Opinion Number. 468

Subject

R0YAL ASSENT EFFECT OF PURPORTED ASSENT TO ORDINANCE NOT DULY PASSED

Key Legislation

PAPUA ACT 1905, s. 38

Date
Client
The Secretary, Department of External Affairs

The Secretary to the Department of External Affairs has forwarded the following memorandum for advice:

I enclose 'Supply Ordinance (No. 1) 1912-1913' being IX of 1912 (Papua) and also the proceedings of the Legislative Council which accompanied the Ordinance. It will be seen that the words 'ordinary annual' which, according to the Legislative Council Minutes of 3 of 1912 (29 June), should have been inserted in the schedule, were not so inserted.

I shall be glad if you will advise me whether the omission affects the validity of the Ordinance.

By section 38 of the Papua Act 1905 it is provided that: 'An Ordinance passed by the Legislative Council shall not have any force until it has been assented to as herein-after provided'.

Every Ordinance passed by the Legislative Council shall be presented to the Lieutenant-Governor for assent.

From the certified copy of the minutes of the proceedings of the Legislative Council it appears that the Bill was introduced by direction of the Lieutenant-Governor.

The Bill was read a first and second time, and in Committee an amendment of fun-damental importance was moved and carried.

The Bill was reported from Committee with this amendment, the Report was adopted, and the Bill, as amended, read a third time.

The document presented to the Lieutenant-Governor for his assent was not the Bill as passed by the Legislative Council and the document assented to by the Lieutenant-Governor, not being the Bill as passed by the Legislative Council, has no force as an Ordinance.

It will, in my opinion, be necessary for a fresh copy of the Ordinance, as amended by the Legislative Council, to be presented to the Lieutenant-Governor for his assent.

[Vol. 10, p. 335]