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(c) the right to liberty of the person conferred by Section 42 of the Constitution,
is a law that is made for the purpose of giving effect to the public interest in public order
and public welfare.
(2) For the purposes of Section 41 of the Organic Law on Provincial Governments
and Local-level Governments, it is declared that this law relates to a matter of national
interest.
2. Interpretation.
In this Act, unless the contrary intention appears—
ii
"Administrator" means the Administrator of a relocation centre appointed under Section
15D;
"authorized person" means the person authorized by the Minister or
Departmental Head to exercise a power or discharge a duty or function under
this Act;
"child" includes a step child and lawfully adopted child;
"conveyance" means a vessel, aircraft and any other conveyance capable of being
used to convey persons;
"dependant" means, in relation to a person, the spouse of that person, not living
apart from that person under a decree of court or a deed of separation, and an
unmarried child of that person under the age of 16 years;
"entry" means—
(a) in the case of a person arriving in the country by sea or air at a
proclaimed port—leaving the precincts of that port; and
(b) in the case of any other arrival in the country—entry into the country by
land, sea or air,
but does not include an entry—
(c) made for the purposes of complying with this Act; or
(d) expressly or impliedly sanctioned by an officer for the purposes of an
enquiry or detention under this Act;
"entry permit" means an entry permit issued under Section 4—
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(a) which has not expired, been cancelled or become invalid; and
(b) which was not obtained or issued in consequence of fraud or
misrepresentation or the concealment or non-disclosure, whether
intentional or inadvertent, of a material fact or circumstance;
"holder" means, in relation to an entry permit, a person permitted by that entry
permit to enter the country;
"member of the crew" means a person employed in the working of a conveyance;
"officer" means—
(a) the Departmental Head; or
(b) an officer employed in the Migration and Citizenship Division of the
Department; or
(c) an officer for the purposes of the Customs Act 1951; or
(d) a District Officer; or
(e) a commissioned officer of the Police Force; or
(f) a person authorized by the Minister to perform consular duties on
behalf of the State outside the country;
"passenger" means a person carried in a conveyance, other than a member of the
crew;
"passport" includes a document of identity issued from official sources, whether
inside or outside the country, and having the characteristics of a passport;
"person in charge" means—
(a) in relation to a vessel—the master or person (except a pilot) having for
the time being control or charge; and
(b) in relation to an aircraft—the pilot; and
(c) in the case of any other conveyance—the person having for the time
being control or charge;
"precincts of the port" means that part of the port at which customs and
immigration formalities are conducted;
"proclaimed port" means—
(a) an aerodrome or a port within the meaning of the Customs Act 1951; or
(b) any place proclaimed by the Minister by notice in the National Gazette
to be a proclaimed port;
iii
"refugee" means a non-citizen—
(a) permitted to remain in Papua New Guinea pending his settlement
elsewhere; or
(b) determined by the Minister to be a refugee;
iv
"relocation centre" means a place declared to be a relocation centre under Section 15B;
"repealed Act" means the Act specified in Schedule 1;
"removal order" means an order made under Section 12(1);
"this Act" includes the regulations;
"vessel" includes a ship or boat or other description of craft used in navigation.
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(a) if he arrived by vessel and is still aboard the vessel—shall not disembark; or
(b) if he arrived by vessel and disembarked for the purpose of appearing before
the officer—
(i) shall return to the vessel; or
(ii) if the vessel has sailed—
(A) shall not depart from the precincts of the port except to a place
approved by an officer; and
(B) shall leave the country by the first available means in accordance
with any instructions given by an officer.
(4) A person refused permission to enter the country after appearing before an
officer in accordance with Subsection (1)—
(a) if he arrived by aircraft—shall return to the aircraft; or
(b) if he arrived by aircraft and the aircraft has departed or there is not room on it
for him—
(i) shall not depart from the precincts of the port except to a place
approved by an officer; and
(ii) shall leave the country by the first available means in accordance with
any instructions given by an officer.
10. Prevention of unlawful presence.
(1) An officer shall prevent a person from entering or remaining in the country in
contravention of this Act.
(2) Where a person has entered or remained in the country in contravention of this
Act, an officer shall—
(a) return that person to the conveyance in which he arrived in the country and
keep him there until its departure from the country; or
(b) obtain a removal order in respect of that person; or
(c) arrest that person and keep him in custody pending his prosecution under this
Act.
11. Power to interrogate.
(1) An officer may interrogate a person whose presence in the country he reasonably
believes to be unlawful.
(2) A person interrogated by an officer acting in accordance with Subsection (1)
shall—
(a) fully and truthfully answer all questions put to him which tend, directly or
indirectly, to establish his identity, nationality or occupation; and
(b) disclose and produce to the officer all documents in his possession or under
his control relating to those matters.
(3) All answers given or documents produced in accordance with Subsection (2)
shall be admissible in evidence in proceedings under this Act against the person making
or producing them.
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16. Offences.
(1) A person who—
(a) enters or remains in the country in contravention of this Act; or
(b) aids or abets or incites a person to enter or remain in the country in
contravention of this Act; or
(c) harbours a person whom he knows or has reasonable grounds for believing is
acting or has acted in contravention of this Act; or
(d) disobeys or disregards an obligation imposed on him under or by virtue of
this Act; or
(e) makes or causes to be made a false return, false statement, false
representation, or wilfully withholds any relevant fact or information in
connection with an obligation imposed on him under or by virtue of this Act;
or
(f) resists or obstructs, actively or passively, an authorized person, officer or
other person exercising a duty under this Act; or
(g) wilfully and without lawful excuse hinders or obstructs the removal of a
person from the country in accordance with this Act; or
(h) gives, sells or lends a passport, or entry permit to another person in order that
it may be used in contravention of this or any other Act; or
(i) uses for any purpose a passport or entry permit issued to another person; or
(j) makes or causes to be made a false declaration for the purpose of obtaining an
entry permit for himself or any other person; or
(k) without lawful authority has in his possession or uses a forged, unlawfully
altered, or irregular passport or entry permit or a passport or entry permit in
which an endorsement has been forged or unlawfully altered; or
x
(l) hinders or obstructs a police officer acting in pursuance of a direction under
Section 15C(1),
is guilty of an offence.
xi
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21. Repatriation.
If the Minister is satisfied that a person, other than a citizen—
(a) is destitute, infirm or mentally incapable; and
(b) is unable to pay the cost of his passage and of the passage of any dependant to
the country of his birth or citizenship or to a country, the government of
which is prepared to receive him and any dependant; and
(c) is willing to be repatriated,
he may authorize the repatriation of the person and any dependant at the expense of the
State, subject to any conditions he thinks fit to impose.
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the report relates and brief details of the reasons for the removals; and
(c) the number of persons repatriated by him during the period to which the
report relates and brief details of the reasons for the repatriations.
xii
23. Regulations.
The Head of State, acting on advice, may make regulations not inconsistent with this
Act, prescribing all matters that by this Act are required or permitted to be prescribed or
that are necessary or convenient to be prescribed for carrying out or giving effect to this
Act and in particular for the purposes of prescribing—
(a) the forms to be used for the purposes of this Act; and
(b) the deposit or security to be made or given in respect of a person seeking to
enter or remain in the country; and
(c) the returns which the person in charge, the owner or his agent, of a
conveyance entering or leaving the country from or for another country shall
give in respect of the members of the crew and passengers on board that
conveyance; and
(ca) fees for services performed under this Act by authorized persons, whether
those services are performed within or outside Papua New Guinea, and
making provision for exemption from the payment of such fees; and
xiii
(d) penalties of fines not exceeding K5,000.00 or imprisonment for a term not
exceeding six months for offences against the regulations; and
xiv
(e) rules and procedures for the proper management and operation of relocation
centres; and
xv
(f) authority to an Administrator to issue written instructions concerning procedures
in a relocation centre.
i
Section 1 end line repealed and replaced by Migration Amendment) Act 1989 (No. 10 of 1989), s2.
ii
Definition "Administrator" inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s3(a).
iii
Definition "refugee" inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s3(b).
iv
Definition "relocation centre" inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s3(b).
v
Section 3 repealed and replaced by Migration (Amendment) Act 1996 (No. 15 of 1996), s1.
vi
Section 15A inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s4.
vii
Section 15B inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s5.
viii
Section 15C inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s6.
ix
Section 15D inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s7.
x
Section 16(1)(l) inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s8.
xi
Penalty of s16(1) amended by Migration (Amendment) Act 1996 (No. 15 of 1996), s2.
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xii
Amended by No. 15 of 1982.
xiii
Section 23(d) amended by Migration (Amendment) Act 1996 (No. 15 of 1996), s3.
xiv
Section 23(e) inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s9.
xv
Section 23(f) inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s9.
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(iii) where the application is made on or before the expiry of the entry
permit extension of which is sought—the prescribed extension
application fee; and
(iv) where the application is made after the expiry of the entry permit
extension of which is sought—the prescribed late extension application
fee.
(2) A permit extending the period of validity of an entry permit shall be in Form 5
and shall be stamped in the holder's passport.
iv
3A. Changes of employment or status.
(1) The holder of an entry permit who—
(a) wishes to change the status of the entry permit by reason of—
(i) being a legally dependent spouse with teaching, medical or other
essential qualifications wishes to obtain employment; or
(ii) having while in the country changed his marital status; or
(b) being the holder of an entry permit allowing employment with a named
employer—
(i) having completed or being deemed to have completed his contractual
commitment to that employer wishes to obtain employment with
another employer; or
(ii) is affected by a legal change of name of the employer,
wishes the entry permit changed in respect of the name of the employer,
may apply for a change of status of the entry permit or change of name of the employer in
the entry permit, as the case may be.
(2) An application under Subsection (1) shall be—
(a) in writing; and
(b) submitted to an authorized person; and
(c) accompanied by—
(i) the passport of the applicant; and
(ii) suitable documentary evidence concerning the change giving rise to the
application; and
(iii) the prescribed fee.
4. Holder of entry permit to enter within six months.
Unless an authorized person otherwise directs, an entry permit issued to a person not
in the country at the time of issue shall become invalid unless the holder enters the
country within six months of the issue of the permit.
5. Entry permit exemption stamp.
The stamp which may be placed in the passport of a person permitted to enter and
remain in the country without an entry permit shall be in Form 6.
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6. Arrival cards.
(1) A person entering the country from another country shall—
(a) on arrival, complete an arrival card and hand it to an officer; or
(b) before arrival, complete an arrival card and hand it to a member of the crew
of the conveyance on which travel to the country is being made.
(2) An arrival card shall be in Form 7.
7. Departure cards.
(1) A person leaving the country for another country shall before leaving complete a
departure card and hand it to an officer.
(2) A departure card shall be in Form 8.
8. Return in respect of person failing to continue his journey.
The person in charge, or the owner or his agent, of a conveyance which brings to the
country a passenger whose destination is outside the country, shall, before that
conveyance leaves the country, inform an officer at a proclaimed port if that passenger
fails to return to the conveyance to continue the journey.
9. Return in respect of absent crew member.
The person in charge, or the owner or his agent, of a conveyance which is leaving the
country for another country shall, before that conveyance leaves the country, inform an
officer at a proclaimed port if a member of the crew has failed to return to the
conveyance.
10. Requirement of onward ticket, etc.
(1) An officer may require a person seeking to enter or remain in the country—
(a) to produce to him a ticket entitling that person to a confirmed passage by sea
or air to another country, together with evidence of authority to enter that
country; and
(b) to possess that ticket at all times until he leaves the country.
(2) For the purpose of guaranteeing compliance with Subsection (1)(b) an officer
may stamp a ticket with a stamp in Form 9.
(3) A person who, without the consent of an officer or authorized person—
(a) cancels, varies, or transfers a ticket stamped in accordance with Subsection
(2); or
(b) accepts a cancellation, or allows a variation or transfer of a ticket stamped in
accordance with Subsection (2); or
(c) obtains or gives a refund in respect of a ticket stamped in accordance with
Subsection (2),
is guilty of an offence.
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(1) An officer or authorized person may require a person seeking to enter or remain
in the country to deposit a sum not exceeding K1,000.00 with the State.
(2) A sum, or its balance, deposited under Subsection (1), shall be refunded when an
officer or authorized person considers it is no longer necessary to retain it.
12. Requirement for maintenance guarantee.
(1) An officer or authorized person may, in respect of a person seeking to enter or
remain in the country, require some other person to enter into a maintenance guarantee,
with or without sureties, in a sum not exceeding K1,000.00.
(2) A maintenance guarantee shall be in Form 10.
(3) A maintenance guarantee shall remain enforceable until an officer or authorized
person is satisfied that the State can incur no liability in respect of a person covered by it.
(4) A maintenance guarantee shall have effect notwithstanding that it is under the
hand of the guarantor and not sealed.
13. Offences and penalties.
(1) A person who fails to comply with an obligation under this Regulation is guilty
of an offence.
v
(2) The penalty for an offence under this Regulation is a fine not exceeding
K5,000.00 or imprisonment for a term not exceeding six months.
SCHEDULE 1.
PAPUA NEW GUINEA.
Migration Act.
vi
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the purpose and period stated in the and Employment, an immigrant cannot
application. engage in any form of employment
whether paid or unpaid, unless prior
approval is given by the Department of
The main conditions for issue of Labour and Employment to the
permits that are common to all prospective employer, upon written
applicants are that they must have request.
accommodation available, be not
adversely recorded from a security An immigrant who is employed or
point of view, be of good character, accepts employment without approval
and be physically and mentally healthy. by the Department of Labour and Employment,
becomes a prohibited immigrant and
is liable for prosecution and deportation.
An entry permit may be cancelled at Regular inspections are carried out by
any time. inspectors under the Act in Papua
New Guinea to ensure these requirements
are observed.
TOURISTS/VISITORS
Tourists and visitors can obtain entry
permits for up to two months, WARNING:
provided they satisfy the general Persons who do not observe the following
conditions mentioned above and requirements are liable to heavy penalties
under Papua New Guinea Immigration
(a) have a return or onward airline ticket Law.
to a destination beyond Papua New 1) Entry permit holders must ensure that
Guinea and authority to enter therein; they always have a valid permit
and passport.
(b) have funds to maintain themselves Holders of expired or cancelled entry
(K300.00 a month) or will be maintained permits are prohibited immigrants
by relatives; and may be deported
2) The Migration Act 1978 lays down
(c) they do not engage in any form penalties for persons who deliver or
of employment whether paid or unpaid; otherwise furnish for official purposes
and of the government, documents containing
information or statements that are false
(d) any other conditions that may be or misleading.
imposed on arrival
OTHER NON-WORKING ENTRANTS
Persons entering for entertainment,
research, filming, journalism, aid or
religious purposes must state the
ADDRESSES:
AUSTRALIA: Queensland: NEW ZEALAND: FIJI: USA:
Papua New Guinea PNG High Commission Papua New Guinea Papua New Guinea
Consulate 279 Willis Street Embassy Embassy
15 Lake Street PO Box 197 PO Box 2447 1615 New Hampsire
PO Box 8114 WELLINGTON SUVA Avenue Suite 300
CAIRNS QLD 4870 WASHINGTON DC
20009
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BRISBANE QLD 4001 4-28 Mita 1-Chome LONDON Jalan Jendral Sudirman 1
TOKYO SW1R 4AR JAKARTA 10270
New South Wales and all other SOLOMON ISLANDS: SINGAPORE: ALL OTHER COUNTRIES:
States: Papua New Guinea High Papua New Guinea The nearest Australian
PNG Consulate General Commission High Commission Diplomatic Mission
100 Clarence Street PO Box 1109 300 Beach Road #31-05
PO Box 4201 HONIARA The Concourse
SYDNEY NSW 2001 SINGAPORE 0719
Form 1
Department of Foreign Affairs and Trade
APPLICATION FOR ENTRY PERMIT
INSTRUCTIONS OFFICE USE ONLY
1 Please read the notes on the rear of this Date Received: / / By:
form before completing the form. File No: Group:
2 A separate form is required for each person Receipt: ICD Clear:
seeking entry to PNG who is travelling on their EPIS Registered on: / /
own passport Where the application is in respect Decision: /
of a child under 16 years of age, both parents Applicant Notified on: / /
must sign the application.
3 Please write legibly or use a typewriter and
answer all questions as fully as possible.
4 The completed form and the applicant's
passport should be sent to one of the addresses
on the reverse of this form.
TICK THE PURPOSE AND CIRCLE A DESCRIPTION OF YOUR VISIT TO PNG:
Visitor Working Resident
Tourist Tour Package Journalist Business person/Investor Short-term Employment
Tourist Own Itinerary Yachts person Employment Consultant/Specialist
Visiting Relative Working Dependant Dependant of Citizen
Business Student
Short term Multiple Entry Formal Education Occupational Trainee.
Entertainer Special Exemption Melanesian Spearhead
Commercial Foreign Official Diplomat
Film-maker Comedian Musician Aid Worker/Volunteer Researcher/Academic
Charity Film-maker Religious Worker
(Non-commercial)
Gospel Group Cultural Exchange Emergency Relief Worker Sportsperson
Medical Domestic Worker
Accompanying another applicant as a dependent on my own passport
Days: Months: Years:
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Permit No.:
Subject to the Migration Act and to the following conditions, permission is given to
(name of holder) to enter and remain in Papua New Guinea from (date of commencement)
to (date of expiry).
Conditions of entry (specify):
Particulars of holder (if required):—
Place of birth:
Fix here passport size photo of holder.
Date of birth:
Sex:
Distinguishing features:
Usual occupation:
Address in Papua New Guinea:
Dependants—
Full name of wife:
Place of birth of wife:
Date of birth of wife:
Number of children:
Names and sex of children:
Valid for single entry only.
Place of issue:
Dated . . . , 20 . . . .
Authorized person.
I (full name of holder) undertake to abide by the conditions of this permit.
(Signature of Holder.).
Witness:
Address:
Occupation:
Dated . . . , 20 . . . .
PAPUA NEW GUINEA.
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1. A separate form is required for each person seeking an Date Received: / / By:
extension to an entry permit who has their own passport.
Where the application is in respect of a child under 16 File No:______ Group:_______
years of age, both parents must sign the application.
2. Please write legibly or use a typewriter and answer all Receipt:__________________
questions as fully as possible.
3. The completed form and the applicant's passport should be EPRS Registered on: / /
sent to: The Director General
Immigration and Citizenship Division Decision: / /
P O Box 422
WAIGANI Applicant Notified on: / /
PERSONAL DETAILS:
Family Name Given Names
___________________________ ______________________________
Date of Birth Sex Marital Status
_______________ Male Never Married Married
Day Month Year
Female Widowed Divorced
Country of Birth Nationality
______________ __________________________
Passport Number Expiry Date
______________ __________________________
Day Month Year
Days Months: Years:
HOW LONG DO YOU WISH TO STAY IN PNG: __________ or_______ or________
PLEASE STATE THE REASON YOU NEED AN EXTENSION:
__________________________________________________________________________
EXISTING ENTRY PERMIT DETAILS:
Entry Permit Number Entry Permit Expiry Date Date of last entry into PNG:
day Month Year Day Month Year
Entry Permit Type Entry Permit Class
________________________ _______________________________________________
Date of Issue Place of Issue
________________________ ______________________________
Day Month Year
ADDRESS WHILE IN PNG:
Number and Street
_________________________________________________________________________
Town/Village Province
_______________________ _______________________________
Postal Address Home Telephone Business Telephone
_______________________ ___________________ _________________________
ADDRESSES:
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RESIDENTIAL:
Number and Street
_________________________________________________________________________
Suburb/Town State/Province Postcode
_______________________ _______________________ ___________________
Country Home Telephone Business Telephone
_______________________ _______________________ ___________________
PNG:
Number and Street
_________________________________________________________________________
Town/Village Province
_____________________ ______________________________________________
Postal Address Home Telephone Business Telephone
_________________________ _________________________ ___________________
EMERGENCY CONTACT:
Family name Given Names Relationship to Applicant
_________________ ___________________ ______________________________
Contact Address Number and Street
_________________________________________________________________________
Suburb/Town State/Province Postcode
___________________ ____________________ _______________________________
Country Home Telephone Business Telephone
___________________ ____________________ _______________________________
DECLARATION:
By signing this form, I, ..................... declare that the information provided on the form is true and correct,
and that I have disclosed all information that may be relevant to determining whether I should be granted
an entry permit to travel to and stay in Papua New Guinea.
PHOTOGRAPH
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How will you be funding your continued stay in PNG?: Salary Company sponsor
Own funds Family
ORGANISATIONAL SPONSOR/EMPLOYER (IF APPLICABLE)
Organisation Name Agent
_______________________ ______________________________________________
Lot and Section No
_________________________________________________________________________
Town/Village Province
______________________ ______________________________________________
Postal Address Telephone Facsimile
_______________________ _____________________ _____________________
If you have changed your name, are known by an alias, or own another passport, please provide details:
PREVIOUS NAME/ALIAS DETAILS:
Family Name Given Names Date of Birth Sex Marital Status
_______________ ___________________ _______________ __________________
OTHER PASSPORTS:
Country of Issue Passport Number Passport Expiry Date
_______________ __________________________ ___________________
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i
Section 1 repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s1.
ii
Section 2
• Section 2(c) added by Migration (Amendment) Regulation 1989 (No. 18 of 1989).
• Repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s2.
iii
Section 3 repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s3.
iv
Section 3A inserted by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s4.
v
Section 13(2) amended by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s5.
vi
Form 1 repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s6.
vii
Form 4 repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s6.
viii
Amended by No. 10 of 1982.
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