Inter-group Fighting Act (Chapter 344)

Coming into Force29 December 1977
Published date29 December 1977
Revision Date01 October 2021
Year1977
Type of DocumentHistoric Legislation
Inter-group Fighting Act (Chapter 344)

At the date of publication of this Infobase (18), the Amendment had not commenced.

[Inter-group Fighting Act (Chapter 344) consolidated to No 17 of 1995]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 344.

Inter-group Fighting Act.

Being an Act to provide for—

(a) the suppression of fighting between groups; and

(b) the creation of offences in relation to inter-group fighting,

and for related purposes.

PART I.—PRELIMINARY.
1 Interpretation.

In this Act unless the contrary intention appears—

"Chairman" means the Chairman of a Committee;

"Committee" means a Peace and Good Order Committee established by Section 5(1);

"group" or "group of persons" means a traditional kinship or other customary, social or community group, and includes—

(a) a family; and

(b) an extended family; and

(c) a sub-clan; and

(d) a clan; and

(e) a moiety; and

(f) a tribe; and

(g) any other group of persons recognized by custom as having a common interest in a dispute;

"inter-group fight" is an inter-group fight within the meaning of Section 11(1);

"Magistrate" means a District Court Magistrate or a person appointed under Section 23(2) to be a Magistrate for the purposes of this Act;

"officer" means a District Officer, a member of the Police Force or a Village Peace Officer;

"province" includes the National Capital District;

"this Act" includes the regulations made under this Act.

2 Purpose of this Act.

The purpose of this Act is to discourage fighting between groups of Papua New Guineans by providing for—

(a) the creation of offences in relation to such fighting; and

(b) the imposition of severe

penalties for such offences; and

(c) the collective punishment of the leaders of groups involved in fighting; and

(d) the imprisonment of group leaders for non-payment of penalties imposed on them as a result of their group's participation in such fighting.

3 Non-derogation of other provisions.

The provisions of this Act are in addition to, and not in derogation or amendment of, the provisions of any other law.

4 Application.

(1) Subject to Subsections (2), (5) and (6), where the Peace and Good Order Committee for a province is satisfied that it is desirable in the interest of the preservation of peace and public order to do so, it may declare that the provisions of this Act apply and have full force and effect throughout the province or in such part of the province and for such period not exceeding three months, as it considers necessary to achieve the purpose of this Act and those provisions apply and have full force and effect accordingly.

(2) A declaration under Subsection (1) may be renewed by the Committee at any time for periods each not exceeding three months.

(3) A declaration under Subsection (1) or a renewal under Subsection (2) of a declaration shall come into effect immediately it is made or renewed, but as soon as practicable after it is so made or renewed shall be published in the National Gazette and shall be given such publicity in the area to which it relates as the Committee considers is the most practicable means available in the circumstances to bring the fact of the declaration or renewal, as the case may be, to the notice of the people of that area.

(4) Failure to comply with the requirements of Subsection (3) or with those requirements within a particular time, does not make the declaration or renewal invalid.

(5) The Committee may at any time, and shall, within three days of receiving a direction to do so from the Minister, revoke a declaration under Subsection (1) or a renewal of a notice under Subsection (2) and shall, as soon as practicable after the revocation, cause a notice of the revocation to be published in the National Gazette.

(6) Parts I, II and III and Sections 21, 23, 24 and 25 apply in all areas of Papua New Guinea.

(7) The provisions of this Act do not apply except as provided by this section.

PART II.—PEACE AND GOOD ORDER COMMITTEE.
5 Peace and Good Order Committee.

(1) There is established in each province a Committee to be known as the Peace and Good Order Committee.

(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.

(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.

6 Deputy Chairman.

(1) The Deputy Chairman of a Committee shall be—

(a) in the case of a Committee under Section 5(2)—the person appointed under Section 5(2)(c); and

(b) in the case of the Committee under Section 5(3)—the person appointed under Section 5(3)(b).

(2) The Deputy Chairman shall have all the powers and functions of the Chairman during the absence or inability to act of the Chairman.

7 Meetings of Committees.

(1) A Committee shall meet at such times and places, as in the opinion of the Chairman, are necessary for the efficient conduct of its affairs.

(2) At a meeting of the Committee—

(a) a quorum—

(i) under Section 5(2)—is three; and

(ii) under Section 5(3)—is two; and

(b) the Chairman, or in his absence the Deputy Chairman, shall preside; and

(c) questions arising shall be decided by a majority of the votes of the members present and voting; and

(d) the person presiding has a deliberative and, in the event of an equality of votes on a matter, also a casting vote.

(3) A Committee shall cause minutes of its meetings to be kept.

(4) The exercise or the performance of any function of a Committee shall not be invalidated by reason only of a vacancy in the office of a member of the Committee.

(5)...

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