PNG Constitution PDF
PNG Constitution PDF
PNG Constitution PDF
CONSTITUTION
of
THE INDEPENDENT STATE OF PAPUA NEW GUINEA.
PREAMBLE.
Adoption of Constitution.
WE, THE PEOPLE OF PAPUA NEW GUINEA—
• united in one nation
• pay homage to the memory of our ancestors—the source of our strength and
origin of our combined heritage
• acknowledge the worthy customs and traditional wisdoms of our people—
which have come down to us from generation to generation
• pledge ourselves to guard and pass on to those who come after us our noble
traditions and the Christian principles that are ours now.
By authority of our inherent right as ancient, free and independent peoples
WE, THE PEOPLE, do now establish this sovereign nation and declare ourselves, under
the guiding ha nd of God, to be the Independent State of Papua New Guinea.
AND WE ASSERT, by virtue of that authority
• that all power belongs to the people—acting through their duly elected
representatives
• that respect for the dignity of the individual and community interdependence
are basic principles of our society
• that we guard with our lives our national identity, integrity and self respect
• that we reject violence and seek consensus as a means of solving our common
problems
• that our national wealth, won by ho nest, hard work be equitably shared by all
WE DO NOW THEREFORE DECLARE
that we, having resolved to enact a Constitution for the Independent State of Papua
New Guinea
AND ACTING through our Constituent Assembly on 15 August 1975
HEREBY ESTABLISH, ADOPT and GIVE TO OURSELVES this Constitution to come
into effect on Independence Day, that is 16 September 1975.
IN SO DOING WE, THE PEOPLE OF PAPUA NEW GUINEA, SET BEFORE
OURSELVES THESE NATIONAL GOALS AND DIRECTIVE PRINCIPLES THAT
UNDERLIE OUR CONSTITUTION:—
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development; and
(7) active steps to be taken to facilitate the organization and legal recognition of
all groups engaging in development activities; and
(8) means to be provided to ensure that any citizen can exercise his personal
creativity and enterprise in pursuit of fulfilment that is consistent with the
common good, and for no citizen to be deprived of this opportunity because
of the predominant position of another; and
(9) every citizen to be able to participate, either directly or through a
representative, in the consideration of any matter affecting his interests or the
interests of his community; and
(10) all persons and governmental bodies of Papua New Guinea to ensure that,
as far as possible, political and official bodies are so composed as to be
broadly representative of citizens from the various areas of the country; and
(11) all persons and governmental bodies to endeavour to achieve universal
literacy in Pisin, Hiri Motu or English, and in "tok ples" or "ita eda tano
gado"; and
(12) recognition of the principles that a complete relationship in marriage rests
on equality of rights and duties of the partners, and that responsible
parenthood is based on that equality.
3. National sovereignty and self-reliance.
We declare our third goal to be for Papua New Guinea to be politically and
economically independent, and our economy basically self-reliant.
WE ACCORDINGLY CALL FOR—
(1) our leaders to be committed to these National Goals and Directive Principles,
to ensure that their freedom to make decisions is not restricted by obligations
to or relationship with others, and to make all of their decisions in the
national interest; and
(2) all governmental bodies to base their planning for political, economic and
social development on these Goals and Principles; and
(3) internal interdependence and solidarity among citizens, and between
provinces, to be actively promoted; and
(4) citizens and governmental bodies to have control of the bulk of economic
enterprise and production; and
(5) strict control of foreign investment capital and wise assessment of foreign
ideas and values so that these will be subordinate to the goal of national
sovereignty and self-reliance, and in particular for the entry of foreign capital
to be geared to internal social and economic policies and to the integrity of
the Nation and the People; and
(6) the State to take effective measures to control and actively participate in the
national economy, and in particular to control major enterprises engaged in
the exploitation of natural resources; and
(7) economic development to take place primarily by the use of skills and
resources available in the country either from citizens or the State and not in
dependence on imported skills and resources; and
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(8) the constant recognition of our sovereignty, which must not be undermined
by dependence on foreign assistance of any sort, and in particular for no
investment, military or foreign-aid agreement or understanding to be entered
into that imperils our self-reliance and self- respect, or our comm itment to
these National Goals and Directive Principles, or that may lead to substantial
dependence upon or influence by any country, investor, lender or donor.
4. Natural resources and environment.
We declare our fourth goal to be for Papua New Guinea's natural resources and
environment to be conserved and used for the collective benefit of us all, and be
replenished for the benefit of future generations.
WE ACCORDINGLY CALL FOR—
(1) wise use to be made of our natural resources and the environment in and on
the land or seabed, in the sea, under the land, and in the air, in the interests of
our development and in trust for future generations; and
(2) the conservation and replenishment, for the benefit of ourselves and posterity,
of the environment and its sacred, scenic, and historical qualities; and
(3) all necessary steps to be taken to give adequate protection to our valued birds,
animals, fish, insects, plants and trees.
5. Papua New Guinean ways.
We declare our fifth goal to be to achieve development primarily through the use of
Papua New Guinean forms of social, political and economic organization.
WE ACCORDINGLY CALL FOR—
(1) a fundamental re-orientation of our attitudes and the institutions of
government, commerce, education and religion towards Papua New Guinean
forms of participation, consultation, and consensus, and a continuous renewal
of the responsiveness of these institutions to the needs and attitudes of the
People; and
(2) particular emphasis in our economic development to be placed on small-scale
artisan, service and business activity; and
(3) recognition that the cultural, commercial and ethnic diversity of our people is
a positive strength, and for the fostering of a respect for, and appreciation of,
traditional ways of life and culture, including language, in all their richness
and variety, as well as for a willingness to apply these ways dynamically and
creatively for the tasks of development; and
(4) traditional villages and communities to remain as viable units of Papua New
Guinean society, and for active steps to be taken to improve their cultural,
social, economic and ethical quality.
Basic Rights.
WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on
non-citizens, all persons in our country are entitled to the fundamental rights and
freedoms of the individual, that is to say, the right, whatever their race, tribe, places of
origin, politica l opinion, colour, creed or sex, but subject to respect for the rights and
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freedoms of others and for the legitimate public interest, to each of the following:—
(a) life, liberty, security of the person and the protection of the law; and
(b) the right to take part in political activities; and
(c) freedom from inhuman treatment and forced labour; and
(d) freedom of conscience, of expression, of information and of assembly and
association; and
(e) freedom of employment and freedom of movement; and
(f) protect ion for the privacy of their homes and other property and from unjust
deprivation of property,
and have accordingly included in this Constitution provisions designed to afford
protection to those rights and freedoms, subject to such limitations on that protection as
are contained in those provisions, being limitations primarily designed to ensure that the
enjoyment of the acknowledged rights and freedoms by an individual does not prejudice
the rights and freedoms of others or the legitimate public interest.
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(1) An Organic Law may declare, or make provision in respect of the declaration of,
part of the country as provinces.
(2) An Organic Law may provide for, or make provision in respect of, the creation
of new provinces by the amalgamation or division of existing provinces or for the
variation of the boundaries of a province.
6. Declaration of Loyalty.
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This Constitution may be altered only by law made by the Parliament that—
(a) is expressed to be a law to alter this Constitution; and
(b) is made and certified in accordance with Section 14 (making of alterations to
the Constitution and Organic Laws).
14. Making of alterations to the Constitution and Organic Laws.
(1) Subject to Sect ions 12(3) (Organic Laws) and 15 (urgent alterations), a
proposed law to alter this Constitution, or a proposed Organic Law, must be supported on
a division in accordance with the Standing Orders of the Parliament by the prescribed
majority of votes determined in accordance with Section 17 ("prescribed majority of
votes" ) expressed on at least two occasions after opportunity for debate on the merits.
(2) Subject to Section 15 (urgent alterations), the opportunities for debate referred
to in Subsection (1) must have been—
(a) during different meetings of the Parliament; and
(b) separated in time by at least two months,
and the proposed law must be published by the Speaker in full in the National G azette,
and circulated, in accordance with the Standing Orders of the Parliament, to all members
of the Parliament not less than one month before it is formally introduced into the
Parliament.
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(6) Unless the Parliament decides otherwise in any particular case, Subsection (1)
does not apply where the Speaker, after consultation with the Chief Justice or a Judge
nominated by the Chief Justice for the purpose, certifies that the proposed law—
(a) does not affect the substance of any provision to be altered by it; or
(b) is designed to correct a self-evident error or omission; or
(c) is merely incidental to or consequential on some other alteration of this
Constitution or of any other law,
and such a law may be made in the same way as Acts of the Parliament.
(7) The Supreme Court may, on the application of any person made within four
weeks after the date of a certificate under Subsection (6) or such further time as a Judge,
on application made within that period, considers reasonable in the particular
circumstances, disallow the certificate, but otherwise the certificate is conclusive.
15. Urgent alterations.
(1) The provisions of this section cease to have effect at the first moment of the
fourth anniversary of Independence Day.
(2) Subject to Subsection (5), the requirements of Section 14(2) (making of
alterations to the Constitution and Organic Laws) may be waived, on the ground of
urgency, by the Parliament by a division in accordance with the Standing Orders of the
Parliament by a two-thirds absolute majority vote.
(3) The requirements of Section 14(2) (making of alterations to the Constitution and
Organic Laws) shall not be waived under Subsection (2) unless—
(a) at least four days' notice of the intention in accordance with the Standing
Orders of the Parliament to invoke Subsection (2) has been given; and
(b) the proposed law has been circulated, in accordance with the Standing Orders
of the Parliament, to all members of the Parliament and published in full by
the Speaker in the National Gazette at least four days before the motion to
invoke Subsection (2) is moved; and
(c) the opportunities for debate referred to in Section 14(1) (making of
alterations to the Constitution and Organic Laws) have been separated in
time by at least two weeks, but not necessarily during different meetings of
the Parliament.
(4) Amendments to a proposed law to amend this Constitutio n or a proposed
Organic Law to which this section applies shall not be moved unless they have been
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circulated to members of the Parliament before the end of the first debate on the matter.
(5) This section does not apply to proposed laws to alter the follo wing provisions of
this Constitution, or Organic Laws made for the purposes of any such provision:—
(a) this section;
(b) the Preamble;
(c) Division II.2. (Constitutional Laws);
(d) Division III.1. (National Goals and Directive Principles);
(e) Division III.2. (leadership code);
(f) Division III.3. (basic rights);
(g) Division III.5. (basic social obligations);
(h) Part IV. (citizenship );
(i) Division VI.2. (the National Parliament);
(j) Division VI.3. (special instances of the legislative powers);
(k) Division VI.5. (the administration of justice);
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(ka) Part VIA. (provincial government and local level government);
(l) Division VII.2. (the Public Services Commission);
(m) Division VII.4. (special provisions in relation to the Police Force);
(n) Division VII.5. (special provisions in relation to the Defence Force);
(o) Part VIII. (supervision and control);
(p) Part IX. (constitutional office-holders and constitutional institutions);
(q) Part X. (emergency powers ).
16. Indirect alterations.
(1) No Constitutional Law takes effect so as to affect the operation of any provision
of such a law in force immediately before the commencement of the first-mentioned law
unless it was made in the manner and form required for the alteration of that provision.
(2) For the avoidance of doubt, it is hereby declared that Subsection (1) extends to
Schedule 1 (Rules for Shortening and Interpretation of the Constitutional Laws) in its
application to any provision of this Constitution.
17. "Prescribed majority of votes".
(1) Subject to this section, in relation to a proposed law to alter any provision of this
Constitution the prescribed majority of votes for the purposes of Section 14 (making of
alterations to the Constitution and Organic Laws) is the majority of votes prescribed by
this Constitution in relation to that provision, or if no majority is prescribed a two-thirds
absolute majority vote.
(2) For the purposes of Subsection (1) the prescribed majority of votes for this
subsection, Sections 3, 6, 8, 20, 21, 23, 24, 26 to 31 (inclusive), 63, 68, 69, 73, 77 to 98
(inclusive), 101, 103, 104, 110, 117, 138, 139, 150, 156, 165, 167, 171, 184 to 187
(inclusive), 206, 248 to 252 (inclusive), 264 to 268 (inclusive), Sch.1.21, Sch.2.1 to
Sch.2.14 (inclusive), Schedules 3, 4 and 5 is an absolute majority.
(3) For the purposes of Subsection (1) the prescribed majority of votes for this
subsection, Sections 35, 36, 50, 57, 105, 106, 109, 113, 125, 126, 155, 157, 160, 163,
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217, 235, 239, 243, 244, 245 and 269 is a three-quarters absolute majority.
(4) Subject to this section, for the purpose of a proposed law to add a new provision
to this Constitution the prescribed majority of votes is the same as the prescribed majority
of votes that would be required to alter that provision if it was already enacted.
(5) Subject to Section 12(3) (Organic Laws), in relation to a proposed Organic Law
the prescribed majority of votes is —
(a) in the case of a proposed Organic Law to alter a provision of an Organic
Law—the same as the majority that would be required for the making of the
provision proposed to be altered; and
(b) in any other case—
(i) the majority of votes (not being less than an absolute majority)
prescribed by this Constitution for the making of the Organic Law; and
(ii) if no majority is prescribed, a two-thirds absolute majority.
(6) Where, by virtue of the operation of the preceding provisions of this section,
there are different prescribed majorities in relation to different provisions of a proposed
law, the prescribed majority of votes in relation to the law as a whole is the greatest of
those majorities.
(7) Nothing in this section prevents different majorities being prescribed in respect
of different aspects or subject- matters of a provision.
(8) No Organic Law may require a majority of votes for the alteration of a provision
of an Organic Law greater than that by which the first- mentioned law was made.
(9) Notwithstanding anything in this section, until 16 September 1980—
(a) for the purpose of a proposed law to add a new provision to this Constitution,
the prescribed majority of votes is an absolute majority; and
(b) for the purpose of making an Organic Law for which there was provision in
this Constitution when adopted the prescribed majority of votes is an absolute
majority.
Subdivision C.—Constitutional Interpretation.
18. Original interpretative jurisdiction of the Supreme Court.
(1) Subject to this Constitution, the Supreme Court has original jurisdiction, to the
exclusion of other courts, as to any question relating to the interpretation or application of
any provision of a Constitutional Law.
(2) Subject to this Constitution, where any question relating to the interpretatio n or
application of any provision of a Constitutional Law arises in any court or tribunal, other
than the Supreme Court, the court or tribunal shall, unless the question is trivial,
vexatious or irrelevant, refer the matter to the Supreme Court, and take whatever other
action (including the adjournment of proceedings) is appropriate.
19. Special references to the Supreme Court.
(1) Subject to Subsection (4), the Supreme Court shall, on application by an
authority referred to in Subsection (3), give its opinion on any question relating to the
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(1) The purpose of Schedule 2 (adoption, etc., of certain laws) and of the Act of the
Parliament referred to in Section 20 (underlying law and pre-Independence statutes) is to
assist in the development of our indigenous jurisprudence, adapted to the changing
circumstances of Papua New Guinea.
(2) For the purpose set out in Subsection (1), a Law Reform Commission shall be
established in accordance with Schedule 2 (adoption, etc., of certain laws), and certain
special responsibilities are imposed by that Schedule on the National Judicial System
(and in particular on the Supreme Court and the National Court) and on the Law Reform
Commission.
Division 4.—General.
22. Enforcement of the Constitution.
The provisions of this Constitution that recognize rights of individuals (including
corporations and associations) as well as those that confer powers or impose duties on
public authorities, shall not be left without effect because of the lack of supporting,
machinery or procedural laws, but the lack shall, as far as practicable, be supplied by the
National Court in the light of the National Goals and Directive Principles, and by way of
analogy from other laws, general principles of justice and generally-accepted doctrine.
23. Sanctions.
(1) Where any provision of a Constitutional Law prohibits or restricts an act, or
imposes a duty, then unless a Constitutional Law or an Act of the Parliament provides for
the enforcement of that provision the National Court may—
(a) impose a sentence of imprisonment for a period not exceeding 10 years or a
fine not exceeding K10 000.00; or
(b) in the absence of any other equally effective remedy under the laws of Papua
New Guinea, order the making of compensation by a person (including a
governmental body) who is in default,
or both, for a breach of the prohibition, restriction or duty, and may make such further
order in the circumstances as it thinks proper.
(2) Where a provision of a Constitutional Law prohibits or restricts an act or
imposes a duty, the National Court may, if it thinks it proper to do so, make any order
that it thinks proper for preventing or remedying a breach of the prohibition, restriction or
duty, and Subsection (1) applies to a failure to comply with the order as if it were a
breach of a provision of this Constitution.
(3) Where the National Court considers it proper to do so, it may include in an order
under Subsection (2) an anticipatory order under Subsection (1).
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(3) An Organic Law or an Act of the Parliament may declare any public office
(including an office in a provincial government or a local-level government body) to be
an office to and in relation to which this Division applies.
(4) In the event of doubt as to whether a person is a person to whom this Division
applies, the decision of the Ombudsman Commission is final.
27. Responsibilities of office.
(1) A person to whom this Division applies has a duty to conduct himself in such a
way, both in his public or official life and his private life, and in his associations with
other persons, as not—
(a) to place himself in a position in which he has or could have a conflict of
interests or might be compromised when discharging his public or official
duties; or
(b) to demean his office or position; or
(c) to allow his public or official integrity, or his personal integrity, to be called
into question; or
(d) to endanger or diminish respect for and confidence in the integrity of
government in Papua New Guinea.
(2) In particular, a person to whom this Division applies shall not use his office for
personal gain or enter into any transaction or engage in any enterprise or activity that
might be expected to give rise to doubt in the public mind as to whether he is carrying out
or has carried out the duty imposed by Subsection (1).
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(3) For the purposes of Subsections (1)(g), (1A) and (2), "the appropriate
authority"—
(a) in relation to—
(i) a person holding an office referred to in Section 26(1)(a), (b), (c) or (d)
(application of Division 2); or
(ii) a person holding an elective office that is declared under Section 26(3)
to be an office to and in relation to which this Division applies,
means the Head of State; and
(b) in relation to a person holding any other office to which this Division
applies— means the appropriate appointing authority.
(4) An Organic Law may provide for the suspension from office of a person to
whom this Division applies pending the investigation of any case of alleged or suspected
misconduct in office by him.
(5) Proceedings under Subsection (1)(g) are not judicial proceedings but are subject
to the principles of natural justice, and—
(a) no such proceedings are a bar to any other proceedings provided for by law;
and
(b) no other proceedings provided for by law are a bar to proceedings under that
paragraph.
29. Prosecution of misconduct in office.
(1) Where the Ombudsman Commission or other authority referred to in Section
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28(1)(f) (further provisions) is satisfied that there is a prima facie case that a person has
been guilty of misconduct in office, it shall refer the matter to the Public Prosecutor for
prosecution before a tribunal established under Section 28(1)(g) (further provisions).
(2) If the Public Prosecutor fails to prosecute the matter within a reasonable period,
the Commission may prosecute it in his stead.
30. Other authority.
Where another authority is prescribed under Section 28 (further provisions) that
authority—
(a) shall be composed of a person or persons who are declared under Section
221(1) (definitions) to be a constitutional office-holder; and
(b) is not subject to direction or control by any person or authority.
31. Disqualifications on dismissal.
(1) A person who has been dismissed from office under this Division for
misconduct in office is not eligible—
(a) to election to any elective public office; or
(b) for appointment as Head of State or as a nominated member of the
Parliament; or
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(1) Freedom based on law consists in the least amount of restriction on the activities
of individuals that is consistent with the maintenance and development of Papua New
Guinea and of society in accordance with this Constitution and, in particular, with the
National Goals and Directive Principles and the Basic Social Obligations.
(2) Every person has the right to freedom based on law, and accordingly has a legal
right to do anything that—
(a) does not injure or interfere with the rights and freedoms of others; and
(b) is not prohibited by law,
and no person—
(c) is obliged to do anything that is not required by law; and
(d) may be prevented from doing anything that complies with the provisions of
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Nothing in this Division derogates the rights and freedoms of the individual under any
other law and, in particular, an Organic Law or an Act of the Parliament may provide
further guarantees of rights and freedoms and may further restrict the limitations that may
be placed on, or on the exercise of, any right to freedom (including the limitations that
may be imposed under Section 38 (general qualifications on qualified rights)).
34. Application of Division 3.
Subject to this Constitution, each provision of this Division applies, as far as may be—
(a) as between individuals as well as between governmental bodies and
individuals; and
(b) to and in relation to corporations and associations (other than governmental
bodies) in the same way as it applies to and in relation to individuals,
except where, or to the extent that, the contrary intention appears in this Constitution.
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(2) The killing of a person in circumstances in which Section 35(1)(a) (right to life)
does not, of itself, contravene Subsection (1), although the manner or the circumstances
of the killing may contravene it.
37. Protection of the law.
(1) Every person has the right to the full protection of the law, and the succeeding
provisions of this section are intended to ensure that that right is fully available,
especially to persons in custody or charged with offences.
(2) Except, subject to any Act of the Parliament to the contrary, in the case of the
offence commonly known as contempt of court, nobody may be convicted of an offence
that is not defined by, and the penalty for which is not prescribed by, a written law.
(3) A person charged with an offence shall, unless the charge is withdrawn, be
afforded a fair hearing within a reasonable time, by an independent and impartial court.
(4) A person charged with an offence—
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(a) shall be presumed innocent until proved guilty according to law, but a law
may place upon a person charged with an offence the burden of proving
particular facts which are, or would be, peculiarly within his knowledge; and
(b) shall be informed promptly in a language which he understands, and in detail,
of the nature of the offence with which he is charged; and
(c) shall be given adequate time and facilities for the preparation of his defence;
and
(d) shall be permitted to have without payment the assistance of an interpreter if
he cannot understand or speak the language used at the trial of the charge; and
(e) shall be permitted to defend himself before the court in person or, at his own
expense, by a legal representative of his own choice, or if he is a person
entitled to legal aid, by the Public Solicitor or another legal representative
assigned to him in accordance with law; and
(f) shall be afforded facilities to examine in person or by his legal representative
the witnesses called before the court by the prosecution, and to obtain the
attendance and carry out the examination of witnesses and to testify before
the court on his own behalf, on the same conditions as those applying to
witnesses called by the prosecution.
(5) Except with his own consent, the trial shall not take place in his absence unless
he so conducts himself as to render the continuance of the proceedings in his presence
impracticable and the court orders him to be removed and the trial to proceed in his
absence, but provision may be made by law for a charge that a person has committed an
offence the maximum penalty for which does not include imprisonment, (except in
default of payment of a fine), to be heard summarily in his absence if it is established that
he has been duly served with a summons in respect of the alleged offence.
(6) Nothing in Subsection (4)(f) invalidates a law which imposes reasonable
conditions that must be satisfied if witnesses called to testify on behalf of a person
charged with an offence are to be paid their expenses out of public funds.
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(7) No person shall be convicted of an offence on account of any act that did not, at
the time when it took place, constitute an offence, and no penalty shall be imposed for an
offence that is more severe in degree or description than the maximum penalty that might
have been imposed for the offence at the time when it was committed.
(8) No person who shows that he has been tried by a competent court for an offence
and has been convicted or acquitted shall again be tried for that offence or for any other
offence of which he could have been convicted at the trial for that offence, except upon
the order of a superior court made in the course of appeal or review proceedings relating
to the conviction or acquittal.
(9) No person shall be tried for an offence for which he has been pardoned.
(10) No person shall be compelled in the trial of an offence to be a witness against
himself.
(11) A determination of the existence or extent of a civil right or obligation shall not
be made except by an independent and impartial court or other authority prescribed by
law or agreed upon by the parties, and proceedings for such a determination shall be
fairly heard within a reasonable time.
(12) Except with the agreement of the parties, or by order of the court in the interests
of national security, proceedings in any jurisdiction of a court and proceedings for the
determination of the existence or extent of any civil right or obligation before any other
authority, including the announcement of the decision of the court or other authority,
shall be held in public.
(13) Nothing in Subsection (12) prevents a court or other authority from excluding
from the hearing of the proceedings before it persons, other than the parties and their
legal representatives, to such an extent as the court or other authority—
(a) is by law empowered to do and considers necessary or expedient in the
interests of public welfare or in circumstances where publicity would
prejudice the interests of justice, the welfare of persons under voting age or
the protection of the private lives of persons concerned in the proceedings; or
(b) is by law empowered or required to do in the interests of defence, public
safety or public order.
(14) In the event that the trial of a person is not commenced within four months of
the date on which he was committed for trial, a detailed report concerning the case shall
be made by the Chief Justice to the Minister responsible for the National Legal
Administration.
(15) Every person convicted of an offence is entitled to have his conviction and
sentence reviewed by a higher court or tribunal according to law.
(16) No person shall be deprived by law of a right of appeal against his conviction or
sentence by any court that existed at the time of the conviction or sentence, as the case
may be.
(17) All persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person.
(18) Accused persons shall be segregated from convicted persons and shall be subject
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(c) be made, and certified by the Speaker in his certificate under Section 110
(certification as to making of laws) to have been made, by an absolute
majority.
(3) The burden of showing that a law is a law that complies with the requirements of
Subsection (1) is on the party relying on its validity.
39. "Reasonably justifiable in a democratic society", etc.
(1) The question, whether a law or act is reasonably justifiable in a democratic
society having a proper regard for the rights and dignity of mankind, is to be determined
in the light of the circumstances obtaining at the time when the decision on the question
is made.
(2) A law shall not be declared not to be reasonably justifiable in a society having a
proper regard for the rights and dignity of mankind except by the Supreme Court or the
National Court, or any other court prescribed for the purpose by or under an Act of the
Parliament, and unless the court is satisfied that the law was never so justifiable such a
declaration operates as a repeal of the law as at the date of the declaration.
(3) For the purposes of determining whether or not any law, matter or thing is
reasonably justified in a democratic society that has a proper regard for the rights and
dignity of mankind, a court may have regard to—
(a) the provisions of this Constitution generally, and especially the National
Goals and Directive Principles and the Basic Social Obligations; and
(b) the Charter of the United Nations; and
(c) the Universal Declaration of Human Rights and any other declaration,
recommendation or decision of the General Assembly of the United Nations
concerning human rights and fundamental freedoms; and
(d) the European Convention for the Protection of Human Rights and
Fundamental Freedoms and the Protocols thereto, and any other international
conventions, agreements or declarations concerning human rights and
fundamental freedoms; and
(e) judgements, reports and opinions of the International Court of Justice, the
European Commission of Human Rights, the European Court of Human
Rights and other international courts and tribunals dealing with human rights
and fundamental freedoms; and
(f) previous laws, practices and judicial decisions and opinions in the country;
and
(g) laws, practices and judicial decisions and opinions in other countries; and
(h) the Final Report of the pre-Independence Constitutional Planning Committee
dated 13 August 1974 and presented to the pre-Independence House of
Assembly on 16 August 1974, as affected by decisions of that House on the
report and by decisions of the Constituent Assembly on the draft of this
Constitution; and
(i) declarations by the International Commission of Jurists and other similar
organizations; and
(j) any other material that the court considers relevant.
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(h) in the case of a person who is, or is reasonably suspected of being of unsound
mind, or addicted to drugs or alcohol, or a vagrant, for the purposes of—
(i) his care or treatment or the protection of the community, under an order
of a court; or
(ii) taking prompt legal proceedings to obtain an order of a court of a type
referred to in Subparagraph (i);
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(i) in the case of a person who has not attained the age of 18 years, for the purpose of
his education or welfare under the order of a court or with the consent of his guardian.
(2) A person who is arrested or detained—
(a) shall be informed promptly, in a language that he understands, of the reasons
for his arrest or detention and of any charge against him; and
(b) shall be permitted whenever practicable to communicate without delay and in
private with a member of his family or a personal friend, and with a lawyer of
his choice (including the Public Solicitor if he is entitled to legal aid); and
(c) shall be given adequate opportunity to give instructions to a lawyer of his
choice in the place in which he is detained,
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and shall be informed immediately on his arrest or detention of his rights under this
subsection.
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citizens.
(2) Subsection (1) does not prohibit reasonable action or provision for the
encouragement of persons to join industrial organizations or for requiring membership of
an industrial organization for any purpose.
49. Right to privacy.
Every person has the right to reasonable privacy in respect of his private and family
life, his communications with other persons and his personal papers and effects, except to
the extent that the exercise of that right is regulated or restricted by a law that complies
with Section 38 (general qualifications on qualified rights).
Special Rights of Citizens.
50. Right to vote and stand for public office.
(1) Subject to the express limitations imposed by this Constitution, every citizen
who is of full capacity and has reached voting age, other than a person who—
(a) is under sentence of death or imprisonment for a period of more than nine
months; or
(b) has been convicted, within the period of three years next preceding the first
day of the polling period for the election concerned, of an offence relating to
elections that is prescribed by an Organic Law or an Act of the Parliament for
the purposes of this paragraph,
has the right, and shall be given a reasonable opportunity—
(c) to take part in the conduct of public affairs, either directly or through freely
chosen representatives; and
(d) to vote for, and to be elected to, elective public office at ge nuine, periodic,
free elections; and
(e) to hold public office and to exercise public functions.
(2) The exercise of those rights may be regulated by a law that is reasonably
justifiable for the purpose in a democratic society that has a proper regard for the rights
and dignity of mankind.
51. Right to freedom of information.
(1) Every citizen has the right of reasonable access to official documents, subject
only to the need for such secr ecy as is reasonably justifiable in a democratic society in
respect of—
(a) matters relating to national security, defence or international relations of
Papua New Guinea (including Papua New Guinea's relations with the
Government of any other country or with any international organization); or
(b) records of meetings and decisions of the National Executive Council and of
such executive bodies and elected governmental authorities as are prescribed
by Organic Law or Act of the Parliament; or
(c) trade secrets, and privileged or confidential commercial or financial
information obtained from a person or body; or
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(6) Subsection (5)(b)(iii) does not authorize the retention of any property after the
end of the period for which its retention is reasonably required for the purpose referred to
in that paragraph.
(7) Nothing in the preceding provisions of this section applies to or in relation to the
property of any person who is not a citizen and the power to compulsorily take
possession of, or to acquire an interest in, or right over, the property of any such person
shall be as provided for by an Act of the Parliament.
54. Special provision in relation to certain lands.
Nothing in Section 37 (protection of the law) or 53 (protection from unjust deprivation
of property) invalidates a law that is reasonably justifiable in a democratic society that
has a proper regard for human rights and that provides—
(a) for the recognition of the claimed title of Papua New Guinea to land where—
(i) there is a genuine dispute as to whether the land was acquired validly or
at all from the customary owners before Independence Day; and
(ii) if the land were acquired compulsorily the acquisition would comply
with Section 53(1) (protection from unjust deprivation of property); or
(b) for the settlement by extra-judicial means of disputes as to the ownership of
customary land that appear not to be capable of being reasonably settled in
practice by judicial means; or
(c) for the prohibition or regulation of the holding of certain interests in, or in
relation to, some or all land by non-citizens.
55. Equality of citizens.
(1) Subject to this Constitution, all citizens have the same rights, privileges,
obligations and duties irrespective of race, tribe, place of origin, political opinion, colour,
creed, religion or sex.
(2) Subsection (1) does not prevent the making of laws for the special benefit,
welfare, protection or advancement of females, children and young persons, members of
underprivileged or less advanced groups or residents of less advanced areas.
(3) Subsection (1) does not affect the operation of a pre-Independence law.
56. Other rights and privileges of citizens.
(1) Only citizens may—
(a) vote in elections for, or hold, elective public offices; or
(b) acquire freehold land.
(2) An Act of the Parliament may—
(a) define the offices that are to be regarded as elective public offices; and
(b) define the forms of ownership that are to be regarded as freehold; and
(c) define the corporations that are to be regarded as citizens,
for the purposes of Subsection (1).
(3) An Act of the Parliament may make furt her provision for rights and privileges to
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(3) A court that has jurisdiction under Subsection (1) may make all such orders and
declarations as are necessary or appropriate for the purposes of this section, and may
make an order or declaration in relation to a statute at any time after it is made (whether
or not it is in force).
(4) Any court, tribunal or authority may, on its own initiative or at the request of a
person referred to in Subsection (1), adjourn, or otherwise delay a decision in, any
proceedings before it in order to allow a question concerning the effect or application of
this Division to be determined in accordance with Subsection (1).
(5) Relief under this section is not limited to cases of actual or imminent
infringement of the guaranteed rights and freedoms, but may, if the court thinks it proper
to do so, be given in cases in which there is a reasonable probability of infringement, or
in which an action that a person reasonably desires to take is inhibited by the likelihood
of, or a reasonable fear of, an infringement.
(6) The jurisdiction and powers of the courts under this section are in addition to,
and not in derogation of, their jurisdiction and powers under any other provision of this
Constitution.
58. Compensation.
(1) This section is in addition to, and not in derogation of, Section 57 (enforcement
of guaranteed rights and freedoms).
(2) A person whose rights or freedoms declared or protected by this Division are
infringed (including any infringement caused by a derogation of the restrictions specified
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(2) Except—
(a) to the extent provided for by Subsection (1); and
(b) in accordance with Section 155(5) (the National Judicial System); and
(c) as provided by a Constitutional Law or an Act of the Parliament,
an act to which Subsection (1) applies is, to the extent to which it is done in the deliberate
judgement of the person concerned, non-justiciable.
Division 1.—Introductory.
64. Dual citizenship.
(1) Notwithstanding the succeeding provisions of this Part but subject to Subsection
(2), no person who has a real foreign citizenship may be or become a citizen, and the
provisions of this Part shall be read subject to that prohibition.
(2) Subsection (1) does not apply to a person who has not yet reached the age of 19
years, provided that, before he reaches that age and in such manner as is prescribed by or
under an Act of the Parliament, he renounces his other citizenship and makes the
Declaration of Loyalty.
(3) A person who has a real foreign citizenship and fails to comply with Subsection
(2) ceases to be a citizen of Papua New Guinea when he reaches the age of 19 years.
(4) For the purposes of this section, a person who —
(a) was, immediately before Independence Day, an Australian citizen or an
Australian Protected Person by virtue of—
(i) birth in the former Territory of Papua; or
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Australian citizen or as a citizen of another country and make the Declaration of Loyalty.
(6) Where in his opinion it is just to do so, the Minister responsible for citizenship
matters may in his deliberate judgement (but subject to Division 4 (Citizenship Advisory
Committee)), extend the period of two months referred to in Subsection (4), but unless the
Minister is satisfied that the applicant—
(a) assumed in error that he was a citizen; or
(b) did not know that he was not a citizen; or
(c) had no reasonable opportunity or not enough time to determine his status,
the period may not be extended beyond a further two months.
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(1) A person who is eligible to become a citizen under Section 67(1) (citizenship by
naturalization) and holds an executive office by virtue of being a member of an elective
body shall cease to hold that office at the expiration of a period of two months after
Independence Day unless within that time he makes application under that section to be
naturalized and that application is granted.
(2) Without limiting the matters that may be taken into account in deciding on the
application for naturalization, under Section 67 (citizenship by naturalization) the
following matters shall be taken into account in deciding on an application that is made
during the first eight years after Independence Day:—
(a) if the applicant is a person to whom Section 65(4) (automatic citizenship on
Independence Day) applies, whether he acquired the right of permanent
residence in Australia or became an Australian citizen otherwise than by
reason of a voluntary act (other than marriage) on his part; and
(b) whether the applicant has at any time accepted pay and conditions of
employment that were not in general applicable—
(i) before Independence Day, to persons who qualify or would, if they had
survived to that day, have qualified for citizenship under Section 65
(automatic citizenship on Independence Day); or
(ii) after Independence Day, to citizens; and
(c) whether the major part of the investment and business interests of the
applicant are and have been in the country; and
(d) whether the applicant is or has been married to a citizen or to a person who, if
he had survived to Independence Day, would have been, or would have been
entitled to become, a citizen, and the nature of the family ties of the applicant;
and
(e) the length and nature of the residence of the applicant in the country; and
(f) any performance by the applicant of services beneficial to Papua New Guinea
or its people; and
(g) any sacrifices made by the applicant in the interests of Papua New Guinea or
its people; and
(h) the applicant's knowledge of Pisin or Hiri Motu or of a vernacular of the
country; and
(i) whether or not the application of the applicant includes the children (if any)
under voting age of the applicant; and
(j) any references given as to the good character and suitability for citizenship of
the applicant; and
(k) the place of birth and the parentage of the applicant.
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(1) A citizen who has reached voting age and is of full capacity who—
(a) obtains the nationality or citizenship of another country by a voluntary act
(other than marriage); or
(b) exercises a right that is exclusive to nationals or citizens of another country,
unless the Minister responsible for citizenship matters is satisfied that the
right was exercised inadvertently; or
(c) takes an oath or makes a declaration or affirmation of allegiance to another
country or to the Sovereign or Head of State of another country; or
(d) does, agrees to or adopts any act (other than marriage) by which he becomes
a national or citizen of another country; or
(e) enters or serves in the armed forces of another country, except with the
express approval of the Head of State, acting with, and in accordance with,
the advice of the National Executive Council; or
(f) except as permitted by an Act of the Parliament, votes in a national,
provincial, state or local election, or accepts elective office, of another
country; or
(g) subject to Subsection (3), travels under the protection of a passport or
purported passport of another country in which he is described as a citizen or
national of that country,
loses his citizenship.
(2) A person who is found by a court to have obtained citizenship by a false
representation, fraud or concealment of a material fact on his part loses his citizenship,
unless the Minister responsible for citizenship matters is satisfied that the offence was of
a minor nature and that revelation of the true fact would not have affected the grant of
naturalization.
(3) Subsection (1)(g) does not apply to—
(a) a person who is absent from the country on Independence Day, who
continues to travel under the protection of a passport of another country, but
only until—
(i) the expiration of the then-current period of validity of the passport; or
(ii) his return to the country,
whichever first happens; or
(b) a person travelling under the protection of the passport of a parent or
guardian; or
(c) a person travelling under the protection of a passport of another country with
the approval of the Minister responsible for citizenship matters.
71. Acts done under compulsion of law.
The preceding provisions of this Division do not apply to any act done under
compulsion of law of another country.
72. Renunciation of citizenship.
(1) Subject to Subsections (2) and (3), a citizen who has reached voting age and is
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of full capacity may renounce his citizenship in such manner and on such conditions as
are prescribed by or under an Act of the Parliament.
(2) A person may not renounce his citizenship unless—
(a) he already holds some other nationality or citizenship; or
(b) the renunciation is for the purpose of his obtaining some other nationality or
citizenship.
(3) During a time of war, citizenship may not be renounced without the prior
consent of the Minister responsible for citizenship matters.
73. Regaining citizenship.
(1) Subject to Subsection (2), citizenship once lost can be regained—
(a) in the case of citizenship by virtue of Section 65 (automatic citizenship on
Independence Day) or 66 (citizenship by descent)—only after five years'
continuous residence in the country after the loss of citizenship, and in the
deliberate judgement (but subject to Division 4 (Citizenship Advisory
Committee)) of the Minister responsible for citizenship matters; and
(b) in the case of citizenship by naturalization—only in accordance with the law
relating to naturalization, for which purpose any period of residence in the
country before the loss of citizenship shall be disregarded.
(2) Where a person—
(a) was a citizen by virtue of Section 65 (automatic citizenship on Independence
Day) or 66 (citizenship by descent); and
(b) married, before, on or after Independence Day, a person who was a national
or citizen of another country; and
(c) became, on or during the marriage, a national or citizen of the country of
which his spouse was at that time a national or citizen,
and the marriage has permanently broken up, the reference in Subsection (1)(a) to a
period of five years shall be read as a reference to a period of three years commencing—
(d) if the person was, at the time when the marriage broke up, resident in the
country—on the date on which it broke up; or
(e) if the person was at that time resident outside the country—on his return to
reside in the country.
74. Loss and regaining of citizenship by certain children.
(1) Where—
(a) a parent of a child loses his citizenship; and
(b) the Minister is satisfied on application on behalf of the child that it is for the
welfare of the child to do so,
the Minister responsible for citizenship matters may, by order, deprive the child of his
citizenship.
(2) A person aggrieved by an order under Subsection (1) may appeal to the National
Court.
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(3) An Act of the Parliament may make special provision to facilitate the regaining
of citizenship by persons who lose their citizenship by reason of the loss of citizenship by
a parent.
Division 4.—Citizenship Advisory Committee.
75. The Committee.
(1) An Act of the Parliament shall make provision for a Citizenship Advisory
Committee, all of the members of which must be citizens (other than naturalized
citizens).
(2) The Committee shall consist of—
(a) four permanent members, at least two of whom are members of the
Parliament other than Ministers; and
(b) one ad hoc member to represent the community in which the person to whom
a matter before the Committee relates resides.
76. Functions of the Committee.
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(1) Before taking any action under this Part in relation to a person, the Minister
responsible for citizenship matters shall refer the matter to the Citizenship Advisory
Committee and receive its advice.
(2) If the Minister refuses to accept the advice of the Committee on any matter
referred to it under Subsection (1), he shall, if so requested by a person affected or by the
Committee, give to the Parliament, as soon as practicable, a statement on the matter
setting out the reasons for his refusal, and the Parliament may reverse his decision on
such conditions as it thinks proper.
(3) The reversal by the Parliament of a decision to grant or to allow the regaining of
citizenship, or to grant a certificate under Section 81 (certificate as to citizenship), takes
effect, subject to any conditions to which it is made subject, as a deprivation of
citizenship on the date of the reversal.
(4) The reversal by the Parliament of a decision to refuse to grant citizenship to a
person, to deprive a person of citizenship or to refuse to grant a certificate under Section
81 (certificate as to citizenship ) takes effect retrospectively to the date of the decision.
(5) The Committee has such powers and such other functions and duties as are
conferred or imposed by or under an Act of the Parliament.
Division 5.—General.
77. Special provisions for certain persons.
(1) A foundling discovered at any time in the country shall, in the absence of proof
to the contrary, be deemed to be the child of parents at least one of whom was, or if he
had survived would have been, a citizen.
(2) Where the identity or the citizenship status of a parent of a child born in the
country is unknown or doubtful, the parent shall be deemed to have been, in the absence
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of proof to the contrary, a person who was, or if he had survived would have been, a
citizen.
(3) For the purposes of this Part, a posthumous child of a person has the same status
as he would have had if he had been born immediately before the date of the death of his
father.
78. Effect of adoption.
(1) Where the citizenship status or entitlement of a person is to be determined by
reference to a parent or grand -parent and the person, or a parent of the person, was
adopted under a law at any time in force in the country or any other place, the status or
entitlement shall be determined by reference to the natural parents or grand -parents,
except that the Minister responsible for citizenship matters may, in his deliberate
judgement (but subject to Division 4 (Citizenship Advisory Committee)), allow an
adoptive parent or grand -parent to be taken into account where the result would be to
recognize citizenship or the entitlement to citizenship.
(2) In Subsection (1), a reference to adoption includes a reference to an adoption by
custom.
79. Place of birth of certain persons.
For the purposes of this Part—
(a) a person born on a registered ship or aircraft shall be deemed to have been
born at the place where the ship or aircraft was registered; and
(b) a person born on an unregistered ship or aircraft belonging to the government
of a country shall be deemed to have been born in that country.
80. "Residence".
Subject to any Act of the Parliament, a requirement in this Part of a period of
residence in a place is not satisfied by—
(a) residence in custody under sentence awaiting deportation or removal from the
country; or
(b) residence as an unlawful immigrant.
81. Certificate as to citizenship.
(1) A person whose status or entitlement in relation to Citizenship of Papua New
Guinea is, or may be, in doubt may apply to the Minister responsible for citizenship
matters for a certificate under this section.
(2) If the Minister is satisfied that the applicant is, or is entitled to become, a citizen,
he may, in his deliberate judgement (but subject to Division 4 (Citizenship Advisory
Committ ee)), grant a certificate stating that the person is or may become a citizen by
virtue of a provision specified in the certificate.
(3) Subject to Section 76 (functions of the Committee), a certificate under this
section is (unless it is proved that it was obtained by means of a false representation,
fraud or concealment of a material fact) conclusive evidence that on the material date the
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person concerned was, is or may become a citizen in accordance with the terms of the
certificate.
PART V.—THE HEAD OF STATE.
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authority in accordance with whose advice the Head of State is obliged, in a particular
case, to act.
(3) Any instrument made by or in the name of the Head of State shall recite that it is
made with, and in accordance with, the advice of the National Executive Council or of
any other body or authority in accordance with whose advice the Head of State is obliged,
in the particular case, to act, but failure to comply with this subsection does not affect the
validity of an instrument.
(4) The question, what (if any) advice was given to the Head of State, or by whom,
is non-justiciable.
Division 3.—Appointment, etc., of Governor-General.
87. Qualifications for appointment.
(1) The Governor-General must be a citizen who —
(a) is qualified to be a member of the Parliament (except for the reason that he
occupies the office of Governor-General); and
(b) is a mature person of good standing who enjoys the general respect of the
community.
(2) The question, whether for the purposes of Subsection (1) a person is a person to
whom Subsection (1)(b) applies, is non-justiciable.
(3) The Governor-General must not hold any office or position or engage in any
calling other than that of, or an office or position associated with, his office as Governor-
General, except with the consent of the Head of State, acting with, and in accordance
with, the joint advice of the National Executive Council and the Ombudsman
Commission.
(4) A request for the consent of the Head of State under Subsection (3) shall not be
made unless agreement on the matter in relation to which the consent is sought has been
reached between the National Executive Council and the Ombudsman Commission.
(5) No person is eligible for appointment as Governor-General more than once
unless the Parliament, by two-thirds absolute majority vote, approves appointment for a
second term, but no person is eligible for appointment for a third term.
88. Appointment to office.
(1) Except in the case of the first Governor-General appointed before Independence
Day the Governor-General shall be appointed by the Head of State, acting with, and in
accordance with, the advice of the National Executive Council given in accordance with a
decision of the Parliament.
(2) A decision of the Parliament to nominate a person for appointment as Governor-
General shall be made by a simple majority vote, in an exhaustive secret ballot conducted
in accordance with an Organic Law.
(3) Subject to Subsection (5), the Speaker shall, within the period of three months
before the completion of the normal term of office of the Governor-General, call a
meeting of the Parliament to nominate the next Governor-General.
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(4) Subject to Subsection (5), in the event of a casual vacancy in the office of
Governor-General, the Speaker shall, as soon as practicable, call a meeting of the
Parliament to nominate the next Governor-General.
(5) If—
(a) at a time when a meeting of the Parliament should otherwise be called under
Subsection (3) or (4) a general election to the Parliament has been ordered; or
(b) between the time when a meeting of the Parliament should otherwise be
called under Subsection (3) and the date of the completion of the normal term
of office of the outgoing Governor-General a general election to the
Parliament is due to be held in accordance with this Constitution,
the Speaker shall not call a meeting of the Parliament in accordance with Subsection (3)
or (4), as the case may be, and a nomination shall be made at the first meeting of the new
Parliament as its first item of business after any formal business and the election of a
Speaker.
Unless he earlier dies, resigns, ceases to be qualified for office in accordance with
Section 87 (qualifications for appointment), is dismissed under Section 90 (Declaration
of Loyalty, etc.), or 93(1) (dismissal and removal from office), or is removed from office
under Section 93(2) (dismissal and removal from office), the Governor-General holds
office for a term of six years from the date of his assumption of office in accordance with
Section 89 (assumption of office), plus any period that is required, in accordance with
Section 88(5) (appointment to office), for the appointment of the next Governor-General.
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92. Resignation.
(1) The Governor-General may resign from office by notice in writing to the Head
of State.
(2) The resignation takes effect on its acceptance by the Head of State, acting with,
and in accordance with, the advice of the National Executive Council.
93. Dismissal and removal from office.
(1) The Governor-General may be dismissed from office by the Head of State,
acting with, and in accordance with, the advice of the National Executive Council given
in accordance with either—
(a) a decision of the National Executive Council; or
(b) a decision made by an absolute majority of the Parliament.
(2) The Governor-General may be removed from office by the Head of State, acting
with, and in accordance with, the advice of the National Executive Council given in
accordance with a decision of the Parliament, if the Speaker advises the Parliament that
two medical practitioners appointed for the purpose by the National authority responsible
for the registration or licensing of medical practitioners have jointly reported to the
Speaker that, in their professional opinions, the Governor-General is unfit, by reason of
physical or mental incapacity, to carry out the duties of his office.
94. Suspension from office.
(1) The Governor-General may be suspended from office—
(a) by the National Executive Council, if he refuses or fails to act in accordance
with the advice of the National Executive Council or of any other body or
authority in accordance with whose advice he is obliged, in the particular
case, to act, or acts, or purports to act contrary to, or without, any such
advice; or
(b) in accordance with an Act of the Parliament pending an investigation for the
purposes of Section 93(2) (dismissal and removal from office),
and pending any resultant action by the Parliament.
(2) If the Governor-General is suspended from office by the National Executive
Council under Subsection (1)(a), the Prime Minister shall immediately inform the
Speaker of the suspension and of the reasons for it.
(3) If the Governor-General is suspended from office under Subsection (1)(a)—
(a) the Speaker shall, as soon as practicable, call a meeting of the Parliament at
which the matter of the suspension and of the possible dismissal of the
Governor-General shall be the first item of business after any formal business
and, if necessary, the appointment of a Speaker; and
(b) the suspension may be lifted at any time by decision of the Parliament; and
(c) unless before the end of the meeting a recommendation is made in accordance
with Section 93(1) (dismissal and removal from office) that the Governor-
General be dismissed from office, the suspension ceases at the end of the
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meeting.
(4) If the Governor-General is suspended from office under this section, the Prime
Minister shall, as soon as practicable, inform the Head of State of the suspension and of
the reasons for it.
(5) A period of suspension under this section shall be taken into account in
calculating for the purposes of this Division, the length of the period of service in office
of the Governor-General.
95. Acting Governor-General.
(1) In this section, a reference to the Speaker or to the Chief Justice shall be read as
a reference to the substantive holder of that office.
(2) If—
(a) there is a vacancy in the office of Governor-General; or
(b) the Governor-General is suspended from office; or
(c) the Governor-General is—
(i) on leave of absence; or
(ii) absent from the country; or
(iii) out of speedy and effective communication; or
(iv) otherwise unable to perform, or is not readily available to perform, the
duties of his office,
the Speaker is, subject to Subsection (3), the Acting Governor-General.
(3) If at any time to which Subsection (2) applies—
(a) there is a vacancy in the office of Speaker; or
(b) the Speaker is suspended from office; or
(c) the Speaker is—
(i) on leave of absence; or
(ii) absent from the country; or
(iii) out of speedy and effective communication; or
(iv) otherwise unable to perform, or is not readily available to perform, the
duties of his office,
the Chief Justice (if he is a citizen) is the Acting Governor-General.
(4) During any perio d when he is the Acting Governor-General, the Speaker or the
Chief Justice shall not exercise or perform any of the other powers, functions, duties and
responsibilities of the office of Speaker or Chief Justice, as the case may be, except that
the Chief Justice may complete any proceedings actually commenced before him unless
other suitable arrangements can be made.
(5) When neither the Speaker nor the Chief Justice is available (or, in the case of the
Chief Justice, qualified) to be the Acting Governor-General, the powers, functions, duties
and responsibilities of the Governor-General shall be exercised and performed by a
Minister appointed by the Head of State on the advice of the National Executive Council
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(1) Subject to this Constitution, the terms and conditions of employment of the
Governor-General are as determined by or under an Organic Law.
(2) Except with the consent of the Governor-General the terms and conditions of
employment of the Governor-General shall not be changed to his detriment during his
term of office, and an Organic Law that so changes them shall recite the terms of the
consent.
Division 4.—General.
97. Conveyance of decisions, etc.
Where any act is done, decision is made or advice is given by the Parliament or the
National Executive Council under this Part, the Prime Minister shall immediately convey
it to the Head of State.
98. Acts, etc., of the Head of State.
Unless the contrary intention appears, any act by the Head of State takes effect when it
is formally advised to the Prime Minister or the National Executive Council.
PART VI.—THE NATIONAL GOVERNMENT.
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(1) Subject to this Constitution, the legislative power of the People is vested in the
National Parliament.
(2) Subsection (1) does no t prevent a law from conferring on an authority other than
the Parliament legislative powers or functions (including, if the law so provides, a further
power or further powers of delegation and subdelegation).
(3) Nothing in any Constitutional Law enables or may enable the Parliament to
transfer permanently, or divest itself of, legislative power.
Subdivision B.—Composition of the National Parliament.
101. Membership.
(1) Subject to this section, the Parliament is a single-chamber legislature, consisting
of—
(a) a number of members elected from single-member open electorates; and
(b) a number of members elected from single-member provincial electorates; and
(c) not more than three nominated members, appointed and holding office in
accordance with Section 102 (nominated members).
(2) An Organic Law shall make provision for the number of open and provincial
electorates.
(3) No member may represent two or more electorates at the same time.
(4) The precise number of open electorates and of provincial electorates and their
boundaries shall be determined from time to time in accordance with Section 125
(electorates).
(5) An alteration to the number of electorates or to the boundaries of an electorate
takes effect for the purposes of the next general election and of succeeding elections.
102. Nominated members.
The Parliament may, from time to time, by a two-thirds absolute majority vote,
appoint a person (other than a member) to be a nominated member of the Parliament.
103. Qualifications for and disqualifications from membership.
(1) A member of the Parliament must be not less than 25 years of age.
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(2) A candidate for election to the parliament must have been born in the electorate
for which he intends to nominate or have resided in the electorate for a continuous period
of two years immediately preceding his nomination or for a period of five years at any
time and must pay a nomination fee of K1,000.00.
(3) A person is not qualified to be, or to remain, a member of the Parliament if—
(a) he is not entitled to vote in elections to the Parliament; or
(b) he is of unsound mind within the meaning of any law relating to the
protection of the persons and property of persons of unsound mind; or
(c) subject to Subsections (4) to (7), he is under sentence of death or
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when the Parliament first sits following a general election, prorogation of the Parliament
or an adjournment of the Parliament otherwise than for a period of less than 12 days and
ends when next the Parliament is prorogued or adjourned otherwise than for a period of
less than 12 days.
105. General elections.
(1) A general election to the Parliament shall be held—
(a) within the period of three months before the fifth anniversary of the day fixed
for the return of the writs for the previous general election; or
(b) if, during the last 12 months before the fifth anniversary of the day fixed for
the return of the writs for the previous general election—
(i) a vote of no confidence in the Prime Minister or the Ministry is passed
in accordance with Section 145 (motions of no confidence); or
(ii) the Government is defeated on the vote on a question that the Prime
Minister has declared to the Parliament to be a question of confidence;
or
(c) if the Parliament, by an absolute majority vote, so decides.
(2) The Head of State, acting with, and in accordance with, the advice of the
Electoral Commission, shall fix the first and last days of the period during which polling
shall take place and the date by which the writs for a general election shall be returned.
(3) In advising the Head of State under Subsection (2), and in conducting the
election, the Electoral Commission shall do its best to ensure that—
(a) in a case to which Subsection (1)(a) applies—the date for the return of the
writs is fixed as nearly as may reasonably be to the fifth anniversary of the
date fixed for the return of the writs for the previous general election; and
(b) in a case to which Subsection (1)(b) or (c) applies—the date for the return of
the writs is fixed as soon as may reasonably be after the date of the relevant
decision of the Parliament.
106. By-elections.
If the office of an elected member of the Parliament becomes vacant otherwise than by
virtue of Section 104(2)(b) (normal term of office), an election shall be held to fill the
vacancy unless the vacancy occurs—
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(a) within the period of 12 months before the fifth anniversary of the date fixed
for the return of the writs for the previous general election; or
(b) after the writ has been issued for an election under Section 105(1) (general
elections) and before the day fixed for the return of that writ, writs for a
general election are issued, the first-mentioned writ shall be deemed to have
been revoked.
Subdivision C.—The Speaker and the Deputy Speaker.
107. Offices of Speaker and Deputy Speaker.
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(1) There shall be offices of Speaker and Deputy Speaker of the National
Parliament.
(2) The Speaker and the Deputy Speaker must be members of the Parliament, and
shall be elected by the Parliament by secret ballot in accordance with the Standing Orders
of the Parliament.
(3) The Speaker and the Deputy Speaker hold office, and their offices become
vacant, in accordance with the Constitutional Laws and the Standing Orders of the
Parliament.
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(4) No Minister or Parliamentary Leader of a registered political party may be the
Speaker or Deputy Speaker, and if a Speaker or Deputy Speaker becomes a Minister or
Parliamentary Leader of a registered political party he vacates his office as Speaker or
Deputy Speaker, as the case may be.
108. Functions of the Speaker and Deputy Speaker.
(1) The Speaker is responsible, subject to and in accordance with the Constitutional
Laws, the Acts of the Parliament and the Standing Orders of the Parliament, for
upholding the dignity of the Parliament, maintaining order in it, regulating its
proceedings and administering its affairs, and for controlling the precincts of the
Parliament as defined by or under an Act of the Parliament.
(2) In the event of a vacancy in the office of the Speaker or his absence from the
country or from the Parliament, and otherwise as determined by or under a Constitutional
Law, an Act of the Parliament or the Standing Orders of the Parliament, the Deputy
Speaker has, subject to Section 95 (Acting Governor-General), all the rights, privileges,
powers, functions, duties and responsibilities of the Speaker.
(3) A Constitutional Law, an Act of the Parliament or the Standing Orders of the
Parliament may provide for other powers, functions, duties and responsibilities of the
Speaker and the Deputy Speaker.
Subdivision D.—Powers, Privileges and Procedures.
109. General power of law -making.
(1) Subject to this Constitution, the Parliament may make laws, having effect within
and outside the country, for the peace, order and good government of Papua New Guinea
and the welfare of the People.
(2) In particular, Acts of the Parliament, not inconsistent with the Constitutional
Laws, may provide for all matters that are necessary or convenient to be prescribed for
carrying out and giving effect to this Constitution.
(3) No law made by the Parliament is open to challenge in any court on the ground
that—
(a) it is not for the peace, order or good government of Papua New Guinea or the
welfare of the People; or
(b) it purports to have extra-territorial effect.
(4) Each law made by the Parliament shall receive such fair, large and liberal
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construction and interpretation as will best ensure the attainment of the object of the law
according to its true intent, meaning and spirit, and there is no presumption against extra-
territoriality.
110. Certification as to making of laws.
(1) Subject to Section 137(3) (Acts of Indemnity) and to any Act of the Parliament
made for the purposes of Subsection (3), the Speaker shall certify under the National
Seal, in accordance with the Standing Orders of the Parliament, that a law has been made
by the Parliament and, subject to Subsection (2), the law comes into operation on the date
of the certificate.
(2) Nothing in Subsection (1) prevents a law—
(a) being expressed to come, or to be deemed to have come, into force on a date
specified by, or fixed in accordance with, law; or
(b) being retrospective or retroactive.
(3) An Act of the Parliament or the Standing Orders of the Parliament may make
provision under which a law made by the Parliament may, at the direction of the Head of
State, acting with, and in accordance with, the advice of the National Executive Council,
be recommitted to the Parliament for the consideration of amendments proposed by the
Head of State, acting with, and in accordance with, the advice of the National Executive
Council.
111. Right to introduce bills, etc.
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(1) Subject to Section 210 (executive initiative) and to an Organic Law made for the
purposes of Subdivision VI.2.H (Protection of Elections from Outside or Hidden
Influence and Strengthening of Political Parties), any member of the Parliament is
entitled to introduce into the Parliament, in accordance with, and subject to any
reasonable restrictions contained in, the Standing Orders of the Parliament, a petition,
question, bill, resolution or motion.
(2) The petition, question, bill, resolution or motion shall be dealt with as provided
by the Standing Orders of the Parliament.
(3) The Standing Orders of the Parliament may make provision for priority to be
given to Government business at certain times or in certain circumstances.
112. Presiding in the Parliament.
(1) Subject to Subdivision C (the Speaker and the Deputy Speaker) and to
Subsection (2), the Standing Orders of the Parliament shall make provision in respect of
the chairmanship of the Parliament and of Committees of the Whole.
(2) No Minister may preside in the Parliament or in a Committee of the Whole.
113. Quorum.
(1) The quorum for a sitting of the Parliament is one-third of the number of seats in
the Parliament at the time.
(2) The Standing Orders of the Parliament shall make provision for the action to be
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(2) Subject to Section Sch.1.18 (disallowance, etc.) an Act of the Parliament may
make further provision as to the disallowance of a subordinate legislative enactment or
part of a subordinate legislative enactment under this section, and as to the effect of such
a disallowance on or in respect of rights and liabilities under or affected by the
disallowed enactment or part.
(3) Failure to comply with Subsection (1) does not invalidate a subordinate
legislative enactment.
117. Treaties, etc.
(1) In this section, unless the contrary intention appears—
"treaty" means an agreement between States that—
(a) is governed by international law; and
(b) creates a relationship binding at international law on Papua New
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Guinea,
whether embodied in a single instrument or in two or more related
instruments and whatever may be its designation, but does not include a
visiting forces agreement entered into in accordance with Section 206
(visiting forces);
"treaty document" means—
(a) the text of a treaty that it is proposed to accept or to ratify; or
(b) a statement of the effect of such a treaty; or
(c) a copy of the document by which it is intended that Papua New Guinea
will express its consent to be bound by such a treaty.
(2) Subject to Subsection (3), the consent of Papua New Guinea to be bound as a
party to a treaty may be given only—
(a) by the Head of State, acting with, and in accordance with, the advice of the
National Executive Council; or
(b) by a Minister authorized either generally or specifically for the purpose by the
Head of State, acting with, and in accordance with, the advice of the National
Executive Council; or
(c) otherwise in accordance with international law, usage and practice,
and in accordance with this section.
(3) Subject to Subsection (5), the consent of Papua New Guinea to be bound as a
party to a treaty shall not be given—
(a) unless a treaty document relating to the treaty has been presented to the
Parliament for at least ten sitting days; or
(b) if within ten sitting days of the Parliament after the day on which the treaty
document was presented to the Parliament the Parliament, by an absolute
majority vote, disapproves the giving of the consent.
(4) The fact that the Parliament has disapproved the giving of the consent of Papua
New Guinea to be bound as a party to a treaty does not prevent the re-presentation to the
Parliament of a treaty document relating to the treaty, and in that event Subsection (3)
once again applies.
(5) Subsection (3) does not apply if—
(a) the Parliament has, by an absolute majority vote, waived the requirements of
that subsection; or
(b) both the Speaker (acting on behalf of the Parliament) and the Prime Minister
are satisfied that the giving of the consent of Papua New Guinea to be bound
as a party to the treaty is too urgent a matter to allow of compliance with that
subsection, or that compliance would not be in the national interest.
(6) A certificate of the Speaker as to any matter arising under this section is, before
all courts and all persons acting judicially, conclusive evidence of the facts certified to.
(7) Notwithstanding the consent of Papua New Guinea to be bound as a party to a
treaty, no treaty forms part of the municipal law of Papua New Guinea unless, and then
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only to the extent that, it is given the status of municipal law by or under a Constitutional
Law or an Act of the Parliament.
(8) Legislative approval or ratification of a treaty does not, without more, give it the
status of municipal law for the purposes of Subsection (7).
Subdivision E.—The Committee System.
118. Permanent Parliamentary Committees.
(1) In order to ensure full and active participation by backbenchers in the work of
the Parliament and of government, there shall be the following Permanent Parliamentary
Committees which, in principle, should cover all major fields of the activities of the
National Government:—
(a) a Public Accounts Committee, established in accordance with Subdivision
VIII.1.C (the Public Accounts Committee); and
(b) such other committees as are determined by the Parliament from time to time.
(2) The Parliament shall, subject to this Constitution, make provision by Organic
Law, by Act of the Parliament, Standing Order or otherwise, for the establishment,
membership, jurisdiction, functions, powers and procedures of the Permanent
Parliamentary Committees, and in particular for empowering such a Committee to call
for persons, papers and records.
(3) No Minister may be a member of a Permanent Parliamentary Committee.
(4) In principle, membership of the Permanent Parliamentary Committees should be
spread as widely as practicable among the backbenchers.
119. Chairmen and Deputy Chairmen.
(1) There shall be a Chairman and a Deputy Chairman of each Permanent
Parliamentary Committee.
(2) In principle, either the Chairman or the Deputy Chairman of each Permanent
Parliamentary Committee should be a member of the Parliament who is recognized by
the Parliament as being generally committed to support the Government in the
Parliament, and the other should be a member of the principal party or group, or coalition
of parties or groups, that is recognized by the Parliament as being not so committed.
(3) Subject to any Act of the Parliament and to the Standing Orders of the
Parliament, in the event of the absence or non-availability to act of the Chairman, the
Deputy Chairman has all the rights, privileges, powers, functions, duties and
responsibilities of the Chairman.
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(4) An Organic Law made for the purposes of Subdivision VI.2.H (Protection of
Elections from Outside or Hidden Influence and the Strengthening of Political Parties)
may provide that in certain circumstances a member of the Parliament is not eligible to be
appointed to or hold the office of Chairman or Deputy Chairman of a Permanent
Parliamentary Committee.
120. Roles of Chairmen and Deputy Chairmen of Permanent Parliamentary
Committees.
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(1) The Parliament shall be called to meet not more than seven days after the day
fixed for the return of the writs for a general election, and shall meet not less frequently
than three times in each period of 12 months, and, in principle, for not less than nine
weeks in each such period.
(2) An Organic Law shall make provision for the calling of meetings of the
Parliament.
(3) Subject to Subsections (1) and (2), an Act of the Parliament or the Standing
Orders of the Parliament may make provision in respect of the sittings of the Parliament.
Subdivision G.—Electorates and Elections.
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125. Electorates.
(1) The number of open electorates and of provincial electorates and their
boundaries shall be determined by the Parliament in accordance with recommendations
from a Boundaries Commission from time to time, at intervals determined by or under an
Organic Law, being intervals of not more than 10 years.
(2) In recommending open electorates and open electorate boundaries, the
Boundaries Commission shall, taking into account any considerations laid down by an
Organic Law, endeavour to ensure that all open electorates contain approximately the
same population, within limits prescribed by an Organic Law.
(3) The Parliament may accept or reject, but may not amend, any recommendation
of the Boundaries Commission under Subsection (1).
(4) The Boundaries Commission is not subject to direction or control by any person
or authority.
(5) An Organic Law shall make further provision for and in respect of the
appointment, constitution and procedures of the Boundaries Commission, and for
safeguarding its independence, and in relation to the procedures for formulating and
considering its recommendations.
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(e) prohibiting a candidate for election to the Parliament from holding himself
out as representing any party or organization other than a registered political
party that has publicly adopted him as its candidate.
(2) Where another authority is prescribed by the law under Subsection (1)(b), that
authority—
(a) shall be composed of a person or persons who are declared under paragraph
(i) of the definition of "constitutional office-holder" in Section 221
(definitions) to be a constitutional office-holder; and
(b) is not subject to direction or control by any person or authority.
(3) An Organic Law made for the purposes of Subsection (1) may make provision
for further defining what are to be regarded as assistance and electoral expenses for any
purpose of that subsection or of that law, and in particular may provide that—
(a) the value of hospitality (including meals, accommodation and transport) of a
kind and to a degree recognized by custom in the country shall not be taken
into account as assistance; and
(b) the personal expenses of a candidate shall not be taken into account as
electoral expenses.
(4) In this section—
"electoral expenses", in relation to a candidate, means expenses incurred
(whether before, during or after an election to the Parliament, including
expenses incurred before the issue of the writ for election) by him or on his
behalf on account of or in respect of the election;
"personal expenses", in relation to a candidate, means any reasonable costs
incurred by him personally for travel and for living away from his home for
the purposes of the election.
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130A. Provisions relating to political parties.
An Organic Law made for the purposes of this Subdivision may—
(a) restrict a member of the Parliament from resigning or withdrawing from a
political party of which he is a member; and
(b) restrict a member of the Parliament from failing to support, in certain
circumstances, a political party of which he is a member; and
(c) provide that, in certain circumstances, a member of Parliament who —
(i) resigns or withdraws from the political party of which he is a member;
or
(ii) fails to support the political party of which he is a member; or
(iii) is a member of a political party whose registration is cancelled,
is guilty of misconduct in office; and
(d) permit a member of the Parliament who at the time of his election to the
Parliament was not a member of a registered political party to join a
registered political party; and
(e) authorize the Head of State to invite a registered political party to form the
Government in certain circumstances; and
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(1) An Act of the Parliament shall make provision for and in respect of a
Parliamentary Service, separate from the other State Services.
(2) Within the Service, there shall be an office of Clerk of the National Parliament
who shall, subject to Subsection (3), be the head of the Service.
(3) The Service shall be subject to the direction and control of the Speaker and shall
perform its functions impartially.
133. Standing Orders.
The Parliament may make Standing Orders and other rules and orders in respect of the
order and conduct of its business and proceedings and the business and proceedings of its
committees, and of such other matters as by law are required or permitted to be
prescribed or provided for by the Standing Orders of the Parliament.
134. Proceedings non-justiciable.
Except as is specifically provided by a Constitutional Law, the question, whether the
procedures prescribed for the Parliament or its committees have been complied with, is
non-justiciable, and a certificate by the Speaker under Section 110 (certification as to
making of laws) is conclusive as to the matters required to be set out in it.
135. Questions as to membership, etc.
The National Court has jurisdiction to determine any question as to—
(a) the qualifications of a person to be or to remain a member of the Parliament;
or
(b) the validity of an election to the Parliament.
136. Validation of Acts of the Parliament.
Where a person who has purported to sit or vote as a member of the Parliament at a
meeting of the Parliament or of a committee of the Parliament—
(a) was not duly qualified to be elected or appointed, or to continue, as a member
of the Parlia ment; or
(b) had vacated his office as a member of the Parliament,
all things done or purporting to have been done by the Parliament or by the committee, as
the case may be, shall be deemed to have been as validly done as if that person had, when
so sitting or voting, been duly qualified to be elected or appointed or to continue as a
member of the Parliament, or had not vacated his office, as the case may be.
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(4) If the Parliament is not in session when a Prime Minister is to be appointed, the
Speaker shall immediately call a meeting of the Parliament, and the question of the
appointment shall be the first matter for consideration, after any formal business and any
nomination of a Governor-General or appointment of a Speaker, on the next sitting day.
(5) The Prime Minister—
(a) shall be dismissed from office by the Head of State if the Parliament passes,
in accordance with Section 145 (motions of no confidence), a motion of no
confidence in him or the Ministry, except where the motion is moved within
the last 12 months before the fifth anniversary of the date fixed for the return
of the writs at the previous general election; and
(b) may be dismissed from office in accordance with Division III.2 (leadership
code); and
(c) may be removed from office by the Head of State, acting in accordance with
a decision of the Parliament, if the Speaker advises the Parliament that two
medical practitioners appointed by the National Authority responsible for the
registration or licensing of medical practitioners have jointly reported in
accordance with an Act of the Parliament that, in their professional opinions,
the Prime Minister is unfit, by reason of physical or mental incapacity, to
carry out the duties of his office.
(6) The Prime Minister may be suspended from office—
(a) by the tribunal appointed under an Organic Law made for the purposes of
Section 28 (further provisions), pending an investigation into a question of
misconduct in office within the meaning of Division III.2 (leadership code),
and any resultant action; or
(b) in accordance with an Act of the Parliament, pending an investigation for the
purposes of Subsection (5)(c), and any resultant action by the Parliament.
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(7) An Organic Law made for the purposes of Subdivision VI.2.H (Protection of
Elections from Outside or Hidden Influence and Strengthening of Political Parties) may
provide that in certain circumstances a member of the Parliament is not eligible to be
appointed to or hold the office of Prime Minister.
143. Acting Prime Minister.
(1) Subject to Subsection (2) an Act of the Parliament shall make provision for and
in respect of the appointment of a Minister to be Acting Prime Minister to exercise and
perform the powers, functions, duties and responsibilities of the Prime Minister when—
(a) there is a vacancy in the office of Prime Minister; or
(b) the Prime Minister is suspended from office; or
(c) the Prime Minister is—
(i) absent from the country; or
(ii) out of speedy and effective communication; or
(iii) otherwise unable or not readily available to perform the duties of his
office.
(2) Where a Prime Minister is dismissed under Section 142(5)(a) (the Prime
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(b) moved within 12 months before the fifth anniversary of the date fixed for the
return of the writs at the previous general election shall not be allowed if it
nominates the next Prime Minister.
(3) A motion of no confidence in the Prime Minister or the Ministry moved in
accordance with Subsection (2)(a) may not be amended in respect of the name of the
person nominated as the next Prime Minister except by substituting the name of some
other person.
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(4) A motion of no confidence in the Prime Minister or in the Ministry may not be
moved during the period of eighteen months commencing on the date of the appointment
of the Prime Minister.
146. Resignation.
(1) The Prime Minister may resign from office by notice in writing to the Head of
State.
(2) A Minister other than the Prime Minister may resign from office by notice in
writing to the Prime Minister.
147. Normal term of office.
(1) Unless he earlier—
(a) dies; or
(b) subject to Subsection (2), resigns; or
(c) subject to Subsection (3), ceases to be qualified to be a Minister; or
(d) is dismissed or removed from office,
a Minister (including the Prime Minister) holds office until the next appointment of a
Prime Minister.
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(1) Subject to this Subdivision, the Head of State, acting with, and in accordance
with, the advice of the National Executive Council, may grant to a person convicted of an
offence or held in penal detention under a law of Papua New Guinea—
(a) a pardon, either free or conditional; or
(b) a remission or commutation of sentence; or
(c) a respite of the execution of sentence; or
(d) a less severe form of punishment for that imposed by any sentence,
and may remit or refund, in whole or in part, any fine, penalty or forfeiture paid or
payable to a governmental body.
(2) Where an offence has been committed, the Head of State, acting with, and in
accordance with, the advice of the National Executive Council, may grant a pardon,
either free or conditional, to an accomplice who gives evidence that leads to the
conviction of a principal offender.
(3) Except in a case referred to in Subsection (2) or as otherwise permitted by or
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under an Act of the Parliament, the exercise of the power conferred by Subsection (1)
shall not be held out, offered or promised in advance of conviction.
(4) Nothing in this section prevents the establishment by law of systems of
probation, parole or release on licence, or any similar systems.
152. Advisory Committee on the Power of Mercy.
(1) An Organic Law shall make provision for and in respect of an Advisory
Committee on the Power of Mercy, and for and in respect of its appointment,
constitution, powers and procedures.
(2) Before giving any advice to the Head of State under Section 151(1) (grant of
pardon, etc.), the National Executive Council shall consider a report from the Advisory
Committee.
Subdivision E.—General.
153. Validity of executive acts.
(1) Subsections (2), (3) and (4) are subject to any Constitutional Law or Act of the
Parliament.
(2) The question, whether the procedures prescribed for the National Executive
Council have been or are being complied with, is non-justiciable.
(3) The question, whether any, and if so what report has been given to the National
Executive Council by the Advisory Committee on the Power of Mercy, is non-justiciable.
(4) No act of a Minister is open to challenge on the ground that he was not
empowered to perform the act, if some other Minister, or any Minister, was so
empowered.
(5) This section does not limit the jurisdiction or powers of the Ombudsman
Commission, or of an authority or tribunal established under Division III.2 (leadership
code).
Division 5.—The Administration of Justice.
Subdivision A.—General Structure and Principles of the National Justice
Administration.
154. The National Justice Administration.
The National Justice Administration consists of—
(a) the National Judicial System; and
(b) the Minister responsible for the National Justice Administration; and
(c) the Law Officers of Papua New Guinea.
155. The National Judicial System.
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(c) such other courts as are established under Section 172 (establishment of other
courts).
(2) The Supreme Court—
(a) is the final court of appeal; and
(b) has an inherent power to review all judicial acts of the National Court; and
(c) has such other jurisdiction and powers as are conferred on it by this
Constitution or any other law.
(3) The National Court—
(a) has an inherent power to review any exercise of judicial authority; and
(b) has such other jurisdiction and powers as are conferred on it by this
Constitution or any law,
except where—
(c) jurisdiction is conferred upon the Supreme Court to the exclusion of the
National Court; or
(d) the Supreme Court assumes jurisdiction under Subsection (4); or
(e) the power of review is removed or restricted by a Co nstitutional Law or an
Act of the Parliament.
(4) Both the Supreme Court and the National Court have an inherent power to make,
in such circumstances as seem to them proper, orders in the nature of prerogative writs
and such other orders as are necessary to do justice in the circumstances of a particular
case.
(5) In a case referred to in Subsection (3)(e), the National Court has nevertheless an
inherent power of review where, in its opinion, there are over-riding considerations of
public policy in the spec ial circumstances of a particular case.
(6) Subject to any right of appeal or power of review of a decision, it is the duty of
all persons (including the Law Officers of Papua New Guinea and other public officers in
their respective official capacities), and of all bodies and institutions, to comply with and,
so far as is within their respective lawful powers, to put into effect all decisions of the
National Judicial System.
156. The Law Officers.
(1) The Law Officers of Papua New Guinea are—
(a) the principal legal adviser to the National Executive; and
(b) the Public Prosecutor; and
(c) the Public Solicitor.
(2) An Act of the Parliament shall make provision for and in respect of the office
referred to in Subsection (1)(a).
157. Independence of the National Judicial System.
Except to the extent that this Constitution specifically provides otherwise, neither the
Minis ter responsible for the National Justice Administration nor any other person or
authority (other than the Parliament through legislation) outside the National Judicial
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System has any power to give directions to any court, or to a member of any court, within
that System in respect of the exercise of judicial powers or functions.
Subdivision B.—The Judicial Power.
158. Exercise of the judicial power.
(1) Subject to this Constitution, the judicial authority of the People is vested in the
National Judicial System.
(2) In interpreting the law the courts shall give paramount consideration to the
dispensation of justice.
159. Tribunals, etc., outside the National Judicial System.
(1) Subject to Subsection (3), nothing in this Constitution prevents an Organic Law
or a statute from conferring judicial authority on a person or body outside the National
Judicial System, or the establishment by or in accordance with law, or by consent of the
parties, of arbitral or conciliatory tribunals, whether ad hoc or other, outside the National
Judicial System.
(2) Nothing in, or done in accordance with, Subsection (1) affects the operation of
Section 155(4) or (5) (the National Judicial System).
(3) No person or body outside the National Judicial System, has, or may be given,
power to impose a sentence of death or imprisonment, or to impose any other penalty as
for a criminal offence, but nothing in this subsection prevents—
(a) the imposition, in accordance with law, of disciplinary detention or any other
disciplinary punishment (other than death) by a disciplinary authority of a
disciplined force on persons subject to the disciplinary law of the force; or
(b) the imposition, in accordance with law, of disciplinary punishments (other
than death or detention) on members of other State or provincial services; or
(c) the imposition of reasonable penalties (other than death or detention) by an
association on its members for breaches of its rules.
(4) In Subsection (3)(a), "disciplined force" has the same meaning as in Section 207
(definition of "disciplined force").
Subdivision C.—The Supreme Court of Justice.
160. Establishment of the Supreme Court.
(1) A Supreme Court of Justice is hereby established.
(2) The Supreme Court is a superior court of record and accordingly, subject to any
Act of the Parliament, has the power to punish the offence against itself commonly
known as contempt of court.
161. Composition of the Supreme Court.
(1) The Supreme Court shall consist of the Chief Justice, the Deputy Chief Justice
and the other Judges of the National Court (excluding the acting Judges).
(2) Subject to Section 162(2) (jurisdiction of the Supreme Court) and for the
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purposes of any hearing, the Supreme Court shall consist of at least three Judges.
(3) In a hearing that consists of at least three Judges, the Chief Justice, the Deputy
Chief Justice or the most senior Judge available shall preside over the Court.
162. Jurisdiction of the Supreme Court.
(1) The jurisdiction of the Supreme Court is as set out in—
(a) Subdivision II.2.C (constitutional interpretation); and
(b) Subdivision III.3.D (enforcement); and
(c) Section 155 (the National Judicial System),
and otherwise as provided by this Constitution or any other law.
(2) In such cases as are provided for by or under an Act of the Parliament or the
Rules of Court of the Supreme Court, the jurisdiction of the Supreme Court may be
exercised by a single Judge of that Court, or by a number of Judges sitting together.
(3) The jurisdiction of the Supreme Court may be exercised by a Judge or Judges of
that Court notwithstanding that it is being exercised at the same time by another such
Judge or Judges.
(4) The jurisdiction of the Supreme Court may be exercised either in court or in
chambers, as provided by or under an Act of the Parliament or the Rules of Court of the
Supreme Court.
Subdivision D.—The National Court of Justice.
163. Establishment of the National Court.
(1) A National Court of Justice is hereby established.
(2) The National Court is a superior court of record and accordingly, subject to any
Act of the Parliament, has the power to punish the offence against itself commonly
known as contempt of court.
164. Composition of the National Court.
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affairs and the administration of the business of the Supreme Court and the National
Court (other than, except to the extent allowed by or under an Act of the Parliament,
matters relating to the National Public Service).
(4) Where—
(a) there is a vacancy in the office of Chief Justice; or
(b) the Chief Justice is absent from the country or is absent from duty; or
(c) the Chief Justice is unable or unavailable to act; or
(d) the Chief Justice so directs,
the powers, functions, duties and responsibilities (other than as acting Governor-General)
of the Chief Justice may be exercised and performed by the next most senior Judge who
is available.
(5) The question, whether the occasion for the exercise or performance of the
powers, functions, duties and responsibilities of the Chief Justice by another Judge under
this section has arisen or has ceased, is no n-justiciable.
170. Appointment of other Judges.
(1) An office of Deputy Chief Justice of Papua New Guinea is hereby established.
(2) The Deputy Chief Justice and the other Judges of the National Court (other than
the Chief Justice) and acting Judges shall be appointed by the Judicial and Legal Services
Commission.
(3) No appointment of an acting Judge shall continue for a period of more than 12
months, but one extension for a period of not more than 12 months may be granted by the
Judicial and Legal Services Commission.
(4) The question, whether the occasion for the appointment of an acting Judge has
arisen or has ceased, is non-justiciable.
171. Seniority of Judges.
(1) Subject to Subsection (2), the Chief Justice is the most senior Judge, the Deputy
Chief Justice is the second senior Judge and the other Judges (other than acting Judges)
have seniority according to the dates of their respective appointments, unless otherwise
stated in an instrument of appointment.
(2) Unless otherwise stated in an instrument of appointment, acting Judges—
(a) rank in seniority after the other Judges; and
(b) have seniority as between themselves according to the dates of their
respective appointments or last appointments, as the case requires
Subdivision F.—Inferior Courts, the Magisterial Service, etc.
172. Establishment of other courts.
(1) Subject to this Constitution, Acts of the Parliament may establish, or provide for
the establishment of, courts within the National Judicial System in addition to the
Supreme Court and the National Court, and may define, or provide for the definition of,
their respective powers, functions and jurisdictions and their relationship with other
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made for grades of powers, functions or jurisdiction within any such courts, has all the
powers, functions and jurisdiction of the highest grades.
(4) In the performance of his functions under Section 173(3) (establishment of the
Magisterial Service), the Chief Magistrate shall carry out any directions or instructions of
the Judicial and Legal Services Commission.
Subdivision G.—The Public Prosecutor and the Public Solicitor.
176. Establishment of offices.
(1) Offices of Public Prosecutor and Public Solicitor are hereby established.
(2) The Public Prosecutor and the Public Solicitor shall be appointed by the Judicial
and Legal Services Commission.
(3) Subject to this Constitution—
(a) in the performance of his functions under this Constitution the Public
Prosecutor is not subject to direction or control by any person or authority;
but
(b) nothing in paragraph (a) prevents the Head of State, acting with, and in
accordance with, the advice of the National Executive Council, giving a
direction to the Public Prosecutor on any matter that might prejudice the
security, defence or international relations of Papua New Guinea (including
Papua New Guinea's relations with the Government of any other country or
with any international organization).
(4) The Prime Minister shall table in the National Parliament any direction to the
Public Prosecutor at the next sitting of the Parliament after the direction is given unless,
after consultation with the Leader of the Opposition, he considers that tabling of the
direction is likely to prejudice the security, defence or international relations of Papua
New Guinea.
(5) Subject to Section 177(2) (functions of the Public Prosecutor and the Public
Solicitor), in the performance of his functions under this Constitution the Public Solicitor
is not subject to direction or control by any person or authority.
177. Functions of the Public Prosecutor and the Public Solicitor.
(1) The functions of the Public Prosecutor are—
(a) in accordance with an Act of the Parliament and the Rules of Court of the
Supreme Court and the National Court, to control the exercise and
performance of the prosecution function (including appeals and the refusal to
initiate and the discontinuance of prosecutions) before the Supreme Court and
the National Court, and before other Courts as provided by or under Acts of
the Parliament; and
(b) to bring or to decline to bring proceedings under Division III.2 (leadership
code) for misconduct in office.
(2) The functions of the Public Solicitor are to provide legal aid, advice and
assistance for persons in need of help by him, and in particular—
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(a) to provide legal assistance to a person in need of help by him who has been
charged with an offence punishable by imprisonment for more than two
years; and
(b) notwithstanding the provisions of Section 176(5) (establishment of offices) he
shall provide legal aid, advice and assistance to any person when directed to
do so by the Supreme Court or the National Court; and
(c) in his discretion in any matter, whether of a criminal or civil nature provided
that such assistance shall be—
(i) limited to advice and preparation of documents in any proceedings in
respect of which an Act of the Parliament prohibits legal representation
of any party to the proceedings; and
(ii) granted in accordance with an order of priorities relative to the
resources of the Public Solicitor laid down by an Act of the Parliament.
(3) A person aggrieved by a refusal of the Public Solicitor to provide legal aid may
apply to the Supreme Court or the National Court for a direction under Subsection (2)(b).
(4) For the purposes of this section the need of a person is to be interpreted in
relation to each particular case and, without limiting the generality of this expression,
account shall be taken of the means of the person to meet the probable cost of obtaining
alternative legal assistance, the availability of such assistance and the hardship which
might result to the person if compelled to obtain legal assistance other than by the Public
Solicitor.
(5) An Act of Parliament may make provision for the Public Solicitor to make a
reasonable charge for services provided by him to persons in need of his help whom he
considers are able to make a contribution towards the cost of these services.
(6) An Act of the Parliament may confer, or may provide for the conferring of,
additional functions, not inconsistent with the performance of the functions conferred by
Subsections (1) and (2), on the Public Prosecutor or the Public Solicitor.
Subdivision H.—Removal from Office of Senior Judicial and Legal Office-
holders.
178. Grounds of removal.
A Judge, the Public Prosecutor, the Public Solicitor or the Chief Magistrate may,
during his term of office, be removed from office only—
(a) for inability (whether arising from physical or mental infirmity or otherwise)
to perform the functions and duties of his office; or
(b) for misbehaviour; or
(c) in accordance with Division III.2 (leadership code), for misconduct in office.
179. Removal from office of Chief Justice.
(1) If the National Executive Council is satisfied that the question of the removal
from office of the Chief Justice should be investigated, the Head of State, acting with,
and in accordance with, the advice of the National Executive Council, may—
(a) appoint a tribunal under Section 181 (constitution, etc., of tribunals); and
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(b) refer the matter, together with a statement of the reasons for its opinion, to the
tribunal for investigation and report to it.
(2) If the tribunal reports that there are good grounds for removing the Chief Justice
from office, the Head of State, acting with, and in accordance with, the advice of the
National Executive Council, may, by notice in writing to the Chief Justice, remove him
from office.
(3) The Prime Minister shall send a copy of the notice, together with a copy of the
report of the tribunal, to the Speaker for presentation to the Parliament, and shall also
forward copies to the Judicial and Legal Services Commission.
180. Removal from office of other Judges, etc.
(1) If the Judicial and Legal Services Commission is satisfied that the question of
the removal from office of a Judge (other than the Chief Justice), the Public Prosecutor,
the Public Solicitor or the Chief Magistrate should be investigated, it may—
(a) appoint a tribunal under Section 181 (constitution, etc., of tribunals); and
(b) refer the matter, together with a statement of the reasons for its opinion, to the
tribunal for investigation and report to it.
(2) If the tribunal reports that there are good grounds for removing the Judge, Public
Prosecutor, Public Solicitor or Chief Magistrate from office, the Judicial and Legal
Services Commission, may, by notice in writing to the Judge, Public Prosecutor, Public
Solicitor or Chief Magistrate, as the case may be, remove him from office.
(3) The Commission shall send a copy of the notice, together with a copy of the
report of the tribunal, to the Speaker for presentation to the Parliament.
181. Constitution, etc., of tribunals.
(1) A tribunal for the purposes of Section 179 (removal from office of Chief Justice)
or 180 (removal from office of other Judges, etc.) shall consist of a Chairman and two
other members, each of whom must be—
(a) a Judge or former Judge of the Supreme Court or of the National Court; or
(b) a former Judge or acting Judge of the pre-Independence Supreme Court; or
(c) a Judge or former Judge of a court of unlimited jurisdiction of a country with
a legal system similar to that of Papua New Guinea, or of a court to which an
appeal from such a court lies.
(2) The tribunal shall make due inquiry into any matter referred to it without regard
to legal formalities or the rules of evidence, and shall inform itself in such manner as it
thinks proper, subject to compliance with the principles of natural justice.
182. Suspension.
(1) Where a question has been referred to a tribunal under this Subdivision—
(a) the Head of State, acting with, and in accordance with, the advice of the
National Executive Council, in the case of the Chief Justice; or
(b) the Judicial and Legal Services Commission, in any other case,
may suspend the person concerned from office pending the report of the tribunal, and
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(2) Unless otherwise determined by the Head of State, acting with, and in
accordance with, the advice of the National Executive Council, or by the Judicial and
Legal Services Commission, as the case may be, the suspension shall be on full pay.
(3) Where at the time of the suspension, a suspended Judge or Chief Magistrate was
dealing with any judicial proceedings, he may continue and complete those proceedings,
unless the Judicial and Legal Services Commission in the case of the Chief Justice, or the
Chief Justice in any other case, otherwise orders.
Subdivision I.—The Judicial and Legal Services Commission.
183. Establishment of the Commission.
(1) A Judicial and Legal Services Commission is hereby established.
(2) Subject to Subsection (3), the Commission consists of—
(a) the Minister responsible for the National Justice Administration, or a person
nominated by him, who is the Chairman; and
(b) the Chief Justice; and
(c) the Deputy Chief Justice; and
(d) the Chief Ombudsman; and
(e) a member of the Parliament appointed by the Parliament.
(3) When the Commission is considering a matter relating to the appointment or
removal from office of a member of the Magisterial Service, or any other matter relating
to the Magisterial Service prescribed for the purposes of this sub section by or under an
Act of the Parliament, the Chief Magistrate is (except in a matter involving himself) an
additional member of the Commission.
(4) The Commission is not subject to direction or control by any person or authority.
(5) An Organic Law ma y make further provision in respect of the constitution,
powers, functions, duties and responsibilities of the Commission, and for guaranteeing its
independence.
Subdivision J.—Miscellaneous.
184. Rules of court.
(1) The Judges of the Supreme Court or of the National Court may make rules of
court, not inconsistent with a Constitutional Law or an Act of the Parliament, with respect
to the practice and procedure in and in relation to the Supreme Court or the National
Court, as the case may be.
(2) Without limiting the generality of Subsection (1), the rules may make provision
for and in respect of—
(a) the practice and procedures in the offices of the Supreme Court and the
National Court; and
(b) the service and execution of process and judgements of the Supreme Court
and the National Court; and
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(c) the service and execution within the country of process and judgements of
foreign courts; and
(d) the issue by the Supreme Court or the National Court of letters of request for
the service in a foreign country of process of the Supreme Court or the
National Court, as the case may be, or for the examination of witnesses in a
foreign country; and
(e) the costs of and relating to proceedings in the Supreme Court or the National
Court; and
(f) the methods of pleading; and
(g) the attendance of witnesses and the taking of evidence; and
(h) the means by which particular facts may be proved, and the manner in which
evidence of particular facts may be given, in any proceedings or in any
application in connection with, or at any stage of, any proceedings.
(3) The rules of court may require or permit legal argument to be submitted in
writing.
(4) If an Act of the Parliament comes into force that is inconsistent with a rule of
court, the rule ceases to have effect to the extent of the inconsistency.
(5) All rules of court shall be forwarded by the Chief Justice to the Speaker, for
presentation to the Parliament, as soon as practicable after being made, and may be
disallowed by the Parliament.
185. Lack of procedural provision.
If in the circumstances of a particular case before a court no provision, or no adequate
provision, is made in respect of a matter of practice or procedure, the court shall give ad
hoc directions to remedy the lack or inadequacy.
186. Juries and assessors.
Nothing in this Division prevents the establishment, by or under an Act of the
Parliament, of a system of juries or assessors.
187. Reports by Judges.
(1) The Judges shall, at least once in each period of 12 months, at such times as are
fixed by or under an Act of the Parliament or, subject to any such Act, by the Head of
State, acting with, and in accordance with, the advice of the National Executive Council,
give to the Head of State, for presentation to the Parliament, a report on the work of the
National Judicial System, with such recommendations as to improvement as they think
proper.
(2) Nothing in Subsection (1) prevents the Judges from making, on their own
initiative or at the request of the Parliament or of the National Executive, other reports on
any aspect of the work of the National Judicial System.
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(1) Subject to this Part, an Organic Law shall make provision in respect of the
constitution, powers and functions of a Provincial Government or a Local- level
Government.
(2) For each Provincial Government and Local-level Government, there shall be
established—
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(a) a mainly elective (elected directly or indirectly), legislature with such powers
as are conferred by law; and
(b) an executive; and
(c) an office of head of the executive.
(3) An Organic Law shall provide for the minimum number of members for the
Provincial Assemblies and Local- level Governments and the maximum number of
members that may be appointed as nominated members of Provincial Asse mblies and
Local- level Governments.
(4) An Organic Law shall make provision for and in respect of—
(a) grants by the National Government to Provincial Governments and Local-
level Governments; and
(b) the imposition and collection of taxation by Provincial Governments and
Local-level Governments,
and may make other financial provisions for Provincial Governments and Local- level
Governments, to an extent reasonably adequate for the performance of their functions.
(5) An Organic Law shall make provision for the devolution and delegation to each
Provincial Government and Local- level Government of substantial powers of decision-
making and substantial administrative powers in respect of matters of direct concern to
the province and to the local- level government area.
(6) An Organic Law shall make provision in respect of the legislative powers of
Provincial Governments and Local- level Governments.
(7) A question of the adequacy of provision made under Subsection (3), (4), (5) or
(6) is non-justiciable.
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(8) Elections to a Local-level Government shall be conducted, in accordance with an
Organic Law, by the Electoral Commission.
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(1) Subject to any Constitutional Law, the application by its own force of an Act of
the Parliament is not affected by a provincial law or a local- level law.
(2) Nothing in this Part authorizes the making of a provincial law or a local- level
law, or authorizes any other action, that is inconsistent with—
(a) this Constitution (and in particular with Division 3 ( Basic Rights)); or
(b) an Organic Law,
and all questions as to such consistency are justiciable.
(3) In order to avoid fruitless controversy and litigation, an Organic Law may
provide that a question as to the effect of Subsection (1) is non-justiciable either
absolutely or to the extent or in the cases prescribed by the Organic Law, except in
proceedings between the National Government and a Provincial Government or a Local-
level Government, or between governments.
187E. Suspension of Provincial Governments and Local-level
Governments.
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Provincial Government or the Local- level Government, as the case may be.
187F. Re-establishment of Provincial Governments and Local-level
Governments.
(3) A period of nine months referred to in the preceding provisions of this section
may be extended by periods, each not exceeding six months, by the Parliament by a
simple majority vote.
(4) Subject to Subsection (3), where a Provincial Government or a Local- level
Government is suspended under Section 187E(4) (suspension of Provincial Governments
and Local-level governments) the period of suspension, unless earlier terminated, ends at
the end of nine months after the end of the war or national emergency concerned.
187G. Gradations of Provincial Governments and Local-level
Governments.
Nothing in any law is inconsistent with this Part so far as it provides for the full status,
powers or functions of Provincial Governments and Local- level Governments to be
acquired by a Provincial Government and a Local- level Government in stages, or
provides for a gradation of Provincial Governments and Local-level Governments or
provides for Interim Provincial Governments.
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The Minister responsible for provincial government and local- level government
matters shall, at least once in each period of 12 months, at such times as are fixed—
(a) by or under an Act of the Parliament; or
(b) subject to any such Act, by the Head of State, acting with, and in accordance
with, the advice of the National Executive Council,
present to the Head of State, for presentation to the Parliament, a report on the working of
the system of Provincial Governments and Local- level Governments.
PART VII.—THE STATE SERVICES.
Division 1.—Introductory.
188. Establishment of the State Services.
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(1) This section applies to and in respect of the following offices and positions:—
(a) all offices in the National Public Service the occupants of which are directly
responsible to the National Executive Council or to a Minister; and
(b) the offices of the members of the Boundaries Commission; and
(c) the office the occupant of which is responsible for the administration of the
Government broadcasting service, or, if that responsibility rests with a board
or commission, the chairman or president of the board or commission; and
(d) the offices of the persons (including members of boards or commissions)
responsible for the administration of any of the State Services; and
(e) the office of Commissioner of Police; and
(f) the office of Commander of the Defence Force; and
(g) the office of Secretary to the National Executive Council; and
(h) such other offices and positions as are prescribed by an Act of the Parliament
for the purpose,
other than the offices of the members of the Public Services Commission.
(2) All appointments (whether temporary or substantive) to offices to which
Subsection (1)(b), (c), (e) and (h) apply shall be made by the Head of State, acting with,
and in accordance with, the advice of the National Executive Council given after
consultation with the Public Services Commission and any appropriate Permanent
Parliamentary Committee, and a report concerning each of them shall be given to the
Parliament by the responsible Minister as soon as possible after it has been made.
(3) All appointments (whether temporary or substantive) to which Subsection (1)(a),
(d), (f) and (g) apply and such other offices and positions as are prescribed by an Act of
the Parliament for the purpose of this subsection, shall be made by the Head of State,
acting with, and in accordance with, the advice of the National Executive Council given
after consultation with the Public Services Commission.
(4) An Act of the Parliament may make provision for and in respect of a temporary
appointment to an office to which this section applies until such time as it is practicable
to make an appropriate substantive appointment in accordance with Subsection (2).
194. "Personnel matters".
In this Division, "personnel matters" means decisions and other service matters
concerning an individual whether in relation to his appointment, promotion, demotion,
transfer, suspension, disciplining or cessation or termination of employment (except
cessation or termination at the end of his normal period of employment as determined in
accordance with law), or otherwise.
Division 3.—The State Services Generally.
195. Organization, etc., of the State Services.
Subject to this Part, Acts of the Parliament may make provision for or in respect of the
State Services, and in particular for and in respect of—
(a) the structures and organizations of the State Services; and
(b) the employment of persons in the State Services; and
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(c) the terms and conditions of appointment to, and of employment in, the State
Services.
Division 4.—Special Provisions in Relation to the Police Force.
196. Control of the Police Force.
(1) The Police Force is subject to the control of the National Executive Council
through a Minister.
(2) The Minister has no power of command within the Police Force, except to the
extent provided for by a Constitutional Law or an Act of the Parliament.
197. Functions of the Police Force.
(1) The primary functions of the Police Force are, in accordance with the
Constitutional Laws and Acts of the Parliament—
(a) to preserve peace and good order in the country; and
(b) to maintain and, as necessary, enforce the law in an impartial and objective
manner.
(2) Insofar as it is a function of the Police Force to lay, prosecute or withdraw
charges in respect of offences, the members of the Police Force are not subject to
direction or control by any person outside the Force.
198. Commissioner of Police.
There shall be, within the Police Force, an office of Commissioner of Police, who
shall be responsible for the superintendence, efficient organization and control of the
Force in accordance with an Act of the Parliament.
199. Other forces.
There shall be only one Police Force in Papua New Guinea, but this section does not
prevent—
(a) the creation of reserve or special forces, or other similar forces (by whatever
name known); or
(b) the creation of special bodies, or the authorization of persons other than
members of the Police Force, for the administration or enforcement of
particular laws; or
(c) the conferring of police powers on persons who are not members of the
Police Force,
by or under an Act of the Parliament.
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prepare for or assist in the raising or training of such a force or in such training.
(2) Subsection (1) does not prevent—
(a) the establishment of a reserve, auxiliary or special force (by whatever name
known) as part of the Defence Force; or
(b) the establishment of civilian components of the Defence Force, or the
establishment or recognition of non-combatant units or organizations within,
attached to or associated with the Defence Force,
in accordance with an Act of the Parliament.
(3) An Act of the Parliame nt may provide that Subsection (1) does not apply to the
armed forces of any other country specified in or under the Act, or to the civilian
components of, or to the non-combatant units or organizations whether attached to or
associated with such forces.
201. Control of the Defence Force.
(1) There shall be no office of Commander- in-Chief of the Defence Force, whether
honorary or otherwise.
(2) The Defence Force is subject to the superintendence and control of the National
Executive Council, through the Minister responsible for the Defence Force.
(3) No serving member of the Defence Force may be the Minister responsible for
the Defence Force.
(4) The Minister responsible for the Defence Force shall not use any military rank
or title, and, except to the extent provided for by Constitutional Law or an Act of the
Parliament, has no power of command within the Defence Force.
(5) There shall be—
(a) within the Defence Force, an office of Commander of the Defence Force,
who shall be the principal military adviser to the Minister responsible for the
Defence Force on matters relating to the Defence Force; and
(b) within the National Public Service, an officer of the Service, who shall be the
princ ipal civilian adviser to the Minister on matters relating to the Defence
Force,
and each of whom shall have such other powers, functions, duties and responsibilities as
are prescribed by or under an Act of the Parliament.
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(2) The Defence Force or a part of the Defence Force may not be ordered on, or
committed to—
(a) active service; or
(b) an international peace-keeping or relief operation,
outside the country without the prior approval of the Parliament.
(3) If practicable before, and in any event as soon as practicable after, action is
taken under Subsection (1) or the Defence Force becomes engaged in war or warlike
operations, or in defence against attack, the Parliament shall be advised of the action
taken, or likely to be taken, and of the reasons for it, and shall be given an opportunity to
debate the matter.
(4) Subsection (1)(b) does not prevent—
(a) the Defence Force or a part of the Defence Force being sent out of the
country for normal administrative or training purposes; or
(b) any action that is required or permitted by an Act of the Parliament for the
purposes of enforcing a law.
206. Visiting forces.
(1) An Act of the Parliament may make provision for or in respect of—
(a) the presence in the country, by arrangement with the National Executive, of
forces of another country; and
(b) the presence in another country of the Defence Force or a part of the Defence
Force,
and in particular for or in respect of—
(c) the concession to courts or tribunals, and to service authorities, of the other
country of jurisdiction over members of its forces (other than citizens of
Papua New Guinea) in relation to some or all civil and criminal matters; or
(d) the assertion of the exclusive jurisdiction of courts and tribunals of Papua
New Guinea, and of Defence Force authorities, over members of the Defence
Force in another country.
(2) Except in relation to its own members or to civilian components of, or civilians
accompanying, the force, a visiting force of another country shall not be used in the
country in any role in which the Defence Force may not be used, and accordingly any law
that restricts the role, powers or functions of the Defence Force or of members of the
Defence Force applies equally to visiting forces and members of visiting forces.
(3) A law made for the purposes of Subsection (1) may apply, in whole or in part, to
civilian components of, or civilians accompanying, the Defence Force or a part of the
Defence Force, or to civilian components of, or civilians accompanying a visiting force.
Division 6.—Special Provisions relating to Disciplined Forces.
207. Definition of "disciplined force".
(1) The following are, for the purposes of this Division, disciplined forces:—
(a) the Police Force; and
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(2) For each fiscal year, there shall be a National Budget comprising—
(a) estimates of finance proposed to be raised and estimates of proposed
expenditure by the National Government in respect of the fiscal year; and
(b) separate appropriations for the service of that year in respect of—
(i) the services of the Parliament; and
(ii) general public services; and
(iii) the services of the Judiciary; and
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(2) Subject to Subsections (3) and (4), Parliament may reduce, but shall not increase
or re-allocate, the amount or incidence of, or change the purpose of, any proposed
taxation, lo an or expenditure.
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(3) Where, in the opinion of the Parliament, the proposed expenditure for the services
of the Parliament or the services of the Judiciary is below the estimate submitted by the
Speaker or Chief Justice respectively and is insufficient adequately to meet the
requirements of that service, the Parliament may increase the expenditure to an amount
not exceeding the original estimates submitted by the Speaker or the Chief Justice, as the
case may be, under Section 209(2B).
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(4) For the purposes of Subsection (3), the Parliament may re-allocate, or reduce and
re-allocate, the amount of expenditure appropriated for any purpose.
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(1) All moneys of or under the control of the National Government for public
expenditure and the Parliament and the Judiciary for their respective services, shall be
dealt with and properly accounted for in accordance with law.
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(2) No moneys of or under the control of the National Government for public
expenditure or the Parliament and the Judiciary for their respective services, shall be
expended except as provided by this Constitution or by or under an Act of the Parliament.
212. Revenue and expenditure without prior approval.
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(1) If at the beginning of a fiscal year the Parliament has not made provision for
public expenditure by the National Executive or expenditure by the Parliament or the
Judiciary for their respective services for that year, the National Executive, the
Parliament or the Judiciary, as the case maybe, may, without authorization other than this
section but in accordance with an Act of the Parliament, expend amounts appropriated
out of the Consolidated Revenue Fund for the purpose not exceeding in total one-third of
its respective budgeted expenditure during the immediately preceding fiscal year.
(2) The authority conferred by Subsection (1) lapses when the Parliament has made
provision for the public expenditure for the fiscal year in question, and any amounts
expended by virtue of that subsection are a charge against the expenditure so provided for
and shall be properly brought to account accordingly.
Subdivision B.—The Auditor-General.
213. Establishment of the office of Auditor-General.
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purposes.
(3) Notwithstanding that other provision for inspection or audit is made as provided
for by Subsection (2), the Auditor-General may, if he thinks it proper to do so, inspect
and audit, and report to the Parliament on, any accounts, finances or property of an
institution referred to in that subsection, insofar as they relate to, or consist of or are
derived from, public moneys or property of Papua New Guinea.
(4) An Act of the Parliament may expand, and may provide in more detail for, the
functions of the Auditor-General under Subsections (1), (2) and (3), and may confer on
the Auditor-General additional functions and duties not inconsistent with the performance
of the functions and duties conferred and imposed by those subsections.
Subdivision C.—The Public Accounts Committee.
215. Establishment of the Committee.
There shall be a Public Accounts Committee, which is a Permanent Parliamentary
Committee for the purposes of Subdivision VI.2.E (the Committee system).
216. Functions of the Committee.
(1) The primary function of the Public Accounts Committee is, in accordance with
an Act of the Parliament, to examine and report to the Parliament on the public accounts
of Papua New Guinea and on the control of and on transactions with or concerning, the
public moneys and property of Papua New Guinea.
(2) Subsection (1) extends to any accounts, finances and property that are subject to
inspection and audit by the Auditor-General under Section 214(2) (functions of the
Auditor-General), and to reports by the Auditor-General under that subsection or Section
214(3) (functions of the Auditor-General).
(3) An Act of the Parliament may expand, and may provide in more detail for, the
functions of the Committee under Subsections (1) and (2), and may confer on the
Committee additional functions and duties not inconsistent with the performance of the
functions and duties conferred and imposed by those subsections.
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Division 1A.—Salaries and Remuneration Commission.
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(a) the salaries, allowances and benefits, financial and otherwise (including
pensions and retirement benefits if they are not provided for by law other than
this provision), for all or any members of the Parliament; and
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(b) the salaries, allowances and benefits, financial and otherwise (including
pensions or retirement benefits), for all or any members of Provincial
Assemblies and members of Local- level Governments; and
(c) the salaries, allowances and benefits, financial and otherwise (including
pensions or retirement benefits if they are not provided for by law other than
this provision) for all the Judges; and
(d) the salaries, allowances and benefits, financial or otherwise (including
pensions or retirement benefits if they are not provided for by law other than
this provision) for all Constitutional Office- holders; and
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(e) the salaries, allowances and benefits, financial and otherwise (including pensions
or retirement benefits if they are not provided for by law other than this provision) for all
Departmental Heads and the Heads of all bodies set up by statute for governmental or
official purposes; and
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(f) the salaries, allowances and benefits, financial and otherwise (including pensions
or retirement benefits if they are not provided for by law other than this provision ) for the
Heads of all bodies (including companies incorporated under any law) in which the
National Government has a financial interest and which are declared by the Head of State,
acting with, and in accordance with, the advice of the National Parliament to be bodies to
which this provision applies; and
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(g) that the Parliament considers, and approves or rescinds, any decision made by the
Salaries and Conditions Monitoring Committee which the Commission, after
consideration, is of the opinion should be referred to the Parliament.
(4) The Parliament shall determine the salaries, allowances and benefits, financial
and otherwise of the members of the Parliament, Provincial Assemblies, the Judges and
other Constitutional Office-holders in accordance with recommendations of the
Commission made under Subsection (3).
(5) Parliament may accept or reject, but may not amend, any recommendations of
the Commission.
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(5A) Effect may be given to the provisions of a recommendation by the Commission
under Subsection (3)(a) to (f) inclusive pending the acceptance or rejection of the
recommendation by the Parliament and where effect is so given and the Parliament
subsequently—
(a) accepts the recommendation—the provisions of the recommendation are
deemed to have had effect from the date on which they were so effected; and
(b) rejects the recommendation—the provisions of the recommendation—
(i) cease to have effect from the date on which they are rejected by the
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Parliament;
(ii) are deemed to have been valid from the date on which they were
effected until the date on which they are rejected by the Parliament.
(6) An Act of the Parliament shall make further provision in respect of—
(a) the salaries and remuneration for the holders of the different offices or levels
of offices held by—
(i) members of the Parliament; and
(ii) members of Provincial Assemblies; and
(iii) the Judges; and
(iv) other Constitutional Office- holders; and
(b) the powers and procedures of the Commission and generally in respect of it.
(7) The provisions of this section apply notwithstanding any law that prescribes a
code of conduct for leaders or imposes a duty, restraint or obligation on leaders acquiring
a benefit or gain.
Division 2.—The Ombudsman Commission.
217. The Ombudsman Commission.
(1) There shall be an Ombudsman Commission, consisting of a Chief Ombudsman
and two Ombudsmen.
(2) The members of the Commission shall be appointed by the Head of State, acting
with, and in accordance with, the advice of an Ombudsman Appointments Committee
consisting of—
(a) the Prime Minister, who shall be Chairman; and
(b) the Chief Justice; and
(c) the Leader of the Opposition; and
(d) the Chairman of the appropriate Permanent Parliamentary Committee, or, if
the Chairman is not a member of the Parliament who is recognized by the
Parliament as being generally committed to support the Government in the
Parliament, the Deputy Chairman of that Committee; and
(e) the Chairman of the Public Services Commission.
(3) The salary and other conditions of employment of the Chief Ombudsman shall
not be less than or inferior to the salary and other conditions of employment of a Judge
other than the Chief Justice and the Deputy Chief Justice without taking into account any
conditions of employment personal to that Judge.
(4) The salary and other conditions of employment of the Ombudsmen shall be not
less than or inferior to the salary and other conditions of employment of the Public
Prosecutor, without taking into account any conditions of employment personal to any
particular Public Prosecutor.
(5) In the performance of its functions under Section 219 (functions of the
Commission) the Commission is not subject to direction or control by any person or
authority.
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(6) The proceedings of the Commission are not subject to review in any way, except
by the supreme Court or the National Court on the ground that it has exceeded its
jurisdiction.
(7) An Organic Law shall make further provision in respect of the appointment,
powers, procedures and immunity of the Commission.
(8) In this section "conduct" includes—
(a) any action or inaction relating to a matter of administration; and
(b) any alleged action or inaction relating to a matter of administration.
218. Purposes of the Commission.
The purposes of the establishment of the Ombudsman Commission are—
(a) to ensure that all governmental bodies are responsive to the needs and
aspirations of the People; and
(b) to help in the improvement of the work of governmental bodies and the
elimination of unfairness and discrimination by them; and
(c) to help in the elim ination of unfair or otherwise defective legislation and
practices affecting or administered by governmental bodies; and
(d) to supervise the enforcement of Division III.2 ( leadership code).
219. Functions of the Commission.
(1) Subject to this section and to any Organic Law made for the purposes of
Subsection (7), the functions of the Ombudsman Commission are—
(a) to investigate, on its own initiative or on complaint by a person affected, any
conduct on the part of—
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(iii) any local government body or an officer or employee of any such body;
or
(iv) any other body set up by statute—
(A) that is wholly or mainly supported out of public moneys of Papua
New Guinea; or
(B) all of, or the majority of, the members of the controlling authority
of which are appointed by the National Executive,
or an officer or employee of any such body; and
(v) any member of the personal staff of the Governor-General, a Minister
or the Leader or Deputy Leader of the Opposition; or
(vi) any other body or person prescribed for the purpose by an Act of the
Parliament,
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(3) The Commission shall not inquire into the justifiability of a policy of the
National Government or a Minister or a provincial gove rnment or a member of a
provincial executive, except insofar as the policy may be contrary to law or to the
National Goals and Directive Principles, the Basic Rights or the Basic Social Obligations,
or of any act of the Parliament.
(4) The Commission shall not inquire into the exercise of a rule- making power by a
local government body.
(5) The Commission shall not inquire into a decision by a court, except insofar as
the decision may show an apparent defect in law or administrative practice to which
Subsection (1)(b) would apply.
(6) Except as provided by or under Division III.2 (leadership code), the
Commission's powers of enforcement are limited to publicity for its proceedings, reports
and recommendations, to the making of reports and recommendations to the Parliament
and other appropriate authorities as provided by an Organic Law, and to the giving of
advice.
(7) An Organic Law shall make provision in respect of the powers and procedures
of the Commission, and in particular—
(a) shall, subject to paragraph (b), make provision for the Commission to have
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221. Definitions.
In this Part—
"constitutional institution" means any office or institution established or provided
for by this Constitution, other than an office of Head of State or of a Minister,
or the National Executive Council;
"constitutional office-holder" means—
(a) a Judge; or
(b) the Public Prosecutor or the Public Solicitor; or
(c) the Chief Magistrate; or
(d) a member of the Ombudsman Co mmission; or
(e) a member of the Electoral Commission; or
(f) the Clerk of the Parliament; or
(g) a member of the Public Services Commission; or
(h) the Auditor-General; or
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(i) the holder of any other office declared by an Organic Law or an Act of
the Parliament to be a constitutional office for the purposes of this Part.
222. Other provisions relating to constitutional office-holders and
constitutional institutions.
This Part shall be read subject to any other provisions of this Constitution relating to
particular constitutional office-holders or particular constitutional institutions.
223. General provision for constitutional office-holders.
(1) Subject to this Constitution, Organic Laws shall make provision for and in
respect of the qualifications, appointment and terms and conditions of employment of
constitutional office- holders.
(2) In particular, Organic Laws shall make provision guaranteeing the rights and
independence of constitutional office-holders by, amongst other things—
(a) specifying the grounds on which, and the procedures by which, they may be
dismissed or removed from office, but only by, or in accordance with the
recommendation of, an independent and impartial tribunal; and
(b) providing that at the end of their periods of office they are entitled, unless
they have been dismissed from office, to suitable further employment by a
governmental body, or to adequate and suitable pensions or other retirement
benefits, or both, subject to such reasonable requirements and conditions (if
any) as are laid down by an Organic Law.
(3) A constitutional office-holder may not be suspended, dismissed or removed
from office during his term of office except in accordance with a Constitutional Law.
(4) The total emoluments of a constitutional office-holder shall not be reduced while
he is in office, except—
(a) as part of a general reduction applicable equally or proportionately to all
constitutional office-holders or, if he is a member of a State Service, to
members of that service; or
(b) as a result of taxation that does not discriminate against him as a
constitutional office-holder, or against constitutional office-holders generally.
(5) The office of a constitutional office-holder may not be abolished while there is a
substantive holder of the office but this subsection does not apply to the abolition of any
additional constitutional office created by an Act of the Parliament.
(6) Nothing in this section prevents the making by or under an Organic Law or an
Act of the Parliament of reasonable provision for the appointment of a person to act
temporarily in the office of a constitutional office-holder.
224. Special provision for constitutional institutions.
(1) Subject to this Constitution, Organic Laws and Acts of the Parliament shall
provide, or shall make provision for, the powers and procedures of constitutional
institutions, and generally for facilitating the performance of their functions, duties and
responsibilities.
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Division 1.—Introductory.
226. Definitions.
In this Part, unless the contrary intention appears—
"declaration of a national emergency" means a declaration under Section 228
(declaration of national emergency);
"emergency" includes, without limiting the generality of the expression—
(a) imminent danger of war between Papua New Guinea and another
country, or of warlike operations threatening national security; and
(b) an earthquake, volcanic eruption, storm, tempest, flood, fire or outbreak
of pestilence or infectious disease, or any other natural calamity
whether similar to any such occurrence or not on such an extensive
scale as to be likely to endanger the public safety or to deprive the
community or any substantial proportion of the community of supplies
or services essential to life; and
(c) action taken, or immediately threatened, by any person that is of such a
nature, and on so extensive a scale, as to be likely to endanger the
public safety or to deprive the community or any substantial portion of
the community of supplies or services essential to life;
"Emergency Act" means an Act of the Parliament made for the purposes of this
Part and in accordance with Section 230 (Emergency Acts);
"Emergency Committee" means an Emergency Committee appointed under
Section 240 (Emergency Committees), and includes a Temporary Emergency
Committee appointed and in office under Section 241 (Temporary Emergency
Committees);
"emergency law" means—
(a) an Emergency Act; or
(b) an Emergency Regulation;
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when it otherwise comes into operation, an Emerge ncy Act made before the
commencement of a period of declared national emergency shall not come into operation
until the commencement of the period.
231. Emergency Regulations.
(1) Subject to this Part, at any time before the end of the period of 24 hours after the
Parliament first meets after commencement of a period of declared national emergency
the Head of State, acting with, and in accordance with, the advice of the National
Executive Council, may make laws (to be known as "Emergency Regulations") to make
provision for dealing with the emergency concerned, and with matters arising out of it if,
and to the extent that, the nature of the emergency or its requirements necessitate the
making of the provision before the Parliament can reasonably consider the matter.
(2) An Emergency Regulation shall be immediately forwarded to—
(a) the Speaker for presentation to the Parliament; and
(b) an Emergency Committee in accordance with Section 242(1)(a) (functions
etc., of Emergency Committees) or where no Emergency Committee has been
established, to the Temporary Emergency Committee established under
Section 241 (Temporary Emergency Committees).
(3) Unless earlier extended by decision of the Parliament, an Emergency Regulation
expires at the end of the period of 28 days after the making of the declaration of the
emergency, or at the end of the period of 14 days after the Parliament first meets after the
commencement of the period of declared national emergency, whichever first happens.
232. Emergency orders.
(1) An emergency law may make provision for the giving of orders, not inconsistent
with the emergency law, by persons authorized to do so by or under the law.
(2) No emergency law shall purport to confer powers to make orders that could not
be made in the form of an emergency law.
(3) An order shall, if practicable, be in writing and be notified to the appropriate
authority appointed by law.
(4) As far as practicable, details of, or copies of, all orders given in accordance with
this section shall immediately be forwarded to—
(a) the Speaker for presentation to the Parliament; and
(b) the Emergency Committee in accordance with Section 242(1)(a) (functions,
etc., of Emergency Committees) or where no Emergency Committee has been
established, to the Temporary Emergency Committee established under
Section 241 (Temporary Emergency Committees).
233. Content, operations, etc., of emergency laws.
(1) Subject to this Part, an emergency law may make provision for the peace, order
and good government of the country to the extent reasonably required for achieving its
purpose.
(2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections
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(3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to
conditions, any provision of Division III.3 (basic rights), any Organic Law made for the
purposes of any such provision or any other law (other than a Constitutional Law) to the
extent reasonably necessary to deal with the emergency concerned, and with matters
arising out of it, but only so far as is reasonably justifiable in a democratic society having
a proper regard for the rights and dignity of mankind.
(3) An emergency law—
(a) may not alter—
(i) Section 35 (right to life); or
(ii) Section 36 (freedom from inhuman treatment); or
(iii) Section 45 (freedom of conscience, thought and religion); or
(iv) Section 50 (right to vote and stand for public office); or
(v) Section 55 (equality of citizens); or
(vi) Section 56 (other rights and privileges of citizens); and
(b) may provide for internment only in accordance with Division 5 (internment);
and
(c) may alter Section 37 (protection of the law) or Section 42 (liberty of the
person) only to the extent allowed by paragraph (b).
(4) In addition, an Emergency Regulation may not alter—
(a) Section 46 (freedom of expression); or
(b) Section 47 (freedom of assembly and association); or
(c) Section 49 ( right to privacy); or
(d) Section 51 ( right to freedom of information),
and may not provide for a sentence of imprisonment for a period exceeding nine months.
(5) In the case of an inconsistency between a valid emergency law and any other
law, the law made later prevails.
234. Release from custody on expiry, etc., of Emergency Regulations.
Subject to any Act of the Parliament made for the purpose of dealing with the effect of
the expiry or revocation of a particular Emergency Regulation, any person held in
custody under or for the purposes of an Emergency Regulation shall be released from
custody on its expiry or repeal, unless he is also held in custody under some other law.
235. Custody of members of Parliament under Emergency Regulations or
in internment.
If a member of the Parliament is held in c ustody under an Emergency Regulation, or is
an internee, he shall, at all times when the Parliament is in session or when a committee
(of which he is a member) of the Parliament is meeting, be released, on such conditions
(if any) as are prescribed by an Act of the Parliament, into the custody of the Parliament
in order to allow him to attend to his parliamentary duties, unless he is also held in
custody under some other law.
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emergency the Prime Minister shall present to the Parliame nt a statement setting out—
(a) the reasons for the declaration of war or of the national emergency, or for the
continuance of the period; and
(b) the reasons for any new Emergency Regulations; and
(c) a report on the operation of the emergency laws.
(3) Unless earlier revoked, a declaration of a national emergency expires at the end
of the period of 21 days after its making, but may be extended from time to time by
decision of the Parliament by an absolute majority vote, for a period or periods each not
exceeding two months.
240. Emergency Committees.
(1) An Act of the Parliament shall provide for and in respect of the appointment of
committees of the Parliament (to be known as "Emergency Committees") in respect of a
period or periods of declared national emergency.
(2) No Minister may be a member of a Committee.
(3) A Committee shall be available to meet at all times during the period in respect
of which it was appointed.
(4) Subject to the availability of members to meet in accordance with Subsection
(3), a Committee should, in principle, be broadly representative of the various parts of the
country and of parties and groups in the Parliament.
241. Temporary Emergency Committees.
(1) An Act of the Parliament or the Standing Orders of the Parliament shall make
provision for and in respect of the appointment of a Temporary Emergency Committee to
hold office if a period of declared national emergency commences at a time when the
Parliament is not in session and an Emergency Committee has not been established in
accordance with Section 240 (Emergency Committees) in respect of the period.
(2) A Temporary Emergency Committee ceases to hold office (except for the
purpose of making a report in accordance with Section 242(2) (functions, etc., of
Emergency Committees) as to events occurring during its term of office)—
(a) at the time of the establishment of an Emergency Committee in accordance
with Section 240 (Emergency Committees) in respect of the period of
declared national emergency; or
(b) at the end of the first meeting of the Parliament after its establishment,
whichever first occurs.
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the situation and in particular concerning proposed emergency laws and the
operation of existing emergency laws.
(2) At each meeting of the Parliament during a period of declared national
emergency the Emergency Committee shall present to the Parliament a statement as to—
(a) whether or not the period of declared national emergency should continue;
and
(b) the justification for and the operation of the emergency laws; and
(c) whether or not any emergency law should be altered,
and such other related matters as it thinks fit.
(3) As soon as practicable after receipt by him of a request to do so from t he
Emergency Committee, and in any event not more than 15 days afterwards, the Speaker
shall call a meeting of the Parliament to consider—
(a) any statements by the Committee under Subsection (2) and by the Prime
Minister under Section 239(2) (Parliamentary control); and
(b) whether or not the period of declared national emergency should be allowed
to continue; and
(c) whether or not an emergency law should be altered,
and such other matters as the Parliament thinks fit.
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(5) In his certificate given under Section 110 (certification as to making of laws) the
Speaker must certify that the requirements of Subsection (2)(a) and (b), and of Subsection
(3) or (4), as the case may be, have been complied with.
(6) Internment may continue after the end of the period of declared national
emergency only to the extent that is reasonably required for the orderly and peaceful
repatriation, resettlement or re-establishment of internees.
245. Internment.
(1) The following provisions apply to and in relation to an internee:—
(a) an internee and his next-of-kin or other close relative in the country shall, as
soon as practicable and in any case not more tha n seven days after the
commencement of his internment, be furnished with a statement in writing in
a language that he understands specifying in detail the grounds upon which he
is interned; and
(b) subject to Section 244(6) (laws providing for internment), an internee (other
than an alien enemy) shall be released from detention at the end of the period
of two months after his internment unless an independent and impartial
tribunal established under paragraph (e) has reviewed his case and found that
sufficie nt cause has been shown for his internment; and
(c) subject to Section 244(6) (laws providing for internment) an internee (other
than an alien enemy) shall be released from detention at the end of the period
of six months after his internment; and
(d) an internee (other than an alien enemy) is entitled to have his case reviewed
by an independent and impartial tribunal established under paragraph (e) as
soon as practicable after he has been interned, and in any case not more than
one month after the commencement of his internment, and afterwards at
intervals not exceeding two months; and
(e) an Organic Law shall provide for the establishment of the independent and
impartial tribunal referred to in this section and that the Chairman of the
tribunal shall be a person qualified to be a Judge of the National Court; and
(f) the Organic Law referred to in paragraph (e) shall provide that as far as
practicable where the case of an internee is being reviewed on a second or
subsequent occasion, a majority of the members (including the Chairman) of
any tribunal referred to in that paragraph which conducts that review shall be
different from the members of any such tribunal which previously reviewed
the case of that detainee; and
(g) subject to Subsection (5), where a tribunal established under paragraph (e)
finds that a citizen has been interned wrongly or without sufficient reason—
(i) the Head of State, acting with, and in accordance with, the advice of the
National Executive Council shall order that he be released; and
(ii) he is entitled to compensation, in accordance with law, for the
internment and any consequences of it; and
(h) subject to Subsection (5), where a tribunal established in accordance with
paragraph (e) finds that there are no longer sufficient grounds for the
internment of a citizen, the Minister responsible for national security shall
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the purpose, the Oath of Allegiance, the Declaration of Loyalty, the Judicial Declaration
or the Declaration of Office (or any other oath, affirmation or declaration that is required
or permitted to be taken or made by or for the purposes of a Constitutional Law) may be
taken or made before any person appointed for the purpose by or under an Act of the
Parliament, or in the absence of any such Act, before a person appointed for the purpose
by the Head of State, acting with, and in accordance with, the advice of the National
Executive Council.
(2) Notwithstanding the provisions of Subsection (1), an oath, affirmation or
declaration referred to in that subsection is binding and effectual no matter before whom
it is taken or made.
251. Taking certain oaths, etc., by non-citizens.
(1) If—
(a) it is desirable that a non-citizen be appointed to an office under a statute; and
(b) it is a requirement that in order to be qualified for appointment, or to enter
upon the duties or exercise the powers of the office, a person must take the
Oath of Allegiance or make the Declaration of Loyalty, or take or make some
oath, affirmation or declaration; and
(c) the National Executive Council is satisfied that, by reason of the law of some
other country, to take the Oath of Allegiance or make the Declaration of
Loyalty, or to take or make the other oath, affirmation or declaration, in the
prescribed manner or fo rm would or might adversely affect the nationality or
citizenship status of the person concerned,
the Head of State, acting with, and in accordance with, the advice of the National
Executive Council, may, by order, substitute some oath, affirmation or declaration or, if
thought necessary, exempt the person from the requirement.
(2) Notwithstanding Subsection (1), the non-citizen is subject to all laws as if he had
made the Declaration of Loyalty, or had taken or made the other oath, affirmation or
declaration, as the case may be.
(3) Nothing in Subsection (1) applies to or in respect of the Judicial Declaration.
252. The National Gazette.
There shall be an official journal of the Nationa l Government, which shall be known
as the National Gazette or by such other name as is given by or under an Act of the
Parliament.
253. Slavery, etc.
Slavery, and the slave trade in all their forms, and all similar institutions and practices,
are strictly prohibited.
254. Filling of offices, etc.
In principle —
(a) no constitutional office shall be left unfilled on a substantive basis for longer
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(1) Acts of the Parliament may make provision for and in respect of—
(a) a Commission on Provincial Government, the primary function of which shall
be to investigate the workings of the system of provincial government; and
(b) other commissions and committees to investigate such other aspects of the
working of this Constitution as the Parliament thinks desirable.
(2) The commissions and committees established in accordance with Subsection
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(1)(b) shall report to the General Constitutional Commission on the subject matters of
their respective investigations, with such recommendations (if any) as they think
desirable, in time to allow the General Constitutional Commission to report to the
Parliament in accordance with Section 260 (General Constitutional Commission).
(3) The General Constitutional Commission shall ensure that any reports of
commissions or committees established in accordance with Subsection (1)(b) are
forwarded to the Speaker for presentation to the Parliament before or at the same time as
its report is so forwarded.
263. Further definition, etc.
Acts of the Parliament may make provision for further defining the terms of reference
of the General Constitutional Commission and any other commissions or committees
established in accordance with Section 262 (subordinate commissions and committees).
PART XIII.— IMMEDIATE AND TRANSITIONAL PROVISIONS.
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(3) The Boundaries Commission shall recommend to the Parliament the number of
open electorates and their boundaries for determination by the Parliament under Section
125(1) (electorates) as soon as possible after Independence Day.
(4) Unless a general election to the Parliament is held earlier under Section 105
(general elections) the term of the first Parliament is—
(a) the balance of the term of the pre-Independence House of Assembly
remaining unexpended immediately after Independence Day; and
(b) the period up to the first general election held after Independence Day and the
first general elections shall be held, as directed by the Head of State, acting
with, and in accordance with, the advice of the Electoral Commission, in the
months May and June 1977.
(5) If the Parliament has not made a determination under Section 125(1)
(electorates) in time for the first general elections held after Independence Day—
(a) the number and boundaries of the open electorates shall remain the same as
for the previous general elections; and
(b) the number of provincial electorates shall be as determined by an Organic
Law; and
(c) the boundaries of the provincial electorates shall be as determined by the
Head of State, acting with, and in accordance with, the advice of the
Boundaries Commission, but so that the boundaries of the provincial
electorates—
(i) enclose all the territory of open electorates within each province; and
(ii) so near as may be, coincide with the boundaries of the provinces as
defined in the Organic Law on Provincial Boundaries and the
boundaries of the National Capital District as defined in the Organic
Law on the Boundaries of the National Capital District.
(6) If a provincial electorate consists of two or more provinces, an Organic Law
shall make adequate provision for—
(a) the dec laration of each province as a provincial electorate; and
(b) each electorate to be represented by a provincial member,
as soon as practicable after Independence Day.
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(b) the Senior Puisne Judge in office immediately before Independence Day is
the First Deputy Chief Justice of Papua New Guinea; and
(c) each Judge in office immediately before Independence Day is a Judge of the
National Court; and
(d) each acting Judge in office immediately before Independence Day is an
Acting Judge of the National Court,
on the same terms and conditions that were applicable to him before Independence Day
but in no case shall his term of office exceed three years from the date of his present
appointment.
(2) If it is not practicable for a person referred to in Subsection (1)(a), (b) or (c) to
comply with the requirements of Subsection (1), he shall take and make the necessary
oath or declarations, or both, as the case requires, at such time and place, and in such
manner and form, as are directed by the Head of State, acting with, and in accordance
with, the advice of the Prime Minister.
(3) Any provision of this Constitution preventing a person referred to in Subsection
(1)(a), (b) or (c) from entering upon the duties of his office until he has taken the Oath of
Allegiance or made the Declaration of Loyalty, the Declaration of Office or the Judicial
Declaration (as the case requires) is suspended pending compliance with the preceding
provisions of this section.
273. Treaties applying before Independence.
The provisions of Section 117 (treaties, etc.) do not prevent the Head of State, acting
with, and in accordance with, the advice of the National Executive Council, from making
a declaration that an international commitment, that, immediately before Independence
Day, applied to the territory at that time known as Papua New Guinea or a component
part of that territory may, by agreement, be treated as if it were binding on Papua New
Guinea for a period not exceeding five years after that day.
274. Composition of certain constitutional institutions.
Except where expressly provided otherwise in a Constitutional Law, until 16
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September 1985, where a constitutional institution other than the Supreme Court or the
National Cour t is composed of more than one person, the majority of those persons must
be citizens, but failure to comply with this section does not invalidate any act of the
institution.
275. Chairmanship of tribunal to review internments.
Until 16 September 1985, in addition to persons who are qualified to be appointed as
Judges of the National Court, a person who holds office as a magistrate of the highest
grade or classification is eligible for appointment as Chairman of a tribunal appointed in
accordance with Section 245(1)(e) (internment).
SCHEDULES.
SCHEDULE 1.
RULES FOR SHORTENING AND INTERPRETATION OF THE
CONSTITUTIONAL LAWS.
PART 1.—INTRODUCTORY.
Sch.1.1. Application of Schedule 1.
(1) The rules contained in this Schedule apply, unless the contrary intention appears,
in the interpretation of the Constitution and of the Organic Laws.
(2) Unless adopted by law for the purposes, they do not apply to any other law.
PART 2.—GENERAL
Sch.1.2. Meaning of certain expressions.
(1) In this Constitution or an Organic Law—
"absolute majority vote", in relation to proceedings in the Parliament, means—
(a) if qualified by reference to a certain fraction or percentage, affirmative
votes equal to not less than that fraction or percentage of the total
number of seats in the Parliament; or
(b) if not so qualified, affirmative votes equal to more than one half of the
total number of those seats;
"act" includes omission or failure to act;
"Act of the Parliament" means a law (other than a Constitutional Law) made by
the Parliament, and includes a subordinate legislative enactment made under
any such law;
"alter", in relation to any provision of this Constitution or any other law, includes
repeal (with or without re-enactment or the making of other provision),
amend, modify, suspend (or remove a suspension) or add to the words or
effect of the provision;
"committee", in relation to the Parliament, includes a subcommittee of a
committee of the Parliament;
"Constitutional Law" means this Constitution, a law altering this Constitution or
an Organic Law;
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In a Constitutional Law—
(a) words importing the masculine gender include females; and
(b) words in the singular include the plural and words in the plural include the
singular.
Sch.1.9. Provision where no time prescribed.
Where no time is prescribed or allowed within which an act is required or permitted by
a Constitutional Law to be done, the act shall or may be done, as the case may be, with all
convenient speed and as often as the occasion arises.
Sch.1.10. Exercise and performance of powers and duties.
(1) Where a Constitutional Law confers a power or imposes a duty, the power may
be exercised, or the duty shall be performed, as the case may be, from time to time as
occasion requires.
(2) Where a Constitutional Law confers a power or imposes a duty on the holder of
an office as such, the power may be exercised, or the duty shall be performed, as the case
may be, by the holder (whether substantive or other) for the time being of the office.
(3) Where a Constitutional Law confers a power to make any instrument or decision
(other than a decision of a court), the power includes power exercisable in the same
manner and subject to the same conditions (if any) to alter the instrument or decision.
(4) Subject to Subsection (5), where a Constitutional Law confers a power to make
an appointment, the power includes power to remove or suspend a person so appointed,
and to appoint another person temporarily in the place of a person so removed or
suspended or, where the appointee is for any reason unable or unavailable to perform his
duties, to appoint another person temporarily in his place.
(5) The power provided for by Subsection (4) is exercisable only subject to any
conditions to which the exercise of the original power or appointment was subject.
Sch.1.11. Determination of appropriate authority.
Where a Constitutional Law refers to "the appropriate Permanent Parliamentary
Committee", the Parliament shall determine which Permanent Parliamentary Committee
is the appropriate committee for the purpose and where the Parliament fails to do so the
Speaker may so determine.
Sch.1.12. Power of majority of more than two persons, and quorums.
(1) Where a Constitutional Law requires or permits an act or thing to be done by
more than two persons, a majority of them may do it.
(2) Subsection (1) does not affect any requirement of a quorum, and, subject to
Subsection (3), where no quorum is prescribed for a body the quorum is the full
membership of the body.
(3) A power conferred by a Constitutional Law, otherwise than on the body in
question, to determine the procedures of a body includes power to determine a quorum.
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(4) The exception contained in Subsection (3) does not apply to the National
Executive Council.
Sch.1.13. Attainment of age.
For any purpose of a Constitutional Law, a person attains a certain age at the first
moment of the relevant anniversary of his birth.
Sch.1.14. References to series.
(1) Where in a Constitutional Law a reference is made to a serie s by reference to
two numbers, one at the beginning and one at the end of the series, each of those numbers
forms part of the series.
(2) The reference in Subsection (1) to numbers include, where the elements of a
series are identified by letters or in some other manner, references to letters or that other
means of identification.
Sch.1.15. Residence.
(1) Where in a Constitutional Law there is a requirement for any purpose of
permanent residence or of continuous residence in a place (including the area of Papua
New Guinea), an Organic Law may provide that—
(a) periods of temporary absence from that place shall be counted as periods of
residence in that place; or
(b) periods of temporary absence from that place shall not be counted as periods
of residence in that place but otherwise do not affect the continuity of
residence.
(2) In Subsection (1), "temporary absence" means, subject to Subsection (3),
absence for temporary purposes with the intention of returning.
(3) An Organic Law may further provide for the definition of classes of absence that
constitute or do not constitute temporary absence for the purposes of any provision of a
Constitutional Law.
Sch.1.16. Effect of time limits.
(1) Where in a Constitutional Law a time limit is imposed for the doing of an act
(whether the provision is mandatory, directory or permissive, and whether it is positive or
negative), and in a particular case it is not practicable to comply with that limitation, the
period shall be deemed to be extended by whatever period is necessary to make
compliance practicable.
(2) The operation of Subsection (1) is not excluded by a provision that unqualifiedly
specifies a time limit or a maximum time limit.
Sch.1.17. Repeal, etc.
(1) The repeal of a Constitutional Law or a part of a Constitutional Law does not—
(a) revive anything (including a statute or any part of the underlying law) that
was not in force or existing immediately before the repeal took effect; or
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(b) affect the previous operation of the repealed provisions or anything duly done
or suffered under them; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred
under the repealed provisions; or
(d) affect any penalty, forfeiture or punishment incurred in respect of an offence
committed against the repealed provisions; or
(e) affect any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment,
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced, and the penalty, forfeiture or punishment may be imposed, as if the repealed
provisions had continued in force.
(2) In particular, the repeal of a Constitutional Law or a part of a Constitutional Law
does not—
(a) affect any liability under Division III.2 (leadership code); or
(b) prevent the Ombudsman Commission or any other tribunal established for the
purpose of that Division from investigating any act,
to which the repealed provisions were relevant.
(3) Where a Constitutional Law or a part of a Constitutional Law is repealed and re-
enacted (with or without modification), references in any other law to any of the repealed
provisions shall, unless the contrary intention appears, be read as a reference to the
amended or replacing provision.
(4) In this section, "repeal" includes revocation, suspension and expiry.
Sch.1.18. Disallowance, etc.
(1) Where a Constitutional Law provides that a law may be disallowed, the
disallowance takes effect in the same way as a repeal of a provision of a Constitutional
Law takes effect except that, if the disallowed law altered any other law, the disallowance
revives the other law as in force before the alteration.
(2) For the purpose of Subsection (1), a refusal or fa ilure by the Parliament to
confirm, approve or extend a law that requires such confirmation, approval or extension
has the same effect as a disallowance.
Sch.1.19. Independence.
Where a Constitutional Law provides that a person or institution is not subject to
control or direction, or otherwise refers to the independence of a person or institution,
that provision does not affect—
(a) control or direction by a court; or
(b) the regulation, by or under a Constitutional Law or an Act of the Parliament,
of the exercise or performance of the powers, functions, duties or
responsibilities of the person or institution; or
(c) the exercise of jurisdiction under Division III.2 (leadership code),
Subdivision VIII.1.B (the Auditor-General), or Subdivision VIII.1.C (the
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A provision of a Constitutional Law that provides for the regulation of an act or thing
does not extend to prohibition, whether in law or in effect.
PART 3.—SPECIAL PROVISIONS RELATING TO THE OFFICE OF HEAD OF
STATE.
Sch.1.21. "the Head of State"; "the Governor-General".
For the avoidance of doubt, it is hereby declared that—
(a) in this Constitution—
(i) a reference to "the Head of State" is a reference to the Queen and Head
of State of Papua New Guinea for the time being and includes a
reference to the person or persons exercising sovereignty over the
United Kingdom of Great Britain and Northern Ireland in the event of
the youth or incapacity of the person in that sovereignty; and
(ii) a reference to "the Governor-General" does not include a reference to
the Queen or the person exercising sovereignty over the United
Kingdom of Great Britain and Northern Ireland; and
(iii) a reference to "the Head of State" is a reference to the Queen or a
person exercising sovereignty over the United Kingdom of Great
Britain and Northern Ireland or, where such a person does not act
personally, to the Governor-General as the representative of the Queen
or that person; and
(b) the question, whether in performing a function or carrying out a duty as Head
of State the Governor-General is acting in accordance with the will or opinion
of the person exercising sovereignty over the United Kingdom of Great
Britain and Northern Ireland, is non-justiciable and is not subject to the
jurisdiction of the Ombudsman Commission or any other person or authority.
SCHEDULE 2.
Sec. 18.
ADOPTION, ETC., OF CERTAIN LAWS.
PART 1.—CUSTOM.
Sch.2.1. Recognition, etc., of custom.
(1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and
enforced, as part of the underlying law.
(2) Subsection (1) does not apply in respect of any custom that is, and to the extent
that it is, inconsistent with a Constitutional Law or a statute, or repugnant to the general
principles of humanity.
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(d) to the legislation of, and to relevant decisions of the courts of, any country
that in the opinion of the court has a legal system similar to that of Papua
New Guinea; and
(e) to relevant decisions of courts exercising jurisdiction in or in respect of all or
any part of the country at any time,
and to the circumstances of the country from time to time.
(2) If in any court other than the Supreme Court a question arises that would involve
the performance of the duty imposed by Subsection (1), then, unless the question is
trivial, vexatious or irrelevant—
(a) in the case of the National Court—the court may; and
(b) in the case of any other court (not being a village court)—the court shall,
refer the matter for decision to the Supreme Court, and take whatever other action
(including the adjournment of proceedings) is appropriate.
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New Guinea).
(2) Except as provided by or under an Act of the Parliament, this Part does not apply
to or in respect of village courts.
Sch.2.9. Subordination of courts.
(1) All decisions of law by the Supreme Court are binding on all other courts, but
not on itself.
(2) Subject to Section Sch.2.10 (conflict of precedents), all decisions of law by the
National Court are binding on all other courts (other than the Supreme Court), but not on
itself (except insofar as a decision of the National Court constituted by more Judges than
one is of greater authority than a decision of the Court constituted by a lesser number).
(3) Subject to this Part, all decisions of law by a court other than the Supreme Court
or the National Court are binding on all lower courts.
(4) In Subsection (3), "lower court", in relation to a matter before a court, means a
court to which proceedings by way of appeal or review (whether by leave or as of right)
lie from the first- mentioned court in relation to the matter.
Sch.2.10. Conflict of precedents.
(1) Where it appears to a court other than the Supreme Court or the National Court
that—
(a) there are more decisions of law than one that are otherwise binding on it by
virtue of the preceding provisions of this Part and that, in relation to the
matter before it, the decisions are conflicting; or
(b) a decision of law that is otherwise binding on it by virtue of the preceding
provisions of this Part and that is otherwise applicable to the matter before
it—
(i) is not, or is no longer, appropria te to the circumstances of the country or
of the matter; or
(ii) is inconsistent with any custom that is part of the underlying law and is
applicable in relation to the matter; or
(iii) is seriously inconsistent with the trend of the adaptation and
development of the law in other respects,
then unless the question is trivial, vexatious or irrelevant the court may, and shall if so
requested by a party to the matter, state a case to the court that made the decision or
decisions or the equivalent court, or if there be no such court to the National Court, and
take whatever other action (including the adjournment of proceedings) is appropriate.
(2) Where a case is stated in accordance with Subsection (1), the court to which it is
stated may require or permit the Minister responsible for the National Justice
Administration to be represented by counsel to assist the court.
Sch.2.11. Prospective over-ruling.
(1) Subject to any decision of law that is binding upon it, in over-ruling a decision
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(1) For the purposes of this section, except in a matter before the Supreme Court or
the National Court—
(a) a decision of law by a Full Court of the pre-Independence Supreme Court,
sitting in accordance with the pre-Independence law relating to sittings of the
Supreme Court, or a decision of law on appeal from a decision of that court,
has the same binding force as a decision of law of the Supreme Court; and
(b) a decision of law by a pre-Indepe ndence Supreme Court sitting otherwise
than as a Full Court, or a decision of law on appeal from a decision of that
court, has the same binding force as a decision of law of the National Court,
subject to any decision of law of the Supreme Court or the National Court, as the case
may be, to the contrary, but otherwise no decision of law of a court or tribunal that was
not established within the National Judicial System is binding on a court within it.
(2) Subsection (1) does not prevent recourse to the decisions of law or the opinions
of courts or tribunals outside the National Judicial System (including courts or tribunals
of jurisdictions other than Papua New Guinea) for their persuasive value.
PART 6.—THE LAW REFORM COMMISSION.
Sec.Sch.1.2(1).
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DECLARATION OF OFFICE.
I…, do promise and declare that I will well and truly serve the Independent State of
Papua New Guinea and its People in the office of…
SCHEDULE 4.
Sec.Sch.1.2(1).
JUDICIAL DECLARATION.
I…, do promise and declare that I will well and truly serve the Independent State of
Papua New Guinea and its People in the office of…, that I will in all things uphold the
Constitution and the laws of the Independent State of Papua New Guinea, and I will do
right to all manner of people in accordance therewith, without fear or favour, affection or
ill-will.
SCHEDULE 5.
Sec.Sch.2.6.
ADOPTED LAWS OF OTHER COUNTRIES.
PART 1.—AUSTRALIA.
Continental Shelf (Living Natural Resources) Act 1968—Sections 9 and 14 only.
Explosives Act 1901-1973.
Judiciary Act 1903-1969—Section 84 only.
Marine Insurance Act 1909-1966.
Navigation Act 1912-1973.
Patents Act 1903-1973—Section 123 only.
Petroleum (Submerged Lands) Act 1967-1968—Section 11 only.
Nationality and Citizenship Act 1948-1967—Section 5(3) only.
Seamen's Compensation Act 1911-1972—Section 4 only (in relation to a ship
registered in the country under the Merchant Shipping Act 1894, as amended, of
England).
Seamen's War Pensions and Allowances Act 1940-1974.
Submarine Cables and Pipelines Protection Act 1963-1973.
PART 2.—ENGLAND.
Merchant Shipping Act 1894.
Merchant Shipping Act 1897.
Merchant Shipping (Liability of Ship owners and Others) Act 1900.
Merchant Shipping Act 1906.
Merchant Shipping Act 1911.
Maritime Conventions Act 1911.
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CHAPTER No. 1.
Constitution.
APPENDIX.
CONSTITUTIONAL AMENDMENTS.
Amendment No. 1—Provincial Government.
Amendment No. 2—Provincial Government Elections.
Amendment No. 3—Provincial Government (Consequential amendments).
Amendment No. 4—Leadership Code.
Amendment No. 5—Citizenship.
Amendment No. 6—Benefits and Pensions.
Amendment No. 7—Suspension and Re-establishment of Provincial Governments.
Constitutional Amendment No 8—Public Services Commission
Constitutional Amendment No. 9—Salaries and Remuneration Commission
Constitutional Amendment No. 10—The Parliament and Finance
Constitutional Amendment No. 11—Liberty of the Person
Constitutional Amendment No. 12—Leadership Code
Constitutional Amendment No. 13—Protection of the Law
Constitutional Amendment No. 14—Motions of No Confidence
Constitutional Amendment No. 15—Elections
Constitutional Amendment No. 16—Provincial Governments and Local- level
Governments
Constitutional Amendment No. 17—Further Provisions relating to Provincial
Governments and Local- level Governments
Constitutional Amendment No. 18 - Commencement of Constitutional
Amendments Nos. 16 and 17
Constitutional Amendment No. 19 - Elections
Constitutional Amendment No. 20 - Commencement of Constitutional
Amendments Nos. 16 and 17 - Further Amendment
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This is an official copy of the Legislation of PNG
• Section 19(3)(ea) was inserted by Constitutional Amendment No. 3—Provincial Government (Consequential
Amendments).
• Section 19(3)(ea) was repealed and replaced by Constitutional Amendment No. 16—Provincial Governments and
Local-level Governments.
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iv
Section 19(3)(eb) was inserted by Constitutional Amendment No. 3—Provincial Government
(Consequential Amendments).
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v
• Section 19(3)(ec) was inserted by Constitutional Amendment No. 3—Provincial Government (Consequential
Amendments),.
• Section 19(3)(ec) was repealed and replaced by Constitutional Amendment No. 16—Provincial Governments and
Local-level Governments.
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vi
• Section 26(1)(d) was repealed and replaced by Constitutional Amendment No. 3—Provincial Government
(Consequential Amendments).
• Section 26(1)(d) was repealed and replaced by Constitutional Amendment No.12—Leadership Code.
• Section 26(1)(d) was repealed and replaced by Constitutional Amendment No. 16—Provincial Governments and
Local-level Governments.
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vii
• Section 26(3) was repealed and replaced by Constitutional Amendment No. 3—Provincial Government
(Consequential Amendments).
• Section 26(3) was repealed and replaced by Constitutional Amendment No. 16—Provincial Governments and
Local-level Governments.
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viii
Section 28(1)(g)(ii) was repealed and replaced by Constitutional Amendment No 4.—Leadership Code.
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ix
Section 28(1A) was added by Constitutional Amendment No 4.—Leadership Code.
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x
Section 28(2) was repealed and replaced by Constitutional Amendment No 4.—Leadership Code.
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xi
Section 28(3) was repealed and replaced by Constitutional Amendment No 4.—Leadership Code.
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xii
• Section 31(1)(c) was repealed and replaced by Constitutional Amendment No. 3—Provincial Government
(Consequential Amendments).
• Section 31(1)(c) was amended by Constitutional Amendment No. 16—Provincial Governments and Local-level
Governments
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xiii
Section 37(4)(a) was amended by Constitutional Amendment No. 13—Protection of the Law.
PNG National Legislation
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This is an official copy of the Legislation of PNG
xli
Section 197H was repealed and replaced by Constitutional Amendment No.17—Further Provisions
relating to Provincial Governments and Local-level Governments.
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This is an official copy of the Legislation of PNG
xlii
Section 190 was repealed and replaced by Constitutional Amendment No. 8—Public Services
Commission.
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xliii
• Sections 191(1)(c) and 191(2) were amended by Constitutional Amendment No. 3—Provincial Government
(Consequential Amendments).
• Section 191 was repealed and replaced by Constitutional Amendment No. 8—Public Services Commission.
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xliv
Section 192 was repealed and replaced by Constitutional Amendment No. 8—Public Services
Commission.
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xlv
Section 209(2) repealed and replaced by Constitutional Amendment No. 10—The Parliament and
Finance.
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xlvi
Section 209(2A) added by Constitutional Amendment No. 10—The Parliament and Finance.
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xlvii
Section 209(2B) added by Constitutional Amendment No. 10—The Parliament and Finance.
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xlviii
Section 210(2) repealed and replaced by Constitutional Amendment No. 10—The Parliament and
Finance.
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xlix
Section 210(3) added by Constitutional Amendment No. 10—The Parliament and Finance.
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Section 210(4) added by Constitutional Amendment No. 10—The Parliament and Finance.
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Section 211(1) amended by Constitutional Amendment No. 10—The Parliament and Finance.
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Section 211(2) amended by Constitutional Amendment No. 10—The Parliament and Finance.
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Section 212(1) was repealed and replaced by Constitutional Amendment No. 10—The Parliament and
Finance.
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liv
Part VIII, Division 1A added by Constitutional Amendment No. 9—Salaries and
Remuneration Commission.
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lv
Section 216A(3)(a) amended by Constitutional Amendment No 21—The Salaries and Remuneration
Commission.
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lvi
Section 216A(3)(b) amended by Constitutional Amendment No. 17—Further Provisions relating to the
Provincial Governments and Local-level Governments.
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lvii
Section 216A(3)(e) added by Constitutional Amendment No 21—The Salaries and Remuneration
Commission.
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lviii
Section 216A(3)(f) added by Constitutional Amendment No 21—The Salaries and Remuneration
Commission.
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lix
Section 216A(3)(g) added by Constitutional Amendment No 21—The Salaries and Remuneration
Commission.
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This is an official copy of the Legislation of PNG
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