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Underlying Law Act No. 13 of 2000.

Country/Territory
Papua New Guinea
Document type
Legislation
Date
2000
Source
FAO, FAOLEX
Long title
Being an Act to implement Section 20 (underlying law and pre-independence statutes) of the Constitution, to state the source of the underlying law; provide for the formulation of rules of the underlying law; and provide for the development of the underlying law, and for related purposes.
Subject
Land & soil
Keyword
Legal proceedings/administrative proceedings Traditional rights/customary rights
Geographical area
Asia and the Pacific, Melanesia, Oceania, Small Island Developing States, South Pacific
Abstract

The customary law and the common law in force in England immediately before the 16th September, 1975 are the sources of the underlying law and shall be adopted and applied as part of the underlying law. The Act allows a court, within the limits of its jurisdiction, to apply the underlying law where the written law does not apply to the subject matter of a proceeding and in case the underlying law does not apply to the subject matter of a proceeding, the court shall apply the customary law. In accordance with this Act, a person is accepted as a member of a community if (i) he adheres to the way of life of the community; or (ii) he has adopted the way of life of the community; or (iii) he has been accepted by that community as one of its members. Moreover, irrespective of whether the adherence, adoption or acceptance is effective for a general or for a particular purpose; and ceases to be a member of a community if he adheres or adopts the way of life of another community or is accepted by some other community as a member of that community.

Full text
English
Website
www.paclii.org