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Emergency (Defence Force) Act 1994

No. 22 of 1994.

Emergency (Defence Force) Act 1994.
Certified on: 27/10/1994.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

No. 22 of 1994.

Emergency (Defence Force) Act 1994.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

Emergency (Defence Force) Act 1994,

Being an emergency Act as authorized by Part X of the constitution to make provision in compliance with Section 202(c)(iii) (functions of the Defence Force) of the Constitution, for the Defence to provide assistance to the civilian authorities during the national emergency declared in relation to East New Britain Province on 19 September 1994, as extended by the National Parliament,

MADE by the National Parliament.

1. INTERPRETATION.

(1) In this Act, unless the contrary intention appears –

“Commander” means the Commander of the Defence Force;

“Controller” means a person appointed as Controller or as Deputy Controller under the Emergency (General Powers) Act 1994;

“emergency area” means the area to which the national emergency applies;

“national emergency” means the national emergency declared in relation to East New Britain Province on 19 September 1994.

(2) Unless the contrary intention appears, the provisions of the Interpretation Act (Chapter 2) apply to this Act.

2. APPLICATION .

(1) This Act applies to and in relation to the emergency area.

(2) This Act applies notwithstanding the provisions of any other law to the contrary.

3. USE OF DEFENCE FORCE DURING NATIONAL EMERGENCY .

(1) Subject to Subsection (2), the National Executive Council may require the Defence Force or a part of the Defence Force to assist the Controller during the national emergency.

(2) The extent of the assistance to be rendered under Subsection (1) shall be as determined by the National Executive Council.

4. COMMAND.

(1) For the purpose of rendering assistance under Section 3, the Defence Force or part thereof shall be subject to the orders and directions of the Controller, which, in so far as is practicable, shall be given to the person designated by the Commander for the purpose.

(2) For the purposes of any Constitutional or other law, an order or direction given in pursuance of this Act by the Controller to a member of the Defence Force assisting under Section 3 is deemed t o be a lawful order.

Office of Legislative Counsel, PNG