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Native Regulation 1939

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 316.

Native Regulation 1939

ARRANGEMENT OF SECTIONS.

Native Regulation 1939

MADE under the Native Regulation Act, 1908 of the former Territory of Papua (Adopted).

Dated                   200 .

PART I. – PRELIMINARY.

1 - 3^[1]. [REPEALED.]

PART II. – SUCCESSION TO PROPERTY.

Division 1.

Preliminary.

42. ^[2][REPEALED.]

Division 2.

Devolution of Property.

5 - 7^[3]. [REPEALED.]

Division 3.

Administration of Intestate Property.

8 - 16^[4]. [REPEALED.]

PART III. – OFFENCES.

17. ADULTERY.

(1) A married person who is subject to this Regulation who has sexual intercourse with another such person of the opposite sex (other than his or her wife or husband) is guilty of an offence.

Penalty: A fine not exceeding K6.00 or imprisonment for a term not exceeding six months, or both.

(2) A person who is subject to this Regulation who, knowing her or him to be married, has sexual intercourse with a married person (other than his or her wife or husband) who is subject to this Regulation and who is of the opposite sex is guilty of an offence.

Penalty: A fine not exceeding K6.00 or imprisonment for a term not exceeding six months, or both.

(3) A complaint may be brought under Subsection (1) or (2) only—

(a) by the husband or wife (being a person who is subject to this Regulation) of the woman or man with whom the offence was alleged to have been committed; or

(b) in the absence of the husband or wife, as the case may be, by his or her nearest available relative.

18. INDUCING, ETC., FEMALE TO HAVE UNLAWFUL SEXUAL INTERCOURSE.

A person who is subject to this Regulation who does anything with the object of inducing or compelling a female to have sexual intercourse with a male who is not her husband is guilty of an offence.

Penalty: A fine not exceeding K4.00 or in default of payment to imprisonment for a term not exceeding four months, or to imprisonment in the first instance for a term not exceeding four months.

195. ^[5][REPEALED.]
20. EVIDENCE OF SPOUSES..

On the hearing of a complaint under this Part, the husband or wife of the accused person is a competent but not a compellable witness.

SCHEDULE 1

^[6]

Office of Legislative Counsel, PNG

1. ^[1]Schedule 2 amended by Passports (Amendment) Regulation 1990 (No 2 of 1990); replaced by Passports (Amendment) Regulation 1995 (No 15 of 1995), s2.
2. ^[2]Section 4 repealed by Wills, Probate and Administration (Amendment) Act 1987 (No. 15 of 1987), s3(2).
3. ^[3]Schedule 2 amended by Passports (Amendment) Regulation 1990 (No 2 of 1990); replaced by Passports (Amendment) Regulation 1995 (No 15 of 1995), s2.
4. ^[4]Schedule 2 amended by Passports (Amendment) Regulation 1990 (No 2 of 1990); replaced by Passports (Amendment) Regulation 1995 (No 15 of 1995), s2.
5. ^[5]Section 19 repealed by Wills, Probate and Administration (Amendment) Act 1987 (No. 15 of 1987), s3(2).
6. ^[6]Schedule 1 repealed by Wills, Probate and Administration (Amendment) Act 1987 (No. 15 of 1987), s3(2).