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Summary Offences, Report 1 [1975] PGLawRComm 2 (1 September 1975)

LAW REFORM COMMISSION OF

PAPUA NEW GUINEA

REPORT ON SUMMARY OFFENCES

(REPORT NO. 1)

SEPTEMBER 1975

The Law Reform Commission of Papua New Guinea was established by the Law Reform Commission Act 1975 and. began functioning in May 1975.

The Commissioners are -

Nicholas O’Neill is Secretary to the Commission

The Commission’s off ice is on the ground floor of the Development Bank Building in Waigani.

The postal address of the Commission is –
Law Reform Commission,
P.O. Wards Strip,
Papua New Guinea.
Telephone: 258755/25894

September 1975.

The Honourable N. Ebia Olewale, M .P.,
Minister for Justice.

Sir,

In your reference dated 10th June 1975, you asked us to enquire into and report to you as soon as possible on the appropriate means of restating and modernizing the law relating to Summary Offences.

We now submit to you our report.

Yours faithfully,

PREFACE

On 10th June 1975 the Minister for Justice issued the
Commission with t h e following reference –

I, N . Ebia OlewaZe, M .H, A.., Minister for Justice, by virtue of the powers conferred on me by Section 9 of the Law Reform Commission Act 1975 and all other powers me enabling refer the following matter to the Law Reform Commission for inquiry and report-

Having regard to

(a) the fact that t there are separate Police Offences Acts for Papua and New Guinea and that it is desirable to have uniform laws throughout Papua New Guinea whenever possible, and

(b) the fact that many of the offences in the Police Offences Act are irrelevant to Papua New Guinean conditions and are stated in archaic forms, and

(c) the fact that it is desirable that the Law relating to Summary Offences should be restated in easily understood terms and made relevant to our country's needs.

Enquire into and report to me as soon as possible ac to the appropriate legislative means for restating and modernising the law relating to Summary Offences.

In response to the Minister's request for a report on this reference as soon as possible the Commission issued a working draft of the Summary Offences Bill on 4th July 1975.
The working draft was sent to all Ministers and departmental heads, the judges, all full- time magistrates, senior government lawyers, all district commissioners, the Law Society, members of the Faculty of Law, persons responsible for magistrate training, church leaders and other people known to have an interest in la w reform.

The public was advised through the National Broadcasting Commission and the Post Courier that copies of the working draft were available and we were pleased with the response.

The Commission requested that comments be in by 8th August 1975. Comments were received from the following –

These comments were considered by both a working party convened to assist the Commission and the Commission itself.

The working party comprised –

After receiving the report of the working party and considering the comments submitted, we settled the final draft of the Bill and wrote this report.

We wish to thank those people who submitted comments or joined us on the working party for their very considerable assistance.

SUMMARY OF RECOMMENDATIONS

1. We recommend the enactment of a Summary Offences Bill to take the place of the Police Offences Acts of Papua and New Guinea and the Vagrancy Act of Papua.
( ch. l p. 6)

2. We recommend that magistrates be empowered to order the payment of compensation or the repair of damaged property by persons convicted of certain summary offences.
(ch. l p.6 and Ch . 6 p. 20)

3. We recommend that drunkenness itself not be a punishable offence, but that police should be able to arrest and hold drunks for up to 12 hours, to prevent the drunk from harming himself or others.
(Ch. 2 p. 9)

4. We recommend that those who are drunk and disorderly in a public place should continue to be charged as offenders, and further recommend that the courts order medical treatment for persons continually convicted of this offence.
(Ch. 2p.9)

5. We recommend the creation of new offences of assault, provoking a breach of the peace, intending to fight, inciting a fight and fighting. These offences will give the police broader powers than they had under earlier Acts to control fights and to stop them before they begin.
(Ch .3 p.20)

6. We recommend restating the offence of carrying weapons to make it clear that axes, knives and similar items are offensive weapons only when intended for use as such.
(Ch. 3p. 20)

7. We recommend a detailed procedure to help the police and courts administer the offence of being in possession of goods reasonably suspected of having been stolen.
(Ch.3p.20)

8. We recommend having different standards of proof for the offence of being in possession of house-breaking implements, depending on whether the offender is
caught in the daytime or night- time.
(Ch. 3 p. l)

9. We recommend passage of a new offence of being habitually in the company of thieves.
(Ch. 3 p.20)

10. We recommend that the offence of escaping from lawful custody be included in the Summary Offences Bill and that the Criminal Law (Escapes) Act 1968 be repealed.
(Ch. 3 p. l0)

11. We recommend restating the offence of indecent exposure to suit the climate and customs of Papua New Guinea.
(ch. 3 p.29)

12. We recommend that artistic or cultural merit be a defence to a charge of indecent writing or drawing.
(ch.3p.10)

13. We recommend that a number of vagrancy offences (such as loitering with intent to commit an indictable offence and being unlawfully on private premises) be retained, but that the offence of being without visible or lawful means of support be omitted from the Summary Offences Bill.
(ch.4 p.231)

14. We recommend that licensees who permit fights and disturbances on their premises be chargeable with an offence.
(ch. 5p.18)

15. We recommend that fireworks be outlawed, except on occasions approved by a District Commissioner.
(ch. 5p.18)

16. We recommend that the Minister be empowered to prohibit speed boating and water skiing in areas where these sports create danger and discomfort to others.
(ch. 5p.18)

17. We recommend that anti-litter and anti-rubbish dumping rules be left up to councils and we have, therefore, omitted them from the Summary Offences Bill.
(ch.5p.18)

18. We recommend that police be empowered to charge persons who throw or break glass in a public place and then refuse to pick it up.
(Ch .5p. 181)

19. We do not recommend that making noise at night be a punishable offence.
(Ch. 5p. 18)

20. We recommend that the punishment for damaging or defacing property include an order to repair the property or pay compensation, as well as a fine or jail.
(Ch. 2 p. 6 and Ch. 6 p.20)

21. We recommend that casting boats a drift and interfering with boats be offences.
(Ch. 6 p.20)

22. We recommend passage of a new offence - negligent use of fire – to replace the complicated provisions of the Native Regulations.
(Ch .6p.20)

23. We recommend that the offence of damaging property be restated to include village trees, gardens and crops.
(Ch. 6p.20)

24. We recommend that anti-gaming and anti-betting offences be consolidated in the Summary Offences Bill, and that the Bead of State and Parliament together be empowered to declare certain games unlawful.
(Ch.7 p.22)

25. We recommend that laws relating to prostitution be made uniform for both Papua and New Guinea, by including in the Summary Offences Bill the offences of living off the money made by prostitutes, managing a brothel and owning a house used as a brothel.
(ch.8p. 22)

26. We recommend that soliciting by common prostitutes in public places not be an offence under the Summary Offences Bill, because the police have the power to deal with this problem under section18 of the Public Order Act.
(Ch. 8 p. 22)

27. We recommend that the offence of obstructing a policeman in his work be transferred from the Public Order Act to the Summary Offences Bill.
(Ch. 9p.23

28. We recommend creation of a new summary offence, assaulting a policeman who is doing his work, but we further recommend that the reasonable belief that the victim was not a policeman doing his work be a defence to this offence.
(Ch.9 p. 23)

29. We recommend that the police be empowered to prosecute anyone who causes them to undertake an investigation when he knows no offence has occurred.
(Ch.9 p.23)

30. We recommend that no charge for an offence under the Bill be laid more than six months after commission of the offence.
(Ch. 20 p.24)

31. We recommend that provisions for appointment of special constables not be included in the Summary Offences Bill, as they are covered by the Police Force (Interim Arrangements) Act 1973.
(Ch. l0 p. 24)

32. We recommend that no provision be made for detaining or jailing witnesses in criminal cases. (Ch.l0 p. 24)

CHAPTER 1

INTRODUCTION

Traditional Laws

Our traditional societies have many social controls which enable the people to live together in harmony. These traditional rules are not written down; they are not taught
in the schools. The people learn them as they grow up by watching and listening to their parents, to the village elders and to the older people in the village. They grow up knowing
what is right and what is wrong. They grow up knowing what will happen to them if they break the rules of their society.

However, now more and more people are beginning to move away from those traditional societies where everyone knows the rules. More and more people are moving into towns and living amongst strangers who were brought up to follow different rules.
What one man may think is right his next door neighbour may think is wrong and disputes can flare up.

Laws such as the Police Offences Acts of Papua and New Guinea were written as far back as 1912 and 1925 to try to deal with this situation. However, they were adopted practically unchanged from countries whose culture is very different from our own. Furthermore, the situation in Papua New Guinea today is very different from the one which existed when these laws were first brought into effect.

There is then a definite need for these laws to be updated and made more appropriate to the Papua New Guinea situation.
These new rules will help our people to live together harmoniously in the Papua New Guinea of today.

Instead of learning these new rules automatically as they grow up, the people must be taught about these rules. Instead of having other people in the village looking out for those who break the rules, the town people have policemen to catch the
wrongdoers and keep the peace. Instead of having big-men or village elders to decide what must be done with those who go against the law, the people in the towns have magistrates and judges in the courts to settle disputes and decide on proper punishments.

Care must be taken that these new rules are written very carefully to include only those offences which most of the Papua New Guinea people think are wrong. Care must also be taken to limit the powers of the policemen and the courts and protect the rights of the people.

Summary Offences Laws

The laws handling those kinds of minor criminal behaviour which makes it hard for people in the community to live together in harmony are called summary offences laws.
Examples of some summary offences are being drunk and disorderly, fighting, damaging the property belonging to others and obstructing the police. Those who break the summary offences laws are dealt with by magistrates in the Local and District Courts.

At present these laws are found in the separate Police Offences Acts of Papua and New Guinea, in the Vagrancy Act of Papua and in the Criminal Code and in many other Acts.

We recommend that the Police Offences Acts of Papua and New Guinea and the Vagrancy Act of Papua be replaced by the Summary Offences Bill attached to this report. This Bill leaves out many of the offences that are irrelevant to our society and includes some new offences to suit our country's needs. In the Appendix we set out the Police Offences Acts of Papua and New Guinea and the Vagrancy Act of Papua and show which sections have been restated in the Summary Offences Bill, covered by other laws or omitted.

The Summary Offences Bill does not include the summary offences which are set out in the Criminal Code. These will be considered when we review the Criminal Code.

The Bill also does not contain the many hundreds of summary offences contained in the Public Order Act, the Customs Act and other Acts. Since these summary offences are particularly related to the subject matter contained in these Acts we feel it best that they be left there. The exception is section 20 of the Public Order Act which we have included as clause 60 of this Bill.

Compensation

Throughout the Bill, we have included special provisions for the payment of compensation to a person if he is injured or his property is damaged. Examples of these are found in clause 6, Assault and in clauses 60 and 61 which deal with hindering or
assaulting policemen acting in the course of their duties.

For a number of offences such as damaging or defacing property belonging to others, we recommend that the courts be given the power to order the wrongdoer to restore the property he damaged to its former condition. If he fails to do this the courts should be able to order him to pay another fine.

We hope that the courts will consider ordering compensation instead of a fine or imprisonment inappropriate cases. In line with the need to provide judges and
magistrates with a far wider range of penalties than is presently available to them, we are developing proposals for new forms of sentencing in which compensation will play a
far greater role.

At present our Local and District Courts particularly in Port Moresby are clogged with cases. If drunkenness becomes no longer a court matter, then there would be a reduction of about 150 cases per month in the Port Moresby courts and the families of these drunks would not have to suffer more because of fines and imprisonment.

In our working draft on the Summary Offences Bill we also suggested that the courts be given the power to help families by ordering the employer of a constant offender to pay a certain amount of money into a bank account for the wife to use for herself and the children. However, judging from the submissions we received, we need more time to consider any definite suggestions along these lines.

CHAPTER 2

DRUNKENNESS

Many people are worried about the problem of drunkenness in Papua Mew Guinea. Some men drink too much and get into trouble and fight. Others spend too much of their pay on
strong drink and their wives and children are left with no money for food and clothes and school.

However, while drunkenness is a problem, we cannot solve it by treating a person who is drunk as a criminal. Arresting the drunk, taking him to court and putting him in jail does
not help him to solve his problems and it costs the government a lot of money to deal with him this way.

We recommend that drunks be divided into two groups - those who are drunk and disorderly and those who are drunk but do not make trouble.

Those who are drunk and disorderly in a public place and who fight and cause trouble should continue to be arrested and taken to courts. Clause 5, however, is intended t o encourage the courts to help those who are constantly charged with this offence. Many of these people have drink problems and need medical attention and other similar help rather than punishment in the form of a fine or imprisonment.

Furthermore, if the drunk is ordered to pay a fine this leaves even less money for his wife and family. If he is imprisoned, he may lose his job and this makes it even harder for his family.

Drunks who don't cause trouble should not be charged with an offence. However, a man who is so drunk that he cannot control himself or even walk properly is a danger to himself, other people on the street and motorists. He cannot protect himself if rascals decide to beat him, cut him or rob him. He may fall o the pavement or in the street and hurt himself or cause an accident. The police should have the power to arrest
these drunks and put them in a safe place until they are sober enough to find their own way home. However, they must be released within 12 hours. The police already have some special cells in Boroko for handling drunks. Our consultations with the police make us confident that steps will be taken to ensure that this system will not be abused.

This way of treating drunks does not mean that the community approves of drunkenness, but that it does try to understand and help people who get themselves drunk.

In Port Moresby alone between January and July of this year more than 1,000 people were taken to court for drunkenness. If drunkenness were handled in the way we suggest, it would save the police a lot of time and paperwork. It would also save magistrates a lot of time if they didn't have to hear these cases. They will then have more time t o hear more serious cases.

CHAPTER 3

PROTECTION OF PERSONS

Part III of the Bill deals with protection of persons. It contains the assault, offensive behaviour, false pretences and vagrancy offences as well as some new offences relating to fighting.

The offence of assault in clause 6 replaces the old offences of unlawfully strike and unlawfully lay hold of, but it goes further by making it an offence to threaten to strike a person in certain circumstances. The definition of assault is, taken from the Criminal Code but we consider that the definition in the Summary Offences Bill should include the word "sound".

The offence of assault (clause 6), provoking a breach of the peace (clause7), intending to fight (clause B), inciting to fight (clause 9) and fighting (clause10) all replace the old offence of behaving in a riotous manner.

The offences of intending to fight, inciting to fight and fighting are recommended basically t o help the police control inter-group fighting. The offences of intending and inciting to fight would allow the police to step in before a fight starts and arrest a person who is trying to get other people to fight. At present the police have to wait until after a fight starts before they can make arrests.

It should be noted, however, that these offences are not limited to dealing with inter- group fighting but will also apply to fights which break out in the streets and which are likely to injure other people or their property.

The offences of making false reports (clause 11), adding to food and drink (clause13), passing valueless cheques (clause14) and false pretences (clause 15) are restatements
of present offences.

The offence of carrying weapons (clause12) has been restated to make it clearer that certain things are offensive weapons only at certain times. For example, when a man is carrying his axe out to his garden, it is not an offensive weapon. However, when he is running with his axe towards a fight, then it becomes an offensive weapon because it is obvious that he intends to use it to injure someone.

The offence of being in possession of goods reasonably suspected of having been stolen (clause16) is an anti -vagrancy offence. It is used when the police cannot prove that a person has actually been involved in stealing or receiving stolen property but they have reasonable grounds to believe that he was involved and that he has stolen goods in his possession.

The courts do not use the normal procedure in handling this offence. At present the police do not have to prove all the elements of the offence. Instead, once the police show that the accused is in possession of goods that are reasonably suspected of having been stolen, the accused must give a good account of himself. If he fails to do so he is found guilty of an offence.

This offence is difficult for the police and courts to administer and mistakes have been made with it in the past. For this reason we have taken the unusual step of setting out in detail the procedure to be followed by the police and the courts when administering this offence.

The offence dealing with disguises (clause17) has been modernised. At the same time the offence of being in possession of house-breaking implements (clause18) has been changed so that there are different standards of proof required by the police if they catch a person for this offence in the daytime or in the night-time. These two offences are to assist the police when they catch someone "red handed" about to break into a house or store.

The offences of loitering with intent to commit an indictable offence (clause19) and being unlawfully on premises (clause 20) go together. They exist to help the police in crime prevention because they allow the police to arrest a person who is acting very suspiciously, in the case of loitering when he is in a public place and, in the case of being unlawfully on premises, when he is on private property.

To help the police further in their crime prevention work we recommend the creation of a new offence for Papua New Guinea of being habitually in the company of thieves (clause 21). In some countries the police have squads who keep watch on the regular meeting places of known criminals in order to prevent planned offences and to help solve crimes that were committed.

The new offence will allow our police to arrest known criminals who are constantly seen together and other people without criminal records who are always in their company and bring them before a District Court. After investigating the matter the District Court magistrate can warn these people not to mix together. If they are caught together again then they will be guilty of an offence.

By the use of this offence it would be possible for the police, if they had a squad for this purpose to break up the gangs of young people in Port Moresby and in other urban areas who are said to be responsible for much of the breaking, entering and stealing that occurs in these areas.

Clause 22 creates the offence of escaping from lawful custody and replaces the Criminal Law (Escapes) Act 1968.

The offence of indecent exposure (clause 23) has been restated to fit conditions in Papua New Guinea. In our hot country people do not need to wear many clothes. It is the custom in many places for women not to cover their breasts and in some places for men to wear little more than penis gourds. This clause is meant to ensure that people dressed according to their custom are not guilty of an offence unless they are so dressed with the intention of insulting or offending public decency.

The offence of indecent writing (clause 24) is aimed against those persons who write obscene words or slogans on walls, pavements and other surfaces in or near public places.
Pornographic literature is controlled by other means. It is a prohibited import under the Customs (Prohibited Imports) Regulations 1973. A Censorship Board of Papua New Guineans has the power to decide whether literature is indecent or obscene and thus a prohibited import. It is also an offence under section 232 of the Criminal Code to try to sell obscene books, etc.

The offence of indecent drawings etc. (clause 25) has been restated. The drawings, etchings, paintings, photographs and sculptures must grossly offend against accepted standards of public decency before an offence is committed. In order to ensure that drawings etc. of cultural or artistic value are not suppressed under this clause, we have recommended the inclusion of a defence. If the person accused of displaying an offensive object proves that the object has artistic or cultural merit then he will be acquitted. We also recommend that both the prosecution and the defence be allowed to call witnesses to give evidence as to this defence.

The working draft of the Bill which we circulated included the offence of offensive behaviour which has now been effectively incorporated in clause7. The working draft also included the offence of causing fear and alarm. This offence was originally included to deal with inter- group fighting. However it became clear to us that it would be used in many other circumstances and that it could be used to outlaw behaviour which at the moment is not considered criminal and which we do not consider should be treated as criminal. For these reasons we do not recommend the inclusion of that new offence.

CHAPTER 4

VAGRANCY

Vagrancy laws were first developed in England beginning in 1349 to deal with wandering gangs of criminals and beggars.
In Ledwith -v- Roberts [1937] 1KB 232 Lord Justice Scott described these "loiterers" and "idle and disorderly persons", the conditions which caused the formation of this class of people and the purposes of the laws which were developed to control them.

In his view they-.were –

. . . . members of a class once prevalent in England to an extent which made it for four or five centuries a major political problem which taxed the forces of law and order t o the uttermost and produced a long succession of repressive statutes. These laws were framed exclusively in relation to that particular class of the community, and had three purposes. The class consisted of the hordes of unemployed persons, many of them addicted to crime, then wandering over the face of the country; and the purposes were: (a) settlement of the able-bodied in their own parish, and provision of work for them there; (b) relief of the aged and infirm, i.e., those who could not work; (c) punishment of those of the able-bodied who would not work.

The early Vagrancy Acts came into being under peculiar conditions utterly different to those of the present time.

From the time of the Black Death in the middle of the 14th century, till the middle of the 17th century, and indeed, although in diminishing degree, right down to the reform of the poor law in the first half of the 19th century, the roads of England were crowded with masterless men and their families, who had lost their former employment through a variety o f causes, had no means of livelihood and had taken to a vagrant life. The main causes were the gradual decay of the feudal system under which the labouring classes had been anchored to the soil, the economic slackening of the legal compulsion to work for fixed wages; the break up of the monasteries in the reign of Henry VIII, and the consequent disappearance of the religious orders which had previously administered a kind of " public assistance" in the form of lodging, food and alms; and lastly the economic changes brought about by the Enclosure Acts. Some of these people were honest labourers who had fallen upon evil days, others were the" wild rogues" so common in Elizabethan times and literature who had been born to a life of idleness and had no intention of following any other. It was they and their confederates who formed themselves into the notorious 'brotherhoods of beggars ' which flourished in the 16th and 17th centuries. They were a definite and serious menace to the community, and it was chiefly against them and their kind that the harsher provisions of the vagrancy laws of the period were directed.

Although the social conditions and problems described by Lord Justice Scott have never existed in Papua New Guinea, there are a number of vagrancy offences in our present law which were imported through Australia from the laws of England. Whilst most of them should be retained and strengthened to help police prevent and control crime, one is in appropriate and should be repealed.

We recommend the following vagrancy offences be retained –

We also recommend the retention of the following offences which are sometimes called vagrancy offences-

The only significant change we recommend is the repeal of the offence of having no visible means of support or insufficient lawful means (section 4 (l) (a) of the Vagrancy Act (Papua)) and having, in the belief of a policeman, no lawful means of support of insufficient lawful means of support (section 69 of the Police Offences Act (New Guinea).

Minority recommendation

Whilst the majority of us support the repeal of this offence, one of our members recommends that the offence should be retained, in a different form, to help with the problems of urban drift and unemployment.

In his opinion, the police should have the power to arrest persons they find without lawful means of support and take them to court. If the court is satisfied that the charge is correct it should have the power to order these people back to their village and to order them not to return to town. It should be the responsibility of the relatives to meet the cost of transporting their unemployed relatives back to their villages.

Only if there are no relatives should the Government pay. Those who return to town in breach of a court order should be arrested, taken before the courts and sent to jail.

The three arguments used to support this recommendation are -

(i) The existing vagrancy laws are not sufficient and are difficult for the police to prove.

(ii) If those people without work are punished or sent back to their villages, this will stop other village people from coming to towns and adding to the number of unemployed. This is important because the unemployed are the ones most likely to cause trouble and commit crimes in the towns.

(iii) The unemployed may cause hardships for their relations who do have jobs in the towns. When wantoks give help to these people, they themselves may not have enough left to look after their own families properly. In other words the wantok system is not as suitable in the town as it is in traditional villages.

Majority Recommendation

The majority agree that urban drift and unemployment are indeed serious problems, but feel that retaining this offence, even in a different form, will not help to solve them. Using the criminal law to control social and economic problems is not only ineffectua1 but also inappropriate and unnecessary.

The major arguments which we feel support our recommendation to repeal this offence are –

(i) Experience has shown that this vagrancy law does not stop village people from coming into towns and adding to the number of unemployed. Although we have had this offence far more than 50 years the number of people moving to the towns continues to grow as more means of transportation become available.

(ii) Many of the so-called "vagrants" cause no trouble and commit no offence other than being without work. Hearing their cases takes up a lot of valuable court time. Furthermore, because their sentences are generally short, these people receive no correctional training whilst in jail and come out no better qualified to find a job than they were before being arrested. Some come out of jail better equipped to be criminals than before they went in. Others come out embittered against the whole system of justice and society at large.

(iii) The resources presently used to deal with this offence should be used on other more useful projects. If people are not willing to support their unemployed relatives this is a fair indication that they will not want to pay the fares of those whom the courts order to go home. The burden of cost will therefore ultimately fall on the Government. This is costly.

(iv) It would be unfair to return to their home areas those who have spent most of their lives in urban areas away from their villages. These people may no longer have good land at home and may be unable to support themselves and their families adequately, even with the help of their relatives. Some people no longer feel it safe to return to their original homes.

(v) The wantok system is an expression of our communal way of life which has sanctions and obligations built into it. It affords the best security and control against loneliness crime and other problems. Those who are willingly supported by their wantoks because they are close relatives and because it is the custom to help each other are unlikely to become troublemakers and criminals. There are some who abuse the wantok system, but in our experience it is a lot easier to control a wantok whom you support and who feels obligated to you than it is to try to control a wantok who feels rejected. The law should be made to help support rather than break down these traditional controls. The abuse of the wantok system is a domestic matter that the relatives should settle by open discussion.

(iv) The criminal law is not an appropriate means to deal with these particular economic and social problems. Other solutions must be found. It is beyond our scope to consider and recommend possible solutions. However, some of the things the government can try to do are –

(a) provide jobs for the unemployed;

(b) make rural life more attractive; and

(c) encourage small businesses and the informal sector.

It should also encourage people to maintain harmonious family relationships by discussing their financial problems with their wantoks instead of asking the
police to use the law against those who are otherwise law-abiding. If necessary, the police, the church people, councillors, the welfare-officers and other
respectable persons may be used as intermediaries.

In summary, the criminal law should only be used against the real law-breakers and those who are about to break the law. It should not be used against those who are without any visible means of support and who have committed no other offence. We consider that the vagrancy offences which we recommend keeping would be more than adequate to help the police prevent and control crime. They are no more difficult to prove than any other offence requiring the proof of its elements before a conviction can be justified.

The retention of the offence of being without visible means of support would, we consider, have no useful role at this time and would prove costly to administer in Papua New Guinea.

In recommending the repeal of this offence, we also note that it is now rarely used in England, its country of origin, because the problems which prompted it no longer exist.
We further note that New Zealand which adopted this law from England, is moving to repeal it on the strong recommendation of a Parliamentary Committee and the New Zealand Department of Justice.

CHAPTER 5

PROTECTION OF NEIGHBOURHOOD

Part IV of the Bill contains clauses dealing with the use of firearms and fireworks, pollution, the creation of physical dangers and some new offences such as allowing disturbances on licenced premises and water skiing in prohibited areas.
The offences set out inclauses 26, 28, 29, 30, 32, 33, 35, 36, 37, 39 and 40 are restatements and in some cases expansions of existing offences.

Clause 27 makes it an offence to allow disturbances on licenced premises. It is intended to encourage licensees to keep order on their own premises. At present licensees tend
to rely on the police to stop trouble that often breaks out when people are drinking in hotels and taverns rather than solve the problem themselves. Section 104 of the Liquor
(Licensing) Act does not, in our opinion, deal satisfactorily with this problem. Whilst it makes it an offence for a licensee to allow a drunk or disorderly person to come into or stay on the licenced premises it does not place the obligation squarely on the licensee to keep order on his premises.

The throwing and exploding of fireworks is dangerous and it sometimes causes very serious and permanent injuries to children. Clauses 29 and 30 would effectively outlaw the use of fireworks except on occasions approved by a District Commissioner. These clauses will not stop people from organising a fireworks display for a special occasion or as part of a cultural or ethnic celebration if they obtain permission. However it will stop the reckless and indiscriminate use of fireworks.

Driving speedboats and water skiing close to beaches used by swimmers and close to moored boats causes great danger and discomfort to other people. There is no provision in any other law in Papua New Guinea which allows for the control of speed boats and water skiing outside declared ports. Clause 31 will allow the Minister to prohibit water skiing and speed boating in certain areas of the country.

Whilst we recommend the retention of such offences as causing offensive smells by burning rubbish (clause 32), failing to keep yards clean (clause 33) and leaving dead animals in or polluting or obstructing water courses (clauses 35, 36, and 37), we consider that the anti-litter and rubbish dumping offences should be left out of the Bill.

Almost all urban councils have anti-litter and anti-rubbish dumping rules and many semi- urban councils also have them. Litter and rubbish dumping are matters of concern to the councils and we consider that they should be encouraged to deal with them.
Where councils cannot enforce these rules, they may wish to make arrangements with the police to assist them.

We have included in the Bill, at there quest of the police, a new offence concerning the breaking of glass in a public place. If a police officer sees a person breaking glass or if he suspects a person of breaking glass in a public place, he can order that person to remove the broken glass. If the person refuses to do this he will be guilty of an offence.

By using this clause the police will be able to get people who break glass in public places to clean it up. They will not have to charge them until they refuse to carry out order to clean up the broken glass.

We were asked by a number of people, both national and expatriate, to create an offence of making too much noise at night. However we came to the conclusion that such an offence was not appropriate in Papua New Guinea.

The holding of lengthy sing-sings, dances and similar celebrations all through the night and over a period of days is part of our culture. It would not be appropriate to outlaw such celebrations in the villages. In the cities and towns it could be argued that it is a different matter.

People from many different parts of the country and from overseas all live together in these places. They usually work set hours five or six days per week and thus have set hours for sleeping. It is most unpleasant for them if they are kept awake at night. It could also be argued that some people in towns and cities have very powerful record players and musical instruments which can keep a whole neighbourhood awake when played loudly.

We have considered these arguments and consider that it is not possible to draft an offence that outlaws some types of noise at night and not others and that it is not desirable to outlaw all loud noise after, say, midnight.

We are also concerned that an offence of this type could cause considerable trouble in the towns and cities. If for example, a group of people from one district decide to hold a sing- sing which goes on late into the night and then members of another group from another district threaten to get the police to stop the sing- sing because of the noise, this action could cause considerable ill-feeling and fighting between the groups.

We note that there is no offence of this nature amongst out laws at present and we recommend that no new offence be created.

CHAPTER 6

PROTECTION OF PROPERTY

Part V of the Bill deals mainly with the damaging or defacing of property. Most of the clauses are restatement of the offences in the present Police Offences Acts, but we have added a number of provisions to allow the courts to order people to repair the damage they cause or to pay compensation when they commit these offences.

There are, in addition, two new offences in this part.
Clause 45 deals with the offence of casting boats adrift. It also covers interfering with boats. It does not include the unlawful use of boats because that is already a summary offence under section 434 of the Criminal Code. Whilst we may later recommend that the offence be resited when we review the Criminal Code, we consider that for the moment it should stay where it is.

The second new offence is the negligent use of fire covered in clause 48. This will replace the very complicated offence dealing with the careless use of fire found in the Native Regulations of Papua and the Native Administration Regulations of New Guinea.

The associated offence of damaging property (clause 47) has been restated to make it clear that property such as trees, gardens and crops which are of importance to the village people will be covered by this offence. It could also be used against those who destroy the gardens of their opponents in inter-group fighting.

CHAPTER 7

GAMING AND BETTING

Essentially Part V1 of the Bill consolidates the anti-gaming and anti-betting offences which are spread throughout the present Police Offences Acts. However, it does have another element. Whilst the Head of State will be empowered to declare certain games areas unlawful, his declaration will have to be confirmed by Parliament. This will enable the government and the Members of Parliament acting together to outlaw those games in which people gamble away their money causing hardships for their families and trouble in the towns.

CHAPTER 8

PROSTITUTION

Prostitution is amongst the oldest "professions" known to mankind. In some areas of Papua New Guinea it is accepted as a way of life while in others it plays no role at all in the lives of the people.

In New Guinea under the presen t Police Offences Act there are four summary offences relating to prostitution. It is an offence for a known prostitute to offer in public to have sexual intercourse with a man for money (section 38). Section 79(3) of the Act makes it an offence for a man to live off the earnings of a prostitute. Anyone who keeps or manages a brothel commits an offence under section 80 of the Act and it is an offence under section 81 for anyone to allow his house to be used as a brothel.

None of these summary offences exist in Papua at present. However, in all of Papua New Guinea it is an indictable offence under section 236 of the Criminal Code for any person to keep or manage a place of prostitution.

Whilst the act of prostitution itself has never been an offence in any part of Papua New Guinea there are a number of provisions in the Criminal Code to stop women and girls from being forced or drawn into prostitution. They are sections 217, 221, 223 and 224.

The Venereal Diseases Act (Amalgamated) 1973 is intended to control the spread of venereal disease. It requires everyone who has venereal disease to see a doctor for treatment.

The present laws relating to prostitution are most unsatisfactory. There are differences between the laws of Papua and New Guinea and most of these are poorly phrased. We recommend that these laws be rationalized by making it a summary offence throughout Papua New Guinea for anyone to live off the money made by prostitutes (clause 55), to keep or manage a brothel (clause 56) or to allow his house to be used as a brothel (clause 57).

We also think that section 38 of the Police Offences Act (New Guinea) which prohibits soliciting by known prostitutes in public places should not be extended to Papua. We have omitted it from the Bill altogether because under section 18 of the Public Order Act the police already have more power to control prostitutes who are causing trouble in public places.

We would appreciate the retention of this reference, This will enable us to undertake studies during our investigation into the criminal justice system to see what further measures, if any, should be taken regarding prostitution.

CHAPTER 9

OFFENCES RELATING TO POLICE

Part VIII of the Bill is designed to give protection to the police in their difficult work of keeping law and order.

Clause 60 makes it an offence to obstruct or hinder a policeman when he is doing his work. This offence is transferred from the Public Order Act, section 20 which we recommend be repealed. Clause 61, assaulting a policeman when he is doing his work, is a new summary offence. It may already be a summary offence by operation of sections 350, 351, and 353 of the Criminal Code. However, to clear up any doubt we have included this clause in the Summary Offences Bill.

We have added a new defence to clauses 60 and 61. If a defendant shows that he could not reasonably have known that the person he was assaulting or hindering was a policeman doing his proper work, the defendant cannot be found guilty under these clauses. However, he might still be guilty of an assault under clause 6.

Clause 58 is aimed primarily against the hoaxer who tells the police that he has placed a bomb in a plane or in a building. The clause also allows the police to prosecute someone who intentionally cause them to undertake an unnecessary investigation.

Clause 59 restates the old anti-bribery provision which makes it an offence for a person not directly affected by an offence to take a bribe for withdrawing a complaint or delaying the prosecution of that offence.

CHAPTER 10

TRAFFIC OFFENCES FOR VEHICLES OTHER THAN MOTOR VEHICLES: MISCELLANEOUS; SPECIAL CONSTABLES AND DETENTION OF WITNESSES

Traffic Other than Motor Traffic

Part IX of the Bill contains the traffic offences for vehicles other than motor vehicles such as bicycles and animal-drawn vehicles. These offences are restatements of the offences contained in the present Police Offences Acts.

Miscellaneous

Part X of the Bill contains the transitional and repeal provisions and the regulation making power. It also contains clause 69 which makes it clear that a charge for an offence against this Bill must be made within six months of the commission of that offence.

Special Constables

The Police Force (Interim Arrangements) Act 1973 deals with the Reserve Constabulary and with special constables. Since these provisions adequately cover the requirements for
special constables we recommend that the parts of the Police Offences Acts of Papua and New Guinea which deal with special constables be repealed and not re- enacted.

Detention of Witnesses

The Police Offences Acts of Papua and New Guinea both provide for the detention of witnesses required to give evidence in criminal cases. We have left those provisions out of the Summary Offences Bill because we feel they are inappropriate to present conditions in Papua New Guinea.

APPENDIX

COMPARISON OF SUMMARY OFFENCES BILL WITH EARLIER ACTS

Below are set out brief statements of the sections of the Police Offences Act and Vagrancy Act of Papua and the Police Offences Act of New Guinea showing what will happen to each o f them upon repeal. Where it is indicated that other legislation will replace the repealed sections it does not follow that the replacement legislation will be in the same terms as the repealed sections.

References to the Arrests, Searches and Bail Bill mean the Arrests, Searches and Bail Bill presently being developed by the Commission. It is anticipated that a final draft of this Bill will be presented to the Minister for Justice soon. References to clauses are references to clauses in the Summary Offences Bill attached to this report.

POLICE OFFENCES ACT (PAPUA) 1912 – 1974

PART I - PRELIMINARY

Section

PART I1 - OFFENCES GENERAL TO WHOLE TERRITORY

PART IV SPECIAL CONSTABLES

SCHEDULE. - Repealed Acts.

LAW REFORM COMMISSION
PAPUA NEW GUINEA

A BILL

for

AN ACT
Entitled

Summary Offences Act 1976,

Being

An Act relating to Summary Offences,

MADE by the National Parliament to come into operation on a date to be fixed by the Head of State, acting on the advice of the Minister, by notice published in the National Gazette.

PART I. - PRELIMINARY.

1. - DEFINITIONS.

(1) In this Act unless the contrary intention appears -

"boat" includes any ship, yacht, canoe, dinghy, raft, pontoon, and any water craft capable of carrying at least one occupant;

"brothel" means any premises used for the purposes of prostitution;

"court" means -

(a) a District Court; or

(b) a Local Court; or

(c) a Magistrate of a District Court; or

(d) a Local Court Magistrate;

"drunkenness" includes the state of a person who is so affected by alcoholic drink or drugs that his physical or mental faculties or his judgement are appreciably and materially impaired in the conduct of the ordinary affairs or acts of daily life; and

"drunk" has a corresponding meaning;

"fight" means a fight in which two or more people are assaulting one another in a manner that is likely to cause bodily injury to some other person or so as to cause bodily injury to the property of some other person; and "to fight" has a corresponding meaning;

"Indictable offence" includes an indictable offence in relation to which a person may be dealt with summarily or a summary offence in relation to which a person may be dealt with upon indictment.

"information" includes a complaint;

"offensive weapon" means -

(a) any article made or adapted for use for causing injury to the person; or

(b) any article intended by the individual having it with him for use for causing injury to the person;

"person" includes a member of the police force;

"premises" includes –

(a) any dwelling house, office, warehouse, store or shop; and
(b) any building or structure; and
(c) any factory, garage, workshop or hangar; and
(d) any pavilion, tent, or caravan; and
(e) any enclosed yard, garden or area; and
(f) any aircraft; and
(g) any vehicle; and
(h) any vessel,

and any part of such premises;

"public place" includes -

(a) a place to which free access is permitted to members of the public with the express or implied consent of the owner or occupier of the place; and

(b) a place to which members of the public are admitted on payment of money while members of the public are present or are permitted to have access to the place; and

(c) a road, street, bridge, footway, footpath, court, alley, passage or thoroughfare which members of the public are allowed to use, notwithstanding that the same may be, or be formed on, private property; and

(d) an aerodrome, whether enclosed or otherwise; and

(e) a passenger vessel or a boat carrying fare-paying passengers; and

(f) a vehicle carrying fare- paying passengers; and

(g ) any school building and land or premises used in connexion with any school;

"street sign" includes any sign referred to in Part VII of the Motor Traffic Regulations- 1967, and any sign erected by a public authority in any public place for the assistance or convenience of pedestrians; motorists, cyclists or other persons;

"vehicle" includes any conveyance fitted with wheels or runner for the purpose of carrying persons or things;

"vessel" means a vessel when in the waters of Papua New Guinea or lying or being in any place within Papua New Guinea and includes any cabin of any such vessel.,

(2) The penalty, pecuniary or other, set out –

(a) at the foot of a section to this Act; or

(b) at the foot of a subsection of a section of this Act but not at the foot of the section,

means that a contravention of the section or of the subsection respectively, is punishable on conviction by a penalty not exceeding the penalty mentioned.

2. BURDEN OF PROOF OF LAWFUL EXCUSE.

Where under the provisions of this Act any act, if done without lawful excuse or Lawful cause is an offence, the burden of proof that the act was done with lawful excuse or lawful cause, as the case may be, is on the person charged with the offence.

PART II. DRUNKENNESS.

3. DRUNKENNESS.

(1) A person who is found drunk in a public place may be arrested by a member of the police force and lodged in safe custody.

(2) A person arrested under Subsection (1) –

(a) may be released when in the opinion of a member of the police force he is no longer in a state of drunkenness; and

(b) shall be released within 12 hours of his arrest.

4. DRUNK AND DISORDERLY.

A person who is found drunk in a public place and who acts in a manner that disturbs a reasonable member of the public or is likely to disturb a reasonable member of the public, is guilty of an offence.

Penalty: K40.00 or imprisonment for one month.

5. SPECIAL PROVISIONS RELATING TO DRUNKENNESS.

(1) Notwithstanding the provisions of this Act or any other law, where a person has been convicted of an offence against Section 4 the court convicting the person may, instead of imposing a penalty, order that the person convicted be released upon his entering into a recognizance, with or without sureties, to be of good behaviour and to comply with such, other conditions as the court determines and specifies in the recognizance, for such period as the court orders.

(2) The conditions specified in the recognizance may include a condition that the convicted person subject himself to medical treatment for drunkenness.

PART III. PROTECTION OF PERSONS.

6. ASSAULT.

(1) A person who unlawfully assaults another person is guilty of an offence.

Penalty: K200.00 or imprisonment for six months.

(2) Where a court convicts a person of an offence against subsection (l), it may order him to pay to the person, in relation to whom the offence was committed or any other person who suffers bodily injury or damage to property as a result of the commission of the offence such amount by way of, compensation for bodily injury or damage to the property of the person occasioned by or in the course of the commission of the offence, as it considers just.

(3) For the purposes of this section, a person who –

(a) strikes, touches, moves or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent, or with his consent if the consent is obtained by fraud; or

(b) by any bodily act or gesture, attempts or threatens to apply force of any kind to the person of another without his consent, under such circumstances that the person making the attempt or threat has an actual or apparent present ability to apply such force.

is deemed to assault that person.

(4) In this section, " applies force" includes the application of heat, light, sound, electrical force, gas odour or any other substance or thing if applied to such a degree as to cause any injury or personal discomfort.

7. PROVOKING A BREACH OF THE PEACE.

A person who –

(a) uses threatening, offensive or insulting behaviour; or

(b) uses threatening, abusive or insulting words;

o r

(c) makes threatening, abusive or insulting gestures, with intent to provoke a breach of the peace or whereby a breach of the peace is likely to take place is guilty of an offence.

penalty: K100.00 or imprisonment for three months.

8. INTENDING TO FIGHT.

A person who behaves in a manner that causes or is likely to cause a reasonable person to believe that he intends to start a fight is guilty of an offence.

Penalty: K100.00.or imprisonment for three months.

9. INCITING TO FIGHT.

A person who by words, gestures or otherwise incites any other person or persons to fight is guilty of an offence.

Penalty: K100.00 or imprisonment for three months.

10. FIGHTING.

Where two or more persons are fighting in a manner that is likely-

(a) to cause bodily injury to some other person; or

(b) to cause damage to the property of some other person,

they are each and severally guilty of an offence.

Penalty: K200.00 or imprisonment for six months.

11. - FALSE REPORTS.

A person who spreads false or wilfully misleading reports tending to cause trouble or ill- feeling-

(a) amongst people; or

(b) between the members of a group of people; or

(c) between groups of people; or

(d) between individuals;

is guilty of an offence.

Penalty: K100.00 or imprisonment for three months.

12. CARRYING WEAPONS.

(1) A person who in a public place without reasonable excuse –

(a) carries; or

(b) has in his possession, custody or control,

any offensive weapon is guilty of an of fence,

Penalty: K100.00 or imprisonment for three months.

(2) Where a person is convicted of an offence against subsection (1), the court that convicts him may order that the weapon the subject of the charge be destroyed or forfeited to the Government.

13. ADDING MATTER TO FOOD OR DRINK.

A person who adds any matter or thing to food or drink consumed, or intended to be consumed, by another person with intent to cause that other person any physical or mental harm or incapacity is guilty of an offence.

Penalty: K100.00 or imprisonment for three months.

14. VALUELESS CHEQUES.

(1) A person who obtains, or pays for, any goods, money, valuable security, credit, benefit or advantage by passing a cheque which is not paid on presentation to the bank against which it is drawn is guilty of an offence.

Penalty: K400.00 or imprisonment for one year.

(2) It is a defence to a charge for an offence against Subsection (1) if the person charged proves that he had reasonable grounds for believing that the cheque would be paid in full on presentation.

(3) The fact that a t the time the cheque was passed there was some funds to the credit of the account against which the cheque was drawn is not, of itself, a defence to a charge of an offence against Subsection (1).

15. FALSE PRETENCES.

A person who solicits, gathers, collects or obtains any money, property, subscription, contribution or advantage for himself or for any other person by means of any false pretence or wilfully misleading conduct, is guilty of an offence.

Penalty: K100.00 or imprisonment for three months.

16. PROPERTY REASONABLY SUSPECTED OF HAVING BEEN STOLEN.

(1) A person who has in his possession any property reasonably suspected of being stolen or unlawfully obtained may be arrested without warrant by a member of the police force.

(2) Where a District Court or a Magistrate of a District Court is satisfied by evidence on oath that there is reasonable cause to believe that any property which is suspected of having been stolen or unlawfully obtained is to be found on any premises, the court may issue a warrant to search that place or premises for the property and to bring before the court all or any of such property found there in and to bring or summons before a court any person in whose possession or custody or in whose premises any such property is found.

(3) Where a person is brought or appears before a court under the provisions of the two preceding subsections the proceedings subject to any adjournment shal1, be as follows:-

(a) He shall be charged in the following form: -

It . . . that on the day of 19, at in Papua New Guinea, (here name the defendant) had in him possession certain property namely (here set out a description of the property) which was reasonably suspected of having

been stolen or unlawfully obtained.".

(b) The charge shall be read but the defendant shall not be asked whether he is guilty or not guilty of the charge.

(c) The court shall hear the evidence of the informant or complainant and his witnesses (if any).

(d) Where the court is not satisfied beyond reasonable doubt –

(i) that the defendant was in the possession of the property; and

(ii) that there is a reasonable suspicion that the property was stolen or unlawfully obtained,

the court shall dismiss the charge.

(e) Where the court is satisfied beyond reasonable doubt –

(i) that the defendant was in possession of the property; and

(ii) that there was a reasonable suspicion that the property was stolen or unlawfully obtained,

the charge shall be read again to the defendant and he shall be asked whether he wishes to give evidence himself and to call witnesses to give evidence.

(f) Where the defendant does not give evidence the court shall convict him unless it is of the opinion that the offence complained of is of so trivial a nature as not to deserve punishment.

(g) Where the defendant gives evidence or calls evidence, the court shall hear that evidence and any evidence called in reply that the court allows. If the court is satisfied on the balance of probabilities with the defendants account of how he came by the property, the court shall dismiss the charge.

(h) Where the court is not satisfied with the defendant's account of how he came by the property but remains satisfied beyond reasonable doubt -

(i) that the defendant was in possession of the property; and

(ii) that there was a reasonable suspicion that the property was stolen or unlawfully obtained,

it shall convict him unless it is of the opinion that the offence complained of is of so trivial, a nature as not to deserve punishment.

Penalty: First offence K200.00 or imprisonment for six months, second or subsequent offences K400.00 or imprisonment for one year.

17. DISGUISES.

A person who –

(a) wears a disguise; or

(b) has on or about his person any article of disguise, with intent to commit an offence, is guilty of an offence.

Penalty: K200.00 or imprisonment for six months.

18. POSSESSION OF HOUSE-BREAKING IMPLEMENTS.

(1) A person who has in his possession –

(a) by night, any implement capable of being used for house- breaking, in circumstances that prima facie show an intention to use it for housebreaking; or

(b) by day, any house-breaking implement with intent to commit an indictable offence, is guilty of an offence.

Penalty: K200.00 or imprisonment for six months.

(2) It is a defence to a charge under Subsection (l) (a) if the person charged proves that he had lawful excuse for having the implement in his possession.

(3) Where a court convicts a person of an offence against Subsection (l), it may order that the house-breaking implement in relation to which the person was convicted be destroyed or forfeited to the Government.

19. LOITERING WITH INTENT TO COMMIT INDICTABLE OFFENCE.

A person who –

(a) loiters in or near; or

(b) frequents,

a public place with intent to commit an indictable offence is guilty of an offence.

Penalty: K200.00 or imprisonment for six months.

20. UNLAWFULLY ON PREMISES.

A person who, without lawful excuse, is in, on or adjacent to any premises is guilty of an offence.

Penalty: In the case of a first offence – K100.00 or imprisonment for three months; and in the case of a second or subsequent offence-K400.00 or imprisonment for one year.

21. HABITUALLY I N THE COMPANY OF THIEVES.

(1) A person who is habitually in the company of persons who have been convicted of false pretences, stealing or other offences relating to property may –

(a) be summoned to appear before; or

(b) be arrested with or without warrant and brought before, a District Court.

(2) Where a court is satisfied after due enquiry that a person to whom Subsection (1) refers, is habitually in the company of persons who have been convicted of false pretences, stealing or other offences relating to property, it may order that person to stay out of the company of the persons who have been convicted of false pretences, stealing or other offences relating to property specified in the order.

(3) A person who fails to comply with an order of a court under Subsection (2) is guilty of an offence.

Penalty: In the case of a first offence - K100.00 or imprisonment for three months; and

In the case of, a second or subsequent offence - K200.00 or imprisonment for six months.

22. ESCAPING FROM LAWFUL CUSTODY.

(1) A person who, being in the lawful custody of a person under any law, escapes or attempts to escape from custody is guilty of an offence.

Penalty: K200.00 or imprisonment for six months.

(2) For the avoidance of doubt it is declared that a person who escapes from lawful custody is deemed to be continuing to commit an offence under Subsection (1) until he is arrested for that offence, any other offence, or under any other law in force in Papua New Guinea.

23. INDECENT EXPOSURE.

(1) A person who intentionally exposes his private parts in a public place or within view of any person in a public place is guilty of an offence.

Penalty: K50.00

(2) In this section" private parts", in relation to –

(a) a male person means his genitals; and

(b) a female person, means her vagina and the area immediately surrounding the vagina.

(3) It is a defence to a charge of an offence against Subsection (1) if the defendant proves that –

(a) he had no intention to offend public decency; and

(b) it was reasonable for him to have believed that his action would not insult, offend or annoy any other person.

24. INDECENT WRITING.

(1) A person who –

(a) in a public place; or

(b) within the view of any person in a public place, writes any word which grossly offends against accepted standards of public decency is guilty of an offence.

Penalty: K40.00

(2) Where a court convicts a person of an offence against Subsection (1) it may or der the person convicted to remove or pay for the removal of the writing from any building, wall, fence, tree, pole, structure, roof or footpath as the case may be in a public place and to restore the building, wall, fence, tree, pole, structure, road or footpath as the case may be to its former condition.

25. - INDECENT DRAWINGS, ETC.

(1) A person who –

(a) in a public place; or

(b) within the view of any person in a public place,

exhibits or causes to be exhibited any -

(c) drawing, etching or painting; or

(d) photograph or photographic reproduction; or

(e) sculpture,

that grossly offends against accepted standards of public decency is guilty of an offence.

Penalty: K20.00 or imprisonment for 14 days.

(2) Where a court convicts a person of an offence against Subsection (1) it may order that the drawing, etching, painting, photograph, photographic reproduction or sculpture, as the case may be, be destroyed or forfeited to the Government.

(3) In addition to any order made under subsection (2), where a court convicts a person of an offence under Subsection (1) it may order the person convicted to remove or pay for the removal of the drawing, etching, painting, photograph, photographic reproduction or sculpture, as the case may be, from any building, wall, fence, tree, pole, structure, road or, footpath, as the case may be, in a public place and to restore the building, wall, fence, tree, pole, structure, road or footpath as the case may be to its former condition.

(4) It is a defence to a charge of an offence against Subsection (1) if the defendant proves that the article exhibited or caused to be exhibited in a public place had artistic or cultural merit.

(5) The opinion of witnesses as to the artistic or cultural merit of an article may be admitted in evidence in any proceedings under this section to establish or negative a defence under Subsection (4).

PART IV. PROTECTION OF THE NEIGHBOURHOOD.

26. UNLAWFULLY DISTURBING HOUSEHOLDERS.

A person who, without reasonable excuse, disturbs –

(a) any occupant of; or

(b) any other person lawfully within,

any building, by ringing any doorbell, buzzer or other similar device, or by rapping or knocking on, or throwing stones, sticks or other missiles at, any part of the building is guilty of an offence.

Penalty: K20.00 or imprisonment for 14 days.

27. ALLOWING DISTURBANCES ON LICENCED PREMISES.

(1) The holder of a publican's licence, tavern licence, limited hotel licence, club licence, bottle shop licence or restaurant licence who allows on the licenced premises conduct which causes or is likely to cause alarm fear or disgust to any reasonable person is guilty of an offence.

Penalty: K50. 00.

(2) A reference in Subsection (1) to a licence means a licence under the Liquor (Licensing) Act 1963

28. USE OF FIREARMS, MISSILES ETC.
    

(1) A person who, without reasonable cause, discharges, throws or projects any stone, stick or other missile with intent to, or in a manner likely to –

(a) injure, annoy or frighten any person; or

(b) damage any property,

is guilty of an offence.

Penalty: K50.00.

(2) A person who, without reasonable cause, discharges a firearm with intent to, or in a manner likely to –

(a) injure, annoy or frighten any person; or

(b) damage any property,

is guilty of an offence.

Penalty: K100.00 or imprisonment for three months.

(3) Where a person is convicted of an offence against Subsection (2) the court before which he is convicted may order that the firearm, the subject of the charge, be forfeited to the Government.

(4) In this section, "firearm" includes –

(a) any gun, rifle or pistol; and

(b) an airgun, starting pistol or imitation firearm whether or not it is capable of projecting any kind of shot, bullet or missile.

29. EXPLODING FIREWORKS, ETC., IN A PUBLIC PLACE.

A person who, without the consent in writing of a District Commissioner -

(a) sets fire to or explodes any fireworks or explosive material in a public place; or

(b) throws any fireworks or explosive material into a public place so that it explodes in or near the public place,

is guilty of an offence.

Penalty: K10.00

30. THROWING, ETC., FIREWORKS OR OTHER EXPLOSIVE MATERIAL.

A person who throws, sets fire to, or explodes any fireworks or other explosive material -

(a) so as to injure, frighten or annoy any person; or

(b) in such circumstances that any person is likely to be injured, annoyed or frightened, is guilty of an offence.

Penalty: K50.00.

31. WATERSKIING IN PROHIBITED AREA.

(l) Where it appears to the Minister to be in the public interest to do so, he may, by notice published in the National Gazette, declare any area of water specified in the notice to be a prohibited area for the purposes of this section.

(2) A person who, in a prohibited area –

(a) water skis; or

(b) navigates any boat, motor vessel or powered canoe at a speed greater than five knots,

is guilty of an offence.

Penalty: In the case of a first offence - K50.00; and In the case of a second or subsequent offence - K100.00

(3) A member of the police force who intends to lay a charge under Subsection (2) against a person may –

(a) advise that person that he intends to lay a charge under Subsection (2) against him; and

(b) ask that person for his name and address.

(4) A person who refuses or fails to provide his name and address when requested to do so under Subsection (2) is guilty of an offence.

Penalty: K50.00.

(5) In Subsection (l), "area of water" includes any area of inland or coastal water, or any part of such area, within Papua New Guinea.

32. BURNING RUBBISH.

A person who, without reasonable cause, burns, or causes to be burnt, any substance that interferes with the reasonable comfort of any other person is guilty of an offence.

Penalty: K10.00

33. YARDS TO BE CLEAN AND FREE FROM OFFENSIVE SMELLS.

A person who -

(a) is the owner or occupier of any premises or area adjacent to a public place; and

(b) fails or neglects to keep the premises or area clean and there by causes annoyance to any person in the public place by reason of an offensive

smell emanating from the premises or area,

is guilty of an offence.

Penalty: K10.00.
Default penalty: K1.00.

34. BREAKING GLASS IN A PUBLIC PLACE.

(1) A member of the police force who –

(a) finds a person wilfully breaking glass in a public place; or

(b) has reasonable cause to believe that a person has just wilfully broken glass in a public place, may order that person to remove that broken glass from the public place.

(2) A person who refuses or fails to obey an order given under Subsection (1) is guilty of an offence.

Penalty: K50.00.

35. DEAD ANIMALS.

(1) A person who leaves, or causes to be left, any dead animal or any part of a dead animal in or near any river, creek, drain or other watercourse that flows through or alongside a public place is guilty of an offence.

Penalty: K100.00

(2) In this section, "animal" includes any bird, fish or reptile.

36. POLLUTING WATERCOURSES. ETC.

A person who throws or drops any filth or rubbish into, or otherwise pollutes any river, creek, canal, watercourse, well, water-tank or water storage is guilty of an offence.

Penalty: K100.00

37. OBSTRUCTING WATERCOURSES, ETC.

(1) A person who, without reasonable excuse, obstructs or diverts from its channel any public sewer, public drain, creek or other watercourse is guilty of an offence.

Penalty: K100.00.

(2) It is a defence to a charge against Subsection (1) if the person charged proves –

(a) that he is a member of a customary group or community; and

(b) that it is traditional for members of that customary group or community to divert that creek or other watercourse for the purpose of catching fish.

38. FURTHER ORDERS RELATING TO THE REMOVAL OF RUBBISH, ETC.

(1) The court that convicts a person of an offence against Section 32, 33, 35, 36 or 37 may order the person convicted t o –

(a) remove, within the time specified in the order; or

(b) pay the cost of the removal of,

the litter, filth, rubbish, refuse or other thing from the land or place on which it was deposited or to -

(c) restore, within the time specified in the order; or

(d) pay the cost of the restoration of,

the sewer, drain, creek or other watercourse to its former channel.

(2) A person who fails to comply with an order made under Subsection (1) is guilty of an offence.

Penalty: K100.00

39. FENCING HOLES, ETC.

A person who –

(a) is the owner or occupier of land that is open and exposed to any public place; and

(b) without reasonable excuse, fails to cover, fence or shield any hole or other danger on that land adjacent to a public place; or

(c) without reasonable excuse fails to cover, fence or shield any hole or other danger on that land so as to provide reasonable protection from injury to any person lawfully on that land, is guilty of an offence.

Penalty: K50.00.

Default penalty: K5.00.

40. DANGERS, ETC., IN PUBLIC PLACES TO BE BARRICADED, ETC.

(1) A person who digs or causes to be dug, or who leaves or causes to be left, any hole or who creates or causes to be created, any other danger in a public place or in an area adjacent to a public place, shall –

(a) immediately construct, or cause to be constructed, a barrier around the hole or danger so as to provide reasonable protection from injury to those member of the public who may reasonably be expected to use that public place or that area; and

(b) between the hours of 6pm and 6am place and keep, or cause to be placed and kept, at least one visible lamp upon the barrier so as to give reasonable warning of the hole or other danger to the members of the public using that public place or that area.

(2) A person who fails to comply with any of the provisions of Subsection (1) guilty of an offence.

Penalty: K50.00.

Default penalty: K5.00.

PART V. PROTECTION OF PROPERTY.

41. DEFINITION.

In this part, "lawful authority" includes the approval or consent of the owners or person in possession or control of the building, well, fence, tree, pole, structure, road or footpath to which the offence relates.

42. POSTING BILLS ON WALLS, ETC.

(l) A person who, without lawful authority in a public place, attaches any paper, bill, poster or placard to any building, wall, fence, tree, pole, structure, road or footpath is guilty of an offence.

Penalty: K50.00

(2) The court that convicts a person of an offence against Subsection (1) may order the person convicted to remove, or to pay for the removal of, within the period specified by the court, the paper, bill, poster or placard, as the case may be, and to restore the building, wall, fence, tree, pole, structure, road or footpath, as the case may be, to its former condition.

(3) A person who refuses or fails to comply with an order made by a court under Subsection (2) is guilty of an offence.

Penalty: K100.00

43. WRITING ON OR DEFACING WALLS, ETC.

(1) A person who, without lawful authority, In a public place, writes upon, soils, defaces or marks any building, wall, fence, tree, pole, structure, road or footpath by any means, is guilty of an offence.

Penalty: K50.00

(2) The court that convicts a person of an offence against Subsection (1) may order the person convicted to remove, or to pay for the removal of, within the period specified by the court, the writing, dirt or marks, as the case may be, and to restore the building, wall, fence, tree, pole, structure, road or footpath, as the case may be, to its former condition.

(3) A person who refuses or fails to comply with an order under Subsection (2) is guilty of an offence.

Penalty: K100.00

44. DEFACING, ETC., STREET SIGNS.

(1) A person who, without lawful authority, interferes with, defaces, disfigures, destroys or removes a street sign or any part of a street sign is guilty of an offence.

Penalty: K50.00.

(2) The court that convicts a person of an offence against Subsection (1) may order the person convicted to repair or restore, or to pay for the repair or restoration of the street sign, within the period specified by the court.

(3) A person who refuses or fails to comply with an order made under Subsection (2) is guilty of an offence.

Penalty: K100.00

45. CASTING BOATS A DRIFT.

(1) A person who, without reasonable excuse, interferes with or casts adrift any boat is guilty of an offence.

Penalty: K100.00

(2) Where a person is convicted of an offence against Subsection (l), the court before which he is convicted may, in addition to any penalty that it may impose, order the person convicted to pay such amount, by way of compensation, to the person aggrieved as the court thinks fit.

(3) In this section "cast adrift" includes -

(a) the cutting of mooring lines; and

(b) pulling up anchor; and

(c) untying from a pier or buoy.

46. INTERFERENCE, ETC., WITH PUBLIC LIGHTING.

(l) A person who, without reasonable cause, removes, obscures, damages or otherwise interferes with any lamp or other means of lighting erected or placed upon a public place for the purpose of street lighting or for the safety of members of the public is guilty of' an offence.

Penalty: K50.00.

(2) Where a person is convicted of an offence against Subsection (l), the court before which he is convicted may, in addition to any penalty it may impose, order the person convicted to pay such amount to replace or to restore to its former condition any lamp or other means of lighting, referred to in Subsection (1).

(3) A person who refuses or fails to comply with an order made under Subsection (2) is guilty of an offence.

Penalty: K100.00

47. DAMAGING PROPERTY.

(l) A person who, without reasonable excuse, destroys damages or injures any property belonging to another person is guilty of an offence.

Penalty: Kl00.00 or imprisonment for three months.

(2) Where a person is convicted of an offence against Subsection (l), the court before which he is convicted may, in addition to any penalty that it may impose, order the person convicted to pay such amount, by way of compensation, to the person aggrieved as the court thinks fit.

(3) In this section, "property" includes any personal property, house or other building, garden, crop, tree, fence, road, bridge, animal, reptile, bird or fish.

48. NEGLIGENT USE OF FIRE,

(1) A person who, by the negligent use of fire, destroys damages or injures any property belonging to any other person is guilty of an offence.

Penalty: Kl00.00 or imprisonment for three months.
(2) Where a person is convicted of an offence against Subsection (l) the court before which he is convicted may, in addition to any penalty that it may impose, order the person convicted to pay such amount, by way of compensation, to the person aggrieved, as the court thinks fit.

(3) In this section, "property" includes my personal property, house or other building, garden, crop, tree, fence, road, bridge, animal, reptile, bird or fish.

PART VI. GAMING AND BETTING.

49. APPLICATION OF THIS PART.

The provisions of this Part are subject to and do not derogate from the provisions of –

(a) the Gaming Act 1959, and

(b) the Racing and Gaming Act 1974, and

(c) the Criminal Code,

50. DECLARATION OF UNLAWFUL GAME.

(1) The Head of State, acting on advice may, by notice published in the National Gazette, declare any game to be an unlawful game for the purposes of this Part.

(2) A declaration under Subsection (1) has no force or effect until approved by are solution of the Parliament.

51. PLAYING UNLAWFUL GAME.

A person who plays an unlawful game is guilty of an offence.

Penalty: In the case of a first offence - K40.00 or imprisonment for one month; and

In the case of a second or subsequent offence - K100.00 or imprisonment for three months.

52. GAMING I N PLACES OF PUBLIC RESORT.

A person who –

(a) has the possession of, or the control of, any premises into which members of the public may enter, whether on payment of money or not; and

(b) allows any unlawful game to be played on those premises,

is guilty of an offence.

Penalty: K50.00.

53. - UNLAWFUL BETTING.

A person who, in or near any public place or in or near any premises licensed under the Liquor(Licensing) Act 1963 plays or bets or incites or encourages any person to play or bet –

(a) at or with any instrument of gaming at any game or pretended game of chance; or

(b) at or on any trick or sleight of hand; or

(c) at or on any game or trick with any instrument that is so constructed as to be capable of being used for cheating,

for a stake or prize is guilty of an offence.

Penalty: K100.00 or imprisonment for three months.

54. POSSESSION OF INSTRUMENTS OF GAMING.

(1) A person who –

(a) loiters in or near any public place or in or near any premises licensed under the Liquor (Licensing) Act 1963; and

(b) has in his possession, without lawful excuse -

(i) an instrument of gaming; or

(ii) an instrument that is so constructed as to be capable of being used as a means of cheating,

is guilty of an offence.

Penalty: K100.00 or imprisonment for three months.

(2) Where a court convicts a person of an offence against Subsection (l), it may order that the instrument in relation to which the person was convicted be forfeited to the Government.

PART VII. PROSTITUTION.

55. PERSONS LIVING ON THE EARNINGS OF PROSTITUTION.

(1) A person who knowingly lives wholly or in part on the earnings of prostitution is guilty of an offence.

Penalty: K400.00 or imprisonment for one year.

(2) The fact that –

(a) a person lives with, or is constantly in the company of a prostitute; or

(b) a person has exercised some degree of control or influence over the movements of a prostitute in such a manner as to show that person is assisting her to commit prostitution,

is prima facie evidence that person is knowingly living on the earnings of prostitution.

56. KEEPING A BROTHEL.

A person who -

(a) keeps, manages or acts or assist's in the management of a brothel; or

(b) knowingly supplies, or assists in the supply of money for the maintenance and support of a brothel,

is guilty of an offence,

Penalty: K800.00 or, imprisonment for two years.

(2) For the purposes of this section, a person who acts or behaves in such a manner as would lead a reasonable person to believe that he is the person in charge of, or having the care or management of, a brothel, shall be deemed to keep the brothel.

57. SUPPRESSION OF BROTHELS.

A person who - .

(a) being the owner, lessee, tenant, occupier or a person in charge of any premises uses the premises or knowingly permits the premises to be used as a brothel or for any purposes connected with prostitution; or

(b) being the owner or lessee of any premises or the agent of any such owner or lessee, lets or sublets the premises knowing that the premises are to be used as a brothel or for any purpose connected with prostitution,

is guilty of an offence.

Penalty: K200.00.
Default penalty: K20.00.

58. CREATING FALSE BELIEF CALLING FOR POLICE OR OTHER ACTION.

A person who does any act with the intention of creating a belief or suspicion in any person that -

(a) an offence has been committed; or

(b) a life has or may be lost or is or may be endangered; or

(c) property is, has been or may be endangered,

knowing that the circumstances with respect to which he intends
to create the belief of suspicion have not occurred, is guilty of an offence.

Penalty: K200.00 or imprisonment for six months.

59. DELAYING OR WITHDRAWING AN INFORMATION FOR REWARD.

A person who –

(a) lays an information or makes a complaint before a Magistrate for any offence, by which he is not personally aggrieved, which is alleged to have been-committed against this Act or any other enactment or subordinate enactment; and

(b) directly or indirectly accepts, without the consent of a court, any money or other reward for, delaying or withdrawing the information or complaint,

is guilty of an offence.

Penalty: K200.00 or imprisonment for six months.

60. OBSTRUCTING, ETC., A MEMBER OF THE POLICE FORCE.

(1) A person who resists, obstructs or hinders a member of the police force acting in the execution of his duty, is guilty of an offence.

Penalty: K200.00 or imprisonment for six months.

(2) It is a defence to a charge of an offence against Subsection (1) if the defendant proves that he could not reasonably have known that the person resisted, obstructed or hindered was a member of the police force acting in the execution of his duty.

(3) Where a court convicts a person of an offence against Subsection (l), it may order him to pay to the member of the police force, in relation to whom the offence was committed, such amount by way of compensation for bodily injury or damage to the property of the member occasioned by or in the course of the commission of the offence, as it considers just.

(4) A person who refuses or fails to comply with an order made under Subsection (3) is guilty of an offence.

Penalty: K100.00.

61. ASSAULTING A MEMBER OF THE POLICE FORCE.

(1) A person who assaults a member of the police force acting in the execution of his duty is guilty of an offence.
Penalty: K200.00 or imprisonment for six months, or both.

(2) It is a defence to a charge of an offence against Subsection (1) if the defendant proves that h e could not reasonably have known that the person assaulted was a member of the police force acting in the execution of his duty.

(3) Where a court convicts a person of an offence against Subsection (l), it may order him to pay to the member of the police force, in relation to whom the offence was committed, such amount by way of compensation for bodily injury or damage to the property of the member occasioned by or in the course of the commission of the offence, as it considers just.

(4) A person who refuses or fails to comply with an order made under Subsection (3) is guilty of an offence.

Penalty: K100.00.

PART IX. OFFENCES RELATING TO CERTAIN TYPES OF VEHICLES

62. DEFINITIONS.

In this Part, unless the contrary intention appears –

"public street" means any street, road, lane, thoroughfare, footpath, bridge or place open to or used by the public or to which the public have or are permitted to have access whether on payment of a fee or otherwise;

"vehicle" means a vehicle other than a motor vehicle as defined in the Motor Traffic Act 1969.

63. DRIVING, ETC., VEHICLE AT NIGHT WITHOUT LIGHT.

A person who, in a public street, drives or uses a vehicle between the hours of sunset and sunrise -

(a) without having attached to the vehicle a white light that is, under normal circumstances, visible to a person in front of the vehicle at a distance of not less than 50 m; or

(b) without having attached to the back of the vehicle a red reflector light that is under normal circumstances clearly visible to a person behind the vehicle at a distance of not less than 50 m,

is guilty of an offence.

Penalty: K20.00.

64. NEGLIGENT DRIVING, ETC.

A person who, in a public street, drives or uses a vehicle in a negligent manner is guilty of an offence.

Penalty: K40.00.

65. DANGEROUS DRIVING.

A person who, in a public street, drives or uses a vehicle in a manner dangerous to the public or any member of the public is guilty of an offence.

Penalty: K100.00.

66. FAILURE TO KEEP TO THE LEFT.

A person who, without reasonable excuse, drives or uses a vehicle without keeping the vehicle as close as practicable to the left-hand side of the carriageway is guilty of an offence.

Penalty: K40.00.

67. DRIVING, ETC., ON FOOTPATH.

A person who, without reasonable excuse, drives or uses any vehicle on a footpath is guilty of an offence.

Penalty: K40.00.

68. FAILURE TO COMPLY WITH DIRECTIONS OF MEMBER OF POLICE FORCE.
    

A person who, in any public street, drives or uses any vehicle and fails to comply with any reasonable direction given by a member of the police force as to –

(a) the manner of approaching or departing from any place; or

(b) the manner of taking up or setting down any passengers or the loading or unloading of goods; or

(c) the regulation of traffic,

is guilty of an offence.

Penalty: K40.00.

PART X. MISCELLANEOUS.

69. TIME LIMIT ON BRINGING CHARGES.

Notwithstanding Section 21 of the Local Courts Act 1963, no charge for an offence against any provision of this Act shall be laid in any court after six months after the offence took place.

70. REGULATIONS.

The Head of State, acting on advice, may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, for carrying out and giving effect to this Act, and in particular for prescribing -

(a) the form in which charges under the several sections of this Act may be laid; and

(b) the imposition of penalties not exceeding K100.00 or imprisonment for three months, or both, for breaches or contraventions of the Regulations.

71. TRANSITIONAL.

(1) Notwithstanding the repeal effected by Section 72 a charge for an offence against a provision of any of the repealed Acts which occurred before the date of commencement of this Act may -

(a) notwithstanding Section 21 of the Local Courts Act 1963 be prosecuted in a Local Court within three months after the date of commencement of this Act; or

(b) be prosecuted in a District Court within six months after the date of commencement of this Act; or

(c) if pending at the date of commencement of this Act be proceeded with,

as if this Act had not been made.

(2) For the avoidance of doubt it is declared that an appeal against - .,

(a) the conviction; or

(b) the sentence; or

(c) the conviction and sentence

for a charge for an offence against a provision of a repealed Act may, be proceeded with under the law applicable to the conduct of that appeal as if this Act had not been made.

72. REPEAL.

(1) The Acts specified in the Schedule are repealed.

(2) Section 20 of the Public Order Act 1970 is repealed.

Sec.72. (1), SCHEDULE

Repealed Acts,

Acts of the Territory of Papua.

Police Offences Act 1912
Police Offences Act 1930
Police Offences Act 1938
Police Offences Act 1939
Vagrancy Act 1912.

Acts of the Territory of New Guinea.

Police Offences Act 1925
Police Offences Act 1926
Police Offences Act 1927
Police Offences Act 1928
Police Offences Act 1930
Police Offences Act 1935
Police Offences Act (No.2) 1935
Police Offences Act 1937
Police Offences Act 1938
Police Offences Act 1939
Police Offences Act 1941
Police Offences Act (No.2) 1941.

Acts of the Territory of Papua New Guinea.

Police Offences (Papua) Act 1947.

Acts of the Territory of Papua and New Guinea.

Police Offences (Papua) Act 1951
Police Offences (Papua) Act 1952
Police Offences (Papua) Act 1953
Police Offences (Papua) Act (No.2) 1953
Police Offences (Papua) Act 1954
Police Offences (Papua) Act 1955
Police Offences (Papua) Act 1956
Police Offences (Papua) Act 1957
Police Offences (Papua) Act 1958
Police Offences (Papua) Act 1961
Police Offences (Papua) Act 1963
Police Offences (Papua) Act (No. 2) 1963
Police Offences (Papua) Act 1965
Police Offences (Papua) Act 1966
Police Offences (New Guinea) Act 1952
Police Offences (New Guinea) Act (No.2) 1952
Police Offences (New Guinea) Act 1953
Police Offences (New Guinea) Act (No. 2) 1953
Police Offences (New Guinea) Act 1954
Police Offences (New Guinea) Act 1955
Police Offences (New Guinea) Act 1957
Police Offences (New Guinea) Act 1958
Police Offences (New Guinea) Act 1961
Police Offences (New Guinea) Act 1963
Police Offences (New Guinea) Act (No. 2) 1963
Police Offences (New Guinea) Act 1965
Police Offences (New Guinea) Act 1966

Vagrancy (Papua) Act 1958
Vagrancy (Papua) Act 1963
Vagrancy (Papua) Act 1964
Criminal Law (Escapes) Act 1968
Police Offences (Rubbish Dumping) Act 1969.

Acts of Papua New Guinea.

Police Offences (Papua) (Amendment) Act 1974
Police Offences (New Guinea) (Amendment) Act 1974.