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INDEPENDENT STATE OF PAPUA NEW GUINEA.

Discriminatory Practices Act 1963,

Being an Act to prohibit certain discriminatory practices, and for other purposes.

1. Interpretation.

In this Act, unless the contrary intention appears—

"discriminatory practice" means discrimination either of an adverse or of a preferential kind practiced by a person or group of persons against or in favour of another person or group of persons for reasons only of colour, race or ethnic, tribal or national origin, and in particular includes—

(a) the setting aside of portion of any premises, vessel, aircraft or vehicle the subject of a licence for the exclusive use of persons or a class of persons of a certain colour, race or ethnic, tribal or national origin; and

(b) the failure to attend to persons in the order that those persons enter or approach any premises, vessel, aircraft or vehicle the subject of a licence; and

(c) the selling or buying of goods at different prices or on different terms to different persons or classes of persons; and

(d) a course of conduct which—

(i) distinguishes between persons or classes of persons of differing colours, races or ethnic, tribal or national origins; and

(ii) may reasonably be expected to result in mental distress or suffering by a person or a member of that class of persons;

"licence" means—

(a) a licence under the Liquor (Licensing) Act 1963; or

(b) a licence under the Food Sanitation Act 1991; or

(c) a trader's licence or pedlar's licence under the Licences Act (T.N.G.) 1952; or

(d) a licence under the Agents for Natives Regulation (T.N.G.); or

(e) a licence to keep a place of entertainment under the Places of Entertainment Regulation (T.N.G.) 1952; or

(f) a licence for a place of public entertainment under the Places of Entertainment Act (Papua) 1952; or

(g) a licence under the Trading Act 1949; or

(h) [Repealed].

(i) a permit or special permit under the Copra Act 1952;or

(j) a registration under Section 26 of the Cocoa Act 1981;or

(k) an exemption under Section 6 of the Transactions with Natives Act 1958 (Adopted); or

(l) a licence under the Public Health (Barbers' Shops) Regulation 1973; or

(m) a motor omnibus licence, public motor vehicle licence, private hire car licence, or taxi-cab licence within the meaning of the Motor Traffic Act 1950; or

(n) any other prescribed licence, permit or authority to buy, sell or deal or trade in goods,

and, where a business licensing rule has been made under the Business Licences Act 1971, providing for a business licence that is the equivalent of a licence, permit, registration, exemption or authority referred to in the preceding provisions of this definition, includes that business licence;

"meeting" means a meeting held for the purpose of the discussion of matters of public interest or for the purpose of the expression of views on such matters;

"public meeting" includes a meeting in a public place, and a meeting that the public or any section of it are permitted to attend, whether on payment or otherwise;

"public place" means any highway, public park or garden, beach or public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not, and includes any open space to which, for the time being, the public have access, whether on payment or otherwise;

"publish or distribute" means publish or distribute to the public at large or to any section of the public not consisting exclusively of members of an association of which the person publishing or distributing is a member;

"written matter" includes any writing, sign or visible representation (whether in the form of words, photographs, drawings or otherwise).

2. Prohibition of discrimination.

(1) The holder of a licence who without reasonable excuse, (proof of which is on him) carries out a discriminatory practice, or causes or permits a discriminatory practice to be carried out, in or in connection with or incidental to—

(a) the business the subject of the licence; or

(b) the use of, or on, any premises, vessel, aircraft or vehicle the subject of the licence or used by virtue of the licence for the purposes of the business,is guilty of an offence.

Penalty: A fine not exceeding K200.00.

(2) An offence against Subsection (1) shall not be deemed to have been committed where the conduct in question was required for the purpose of complying with a law.

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