1) Subject to this section, questions of the existence and nature of custom in relation to a matter, and its application in or relevance to any particular circumstances, shall be ascertained as though they were matters of fact.
(2) In considering a question referred to in Subsection (1), a court—
(a) is not bound to observe strict legal procedure or apply technical rules of evidence; and
(b) shall—
(i) admit and consider such relevant evidence as is available (including hearsay evidence and expressions of opinion); and
(ii) otherwise inform itself as it thinks proper.
(3) For the purposes of the decision on a question referred to in Subsection (1) a court may—
(a) refer to books, treatises, reports or other works of reference, or statements by Local Government Councils or committees of Local Government Councils (whether published or not); and
(b) accept any matter or thing stated in such works as evidence on the question; and
(c) of its own motion, call such evidence or require the opinions of such persons as it thinks fit,
but this subsection does not limit in any way the discretion of the court in obtaining evidence or informing itself on the question.
(4) Notwithstanding Subsection (1), where an appeal is made from a decision of a court, the court that hears the appeal may consider de novo a question referred to in that subsection that arises in the appeal.
(1) Subject to this Act, custom shall be recognized and enforced by, and may be pleaded in, all courts except so far as in a particular case or in a particular context—
(a) its recognition or enforcement would result, in the opinion of...
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