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Wednesday, 4 May 1932

Mr LYONS - The estimated white population of New Guinea at 30th June, 1931, including children, was (a) males, 1,901; (b) females,808. Information is not available as to how many of these are children, but it is being obtained. It is known, however, that the number is small.

Mr.R. GREEN asked the Prime Minister, upon notice -

1.   Are ordinances or regulations issued in the Mandated Territory of New Guinea subject to the approval of theGovenor-General before becoming operative?

2.   Under what conditions is an Acting . Administrator empowered to issue ordinances and/or regulations?

3.   Are such ordinances and/or regulations issuedby an Acting Administrator subject to the approval of the Administrator before becoming operative; if not, is the Administrator obliged to accept such ordinances even though not consulted?

4.   Were the Police Force Regulations made by the Acting Administrator on 18thDecember,1931, approved by the Administrator, or had the Administrator no optionbut to accept them ?

5.   Will the Government order that no ordinances or regulations he issued in the territory without the prior approval of the Administrator except in cases of extreme urgency arising during the Administrator's absence?

6.   Why were not the Police Force Regulations of 18th December, 1931, made by the Administrator? If he was absent from the Territory, what urgent reasons necessitated their making during his absence?

Mr LYONS - The answers to the honorable member's questions are as follow : - 1, 2 and 3. All ordinances for the territory are made by the Governor-General pursuant to section14 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 GovernorGeneral may, pursuant to section9 of the New Guinea Act 1920-1926, appoint a person to act in the office of Administrator and to administer the government of the territory during any vacancy in the office of Administrator or when the Administrator is absent 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 regulations made by an Acting Administrator pursuant to power conferred upon the Administrator by any ordinance are therefore of the same force and effect as regulations made by the Administrator. 4 and6. A draft of regulations to be issued under the Police Force Ordinance had been approved by the Administrator and referred to the Crown Law Officer of the territory prior to the departure of the Administrator from the Territory in September, 1931, on leave of absence. The regulations were made by the Acting Administrator on18th December, 1931, in the ordinary course of administration. The Administrator did not return to the territory until January, 1932.

5.   It is not considered that any circumstances have arisen which make it necessary or desirable to restrict the powers exercisable by an Acting Administrator in relation to the making of regulations.

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