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Agents for Natives Regulation 1934

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 September 1948.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 298.

Agents for Natives Regulation 1934

ARRANGEMENT OF SECTIONS.

Agents for Natives Regulation 1934

MADE under the Licences Act (T.N.G.) 1934.

Dated                   200 .

1. CONSTITUTIONAL APPLICATION.

This Regulation applies, in accordance with Section Sch. 2.6(2) (adoption of pre-Independence Laws) of the Constitution, in and in relation to the area that, immediately before Independence Day, formed the Territory of New Guinea.

2. INTERPRETATION.

In this Regulation, unless the contrary intention appears–

“agent for natives” means a person other than a native (whether or not he carries on any other business) who, for reward, acts as an agent for the sale or disposition of coconuts, copra or other agricultural products on behalf of a native;

“licence” means a licence granted under this Regulation.

3. UNLICENSED PERSONS ACTING AS AGENTS FOR NATIVES.

A person other than–

(a) a native; or

(b) an officer of the Public Service in the exercise of his functions as such,

who acts as an agent for natives is guilty of an offence unless he is the holder of a licence.

Penalty: A fine not exceeding K100.00.

4. APPLICATION FOR LICENCE.

A person who desires to obtain a licence must lodge with the Head of State–

(a) a written application; and

(b) a fidelity bond for K200.00 in the form in the Schedule from an insurance company or other surety approved for the purpose by the Head of State, acting on advice.

5. GRANT OF LICENCE.

(1) Subject to this Regulation, the Head of State, acting on advice, may grant or refuse an application for the grant of a licence.

(2) A licence shall specify the area within which it is valid.

6. CONDITIONS OF LICENCE.

A licence is subject to the following conditions:–

(a) the licensee must not act as an agent for natives outside the area specified in the licence; and

(b) the licensee must record in a book to be kept by him for the purpose particulars of all transactions entered into by him as an agent for a native; and

(c) the licensee must keep his accounts in such a manner as to show the true position of the moneys to which they relate and to enable the accounts to be conveniently and properly audited; and

(d) the licensee shall, at all reasonable times, permit a District Officer or a person authorized in writing by the Departmental Head to inspect all books, accounts, documents or papers relating to transactions entered into by him as an agent for natives, and to audit his accounts.

7. DURATION OF LICENCE.

A licence expires on 30 June next after the date of issue of the licence.

8. FEES.

(1) Subject to Subsection (2), the fee for a licence is K6.00.

(2) The fee for a licence issued during the first six months in any year is K4.00.

9. CANCELLATION OF LICENCE.

(1) The Head of State, acting on advice, may cancel any licence.

(2) Compensation is not payable by the State on account of the cancellation of a licence.

10. FAILURE TO COMPLY WITH CONDITIONS.

A licensee who fails to comply with a condition of his licence is guilty of an offence.

Penalty: A fine not exceeding K100.00.

SCHEDULE 1

Reg., Sec. 4.

BOND

Office of Legislative Counsel, PNG