Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980

1980 CHAPTER 2

An Act to make provision in connection with the attainment by Papua New Guinea of independence within the Commonwealth and with the membership of the Commonwealth of Western Samoa and Nauru.

[31st January 1980]

Be it enactedby the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Commonwealth citizenship.

(1) The British Nationality Act 1948 shall have effect as if in section 1(3) (Commonwealth countries having separate citizenship) there were added at the end the words

“Papua New Guinea, Western Samoa and Nauru”.

(2) It is hereby declared that Papua New Guinea has never been a colony within the meaning of the British Nationality Act 1948.

(3) In accordance with section 3(3) of the West Indies Act 1967 it is hereby declared that this section and section 3(2) below extend to all associated states.

2 Registration of births and deaths.

For the purposes of section 4 of the British Nationality Act 1958 (registration of births and deaths by High Commissioner in countries mentioned in section 1(3) of the British Nationality Act 1948) section 1(1) above in its application to Papua New-Guinea shall be deemed to have come into force on 16th September 1975.

3 Miscellaneous amendments and repeals.

(1) The enactments specified in the Schedule to this Act shall have effect subject to the provisions of that Schedule, being provisions consequential on the attainment of independence by and the entry into the Commonwealth of Papua New Guinea, Western Samoa and Nauru.

(2) In section 32(1) of the British Nationality Act 1948 (interpretation), in the definition of " Australia", the words " the territories of Papua and " are hereby repealed.

(3) Paragraphs 1, 3 and 5 of the Schedule to this Act shall be deemed to have come into force on 16th September 1975.

4 Short title.

This Act may be cited as the Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980.

Schedule ENACTMENTS AMENDEDColonial Laws Validity Act 1865 (c. 63)

1 The Colonial Laws Validity Act 1865 shall not apply in relation to Papua New Guinea. Colonial Stock Act 1877 (c. 59)

2 The Colonial Stock Act 1877 shall not apply in relation to Papua New Guinea. Colonial Courts of Admiralty Act 1890 (c. 27)

3 The Colonial Courts of Admiralty Act 1890 shall not apply in relation to Papua New Guinea. Merchant Shipping Act 1894 (c. 60)

4 In section 427(2) of the Merchant Shipping Act 1894, as set out in section 2 of the Merchant Shipping (Safety Convention) Act 1949, before the words "or in any" there are inserted the words

“Papua New Guinea, Western Samoa or Nauru”.

5 Sections 735 and 736 of the Act of 1894 shall not apply in relation to Papua New Guinea. Imperial Institute Act 1925 (Ch. xvii)

6 In section 8(2) of the Imperial Institute Act 1925, as amended by the Commonwealth Institute Act 1958, at the end there are added the words

“Papua New Guinea, Western Samoa and Nauru”. Visiting Forces (British Commonwealth) Act 1933 (c. 6)

7 Section 4 of the Visiting Forces (British Commonwealth) Act 1933 shall apply in relation to forces raised in Papua New Guinea, Western Samoa or Nauru as it applies to forces raised in Dorriinions within the meaning of the Statute of Westminster 1931. Whaling Industry (Regulation) Act 1934 (c. 49)

8 In the Whaling Industry (Regulation) Act 1934 the expression " British ship to which this Act applies " shall not include a British ship registered in Papua New Guinea, Western Samoa or Nauru. Visiting Forces Act 1952 (c. 67)

9 In section 1(1)(a) of the Visiting Forces Act 1952 at the end there are added the words

“Papua New Guinea, Western Samoa or Nauru, or”; and any Order in Council under section 8 of that Act for the time being in force shall be deemed to apply to the visiting forces of Papua New Guinea, Western Samoa and Nauru until express provision with respect to those countries is made under that section. Army Act 1955 (c. 18)

10 In the definition of " Commonwealth force " in section 225(1) of the Army Act 1955 at the end there are added the words

“Papua New Guinea, Western Samoa or Nauru”. Air Force Act 1955 (c. 19)

11 In the definition of "Commonwealth force" in section 223(1) of the Air Force Act 1955 at the end there are added the words

“Papua New Guinea, Western Samoa or Nauru”. Naval Discipline Act 1957 (c. 53)

12 In the definition of " Commonwealth country" in section 135(1) of the Naval Discipline Act 1957 at the end there are added the words

“Papua New Guinea, Western Samoa or Nauru”. Offices, Shops and Railway Premises Act 1963 (c. 41)

13 In section 84(2) of the Offices, Shops and Railway Premises Act 1963 before the words " and any country " there are inserted the words

“Western Samoa, Nauru”. Office and Shop Premises Act (Northern Ireland) 1966

14 In section 78(2) of the Office and Shop Premises Act (Northern Ireland) 1966 before the words " and any country " there are inserted the words

“Western Samoa, Nauru”.