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PAPUA NEW GUINEA Full Text
Constitution of the Independent State of Papua New Guinea
Chapter 1 . Constitution of the Independent State of Papua New Guinea. Certified on: / /20 .
Constitution of the Independent State of Papua New Guinea. ARRANGEMENT OF SECTIONS. 1. The Independent State of Papua New Guinea. Subdivision A – Supreme Law. 11. Constitution, etc., as Supreme Law. Subdivision B – Constitutional Alteration and Organic Laws. 13. Alterations of the Constitution. Subdivision C – Constitutional Interpretation. 18. Original interpretative jurisdiction of the Supreme Court. Subdivision A – Introductory. 32. Right to freedom. Subdivision B – Fundamental Rights. 35. Right to life. Subdivision C – Qualified Rights. 38. General qualifications on qualified rights. Subdivision D – Enforcement. 57. Enforcement of guaranteed rights and freedoms. Subdivision A – The Legislative Power. 100. Exercise of the legislative power. Subdivision B – Composition of the National Parliament. 101. Membership. Subdivision C – The Speaker and the Deputy Speaker. 107. Offices of Speaker and Deputy Speaker. Subdivision D – Powers, Privileges and Procedures. 109. General power of law-making. Subdivision E – The Committee System. 118. Permanent Parliamentary Committees. Subdivision F – Calling, etc., of the Parliament. 124. Calling, etc. Subdivision G – Electorates and Elections. 125. Electorates. Subdivision H – Protection of Elections from Outside or Hidden Influence, and Strengthening of Political Parties. 127. Purposes of Subdivision H. Subdivision I – General. [131. Repealed ] Subdivision A – The National Executive and the Executive Power. 138. Vesting of the executive power. Subdivision B – The Ministry. 141. Nature of the Ministry: collective responsibility. Subdivision C – The National Executive Council. 149. The National Executive Council. Subdivision D – The Power of Mercy. 151. Grant of pardon, etc. Subdivision E – General. 153. Validity of executive acts. Subdivision A – General Structure and Principles of the National Justice Administration. 154. The National Justice Administration. Subdivision B – The Judicial Power. 158. Exercise of the judicial power. Subdivision C – The Supreme Court of Justice. 160. Establishment of the Supreme Court. Subdivision D – The National Court of Justice. 163. Establishment of the National Court. Subdivision E – Appointment, etc., of Judges. 168. Qualifications. Subdivision F – Inferior Courts, the Magisterial Service, etc. 172. Establishment of other courts. Subdivision G – The Public Prosecutor and the Public Solicitor. 176. Establishment of offices. Subdivision H – Removal from Office of Senior Judicial and Legal Office-holders. 178. Grounds of removal. Subdivision I – The Judicial and Legal Services Commission. 183. Establishment of the Commission. Subdivision J – Miscellaneous. 184. Rules of court. Subdivision A – The Parliament and Finance. 209. Parliamentary responsibility. Subdivision B – The Auditor-General. 213. Establishment of the office of Auditor-General. Subdivision C – The Public Accounts Committee. 215. Establishment of the Committee. Subdivision 1 – Preliminary.. 300. Bougainville Constitution and Bougainville Laws to form part of the laws of Papua New Guinea. Subdivision 2 – Code of Conduct, etc., and Leadership Code.. 302. Code of conduct, etc., and leadership code. Subdivision 3 – Rights and Freedoms.. 303. Qualifications on qualified rights. Subdivision 4 – Administration of Justice.. 305. Operation of National Judicial System in Bougainville. Subdivision 5 – Bougainville Government Services.. 310. Bougainville Government Services. Subdivision 6 – Bougainville Public Service.. 311. Bougainville Public Service.. Subdivision 7 – Bougainville Police. 313. Bougainville Police. Subdivision 8 – Bougainville Correctional Service.. 316. Bougainville Correctional Service. Subdivision I – Bougainville Salaries and Remuneration Commission. 319. Bougainville Salaries and Remuneration Commission. Subdivision J – Powers Relating to Constitutional Office-Holders. 321. Bougainville Constitutional Office-Holders. Subdivision K – Emergency Powers. 322. Bougainville Constitution may provide for emergencies. INDEPENDENT STATE OF PAPUA NEW GUINEA. Constitution of the Independent State of Papua New Guinea, Preamble
Being an Act to PART I. – INTRODUCTORY. Division 1. – The Nation. 1. THE INDEPENDENT STATE OF PAPUA NEW GUINEA. (2) The name of the Independent State of Papua New Guinea and its variants shall be protected by an Act of the Parliament. 2. THE AREA OF PAPUA NEW GUINEA. (2) The sovereignty of Papua New Guinea over its territory, and over the natural resources of its territory, is and shall remain absolute, subject only to such obligations at international law as are freely accepted by Papua New Guinea in accordance with this Constitution. 3. NATIONAL SYMBOLS. ( a ) a National Flag; and (2) Until such time as other provision is made in accordance with Subsection (1), the National Flag, National Emblem and National Seal are those that were in use immediately before Independence Day. 4. NATIONAL CAPITAL DISTRICT. (2) The Seat of Government shall be in the National Capital District. (3) The boundaries of the National Capital District shall be as defined by an Organic Law. (4) An Organic Law or an Act of the Parliament shall make provision in respect of the government of the National Capital District. (5) In calculating the number of provincial electorates in accordance with Section 125 (electorates), the National Capital District shall be taken into account as if it were a province. 5. 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. “I,..., realizing fully the responsibilities to which I am committing myself and the consequences of not living up to this Declaration and those responsibilities, freely and willingly declare my loyalty to the Independent State of Papua New Guinea and its People and to the Constitution of Papua New Guinea adopted by the Constituent Assembly on 15 August 1975, as altered from time to time in accordance with its provisions, and promise that I will uphold the Constitution and the laws of Papua New Guinea.” . 7. OATH OF ALLEGIANCE. “Oath of Allegiance. . Division 2. – Interpretation. 8. PRINCIPLES OF INTERPRETATION. PART II. – THE NATIONAL LEGAL SYSTEM. Division 1. – The Laws of Papua New Guinea. 9. THE LAWS. ( a ) this Constitution; and and none other. 10. CONSTRUCTION OF WRITTEN LAWS. ( a ) in any case–this Constitution; and and so as not to exceed the authority to make them properly given, to the intent that where any such law would, but for this section, have been in excess of the authority so given it shall nevertheless be a valid law to the extent to which it is not in excess of that authority. Division 2. – Constitutional Laws. Subdivision A. – Supreme Law. 11. CONSTITUTION, ETC., AS SUPREME LAW. (2) The provisions of this Constitution and of the Organic Laws are self-executing to the fullest extent that their respective natures and subject-matters permit. 12. ORGANIC LAWS. ( a ) for or in the respect of a matter provision for which by way of an Organic Law is authorized by this Constitution; and (2) An Organic Law may be altered only by another Organic Law, or by an alteration to this Constitution. (3) Nothing in this section prevents an Organic Law from– ( a ) making any provision that might be made by an Act of the Parliament; or but any such provision may be altered by the same majority that is required for any other Act of the Parliament. (4) [3] [4]Where this Constitution authorizes an Organic Law to make provision for any matter, the Organic Law may – ( a ) make full provision for all aspects of that matter notwithstanding that all such aspects have not been expressly referred to in the provision authorizing the Organic Law except where this Constitution expressly limits the aspects of that matter for which provision may be made in an Organic Law; and Subdivision B. – Constitutional Alteration and Organic Laws. 13. ALTERATIONS OF THE CONSTITUTION. ( a ) is expressed to be a law to alter this Constitution; and 14. MAKING OF ALTERATIONS TO THE CONSTITUTION AND ORGANIC LAWS. (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 and the proposed law must be published by the Speaker in full in the National Gazette, 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. (3) Amendments to a proposed law to amend this Constitution or a proposed Organic Law shall not be moved unless they have been circulated to members of the Parliament before the end of the meeting of the Parliament at which the first opportunity for debate referred to in Subsection (1) occurs. (4) Subject to Subsection (6), in his certificate given under Section 110 (certification as to making of laws), the Speaker must certify that the requirements of Subsections (1), (2) and (3) or Section 15 (urgent alterations), as the case may be, have been complied with. (5) The certificate referred to in Subsection (4) shall state– ( a ) the date on which each vote was taken; and (i) the number of seats in the Parliament at the time; and and is, in the absence of proof to the contrary, conclusive evidence of the matter so stated. (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 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. (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 (4) Amendments to a proposed law to amend this Constitution or a proposed Organic Law to which this section applies shall not be moved unless they have been 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 following provisions of this Constitution, or Organic Laws made for the purposes of any such provision:– ( a ) this section; 16. INDIRECT ALTERATIONS. (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”. (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, 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 (i) the majority of votes (not being less than an absolute majority) prescribed by this Constitution for the making of the Organic Law; and (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 Subdivision C. – Constitutional Interpretation. 18. ORIGINAL INTERPRETATIVE JURISDICTION OF THE SUPREME COURT. (2) Subject to this Constitution, where any question relating to the interpretation 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. (2) An opinion given under Subsection (1) has the same binding effect as any other decision of the Supreme Court. (3) The following authorities only are entitled to make application under Subsection (1):– ( a ) the Parliament; and (4) Subject to any Act of the Parliament, the Rules of Court of the Supreme Court may make provision in respect of matters relating to the jurisdiction of the Supreme Court under this section, and in particular as to– ( a ) the form and contents of questions to be decided by the Court; and (5) In this section, “proposed law” means a law that has been formally placed before the relevant law-making body. Division 3. – Adoption, Reception and Development of Certain Laws. 20. UNDERLYING LAW AND PRE-INDEPENDENCE STATUTES. ( a ) declare the underlying law of Papua New Guinea; and (2) Until such time as an Act of Parliament provides otherwise– ( a ) the underlying law of Papua New Guinea shall be as prescribed in Schedule 2 (adoption, etc., of certain laws); and (3) Certain pre-Independence statutes are adopted and shall be adopted, as Acts of Parliament and subordinate enactments of Papua New Guinea, as prescribed by Schedule 2 (adoption, etc., of certain laws). 21. PURPOSE OF SCHEDULE 2. (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. 23. SANCTIONS. ( a ) impose a sentence of imprisonment for a period not exceeding 10 years or a fine not exceeding K10 000.00; or 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). 24. USE OF CERTAIN MATERIALS AS AIDS TO INTERPRETATION. ( a ) in the pre-Independence House of Assembly on the report of the Constitutional Planning Committee; and together with that report and any other documents or papers tabled for the purposes of or in connection with those debates, may be used, so far as they are relevant, as aids to interpretation where any question relating to the interpretation or application of any provision of a Constitutional Law arises. (2) An Act of the Parliament may make provision for the manner of proof of the records and documents referred to in Subsection (1). (3) In Subsection (1), “the report of the Constitutional Planning Committee” means 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. PART III. – BASIC PRINCIPLES OF GOVERNMENT. Division 1. – National Goals and Directive Principles. 25. IMPLEMENTATION OF THE NATIONAL GOALS AND DIRECTIVE PRINCIPLES. (2) Nevertheless, it is the duty of all governmental bodies to apply and give effect to them as far as lies within their respective powers. (3) Where any law, or any power conferred by any law (whether the power be of a legislative, judicial, executive, administrative or other kind), can reasonably be understood, applied, exercised or enforced, without failing to give effect to the intention of the Parliament or to this Constitution, in such a way as to give effect to the National Goals and Directive Principles, or at least not to derogate them, it is to be understood, applied or exercised, and shall be enforced, in that way. (4) Subsection (1) does not apply to the jurisdiction of the Ombudsman Commission or of any other body prescribed for the purposes of Division III.2 (leadership code), which shall take the National Goals and Directive Principles fully into account in all cases as appropriate. Division 2. – Leadership Code. 26. APPLICATION OF DIVISION 2. ( a ) the Prime Minister, the Deputy Prime Minister and the other Ministers; and (2) This Division applies to and in relation to a person referred to in Subsection (1) not only in the office referred to in that subsection but also in any other office or position that he holds under any law by virtue of that office. (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. ( 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 (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). (3) It is the further duty of a person to whom this Division applies– ( a ) to ensure, as far as is within his lawful power, that his spouse and children and any other persons for whom he is responsible (whether morally, legally or by usage), including nominees, trustees and agents, do not conduct themselves in a way that might be expected to give rise to doubt in the public mind as to his complying with his duties under this section; and (4) The Ombudsman Commission or other authority prescribed for the purpose under Section 28 (further provisions) may, subject to this Division and to any Organic Law made for the purposes of this Division, give directions, either generally or in a particular case, to ensure the attainment of the objects of this section. (5) A person to whom this Division applies who– ( a ) is convicted of an offence in respect of his office or position or in relation to the performance of his functions or duties; or is guilty of misconduct in office. 28. FURTHER PROVISIONS. ( a ) may give to the Ombudsman Commission or some other authority any powers that are necessary or convenient for attaining the objects of this Division and of the Organic Law; and (i) shall investigate and determine any cases of alleged or suspected misconduct in office referred to them in accordance with the Organic Law; and ( h ) may make any other provision that is necessary or convenient for attaining the objects of this Division. (1A) An Organic Law may provide that where the independent tribunal referred to in Subsection (1)(g) finds that– ( a ) there was no serious culpability on the part of a person found guilty of misconduct in office; and it may recommend to the appropriate authority that some other penalty provided for by law be imposed. (2) Where an independent tribunal referred to in Subsection (1)(g) makes a recommendation to the appropriate authority in accordance with that paragraph or with Subsection (1A), the appropriate authority shall act in accordance with the recommendation. (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 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 29. PROSECUTION OF MISCONDUCT IN OFFICE. (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. ( a ) shall be composed of a person or persons who are declared under Section 221(1) (definitions) to be a constitutional office-holder; and 31. DISQUALIFICATIONS ON DISMISSAL. ( a ) to election to any elective public office; or for a period of three years after the date of his dismissal. (2) In the event of doubt as to whether an office or position is an office or position to which Subsection (1) (a), (b) or (c) applies, the decision of the Ombudsman Commission is final. Division 3. – Basic Rights. Subdivision A. – Introductory. 32. RIGHT TO FREEDOM. (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 and no person– ( c ) is obliged to do anything that is not required by law; and (3) This section is not intended to reflect on the extra-legal existence, nature or effect of social, civic, family or religious obligations, or other obligations of an extra-legal nature, or to prevent such obligations being given effect to by law. 33. OTHER RIGHTS AND FREEDOMS, ETC. 34. APPLICATION OF DIVISION 3. ( a ) as between individuals as well as between governmental bodies and individuals; and except where, or to the extent that, the contrary intention appears in this Constitution. Subdivision B. – Fundamental Rights. 35. RIGHT TO LIFE. ( a ) in execution of a sentence of a court following his conviction of an offence for which the penalty of death is prescribed by law; or (i) for the defence of any person from violence; or ( c ) as the result of a lawful act of war. (2) Nothing in Subsection (1)(b) relieves any person from any liability at law in respect of the killing of another. 36. FREEDOM FROM INHUMAN TREATMENT. (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. (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– ( 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 (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. (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 (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 to separate treatment appropriate to their status as unconvicted persons. (19) Persons under voting age who are in custody in connection with an offence or alleged offence shall be separated from other persons in custody and be accorded treatment appropriate to their age. (20) An offender shall not be transferred to an area away from that in which his relatives reside except for reasons of security or other good cause and, if such a transfer is made, the reason for so doing shall be endorsed on the file of the offender. (21) Nothing in this section– ( a ) derogates Division III.4 (principles of natural justice); or (22) Notwithstanding Subsection 21(b) the powers and procedures of village courts shall be exercised in accordance with the principles of natural justice. Subdivision C. – Qualified Rights. 38. GENERAL QUALIFICATIONS ON QUALIFIED RIGHTS. ( a ) regulates or restricts the exercise of a right or freedom referred to in this Subdivision to the extent that the regulation or restriction is necessary– (i) taking account of the National Goals and Directive Principles and the Basic Social Obligations, for the purpose of giving effect to the public interest in– (A) defence; or (B) public safety; or (C) public order; or (D) public welfare; or (E) public health (including animal and plant health); or (F) the protection of children and persons under disability (whether legal or practical); or (G) the development of under-privileged or less advanced groups or areas; or (ii) in order to protect the exercise of the rights and freedoms of others; or ( b ) makes reasonable provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having a proper respect for the rights and dignity of mankind. (2) For the purposes of Subsection (1), a law must– ( a ) be expressed to be a law that is made for that purpose; and (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. (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 40. VALIDITY OF EMERGENCY LAWS. 41. PROSCRIBED ACTS. ( a ) is harsh or oppressive; or is an unlawful act. (2) The burden of showing that Subsection (1)(a), (b) or (c) applies in respect of an act is on the party alleging it, and may be discharged on the balance of probabilities. (3) Nothing in this section affects the operation of any other law under which an act may be held to be unlawful or invalid. 42. LIBERTY OF THE PERSON. ( a ) in consequence of his unfitness to plead to a criminal charge; or (i) his care or treatment or the protection of the community, under an order of a court; or (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 and shall be informed immediately on his arrest or detention of his rights under this subsection. (3) A person who is arrested or detained– ( a ) for the purpose of being brought before a court in the execution of an order of a court; or shall, unless he is released, be brought without delay before a court or a judicial officer and, in a case referred to in paragraph (b), shall not be further held in custody in connection with the offence except by order of a court or judicial officer. (4) The necessity or desirability of interrogating the person concerned or other persons, or any administrative requirement or convenience, is not a good ground for failing to comply with Subsection (3), but exigencies of travel which in the circumstances are reasonable may, without derogating any other protection available to the person concerned, be such a ground. (5) Where complaint is made to the National Court or a Judge that a person is unlawfully or unreasonably detained– ( a ) the National Court or a Judge shall inquire into the complaint and order the person concerned to be brought before it or him; and (6) A person arrested or detained for an offence (other than treason or wilful murder as defined by an Act of the Parliament) is entitled to bail at all times from arrest or detention to acquittal or conviction unless the interests of justice otherwise require. (7) Where a person to whom Subsection (6) applies is refused bail– ( a ) the court or person refusing bail shall, on request by the person concerned or his representative, state in writing the reason for the refusal; and (8) Subject to any other law, nothing in this section applies in respect of any reasonable act of the parent or guardian of a child, or a person into whose care a child has been committed, in the course of the education, discipline or upbringing of the child. (9) Subject to any Constitutional Law or Act of the Parliament, nothing in this section applies in respect of a person who is in custody under the law of another country– ( a ) while in transit through the country; or 43. FREEDOM FROM FORCED LABOUR. (2) In Subsection (1), “forced labour” does not include– ( a ) labour required by the sentence or order of a court; or 44. FREEDOM FROM ARBITRARY SEARCH AND ENTRY. ( a ) that makes reasonable provision for a search or entry– (i) under an order made by a court; or (A) the conduct of a business, trade, profession or industry in accordance with a law regulating the conduct of that business, trade, profession or industry; or (B) the affairs of a company in accordance with a law relating to companies; or (vi) for the purpose of inspecting goods or inspecting or taking copies of documents, in connection with the collection, or the enforcement of payment of taxes or under a law prohibiting or restricting the importation of goods into Papua New Guinea or the exportation of goods from Papua New Guinea; or ( b ) that complies with Section 38 (general qualifications on qualified rights). 45. FREEDOM OF CONSCIENCE, THOUGHT AND RELIGION. (2) No person shall be compelled to receive religious instruction or to take part in a religious ceremony or observance, but this does not apply to the giving of religious instruction to a child with the consent of his parent or guardian or to the inclusion in a course of study of secular instruction concerning any religion or belief. (3) No person is entitled to intervene unsolicited into the religious affairs of a person of a different belief, or to attempt to force his or any religion (or irreligion) on another, by harassment or otherwise. (4) No person may be compelled to take an oath that is contrary to his religion or belief, or to take an oath in a manner or form that is contrary to his religion or belief. (5) A reference in this section to religion includes a reference to the traditional religious beliefs and customs of the peoples of Papua New Guinea. 46. FREEDOM OF EXPRESSION. ( a ) that imposes reasonable restrictions on public office-holders; or (2) In Subsection (1), “freedom of expression and publication” includes– ( a ) freedom to hold opinions, to receive ideas and information and to communicate ideas and information, whether to the public generally or to a person or class of persons; and (3) Notwithstanding anything in this section, an Act of the Parliament may make reasonable provision for securing reasonable access to mass communications media for interested persons and associations– ( a ) for the communication of ideas and information; and and generally for enabling and encouraging freedom of expression. 47. FREEDOM OF ASSEMBLY AND ASSOCIATION. ( a ) that makes reasonable provision in respect of the registration of all or any associations; or 48. FREEDOM OF EMPLOYMENT. (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. 50. RIGHT TO VOTE AND STAND FOR PUBLIC OFFICE. ( a ) is under sentence of death or imprisonment for a period of more than nine months; or 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 (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. ( 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 (2) A law that complies with Section 38 (general qualifications on qualified rights) may regulate or restrict the right guaranteed by this section. (3) Provision shall be made by law to establish procedures by which citizens may obtain ready access to official information. (4) This section does not authorize– ( a ) withholding information or limiting the availability of records to the public except in accordance with its provisions; or 52. RIGHT TO FREEDOM OF MOVEMENT. (2) No citizen shall be expelled or deported from the country except by virtue of an order of a court made under a law in respect of the extradition of offenders, or alleged offenders, against the law of some other place. (3) A law that complies with Section 38 (general qualifications on qualified rights) may regulate or restrict the exercise of the right referred to in Subsection (1), and in particular may regulate or restrict the freedom of movement of persons convicted of offences and of members of a disciplined force. 53. PROTECTION FROM UNJUST DEPRIVATION OF PROPERTY. ( a ) the property is required for– (i) a public purpose; or that is so declared and so described, for the purposes of this section, in an Organic Law or an Act of the Parliament; and ( b ) the necessity for the taking of possession or acquisition for the attainment of that purpose or for that reason is such as to afford reasonable justification for the causing of any resultant hardship to any person affected. (2) Subject to this section, just compensation must be made on just terms by the expropriating authority, giving full weight to the National Goals and Directive Principles and having due regard to the national interest and to the expression of that interest by the Parliament, as well as to the person affected. (3) For the purposes of Subsection (2), compensation shall not be deemed not to be just and on just terms solely by reason of a fair provision for deferred payment, payment by instalments or compensation otherwise than in cash. (4) In this section, a reference to the taking of possession of property, or the acquisition of an interest in or right over property, includes a reference to– ( a ) the forfeiture; or of any right or interest in property. (5) Nothing in the preceding provisions of this section prevents– ( a ) the taking of possession of property, or the acquisition of an interest in or right over property, that is authorized by any other provision of this Constitution; or (i) in consequence of an offence or attempted offence against, or a breach or attempted breach of, or other failure to comply with a law; or in accordance with a law that is reasonably justifiable in a democratic society that has a proper regard for the rights and dignity of mankind; or ( c ) any taking of possession or acquisition that was an incident of the grant or acceptance of, or of any interest in or right over, that property or any other property by the holder or any of his predecessors in title; or (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. ( 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 ( 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 55. EQUALITY OF CITIZENS. (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. ( a ) vote in elections for, or hold, elective public offices; or (2) An Act of the Parliament may– ( a ) define the offices that are to be regarded as elective public offices; and for the purposes of Subsection (1). (3) An Act of the Parliament may make further provision for rights and privileges to be reserved for citizens. Subdivision D. – Enforcement. 57. ENFORCEMENT OF GUARANTEED RIGHTS AND FREEDOMS. (2) For the purposes of this section– ( a ) the Law Officers of Papua New Guinea; and have an interest in the protection and enforcement of the rights and freedoms referred to in this Division, but this subsection does not limit the persons or classes of persons who have such an interest. (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. (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 in Part X.5 (internment)) on the use of emergency powers in relation to internment is entitled to reasonable damages and, if the court thinks it proper, exemplary damages in respect of the infringement. (3) Subject to Subsections (4) and (5), damages may be a awarded against any person who committed, or was responsible for, the infringement. (4) Where the infringement was committed by a governmental body, damages may be awarded either– ( a ) subject to Subsection (5), against a person referred to in Subsection (3); or or against both, in which last case the court may apportion the damages between them. (5) Damages shall not be awarded against a person who was responsible to a governmental body in respect of the action giving rise to the infringement if– ( a ) the action was an action made unlawful only by Section 41(1) (proscribed acts); and but the burden of proof of the belief referred to in paragraph (b) is on the party alleging it. Division 4. – Principles of Natural Justice. 59. PRINCIPLES OF NATURAL JUSTICE. (2) The minimum requirement of natural justice is the duty to act fairly and, in principle, to be seen to act fairly. 60. DEVELOPMENT OF PRINCIPLES. 61. BASIC RIGHTS AND FREEDOMS. 62. DECISIONS IN “DELIBERATE JUDGEMENT”. (2) Except– ( a ) to the extent provided for by Subsection (1); and 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 5. – Basic Social Obligations. 63. ENFORCEMENT OF THE BASIC SOCIAL OBLIGATIONS. (2) Nevertheless, it is the duty of all governmental bodies to encourage compliance with them as far as lies within their respective powers. (3) Where any law, or any power conferred or duty imposed by any law (whether the power or duty be of a legislative, judicial, executive, administrative or other kind), can reasonably be understood, applied, exercised, complied with or enforced, without failing to give effect to the intention of the Parliament or to this Constitution, in such a way as to enforce or encourage compliance with the Basic Social Obligations, or at least not to derogate them, it is to be understood, applied, exercised, complied with or enforced in that way. (4) Subsection (1) does not apply in the exercise of the jurisdiction of the Ombudsman Commission or other body prescribed for the purposes of Division III.2 (leadership code), which shall take the Basic Social Obligations fully into account in all cases as appropriate. PART IV. – CITIZENSHIP. Division 1. – Introductory. 64. DUAL CITIZENSHIP. (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 ( b ) was never granted a right (whether revocable or not) to permanent residence in Australia, has no real foreign citizenship. Division 2. – Acquisition of Citizenship. 65. AUTOMATIC CITIZENSHIP ON INDEPENDENCE DAY. (2) A person born outside the country before Independence Day who has two grand-parents born in the country is a citizen as from Independence Day if– ( a ) within one year after Independence Day or such longer period as the Minister responsible for citizenship matters allows in a particular case, application is made by him or on his behalf for registration as a citizen; and (i) if he has not reached the age of 19 years–in accordance with Section 64(2) (dual citizenship); or (3) In Subsection (1), “adjacent area” means an area that immediately before Independence Day constituted– ( a ) the Solomon Islands; or not forming on Independence Day part of the area of Papua New Guinea. (4) Subsections (1) and (2) do not apply to a person who– ( a ) has a right (whether revocable or not) to permanent residence in Australia; or unless that person renounces his right to residence in Australia or his status as a citizen of Australia or of another country in accordance with Subsection (5). (5) A person to whom Subsection (4) applies may, within the period of two months after Independence Day and in such manner as may be prescribed by or under an Act of the Parliament, renounce his right to permanent residence in Australia or his status as an 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 the period may not be extended beyond a further two months. 66. CITIZENSHIP BY DESCENT. ( a ) is born in the country on or after Independence Day; and is a citizen. (2) A person– ( a ) who is born outside the country on or after Independence Day; and is a citizen. 67. CITIZENSHIP BY NATURALIZATION. (2) To be eligible for naturalization, a person must– ( a ) be of good character; and (3) If an applicant for naturalization so requests, any child of the applicant who is under voting age at the time when the applicant is naturalized becomes a citizen by naturalization on the naturalization of the applicant. 68. SPECIAL PROVISIONS RELATING TO NATURALIZATION. (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 (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 ( c ) whether the major part of the investment and business interests of the applicant are and have been in the country; and (3) Notwithstanding anything in a Constitutional Law, a benefit, right or privilege, directly or indirectly, conferred upon “Papua New Guineans” or “natives” or “local persons” or “non-overseas persons” or “citizens” (where that term is to take effect after the making of a law relating to citizenship) by any pre-Independence law shall continue to be enjoyed only by persons who became citizens of Papua New Guinea under Section 65 (automatic citizenship on Independence Day) but only– ( a ) for a period of ten years after Independence Day; or whichever first occurs. (4) Notwithstanding anything in a Constitutional Law, during the five years after Independence Day only persons who become citizens of Papua New Guinea under Section 65 (automatic citizenship on Independence Day) shall have the rights conferred by Section 53 (protection from unjust deprivation of property) except that during this period the rights of a person who becomes a citizen otherwise than under Section 65 (automatic citizenship on Independence Day) in respect of his property shall not be less than those accorded by law to non-citizens. (5) Notwithstanding anything in a Constitutional Law, but subject to Subsection (6), an Act of the Parliament made in the period of ten years after Independence Day may confer a benefit, right or privilege on persons who became citizens of Papua New Guinea under Section 65 (automatic citizenship on Independence Day). (6) An Act of the Parliament referred to in Subsection (5)– ( a ) shall not derogate the rights conferred by Sections 32 to 58 (basic rights) except the rights conferred by Section 55 (equality of citizens); and 69. APPLICATION FOR NATURALIZATION. ( a ) in the case of a person who has resided continuously in the country for eight years or more before Independence Day–within two months after Independence Day; and (2) 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 periods referred to in Subsection (1) where he is satisfied that– ( a ) the person was unaware of the provisions of Subsection (1); or Division 3. – Loss and Regaining of Citizenship. 70. AUTOMATIC LOSS OF CITIZENSHIP. ( a ) obtains the nationality or citizenship of another country by a voluntary act (other than marriage); or 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 whichever first happens; or ( b ) a person travelling under the protection of the passport of a parent or guardian; or 71. ACTS DONE UNDER COMPULSION OF LAW. 72. RENUNCIATION OF CITIZENSHIP. (2) A person may not renounce his citizenship unless– ( a ) he already holds some other nationality or citizenship; or (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. ( 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 (2) Where a person– ( a ) was a citizen by virtue of Section 65 (automatic citizenship on Independence Day) or 66 (citizenship by descent); and 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 74. LOSS AND REGAINING OF CITIZENSHIP BY CERTAIN CHILDREN. ( a ) a parent of a child loses his citizenship; and 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. (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. (2) The Committee shall consist of– ( a ) four permanent members, at least two of whom are members of the Parliament other than Ministers; and 76. FUNCTIONS OF THE COMMITTEE. (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. (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 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. (2) In Subsection (1), a reference to adoption includes a reference to an adoption by custom. 79. PLACE OF BIRTH OF CERTAIN PERSONS. ( 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 80. “RESIDENCE”. ( a ) residence in custody under sentence awaiting deportation or removal from the country; or 81. CERTIFICATE AS TO CITIZENSHIP. (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 Committee)), 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 person concerned was, is or may become a citizen in accordance with the terms of the certificate. PART V. – THE HEAD OF STATE. Division 1. – The Head of State. 82. QUEEN AND HEAD OF STATE. ( a ) having been requested by the people of Papua New Guinea, through their Constituent Assembly, to become the Queen and Head of State of Papua New Guinea; and (2) Subject to and in accordance with this Constitution, the privileges, powers, functions, duties and responsibilities of the Head of State may be had, exercised and performed through a Governor-General appointed in accordance with Division 3 (appointment, etc., of Governor-General) and, except where the contrary intention appears, reference in any law to the Head of State shall be read accordingly. 83. QUEEN’S SUCCESSORS. 84. PRECEDENCE. 85. ROYAL STYLE AND TITLES. “Elizabeth II, Queen of Papua New Guinea and Her other Realms and Territories, Head of the Commonwealth.” Division 2. – Functions, etc., of the Head of State. 86. FUNCTIONS, ETC. (2) Except as provided by Section 96(2) (terms and conditions of employment), in the exercise and performance of his privileges, powers, functions, duties and responsibilities the Head of State shall act only with, and in accordance with, the advice of the National Executive Council, or of some other body or authority prescribed by a Constitutional Law or an Act of the Parliament for a particular purpose as the body or 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. ( a ) is qualified to be a member of the Parliament (except for the reason that he occupies the office of Governor-General); and (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. (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. (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 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. 89. ASSUMPTION OF OFFICE. ( a ) subject to paragraph (b), at the end of his predecessor’s term of office; or 90. DECLARATION OF LOYALTY, ETC. (2) If the Governor-General has not complied with Subsection (1) before taking office– ( a ) he is suspended from office until such time as he does so; and 91. NORMAL TERM OF OFFICE. 92. RESIGNATION. (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. ( a ) a decision of the National Executive Council; or (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. ( 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 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 (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. (2) If– ( a ) there is a vacancy in the office of Governor-General; or (i) on leave of absence; or 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 (i) on leave of absence; or the Chief Justice (if he is a citizen) is the Acting Governor-General. (4) During any period 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 for the purpose. (6) The question, whether the occasion for the exercise or performance of a power, function, duty or responsibility by an Acting Governor-General or a Minister under this section has arisen or has ceased, is non-justiciable. 96. TERMS AND CONDITIONS OF EMPLOYMENT. (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. 98. ACTS, ETC., OF THE HEAD OF STATE. PART VI. – THE NATIONAL GOVERNMENT. Division 1. – General Principles. 99. STRUCTURE OF GOVERNMENT. (2) The National Government consists of three principal arms, namely:– ( a ) the National Parliament, which is an elective legislature with, subject to the Constitutional Laws, unlimited powers of law-making; and (3) In principle, the respective powers and functions of the three arms shall be kept separate from each other. (4) Subsection (2) is descriptive only and is non-justiciable. Division 2. – The National Parliament. Subdivision A. – The Legislative Power. 100. EXERCISE OF THE LEGISLATIVE POWER. (2) Subsection (1) does not 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. ( a ) a number of members elected from single-member open electorates; and (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. 103. QUALIFICATIONS FOR AND DISQUALIFICATIONS FROM MEMBERSHIP. (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 (4) Where a person is under sentence of death or imprisonment for a period exceeding nine months, the operation of Subsection (3)(d) is suspended until– ( a ) the end of any statutory period allowed for appeals against the conviction or sentence; or (5) The references in Subsection (4), to appeals and to the statutory period allowed for appeals shall, where there is provision for a series of appeals, be read as references to each appeal and to the statutory period allowed for each appeal. (6) If a free pardon is granted, a conviction is quashed or a sentence is changed to a sentence of imprisonment for nine months or less, or some other form of penalty (other than death) is substituted, the disqualification ceases, and if at the time of the pardon, quashing, change of sentence or substitution of penalty the writ for the by-election has not been issued the member is restored to his seat. (7) In this section– “appeal” includes any form of judicial appeal or judicial review; 104. NORMAL TERM OF OFFICE. (2) The seat of a member of the Parliament becomes vacant– ( a ) if he is appointed as Governor-General; or (3) For the purposes of Subsection (2)(d), a meeting of the Parliament commences 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. ( 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 (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 ( 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 106. BY-ELECTIONS. ( 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 Subdivision C. – The Speaker and the Deputy Speaker. 107. OFFICES OF SPEAKER AND DEPUTY SPEAKER. (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. (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. (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. (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 (4) Each law made by the Parliament shall receive such fair, large and liberal 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. (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 (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. (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. (2) No Minister may preside in the Parliament or in a Committee of the Whole. 113. QUORUM. (2) The Standing Orders of the Parliament shall make provision for the action to be taken in the event of a lack of or loss of a quorum at any time. 114. VOTING IN THE PARLIAMENT. (2) Subject to Subsection (5), the member presiding does not have a deliberative vote except– ( a ) on a motion of no confidence in the Prime Minister, the Ministry or a Minister, in accordance with an Organic Law referred to in Section 145 (motions of no confidence); or (3) Subject to Subsection (5), except in a case where he has voted under Subsection (2), in the event of an equality of votes on a question, the member presiding has a casting vote, but if he fails to use it the motion shall be deemed to be withdrawn. (4) The Standing Orders of the Parliament shall make provision for the manner in which a vote is to be taken and recorded. (5) 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 restrict the voting rights of a member of the Parliament in certain circumstances. 115. PARLIAMENTARY PRIVILEGES, ETC. (2) There shall be freedom of speech, debate and proceeding in the Parliament, and the exercise of those freedoms shall not be questioned in any court or in any proceedings whatever (otherwise than in proceedings in the Parliament or before a committee of the Parliament). (3) No member of the Parliament is subject to the jurisdiction of any court in respect of the exercise of his powers or the performance of his functions, duties or responsibilities as such, but this subsection does not affect the operation of Division III.2 (leadership code). (4) No member of the Parliament is liable to civil or criminal proceedings, arrest, imprisonment, fine, damages or compensation by reason of any matter or thing that he has brought by petition, question, bill, resolution, motion or otherwise, or has said before or submitted to the Parliament or a committee of the Parliament. (5) No member of the Parliament or other person is liable to civil or criminal proceedings, arrest, imprisonment, fine, damages or compensation by reason of– ( a ) an act done under the authority of the Parliament or under an order of the Parliament or a committee of the Parliament; or (6) Members of the Parliament are free from arrest for civil debt during meetings of the Parliament and during the period commencing three days before, and ending three days after, a meeting when they are travelling from their respective electorates to attend the meeting or are returning to their electorates from the meeting. (7) No process issued by any court in the exercise of its civil jurisdiction shall be served or executed through the Speaker, an officer of the Parliament or a member of the Parliamentary Service, or within the precincts of the Parliament (as defined by or under an Act of the Parliament) while it is sitting. (8) The powers conferred by Section 109 (general powers of law-making) extend to the making of laws– ( a ) declaring further powers (other than legislative powers), privileges and immunities of the Parliament, and of its members and committees; and (9) The powers and privileges conferred by or under this section do not and shall not include the power to impose or provide for the imposition of a fine, imprisonment, forfeiture of property or other penalty of a criminal nature, but this subsection does not prevent the creation of offences for the purposes of this section that are triable within the National Judicial System. 116. DISALLOWANCE OF SUBORDINATE LAWS. ( a ) shall be tabled in the Parliament as soon as practicable, and in any event within seven sitting days of the Parliament, after being made; and in accordance with Section Sch.1.18 (disallowance, etc.) and the Standing Orders of the Parliament. (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. “treaty” means an agreement between States that– ( a ) is governed by international law; and 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); ( a ) the text of a treaty that it is proposed to accept or to ratify; or (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 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 (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 (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 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. ( a ) a Public Accounts Committee, established in accordance with Subdivision VIII.1.C (the Public Accounts Committee); and (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. (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. (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. (2) In relation to any information given to or obtained by them under Subsection (1), the Chairman and the Deputy Chairman are under the same obligation, whether by law or by convention, as to confidentiality as is the Minister but this principle does not prevent the Chairman or Deputy Chairman from briefing the members of his Permanent Parliamentary Committee on major policy issues. (3) In relation to any information given to him under Subsection (2), a member of a Permanent Parliamentary Committee is under the same obligation, whether by law or convention, as to confidentiality as is the Minister. 121. SESSIONAL COMMITTEES, SELECT COMMITTEES, ETC. 122. ARRANGEMENT OF PARLIAMENTARY BUSINESS IN RELATION TO COMMITTEES. 123. MEMBERSHIP OF PARLIAMENTARY COMMITTEES. Subdivision F. – Calling, etc., of the Parliament. 124. CALLING, ETC. (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. 125. ELECTORATES. (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. (6) An Organic Law relating to provinces or to Provincial Governments and Local-level Governments may confer or impose on the Boundaries Commission powers, functions, duties or responsibilities in relation to the boundaries of provinces and of provincial electorates. 126. ELECTIONS. (2) General elections shall be held in accordance with Sections 105 (general elections) and 106 (by-elections), as required. (3) The members of the Parliament (other than the nominated members) shall be elected under a system of universal, adult, citizen suffrage in accordance with Section 50 (right to vote and stand for public office) and the other Constitutional Laws, and the voting age is 18 years. (4) A citizen’s right to vote in an election to the Parliament is as provided by Section 50 (right to vote and stand for public office). (5) No non-citizen may vote in an election for the Parliament. (6) The Electoral Commission is not subject to direction or control by any person or authority. (7) An Organic Law shall make provision for and in respect of– ( a ) the appointment, constitution and procedures of the Electoral Commission, and for safeguarding its independence; and (8) An Organic Law relating to provinces or provincial government may confer or impose on the Electoral Commission powers, functions, duties or responsibilities in relation to provincial elections. Subdivision H. – Protection of Elections from Outside or Hidden Influence, and Strengthening of Political Parties. 127. PURPOSES OF SUBDIVISION H. ( a ) to protect elections and to prevent candidates from being, or appearing to be or to have been, improperly influenced by outside (especially foreign) or hidden influences; and (i) resigns or withdraws from the political party of which he is a member; or is guilty of misconduct in office; and ( e ) to restrict in certain circumstances the voting rights of a member of the Parliament, and an Organic Law may make provision, in addition to the provisions expressly referred to in this Subdivision, for achieving those purposes. 128. “REGISTERED POLITICAL PARTY”. 129. INTEGRITY OF POLITICAL PARTIES. ( a ) [8] requiring any political party or organization having political aims and desiring to nominate a candidate for election to the Parliament, or to publicly support such a candidate as representing its views, to register with an appropriate body established by an Organic Law such reasonable particulars as are prescribed by Organic Law; and (i) its assets and income, and their sources; and ( c ) prohibiting non-citizens from membership of, and from contributing to the funds of, any such party or organization; and (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 (3) An Organic Law made for the purposes of Subsection (1) may provide that the value of any assistance given otherwise than in cash shall be taken into account as expenditure or contributions for any purpose of that subsection or of that law. 130. INTEGRITY OF CANDIDATES. ( a ) requiring a candidate or former candidate for election to the Parliament to disclose to the Ombudsman Commission or some other authority prescribed by the law, in such manner, at such times and with such details as are prescribed by or under the law– (i) any assistance (financial or other) received by him in respect of his candidature, and its source; and ( b ) prohibiting a candidate or former candidate for election to the Parliament from accepting from a non-citizen assistance (financial or other) in respect of his candidature; and (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 (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 (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; 130A. PROVISIONS RELATING TO POLITICAL PARTIES. ( a ) restrict a member of the Parliament from resigning or withdrawing from a political party of which he is a member; and (i) resigns or withdraws from the political party of which he is a member; or 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 Subdivision I. – General. 131. [REPEALED.] (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. 134. PROCEEDINGS NON-JUSTICIABLE. 135. QUESTIONS AS TO MEMBERSHIP, ETC. ( a ) the qualifications of a person to be or to remain a member of the Parliament; or 136. VALIDATION OF ACTS OF THE PARLIAMENT. ( a ) was not duly qualified to be elected or appointed, or to continue, as a member of the Parliament; or 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. Division 3. – Special Instances of the Legislative Power. 137. ACTS OF INDEMNITY. ( a ) a provision of a Constitutional Law has been contravened or not complied with; and (i) the contravention or non-compliance was made in good faith and in exceptional circumstances for the purpose, or with the intention, of upholding this Constitution or protecting Papua New Guinea, or of dealing with an emergency for which no provision or no adequate provision appeared to exist; and the Parliament may make a special law (to be known as an “Act of Indemnity”) in relation to that person or those persons. (2) An Act of Indemnity shall– ( a ) specify the contravention or non-compliance; and (3) Before the Speaker certifies under Section 110 (certification as to making of laws) as to the Act, he shall refer the question, whether the Act complies with this section, for the opinion of the Supreme Court in accordance with Section 19 (special references to the Supreme Court), and until the Court advises that the Act does so comply he shall not so certify it. (4) An Act of Indemnity– ( a ) relieves, and shall be expressed to relieve, the person or persons concerned from all liability for, and from all legal consequences of, the contravention or non-compliance; and but in respect only of acts done before the Parliament was formally advised of the intention to propose the Act. (5) An Act of Indemnity does not take effect as a Constitutional Law. (6) An Act of Indemnity shall not be amended or extended in any way, and its repeal does not affect the operation of Subsection (4). Division 4. – The National Executive. Subdivision A. – The National Executive and the Executive Power. 138. VESTING OF THE EXECUTIVE POWER. 139. THE NATIONAL EXECUTIVE. ( a ) the Head of State acting in accordance with Division V.2 (functions, etc., of the Head of State); and 140. CONFERRING OF POWERS, ETC., OUTSIDE THE NATIONAL EXECUTIVE. Subdivision B. – The Ministry. 141. NATURE OF THE MINISTRY: COLLECTIVE RESPONSIBILITY. ( a ) no person who is not a member of the Parliament is eligible to be appointed to be a Minister, and, except as is expressly provided in this Constitution to the contrary, a Minister who ceases to be a member of the Parliament ceases to hold office as a Minister; and 142. THE PRIME MINISTER. (2) The Prime Minister shall be appointed, at the first meeting of the Parliament after a general election and otherwise from time to time as the occasion for the appointment of a Prime Minister arises, by the Head of State, acting in accordance with a decision of the Parliament. (3) If the Parliament is in session when a Prime Minister is to be appointed, 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. (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 (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 (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. ( a ) there is a vacancy in the office of Prime Minister; or (i) absent from the country; or (2) Where a Prime Minister is dismissed under Section 142(5)(a) (the Prime Minister) the person nominated under Section 145(2)(a) (motions of no confidence)– ( a ) becomes the Acting Prime Minister until he is appointed a Prime Minister in accordance with Section 142(2) (the Prime Minister); and (3) The question whether the occasion for the appointment of an Acting Prime Minister or for the exercise or performance of a power, function, duty or responsibility by an Acting Prime Minister, under this section has arisen or has ceased, is non-justiciable. 144. OTHER MINISTERS. (2) The Ministers, other than the Prime Minister, shall be appointed by the Head of State, acting with, and in accordance with, the advice of the Prime Minister. (3) A Minister, other than the Prime Minister, may be suspended from office in accordance with an Organic Law made for the purposes of Section 28(2) (further provisions). (4) A Minister other than 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; and (i) by the Head of State, acting with, and in accordance with, the advice of the Prime Minister; or (5) 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 Minister. 145. MOTIONS OF NO CONFIDENCE. ( a ) that is expressed to be a motion of no confidence in the Prime Minister, the Ministry or a Minister, as the case may be; and (2) A motion of no confidence in the Prime Minister or the Ministry– ( a ) moved during the first four years of the life of Parliament shall not be allowed unless it nominates the next Prime Minister; and (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. (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. (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. ( a ) dies; or a Minister (including the Prime Minister) holds office until the next appointment of a Prime Minister. (2) Notwithstanding Subsection (1)(b)– ( a ) a Prime Minister who resigns; and shall continue in office until the appointment of the next Prime Minister. (3) Notwithstanding Subsection (1)(c), a Minister who– ( a ) ceases, by reason of a general election, to be a member of the Parliament; but shall continue in office until the next appointment of a Prime Minister. 148. FUNCTIONS, ETC., OF MINISTERS. (2) Except as provided by a Constitutional Law or an Act of the Parliament, all departments, sections, branches and functions of government must be the political responsibility of a Minister, and the Prime Minister is politically responsible for any of them that are not specifically allocated under this section. (3) Subsection (2) does not confer on a Minister any power of direction or control. Subdivision C. – The National Executive Council. 149. THE NATIONAL EXECUTIVE COUNCIL. (2) The Council shall consist of all the Ministers (including the Prime Minister when he is present as Chairman). (3) The functions of the Council are– ( a ) to be responsible, in accordance with this Constitution, for the executive government of Papua New Guinea; and (4) Except where the contrary intention appears, nothing in this Constitution prevents the powers, functions, duties or responsibilities of the Council from being exercised, as determined by it, through a Minister. (5) Subject to any Organic Law or Act of the Parliament, the procedures of the Council are as determined by it. 150. THE SECRETARY TO THE NATIONAL EXECUTIVE COUNCIL. (2) Subject to any Act of the Parliament, the functions and responsibilities of the Secretary of the Council shall be as determined by the Council. Subdivision D. – The Power of Mercy. 151. GRANT OF PARDON, ETC. ( a ) a pardon, either free or conditional; or 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 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. (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. (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. ( a ) the National Judicial System; and 155. THE NATIONAL JUDICIAL SYSTEM. ( a ) the Supreme Court; and (2) The Supreme Court– ( a ) is the final court of appeal; and (3) The National Court– ( a ) has an inherent power to review any exercise of judicial authority; and except where– ( c ) jurisdiction is conferred upon the Supreme Court to the exclusion of the National Court; or (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 special 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. ( a ) the principal legal adviser to the National Executive; and (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. Subdivision B. – The Judicial Power. 158. EXERCISE OF THE JUDICIAL POWER. (2) In interpreting the law the courts shall give paramount consideration to the dispensation of justice. 159. TRIBUNALS, ETC., 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 (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. (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. (2) Subject to Section 162(2) (jurisdiction of the Supreme Court) and for the 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. ( a ) Subdivision II.2.C (constitutional interpretation); and 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. (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. ( a ) the Chief Justice; and 165. ACTING JUDGES. ( a ) to fill temporarily a vacancy; or (2) An appointment under Subsection (1)(c) may be made without reference to the numerical limit imposed by Section 164 (composition of the National Court). 166. JURISDICTION OF THE NATIONAL COURT. (2) In particular, the National Court has the jurisdiction set out in– ( a ) Section 22 (enforcement of the Constitution); and and otherwise as provided by this Constitution or any other law. (3) Subject to any Act of the Parliament and to the Rules of Court of the National Court, the jurisdiction of the National Court may be exercised by a single Judge of that Court, or by a number of Judges sitting together. (4) The jurisdiction of the National Court may be exercised by a Judge or Judges of that Court notwithstanding that it is being exercised at the same time by another Judge or other Judges. (5) The jurisdiction of the National 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 National Court. 167. ASSISTANT JUDGES. Subdivision E. – Appointment, etc., of Judges. 168. QUALIFICATIONS. 169. APPOINTMENT, ETC., OF THE CHIEF JUSTICE. (2) The Chief Justice shall be appointed by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given after consultation with the Minister responsible for the National Justice Administration. (3) In addition to his other powers, functions, duties and responsibilities, the Chief Justice, after consultation with the other Judges, is responsible for the organization of the 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 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 non-justiciable. 170. APPOINTMENT OF OTHER JUDGES. (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. (2) Unless otherwise stated in an instrument of appointment, acting Judges– ( a ) rank in seniority after the other Judges; and Subdivision F. – Inferior Courts, the Magisterial Service, etc. 172. ESTABLISHMENT OF OTHER COURTS. (2) Courts established under Subsection (1) may include courts intended to deal with matters primarily by reference to custom or in accordance with customary procedures, or both. (3) Full-time members of courts established under Subsection (1) (other than courts referred to in Subsection (2)) shall be appointed by the Judicial and Legal Services Commission, and may be removed from office in accordance with an Act of the Parliament, but only for incapacity or misbehaviour (including, if applicable, misconduct in office). (4) Acts of the Parliament may make provision for or in respect of the appointment and removal from office of members of courts referred to in Subsection (2). 173. ESTABLISHMENT OF THE MAGISTERIAL SERVICE. (2) The Magisterial Service consists of– ( a ) the Chief Magistrate; and (3) The Chief Magistrate is responsible to the Judicial and Legal Services Commission for the efficient functioning and operation of the Magisterial Service. (4) Subject to the Constitutional Laws, an Act of the Parliament shall make provision for and in respect of the Magisterial Service. 174. MAGISTRATES, ETC., OUTSIDE THE MAGISTERIAL SERVICE. (2) An Act of the Parliament may provide for part-time members of courts established under Section 172 (establishment of other courts), who need not be members of the Magisterial Service. 175. THE CHIEF MAGISTRATE. (2) The Chief Magistrate shall be appointed by the Judicial and Legal Services Commission. (3) Unless and except to the extent that an Act of the Parliament makes provision to the contrary, the Chief Magistrate is ex officio a member of all courts (other than village courts) established under Section 172 (establishment of other courts), and, if provision is 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. (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 (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. ( 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 (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– ( 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 (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 (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 ) for inability (whether arising from physical or mental infirmity or otherwise) to perform the functions and duties of his office; or 179. REMOVAL FROM OFFICE OF CHIEF JUSTICE. ( a ) appoint a tribunal under Section 181 (constitution, etc., of tribunals); and (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. ( a ) appoint a tribunal under Section 181 (constitution, etc., of tribunals); and (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. ( a ) a Judge or former Judge of the Supreme Court or of the National Court; or (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. ( 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 may suspend the person concerned from office pending the report of the tribunal, and may remove the suspension at any time. (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. (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 (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 subsection 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 may 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. (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 (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. 186. JURIES AND ASSESSORS. 187. REPORTS BY JUDGES. (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. PART VIA. – PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS. 187A. PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS SYSTEM. 187B. GRANT OF PROVINCIAL GOVERNMENT AND LOCAL-LEVEL GOVERNMENT. 187C. CONSTITUTION, FUNCTIONS, ETC., OF PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS. (2) For each Provincial Government and Local-level Government, there shall be established– ( a ) a mainly elective (elected directly or indirectly), legislature with such powers as are conferred by law; and (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 Assemblies 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 and may make other financial provisions for Provincial Governments and Local-level Governments, to an extent reasonably adequate for the performance of their functions. (4A) [10] [11]Where an Organic Law provides for the imposition, collection and distribution by Provincial Governments and Local-level Governments of sales and services tax, it may also provide that the National Government has concurrent power to impose, collect and distribute sales and service tax. (4B) [12] [13]An Act or Acts of the Parliament – ( a ) passed during the period between 19 July 1995 and the date of certification of Constitution Amendment (Sales and Services); and are validated, to the extent that the provisions of the Act or Acts were in contravention of this Constitution, in accordance with Schedule 6. (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. (8) Elections to a Local-level Government shall be conducted, in accordance with an Organic Law, by the Electoral Commission. 187D. INCONSISTENCY AND JUSTICIABILITY OF PROVINCIAL LAWS AND LOCAL-LEVEL LAWS. (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 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. (2) An Organic Law may make provision for and in respect of the procedures to be followed in the exercise of the powers under Subsection (1). (3) An Organic Law may make provision for further defining any matter referred to in Subsection (1). (4) The National Executive Council may suspend a Provincial Government or a Local-level Government that cannot carry out its functions effectively because of a war or a national emergency declared under Part X (emergency powers) affecting the province, local-level government area or the whole of the country. (5) While a Provincial Government or a Local-level Government is suspended, its powers and functions are vested in and shall be exercised by or on behalf of the National Executive Council, in accordance with an Organic Law. (6) Where a Provincial Government or a Local-level Government is suspended– ( a ) in the case of a suspension under Subsection (4), the Minister responsible for provincial government and local-level government matters, shall, as soon as practicable and in any event not later than the first meeting of the Parliament after the suspension, table in the Parliament a report on the suspension, the reasons for it and the circumstances of it; and 187F. RE-ESTABLISHMENT OF PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS. (2) Subject to Subsections (3) and (4), where– ( a ) a Provincial Government or a Local-level Government is suspended under Section 187E(4) (suspension of Provincial Governments and Local-level Governments) as a result of a declaration of a national emergency under Section 228 (declaration of national emergency); and the period of nine months referred to in Subsection (1) runs from the end of the meeting (or if there are more such extensions than one the last meeting) of the Parliament at which the declaration is so extended. (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. 187H. NATIONAL ECONOMIC AND FISCAL COMMISSION. (2) The Commission, in addition to any other functions prescribed by an Organic Law, shall– ( a ) assess and monitor the economic and fiscal policies of the National Government, Provincial Governments and Local-level Governments; and (i) by the National Government to Provincial Governments and Local-level Governments; and 187I. LOCAL AND VILLAGE GOVERNMENTS. (2) An Organic Law shall make provision for the respective powers of the National Government and of Provincial Governments concerning Local-level Governments. 187J. REPORTS ON PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS. ( a ) by or under an Act of the Parliament; or 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. ( a ) the National Public Service; and (2) Acts of the Parliament may make provision for or in respect of other State Services. 189. CIVILIAN CONTROL. Division 2. – The Public Services Commission. 190. ESTABLISHMENT OF THE COMMISSION. (2) [14] [15]The Commissioner shall consist of three members who shall be appointed for a term of five years by the Head of State, acting with, and in accordance with, the advice of a Public Services Commission Appointments Committee consisting of – ( a ) the Prime Minister, who shall be Chairman; and (2A) [16] [17]The Head of State, acting with, and in accordance with, the advice of the Public Services Commission Appointments Committee, shall appoint one of the members of the Public Services Commission to be Chairman of the Public Services Commission. (3) All of the members of the Commission must be citizens who have gained substantial experience in the National Public Service. (4) [18] [19]Subject to this Constitution, an Act of the Parliament shall make provision for and in respect of acting appointments and conditions of employment of the Chairman and members of the Commission, and for and in respect of its constitution, powers and procedures. 191. FUNCTIONS OF THE COMMISSION. ( a ) the review of personnel matters connected with the National Public Service; and (2) The Public Services Commission has such other functions as may be prescribed by or under a Constitutional Law or an Act of the Parliament. (3) In carrying out its function under Subsection (1)(b), the Public Services Commission– ( a ) shall take into account the government policy on a particular matter when advising the National Executive Council and the other authorities responsible for those services; and (4) The Public Services Commission shall, in respect of each year, prepare and forward to the Speaker for presentation to the Parliament, a report on the advice it has given during the year to the National Executive Council or other authorities in accordance with Subsection (1)(b) indicating in particular the nature of the advice given and whether or not that advice was accepted. 192. INDEPENDENCE OF THE COMMISSION. 193. APPOINTMENTS TO CERTAIN OFFICES. ( 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 other than the offices of the members of the Public Services Commission. (1A) [20] [21]All substantive appointments to offices to which Subsection Subsection (1)(a), (g) and (h) apply shall be made by the Head of State, acting with, and in accordance with, the advice of the National Executive Council from a list of persons recommended by the Public Services Commission following procedures prescribed by or under an Act of the Parliament. (1B) [22] [23]All temporary appointments to offices to which Subsection Subsection (1)(a), (g) and (h) apply shall be made by the Head of State, acting with, and in accordance with, the advice of the National Executive Council in accordance with a recommendation by the Public Services Commission following procedures prescribed by or under an Act of the Parliament. (1C) [24] [25]The revocation of appointment of persons appointed under Subsection (1A) or (1B) shall be made by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given in accordance with a recommendation by the Public Services Commission following procedures prescribed by or under an Act of the Parliament. (1D) [26] [27]The suspension from office of persons appointed under Subsection (1A) or (1B) shall be made by the Head of State, acting with, and in accordance with, a recommendation by the Public Services Commission following procedures prescribed by or under and Act of the Parliament. (2) [28] [29]All appointments (whether temporary or substantive) to offices to which Subsection (1)(b), (c) and (e) 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) [30] [31]All appointments (whether temporary or substantive) to which Subsection (1)(d) and (f) 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”. Division 3. – The State Services Generally. 195. ORGANIZATION, ETC., OF THE STATE SERVICES. ( a ) the structures and organizations of the State Services; and Division 4. – Special Provisions in Relation to the Police Force. 196. CONTROL OF THE POLICE FORCE. (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. ( a ) to preserve peace and good order in the country; and (2) [32] [33]Subject to Subsection (4), 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. (3) [34] [35]It is a further function of the Police Force to assist in the fulfillment by Papua New Guinea of its international obligations by taking part in an international peace-keeping or relief operation. (4) [36] [37]The Police Force, or a part of the Police Force, in respect of its functions under Subsection (3) – ( a ) may be ordered on or committed to an international peace-keeping or relief operation only by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, given after the approval of the Parliament; and (i) the assertion of the exclusive jurisdiction of courts and tribunals of Papua New Guinea, and of Police Force authorities, over members of the Police Force in that other country; and 198. COMMISSIONER OF POLICE. 199. OTHER FORCES. ( a ) the creation of reserve or special forces, or other similar forces (by whatever name known); or by or under an Act of the Parliament. Division 5. – Special Provisions in Relation to the Defence Force. 200. RAISING UNAUTHORIZED FORCES. (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 in accordance with an Act of the Parliament. (3) An Act of the Parliament 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. (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 and each of whom shall have such other powers, functions, duties and responsibilities as are prescribed by or under an Act of the Parliament. 202. FUNCTIONS OF THE DEFENCE FORCE. ( a ) to defend Papua New Guinea and its territory; and (i) in a civil disaster; or ( d ) to perform, as directed, functions and services of a civil nature so as to participate to the maximum in the task of national development and improvement, either within the country or outside it, in accordance with this Constitution and Acts of the Parliament. 203. APPLICATION OF GENERAL LAW. 204. CALL-OUT IN AID TO THE CIVIL POWER. (2) When called out in accordance with Subsection (1), the Defence Force or a part of the Defence Force– ( a ) does not have, and shall not be given, any power or protection that would not be possessed by the Police Force or the members of the Police Force in similar circumstances; and 205. ACTIVE SERVICE. ( a ) may be ordered on active service only by the Head of State, acting with, and in accordance with, the advice of the National Executive Council; and (2) The Defence Force or a part of the Defence Force may not be ordered on, or committed to– ( a ) active service; or 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 206. VISITING FORCES. ( a ) the presence in the country, by arrangement with the National Executive, of forces of another country; and 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 (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”. ( a ) the Police Force; and (i) is established by or under a statute; and (2) For the purposes of any Organic Law made for the purposes of this Division, a person acting, as required or authorized by law, under the direction of a member of a disciplined force, for the purpose of assisting in the performance of the functions or duties of the member or of the force, shall be deemed to be a member of that force. 208. PROTECTION OF MEMBERS OF DISCIPLINED FORCES. ( a ) carrying out a lawful order; or (2) Without derogating any other right to compensation from an authority responsible for the disciplined force concerned, an Organic Law made for the purposes of Subsection (1) shall make provision for any liability to make compensation that would otherwise lie on a member of a disciplined force to lie on the authority responsible for the force. PART VIIA. – REGULATORY STATUTORY AUTHORITIES. 208A. DECLARATION OF REGULATORY STATUTORY AUTHORITIES. ( a ) a body corporate established by an Act of Parliament to perform specific statutory functions; and and declared by an Act of Parliament to be a body to which.this Part applies. (2) An Act of the Parliament may make provision for or it respect of other Regulatory Statutory Authorities to which this Part applies. 208B. APPOINTMENTS TO CERTAIN OFFICES OF REGULATORY STATUTORY AUTHORITIES. ( a ) all offices of chief executive officers of Regulatory Statutory Authorities; and (2) All appointments (whether temporary or substantive) to offices to which Subsection (1)(a) applies shall be made by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given after considering recommendations from the relevant Minister, acting on the advice of the relevant Board in accordance with the recommendation from the Public Services Commission, following procedures prescribed by an Act of Parliament. (3) All temporary appointments (whether temporary or substantive) to offices to which Subsection (1)(a) applies shall be made by the National Executive Council given after considering recommendations from the relevant Minister, acting on the advice of the relevant Board in accordance with the recommendation from the Public Service Commission, following procedures prescribed by an Act of Parliament. (4) The revocation of appointments of persons appointed under Subsection (1)(a) shall be made by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given after considering recommendation from the relevant Minister, acting on the advice of the relevant Board in accordance with the recommendation from the Public Services Commission, following procedures by an Act of Parliament. (5) The suspension from office of persons appointed under Subsection (1)(a) shall be made by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given after considering recommendations from the relevant Minister, acting on the advice of the relevant Board in accordance with the recommendation from the Public Service Commission following procedures prescribed by an Act of Parliament. (6) All appointments (whether temporary or substantive) to offices to which Subsection (1)(b) applies shall be made by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given after considering recommendations from the relevant Minister following procedures prescribed by an Act of Parliament. PART VIII. – SUPERVISION AND CONTROL. Division 1. – Public Finances. Subdivision A. – The Parliament and Finance. 209. PARLIAMENTARY RESPONSIBILITY. (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 (i) the services of the Parliament; and ( c ) such other supplementary Budgets and appropriations as are necessary. (2A) For the purposes of this Subdivision– ( a ) “the services of the Parliament” include the salaries and allowances (financial and otherwise) of the Members of Parliament, the maintenance of the precincts of the Parliament, and the Parliamentary Service established under the Parliamentary Service Act 1995; and (i) the salaries and allowances (financial and otherwise) of Judges of the Supreme and National Courts; and (2B) For the purposes of Subsection (2)(b)(i) and (iii), the Speaker of the Parliament and the Chief Justice respectively shall, before 30 September each year, submit to the Prime Minister estimates of expenditure for the services of the Parliament and the services of the Judiciary respectively in the following fiscal year. (3) Before any Budget or appropriation is prepared for submission to the Parliament, the National Executive Council shall consult with any appropriate Permanent Parliamentary Committee, but this subsection does not confer any right or impose any duty of consultation after the initial stages of the preparation of the Budget or appropriation. 210. EXECUTIVE INITIATIVE. (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, loan or expenditure. (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). (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. 211. ACCOUNTING, ETC., FOR PUBLIC MONEYS. (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. (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. (2) The Auditor-General shall be appointed by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given after receiving reports from the Public Services Commission and the Public Accounts Committee. (3) In the performance of his functions under this Constitution, the Auditor-General is not subject to the control or direction of any person or authority. 214. FUNCTIONS OF THE AUDITOR-GENERAL. (2) Unless other provision is made by law in respect of the inspection and audit of them, Subsection (1) extends to the accounts, finances and property of– ( a ) all arms, departments, agencies and instrumentalities of the National Government; and (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. 216. FUNCTIONS OF THE COMMITTEE. (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. Division 1A. – Salaries and Remuneration Commission. 216A. THE SALARIES AND REMUNERATION COMMISSION. (2) The Commission shall consist of– ( a ) the Speaker of the Parliament as the Chairman when attending, or in his absence, his nominee who shall be the Deputy Speaker; and (3) The Commission is responsible for recommending to the Parliament from time to time, at intervals determined by it– ( 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 (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. (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 (i) cease to have effect from 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 ( 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. (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 (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. (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 218. PURPOSES OF THE COMMISSION. ( a ) to ensure that all governmental bodies are responsive to the needs and aspirations of the People; and 219. FUNCTIONS OF THE COMMISSION. ( a ) to investigate, on its own initiative or on complaint by a person affected, any conduct on the part of– (i) any State Service or provincial service, or a member of any such service; or (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 specified by or under an Organic Law in the exercise of a power or function vested in it or him by law in cases where the conduct is or may be wrong, taking into account, amongst other things, the National Goals and Directive Principles, the Basic Rights and the Basic Social Obligations, and ( b ) to investigate any defects in any law or administrative practice appearing from any such investigation; and (2) Subject to Subsections (3), (4) and (5), and without otherwise limiting the generality of the expression, for the purposes of Subsection (1)(a) conduct is wrong if it is– ( a ) contrary to law; or whether or not the act was supposed to be done in the exercise of deliberate judgement within the meaning of Section 62 (decisions in “deliberate judgement”). (3) The Commission shall not inquire into the justifiability of a policy of the National Government or a Minister or a provincial government 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 access to all available relevant information; and (8) In this section, “conduct” includes– ( a ) any action or inaction relating to a matter of administration; and 220. REPORTS BY THE COMMISSION. (2) Nothing in Subsection (1) prevents the Commission from making, on its own initiative or at the request of the Parliament or of the National Executive, other reports on any aspect of the functions and workings of the Commission. PART IX. – CONSTITUTIONAL OFFICE-HOLDERS AND CONSTITUTIONAL INSTITUTIONS. 221. DEFINITIONS. “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; ( a ) a Judge; or (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. 223. GENERAL PROVISION FOR 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 (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 (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. (2) Subject to this Constitution, if no provision is made under Subsection (1) a constitutional institution– ( a ) may provide, to the extent of the deficiency, for its own procedures; and 225. PROVISION OF FACILITIES, ETC. PART X. – EMERGENCY POWERS. Division 1. – Introductory. 226. DEFINITIONS. “declaration of a national emergency” means a declaration under Section 228 (declaration of national emergency); ( a ) imminent danger of war between Papua New Guinea and another country, or of warlike operations threatening national security; and “Emergency Act” means an Act of the Parliament made for the purposes of this Part and in accordance with Section 230 (Emergency Acts); ( a ) an Emergency Act; or “emergency order” means an order made under an emergency law, as provided for by Section 232 (emergency orders); ( a ) Papua New Guinea is at war with another country by virtue of a declaration under Section 227 (declaration of war); or Division 2. – Periods of Declared National Emergency. 227. DECLARATION OF WAR. 228. DECLARATION OF NATIONAL EMERGENCY. (2) Unless it is impracticable to do so, a declaration under Subsection (1) shall be made in relation to a part of the country only after prior consultation with the Emergency Committee. 229. TERMINATION OF PERIODS OF DECLARED NATIONAL EMERGENCY. ( a ) by the Head of State, acting with, and in accordance with, the advice of the National Executive Council; or Division 3. – Emergency Measures. 230. EMERGENCY ACTS. (2) An Emergency Act shall be expressed to be an Emergency Act. (3) Except to the extent necessary to bring it into effective operation at the time when it otherwise comes into operation, an Emergency 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. (2) An Emergency Regulation shall be immediately forwarded to– ( a ) the Speaker for presentation to the Parliament; and (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. (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 233. CONTENT, OPERATIONS, ETC., OF EMERGENCY LAWS. (2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections (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 ( b ) may provide for internment only in accordance with Division 5 (internment); and (4) In addition, an Emergency Regulation may not alter– ( a ) Section 46 (freedom of expression); or 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. 235. CUSTODY OF MEMBERS OF PARLIAMENT UNDER EMERGENCY REGULATIONS OR IN INTERNMENT. 236. REVOCATION, ETC., OF EMERGENCY LAWS, ETC. ( a ) by an Act of the Parliament; or (2) An Emergency Regulation may be altered at any time– ( a ) by the Head of State, acting with, and in accordance with, the advice of the National Executive Council; or (3) An emergency order may be disallowed at any time by decision of the Parliament. 237. AUTOMATIC TERMINATION OF EMERGENCY LAWS, ETC. (2) Where an Emergency Regulation which has amended or repealed any law in force immediately before the regulation took effect, is deemed to be repealed under Subsection (1), the repeal of that regulation shall revive the previous law from the date of that repeal as if the repealed regulation had not been made. 238. EXTENSION OF EMERGENCY ACTS. (2) After the end of the period of declared national emergency, internment may be continued only in accordance with Section 244(6) (laws providing for internment). Division 4. – Parliamentary Supervision and Control. 239. PARLIAMENTARY CONTROL. (2) At each meeting of the Parliament during a period of declared national emergency the Prime Minister shall present to the Parliament 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 (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. (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. (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 whichever first occurs. 242. FUNCTIONS, ETC., OF EMERGENCY COMMITTEES. ( a ) copies of all emergency laws and, so far as is practicable, of all emergency orders, are forwarded immediately to the Emergency Committee; and (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 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 the 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 and such other matters as the Parliament thinks fit. 243. PRIORITY OF EMERGENCY BUSINESS IN PARLIAMENT. Division 5. – Internment. 244. LAWS PROVIDING FOR INTERNMENT. (2) An Act referred to in Subsection (1)– ( a ) must be made by an absolute majority vote; and (3) Subject to Subsection (4), at least four days’ notice of the intention to introduce to the Parliament a proposed law to permit internment must be given, and the proposed law must be circulated, in accordance with the Standing Orders of the Parliament, to all members of the Parliament at least four days before the proposed law is made. (4) During a time of war, the periods of four days prescribed in Subsection (3) are reduced to 24 hours. (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. ( 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 than 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 (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 ( 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 order that he be released immediately; and (2) An internee shall be given adequate facilities to prepare and make representations to the review tribunal referred to in Subsection (1)(e) either personally or through a lawyer, and in particular shall be allowed full access to a lawyer (and if necessary to legal aid) and the services of a competent interpreter if required. (3) An internee shall– ( a ) be permitted to appear in person before the review tribunal; and (4) The tribunal shall forward copies of its findings and recommendations to the internee and to his next-of-kin or other close relative in the country when they are furnished to the Minister responsible for national security. (5) Where in his opinion it is necessary to do so in the interests of national security or public order, the Head of State, acting with, and in accordance with, the advice of the National Executive Council may refuse to make an order in accordance with Subsection (1)(g) or (h) for the release of an internee, but in that event, except in time of war– ( a ) he shall promptly present to the Parliament a report stating that he has refused to release the internee and setting out the reasons for his refusal; and (6) Where an order is made in accordance with Subsection (5)– ( a ) the internee shall be released in accordance with the order; and (7) An Organic Law, an Act of the Parliament or an emergency law may make further provision, not inconsistent with this section, in respect of the treatment, security and discipline of internees. (8) The provisions of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 14 1949, and any other international convention relating to interned persons, shall be complied with in relation to persons protected by them, and in addition such of those provisions that are of general application and can appropriately be applied to interned citizens shall be complied with in relation to such internees. Division 6. – Miscellaneous. 246. EXTENSION OF TENURE OF PARLIAMENT AND GOVERNOR-GENERAL. PART XI. – MISCELLANEOUS. 247. LEGAL CAPACITY OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA. (2) Papua New Guinea may sue and be sued, in accordance with an Act of the Parliament. 248. VESTING OF RIGHTS AND LIABILITIES OF FORMER GOVERNMENT. 249. DECLARATIONS BY CERTAIN OFFICE-HOLDERS. ( a ) unless he has made it on a previous occasion or is exempt from making it under– (i) Section 251(1) (taking certain oaths, etc., by non-citizens); or the Declaration of Loyalty; and ( b ) in the case of– (i) a judicial officer–the Judicial Declaration; or 250. MAKING OF DECLARATION OF LOYALTY, ETC. (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. ( a ) it is desirable that a non-citizen be appointed to an office under a statute; and 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. 253. SLAVERY, ETC. 254. FILLING OF OFFICES, ETC. ( a ) no constitutional office shall be left unfilled on a substantive basis for longer than is necessary for it to be filled by an appropriate appointee; and 255. CONSULTATION. 256. REPORTS BY PUBLIC OFFICE-HOLDERS, ETC. 257. PROOF OF ACTS OF THE CONSTITUENT ASSEMBLY. (2) An act of, or the proceedings of, the Constituent Assembly may be proved for any purpose by the production of– ( a ) a certificate under the hand, or purporting to be under the hand, of the Speaker of the pre-Independence House of Assembly; or 258. CONSTITUTIONAL REGULATIONS. (2) All Constitutional Regulations shall be tabled in the Parliament as soon as practicable after being made, and may be disallowed by the Parliament at any time. 259. INDEPENDENT TRIBUNALS. PART XII. – CONSTITUTIONAL REVIEW. 260. GENERAL CONSTITUTIONAL COMMISSION. (2) The members of the Commission shall– ( a ) be appointed by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given after consultation with any appropriate parliamentary committee; and (3) Each member of the General Constitutional Commission must be– ( a ) a member of the Parliament; or (4) The General Constitutional Commission shall inquire into the working of this Constitution and the Organic Laws. (5) As soon as is reasonably practicable after its appointment, the General Constitutional Commission shall forward a report of its findings to the Speaker for presentation to the Parliament, together with its recommendations (if any) as to amendment of this Constitution, and new or amended Organic Laws or other laws or administrative procedures. 261. INTERIM CONSTITUTIONAL COMMISSION. (2) The Interim Constitutional Commission shall consider proposed alteration of this Constitution or of any Organic Law, and report to Parliament before there is an opportunity for debate of the proposed legislation. 262. SUBORDINATE COMMISSIONS AND COMMITTEES. ( a ) a Commission on Provincial Government, the primary function of which shall be to investigate the workings of the system of provincial government; and (2) The commissions and committees established in accordance with Subsection (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. PART XIII. – IMMEDIATE AND TRANSITIONAL PROVISIONS. 264. EFFECT OF PART XIII. 265. DISSOLUTION OF THE CONSTITUENT ASSEMBLY. 266. PROVISIONAL LAWS. (2) If before Independence Day the Constituent Assembly has made an instrument expressed to be a Provisional Act of the Parliament made for the purpose of bringing any provision of this Constitution into effective operation on Independence Day, the instrument takes effect, on Independence Day, as if it were an Act of the Parliament made and coming into effect on that day. 267. TRANSITIONAL LAWS. ( a ) the immediate filling of offices, and the immediately effective operation of institutions under this Constitution where there were corresponding pre-Independence offices or institutions; and (2) A Provisional Organic Law or an Organic Law made for the purposes of Subsection (1) may declare what were the pre-Independence offices and institutions that correspond with offices and institutions under this Constitution. 268. FIRST GOVERNOR-GENERAL. ( a ) the Constituent Assembly has nominated by a simple majority vote, in an exhaustive secret ballot a person to be the first Governor-General; and that person becomes the first Governor-General on Independence Day. 269. FIRST PARLIAMENT, ELECTORATES, ETC. (2) Notwithstanding anything in this Constitution but subject to any Organic Law on national electoral matters– ( a ) each member of the pre-Independence House of Assembly in office immediately before Independence Day (including a member who although he is or may be disqualified under Section 37(4)(a) of the Papua New Guinea Act 1949-1975 of Australia has been confirmed in his membership by resolution of the House of Assembly) is the first member of the Parliament for his electorate and shall continue to hold office unless or until– (i) his seat becomes vacant by virtue of Section 104(2)(a), (b), (c), (d), (e), (g) or (h) (normal term of office); or ( b ) the pre-Independence Speaker and Chairman of Committees in office immediately before Independence Day are the first Speaker and Deputy Speaker, respectively, of the Parliament; and (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 (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 (i) enclose all the territory of open electorates within each province; and (6) If a provincial electorate consists of two or more provinces, an Organic Law shall make adequate provision for– ( a ) the declaration of each province as a provincial electorate; and as soon as practicable after Independence Day. 270. FIRST MINISTRY. (2) The other Ministers of the pre-Independence House of Assembly in office immediately before Independence Day are the other first Ministers. 271. FIRST JUDGES. ( a ) the pre-Independence Chief Justice in office immediately before Independence Day is the first Chief Justice of Papua New Guinea; and 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. 272. OATHS, AFFIRMATION, ETC. ( a ) the first Governor-General shall take the Oath of Allegiance and make the Declaration of Loyalty and the Declaration of Office; and in public on Independence Day, at such place, and in such manner and form, as are directed by the Prime Minister. (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. 274. COMPOSITION OF CERTAIN CONSTITUTIONAL INSTITUTIONS. 275. CHAIRMANSHIP OF TRIBUNAL TO REVIEW INTERNMENTS. PART XIV. – BOUGAINVILLE GOVERNMENT AND BOUGAINVILLE REFERENDUM. Division 1. [40] – Preliminary. 276. APPLICATION OF THIS PART. (2) This Part shall apply notwithstanding the provisions of this Constitution and where the other provisions of this Constitution are inconsistent with the provisions of this Part, the provisions of this Part shall prevail. 277. NON-APPLICATION OF PART VIA. 278. INTERPRETATION. “Agreement”means the Bougainville Peace Agreement signed at Arawa on 30 August 2001 and published in National Gazette No. G 146 of 16 November 2001; ( a ) the areas of land witin the boundaries of Bougainville Province as described in the Schedule to the Organic Law on Provincial Boundaries; and “Bougainville Constituent Assembly” means the Bougainville Constituent Assembly established in accordance with Section 284 (Bougainville Constituent Assembly); (2) Where this Part or an Organic Law authorized by this Part provides for consultant between the National Government and the Bougainville Government, such consultation shall be conducted on the following basis: – ( a ) views shall be communicated in a timely manner in writing (or, by prior written agreement, by electronic equivalent) to a specified point of contact; (3) The Agreement may be used, so far as it is relevant, as an aid to interpretation where any question relating to the interpretation or application of any provision of this Part or an Organic Law authorized by this Part arises. (4) The Agreement shall be interpreted liberally, by reference to its intentions and without undue reference to technical rules of construction. Division 2. [41] – Arrangements for the Establishment of Bougainville Government. 279. AUTONOMOUS GOVERNMENT FOR BOUGAINVILLE. (2) Elections to the Bougainville Legislature may be held only – ( a ) in accordance with an agreement reached in accordance with Paragraph 8(a) of the weapons disposal plan contained in the Agreement; or (3) An Organic Law shall make provision for such matters pertaining to the system of autonomous government as are authorized by this Part 280. BOUGAINVILLE CONSTITUTION. 281. BOUGAINVILLE CONSTITUTIONAL COMMISSION. (2) The Bougainville Constitution Commission shall – ( a ) consult widely with the people of Bougainville to obtain their views on a Bougainville Constitution; and (3) Where, prior to the coming into operation of this Part, the Bougainville Interim Provincial Government has established a body, after consultation in accordance with the requirements of the Agreement in relation to the Bougainville Constitutional Commission, with functions equivalent to those given to the Bougainville Constitutional Commission by Subsection (2) – ( a ) such body may be adopted by the Bougainville Interim Provincial Government as the Bougainville Constitutional Commission; and 282. STRUCTURES OF BOUGAINVILLE GOVERNMENT TO BE CONTAINED IN BOUGAINVILLE CONSTITUTION. ( a ) that the Bougainville Government shall include a mainly elective (either directly or indirectly) legislature, but which may include persons appointed, elected or nominated to represent community, youth or other interests; and (2) The structures and procedures of the Bougainville Government shall meet internationally accepted standards of good governance, as they are applicable and implemented in the circumstance of Bougainville and Papua New Guinea as a whole, including democracy, the opportunity for participation by Bougainvilleans, transparency, accountability, and respect for human rights and the rule of law, including this Constitution. 283. CONSULTATION WITH NATIONAL EXECUTIVE COUNCIL. ( a ) keep the National Executive Council informed as proposals for the Bougainville Constitution are developed; and 284. BOUGAINVILLE CONSTITUENT ASSEMBLY. (2) The Bougainville Constituent Assembly – ( a ) shall consider and debate the draft Bougainville Constitution; and (3) The Bougainville Government and the National Government shall co-operate in facilitating the establishment of the Constituent Assembly. 285. ENDORSEMENT OF BOUGAINVILLE CONSTITUTION. (2) The National Executive Council shall consider the Bougainville Constitution within 14 days of its being submitted under Subsection (1) and, where it meets the requirements of this Part and any Organic Law authorized by this Part, shall advise the Head of State to endorse the Bougainville Constitution. (3) The Head of State, acting on advice in accordance with Subsection (2), shall endorse the Bougainville Constitution. (4) After the Bougainville Constitution has been endorsed under Subsection (3), the National Executive Council shall cause it to be published promptly in the National Gazette. (5) Following publication in the National Gazette, the Bougainville Constitution shall come into operation in accordance with the manner provided in the Bougainville Constitution. 286. LEGAL STATUS OF BOUGAINVILLE CONSTITUTION. (2) The Bougainville Constitution shall be enforceable – ( a ) in the Supreme Court; and 287. AMENDMENT OF BOUGAINVILLE CONSTITUTION. (2) Where any amendment to the Bougainville Constitution is proposed, the Bougainville Executive shall give notification of it to the Minister responsible for Bougainville matters. (3) The National Government may consult with the Bougainville Government in relation to any proposed amendment of the Bougainville Constitution. Division 3. [42] – Division of Functions and Powers between National Government and Bougainville Government and transfer of functions and powers to Bougainville Government. 288. DIVISION OF FUNCTIONS AND POWERS OF GOVERNMENT. 289. FUNCTIONS AND POWERS OF THE NATIONAL GOVERNMENT. (2) The functions and powers of the National Government in and in relation to Bougainville are the following: – ( a ) central banking; (3) The National Government is responsible in and in relation to Bougainville for the operation of the functions and powers of a Constitutional office or State Service to the extent necessary – ( a ) where an equivalent Bougainville Constitutional office or Bougainville Government Service has not been established or is not fully operational; or (4) The National Government shall have the function and power relating to firearms control. (5) The National Government shall have the function and power relating to foreign investment to the extent permitted by Section 290(4) (functions and powers available to the Bougainville Government). (6) The National Government shall have the function and powers necessary to develop the infrastructure relative to its functions and powers under this section. (7) The – ( a ) Bougainville Government shall not obstruct the National Government in the exercise of its functions and powers under this section; and 290. FUNCTIONS AND POWERS AVAILABLE TO THE BOUGAINVILLE GOVERNMENT. (2) The functions and powers available to the Bougainville Government in and in relation to Bougainville are the following:– ( a ) agriculture; (3) The Bougainville Government is responsible for – ( a ) administration of justice including dispute resolution; and in accordance with the Agreement and this Part. (4) Where the function and power relating to foreign investment applications has been transferred to the Bougainville Government, it shall be exercised in the following manner: – ( a ) each application for foreign investment relating to Bougainville shall be lodged in duplicate, one for the National Government and one for the Bougainville Government; (5) The Bougainville Government shall have the functions and powers necessary to develop the infrastructure relative to its powers and functions under this section. 291. FUNCTIONS AND POWERS OF THE NATIONAL GOVERNMENT AND OF THE BOUGAINVILLE GOVERNMENT IN RELATION TO CRIMINAL LAW. (2) The Bougainville Government shall have power, to Subsection (4) – ( a ) to adopt the Criminal Code; and (3) The Criminal Code shall apply in and to Bougainville until adopted under Subsection (2)(a). (4) Where the Bougainville Government has adopted the Criminal Code under Subsection (2)(a), it may amend the Criminal Code as adopted – ( a ) with the consent of the National Government; or (i) the principles contained in the Agreement being: – (A) changes to the principles of the criminal law shall be evolutionary; (B) there shall be no large scale changes to the coverage of subjects by the criminal law; (ii) the procedures contained in the Agreement being: – (A) the Bougainville Government will cause to be published in the National Gazette amendments to the Criminal Code as adopted proposed by the Bougainville Government and such amendments shall not come into operation without the agreement of the National Government; (B) in the event that the National Government does not accept any amendments proposed by the Bougainville Government, it may require further consultation with the Bougainville Government and in the event of failure to agree, the dispute resolution procedure shall apply. 292. SUBJECTS NOT SPECIFIED IN SECTIONS 289, 290 AND 291. ( a ) not specified in Section 289 (powers and functions of the National Government), Section 290 (powers and functions available to the Bougainville Government) and Section 291 (functions and powers of the National Government and of the Bougainville Government in relation to criminal law); and shall be a power and function of the National Government, until otherwise determined in accordance with this section. (2) Where the National-Government or the Bougainville Government proposes to legislate on a subject to which Subsection (1) applies, it shall notify the other Government of its proposals and consult with the other Government of its proposals and consult with the other be responsible for the subject, and where agreement is not reached, it shall not legislate. (3) Where either the National Parliament or the Bougainville Legislature passes a law on a subject to which Subsection (1) applies, the other Government may invoke the dispute resolution procedure, and – ( a ) pending final determination of the dispute resolution procedure, the law shall or shall not take effect in accordance with that determination. (4) Any dispute between the National Government and the Bougainville Government over which Government is responsible for a function or power shall be resolved by applying the principles governing the division of powers as specified in the Agreement. 293. INTERNATIONAL OBLIGATIONS, ETC., OF THE STATE IN RESPECT OF THE POWERS AND FUNCTIONS OF THE BOUGAINVILLE GOVERNMENT. (2) The powers and functions available to the Bougainville Government specified in Section 290 (powers and functions available to the Bougainville Government) will not be exercised in a manner inconsistent with Papua New Guinea’s international obligations and human rights regime – ( a ) in existence on the date of the coming into operation of this Part; and (3) The National Government – ( a ) shall consult with the Bougainville Government on – (i) any proposed new international obligations likely to affect the exercise by the Bougainville Government of the functions and powers available to it under this Part; or ( b ) shall not enter into a border agreement (other than one concerning defence or national security) affecting the jurisdiction of the Bougainville Government without the agreement of the Bougainville Government. (4) For the purposes of Section 117(3) (treaties), the consent of Papua New Guinea to be bound as a party to a treaty which – ( a ) has a purpose of altering the autonomy arrangements contained in the Agreement; or shall not be given unless – ( c ) the National Government and the Bougainville Government have agreed on the contents of the treaty; and (5) Any disagreement between the National Government and the Bougainville Government as to whether any treaty has a purpose of altering the autonomy arrangement contained in the Agreement shall be resolved in accordance with the dispute resolution procedure. (6) Any differences between the National Government and the Bougainville Government arising from generally accepted rules of international law shall be resolved in accordance with the dispute resolution procedure. (7) The Bougainville Government may, through an agreed mechanism, request the assistance or concurrence of the National Government – ( a ) to participate in the negotiation of international agreements of particular relevance to Bougainville; or 294. FUNCTIONS AND POWERS OF THE BOUGAINVILLE GOVERNMENT ON ESTABLISHMENT AND WITHIN 12 MONTHS THEREAFTER.. ( a ) functions or powers available to the Bougainville Government to be transferred; and within the period of 12 months commencing on the date of the establishment of the Bougainville Government. (2) The Bougainville Government shall, on its establishment, have the same functions and powers as the Bougainville Interim Provincial Government, together with such other functions and powers transferred under Subsection (1). 295. PROCESS FOR TRANSFER OF FUNCTIONS AND POWERS. ( a ) take full account of its need and capacity in relation to the function or power; and unless both Governments otherwise agree. 296. RELATIONSHIP OF NATIONAL AND BOUGAINVILLE LAWS. (2) The – ( a ) National Government may legislate on subjects specified in Section 290 (functions and powers available to the Bougainville Government) but not so as to be inconsistent with Bougainville laws on such subjects; and 297. MANNER OF IMPLEMENTATION OF TRANSFER OF FUNCTIONS AND POWERS. ( a ) the transfer together of closely linked functions and powers; and 298. NATIONAL GOVERNMENT ASSETS AND LAND. (2) Where the National Government has a continuing responsibility in respect of a function or power transferred to the Bougainville Government, it may retain assets and land associated with that function or power to the extent necessary to carry out its continuing responsibility. 299. TRANSFER OR DELEGATION OF FUNCTIONS AND POWERS. Division 4. [43] – Powers and Functions of the Bougainville Government and Matters relative thereto affecting other provisions of this Constitution.. Subdivision 1. – Preliminary.. 300. BOUGAINVILLE CONSTITUTION AND BOUGAINVILLE LAWS TO FORM PART OF THE LAWS OF PAPUA NEW GUINEA. 301. SPECIAL REFERENCES TO THE SUPREME COURT. ( a ) Bougainville Legislature; and are authorities entitled to make application to the Supreme Court, in accordance with Section 19 (Special references to the Supreme Court), for an opinion on any question relating to the interpretation or application of any provision of a Constitutional Law including (but without limiting the generality of that expression) any question as to the validity of a law or proposed law. Subdivision 2. – Code of Conduct, etc., and Leadership Code.. 302. CODE OF CONDUCT, ETC., AND LEADERSHIP CODE. ( a ) established under the Bougainville Constitution; and (2) A person to whom the code of conduct or rules of conduct referred to in Subsection (1) applies or apply shall not be subject to Division III.2 (Leadership Code) in respect of – ( a ) the office held by him under the Bougainville Constitution to which the code of conduct or rules of conduct referred to in Subsection (1) applies or apply; and (3) The Bougainville Constitution – ( a ) may provide for penalties to be imposed of breaches of the code of conduct or rules of conduct referred to in Subsection (1) by persons to whom the code of conduct or rules of conduct apply; and (4) Until such time as a code of conduct or rules of conduct referred to in Subsection (1) have been provided for and applied, the following public offices shall be offices to which Division III.2 (Leadership Code) applies: – ( a ) members of the Bougainville Legislature; Subdivision 3. – Rights and Freedoms.. 303. QUALIFICATIONS ON QUALIFIED RIGHTS. ( a ) regulates or restricts the right or freedom to the extent that the regulation or restriction is necessary – (i) taking account of the National Goals and Directive Principles and the Basic Social Obligations, for the purpose of giving effect to the public interest in – (A) public safety; or (B) public order; or (C) public welfare; or (D) public health (including plant and animal health); or (E) the protection of children and persons under disability (whether legal or practical); or (F) the development of under-privileged or less advanced groups or areas; or (ii) in order to protect the exercise of the rights and freedoms of others; or ( b ) makes reasonable provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. (2) A Bougainville law referred to in Subsection (1) shall – ( a ) be expressed to be a law regulating or restricting a right or freedom referred to in Subdivision III.3.C (qualified rights); and (3) The burden of showing that a Bougainville law is a law that complies with the requirements of this Section is on the party relying on its validity. 304. GUARANTEED RIGHTS AND FREEDOMS. (2) Subject to Subsection (3), the Bougainville Constitution may make provision for the establishment of procedures, institutions or courts to ensure the enforcement of guaranteed rights and freedoms. (3) Guarantees provided for under Subsection (1) and procedures established under Subsection (2) shall not abrogate the guaranteed rights and freedoms or procedures to ensure their enforcement provided for in this Constitution. Subdivision 4. – Administration of Justice.. 305. OPERATION OF NATIONAL JUDICIAL SYSTEM IN BOUGAINVILLE. 306. ESTABLISHMENT OF COURTS IN BOUGAINVILLE. (2) Bougainville may operate – ( a ) wholly under courts and tribunals established under Subsection (1); or (3) A court established under Subsection (1) (other than a court with a jurisdiction similar to that of a Village Court) shall be within the National Judicial System. (4) The courts which may be established under Subsection (1) may range from – ( a ) a court with jurisdiction equivalent to that of the National Court; or such jurisdiction to be limited to and in relation to Bougainville. (5) National laws and Bougainville laws shall be enforceable in all courts in the National Judicial System. (6) The name “National Court” shall not be used in any form for any court established under Subsection (1). 307. ESTABLISHMENT OF TRIBUNALS IN BOUGAINVILLE. 308. JURISDICTION OF BOUGAINVILLE COURTS. ( a ) make orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case; and (2) The Bougainville Constitution shall provide that, where a person has a right of appeal from a Bougainville court to a Bougainville court established under Section 306(4)(a) (Establishment of courts in Bougainville), he has an alternative (but not an additional) right of appeal to the National Court. (3) A resident of Bougainville may commence an action for the enforcement of human rights in the National Court or in a Bougainville court or institution with competent jurisdiction. (4) The National Court shall have the power – ( a ) to review the exercise of judicial authority by Bougainville courts (other than a Bougainville court established under Section 306(4)(a) (Establishment of courts in Bougainville) and by Bougainville tribunals; and (5) The Supreme Court shall be the final court of appeal for Bougainville including appeals on determinations made under Subsection (1)(d). (6) An Organic Law may make further provision for the relationship between Bougainville courts and other courts in the National Judicial System and for the manner in which the responsibilities of other courts in Bougainville in the National Judicial System shall be transferred to Bougainville courts of equivalent jurisdiction. 309. APPOINTMENT OF JUDGES, ETC.,. (2) The appointments body referred to in Subsection (1) shall include two members of the Judicial and Legal Services Commission, appointed by that Commission. (3) The Bougainville Constitution shall otherwise provide for the appointment, terms and conditions of employment, seniority and removal from office of judges of a Bougainville court. (4) A – ( a ) Judge of the National Court may hold an appointment as a Bougainville judge concurrently with his tenure of appointment as a Judge of the National Court; and Subdivision 5. – Bougainville Government Services.. 310. BOUGAINVILLE GOVERNMENT SERVICES. ( a ) a Bougainville Public Service; and in accordance with this Part, and may provide for Bougainville laws to make further provision in respect of Bougainville Government Services. (2) The Bougainville Constitution shall make provision for a head of Bougainville Government Service to be responsible to the Bougainville Executive, and for the manner in which he is to be so responsible. (3) Members of a Bougainville Government Service shall take an Oath of Allegiance or make an Affirmation of Allegiance in accordance with Section 7 (Oath of Allegiance), Section 250 (Making of Declaration of Loyalty, etc.,) and Section 251 (taking certain oaths, etc., by non-citizens). (4) Any official marking on the uniforms, vehicles, premises and stationery of Bougainville Police and Bougainville Correctional Service shall include the National Emblem or Name. (5) An Organic Law may make provision for co-operative and transitional arrangements between National State Services and Bougainville Government Services. Subdivision 6. – Bougainville Public Service.. 311. BOUGAINVILLE PUBLIC SERVICE.. (2) Where the Bougainville Constitution makes provision for a Bougainville Public Service, it shall provide for – ( a ) Bougainville laws for and in respect of – (i) standards for management and control of the Bougainville Public Service; and compatible with those of the National Public Service; and (3) For the purposes of Subsection (2)(b), “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. (4) An Organic Law shall make provision for – ( a ) the Bougainville Government to consult with the National Government before making laws relating to the Bougainville Public Service; and 312. NATIONAL PUBLIC SERVICE IN BOUGAINVILLE. ( a ) to carry out the functions and powers of the National Government as specified in Section 289 (powers and functions of the National Government); and Subdivision 7. – Bougainville Police. 313. BOUGAINVILLE POLICE. (2) Where the Bougainville Constitution makes provision for the Bougainville Police, it shall provide for – ( a ) Bougainville laws for and in respect of – (i) the structures and organization of the Bougainville Police; and consistent with those of the Police Force established by Section 188(1)(b) (Establishment of the State Services); and (3) Insofar as it is a function of the Bougainville Police to lay, prosecute or withdraw charges in respect of offences, the members of the Bougainville Police are not subject to direction or control by – ( a ) any person outside the Bougainville Police; or 314. FUNDING OF THE BOUGAINVILLE POLICE. ( a ) guaranteed annual conditional grants for the specific purpose of meeting the recurrent costs of policing in Bougainville; and (2) An Organic Law may make provision for and in respect of all matters relating to the grants referred to in Subsection (1). 315. POLICE FORCE ETC., IN BOUGAINVILLE.. ( a ) to carry out its functions in Bougainville; and (2) An Organic Law shall make provision for – ( a ) the transitional arrangements to apply until the Bougainville Police are established and operational; and Subdivision 8. – Bougainville Correctional Service.. 316. BOUGAINVILLE CORRECTIONAL SERVICE. (2) Where the Bougainville Constitution makes provision for the Bougainville Correctional Service it shall provide for – ( a ) Bougainville laws for and in respect of – (i) the structures and organizations of the Bougainville Correctional Service; and consistent with those of the Correctional Service of the National Government; and 317. FUNDING THE BOUGAINVILLE CORRECTIONAL SERVICE. 318. CORRECTIONAL SERVICE OF THE NATIONAL GOVERNMENT IN BOUGAINVILLE. (2) An Organic Law shall make provision for – ( a ) the transitional arrangements to apply until the Bougainville Correctional Service are established and operational; and Subdivision I. – Bougainville Salaries and Remuneration Commission. 319. BOUGAINVILLE SALARIES AND REMUNERATION COMMISSION. (2) The Bougainville Salaries and Remuneration Commission shall be responsible for recommending to the Bougainville Legislature the salaries, allowances and benefits, financial or otherwise (including pensions or retirement benefits if they are not otherwise provided for by law) of all – ( a ) persons holding elective office under the Bougainville Constitution; and (3) In making recommendations under Subsection (2), the Bougainville Salaries and Remuneration Commission shall take into account advice from the Salaries and Remuneration Commission established by Section 216A (The Salaries and Remuneration Commission) on the maintenance of relativities of salaries and conditions of employment with those applicable to similar offices elsewhere in Papua New Guinea and at the National level. (4) The Bougainville Legislature – ( a ) shall determine the salaries, allowances and benefits, financial or otherwise (including pensions or retirement benefits if they are not otherwise provided for by law) of persons referred to in Subsection (2) in accordance with a recommendation of the Bougainville Salaries and Remuneration Commission; and 320. SALARIES AND REMUNERATION COMMISSION. (2) In carrying out its functions under Subsection (1), the Salaries and Remuneration Commission shall include two persons nominated by the Bougainville Executive in accordance with a Bougainville Law. (3) The Bougainville Legislature – ( a ) shall determine the salaries, allowances and benefits, financial or otherwise (including pensions and retirement benefits if they are not otherwise provided for by law) of persons referred to in Section 319(2) (Bougainville Salaries and Remuneration Commission) in accordance with a recommendation of the Salaries and Remuneration Commission under this Section; and (4) Where the Bougainville Salaries and Remuneration Commission has been established, the Salaries and Remuneration Commission established by Section 216A (Salaries and Remuneration Commission) shall not be responsible for the salaries, allowances and benefits, financial or otherwise (including pensions and retirement benefits if they are not otherwise provided for by law) of persons referred to in Section 3219(2) (Bougainville Salaries and Remuneration Commission). Subdivision J. – Powers Relating to Constitutional Office-Holders. 321. BOUGAINVILLE CONSTITUTIONAL OFFICE-HOLDERS. (2) The Bougainville Constitution may make provision for any other office established under the Bougainville Constitution or a Bougainville law to be declared a Bougainville Constitutional Office-holder. (3) The Bougainville Constitution shall make provision for and in respect of the qualifications, appointment and terms and conditions of employment of Bougainville Constitutional Office-holders and shall – ( a ) subject to any express provisions in this Part, provide that any body established by or under the Bougainville Constitution to appoint a Bougainville Constitutional Office-holder shall include two persons appointed by the body responsible for the appointment of the equivalent Constitutional office-holder under Section 221 (definitions) or where there is no such equivalent, by the National Executive Council; and (4) A Constitutional Office-holder referred to in Section 221 (Definitions) may enter into co-operative or agency arrangements with the equivalent Bougainville Constitutional Office to avoid gaps and duplication and to encourage common standards. (5) Subject to this Part, a Constitutional Office-holder under Section 221 (Definitions) shall, in Bougainville, where an equivalent Bougainville Constitutional Office – ( a ) has not been established – carry out his responsibilities in respect of powers and functions specified in Section 289 (powers and functions of the National Government) and Section 290 (powers and functions available to the Bougainville Government); and (i) the powers and functions specified in Section 289 (powers and functions of the National Government); and (6) The Bougainville Government will meet the costs of the establishment and maintenance of Bougainville Constitutional Office-holders. Subdivision K. – Emergency Powers. 322. BOUGAINVILLE CONSTITUTION MAY PROVIDE FOR EMERGENCIES. 323. DECLARATION OF NATIONAL EMERGENCIES IN BOUGAINVILLE. ( a ) the Bougainville Constitution shall make provision for a procedure whereby the Bougainville Government may request the National Executive Council to advise the Head of State to declare the existence of a national emergency in relation to Bougainville or part of Bougainville; (2) Subsection (1) does not apply where the existence of a state of emergency is to be declared in respect of the whole of the country or in respect of Bougainville and substantial areas of the country other than Bougainville. (3) Where are declaration of national emergency under Section 228 (declaration of National emergency) is in force in relation to Bougainville, the National Government and the Bougainville Government shall co-operate in the management of the emergency insofar as relating to Bougainville. Division 5. [44] – Fiscal Arrangements. 324. BASIC PRINCIPLES OF FISCAL ARRANGEMENTS. ( a ) that the Bougainville Government shall have sufficient revenue raising powers to enable it to reach fiscal self-reliance, and the National Government shall support the Bougainville Government in reaching fiscal self-reliance; (i) prior to fiscal self-reliance-through the collection and application of company tax, value added tax and customs duties in Bougainville remaining with the National Government; and ( c ) except as otherwise provided in this Part or the Agreement, the costs involved in establishing and maintaining the Bougainville Government additional to those of the functions and powers covered by recurrent grants under Section 326 (1)(a)(i) (grants) shall be shared between the National Government and the Bougainville Government. 325. REVENUE RAISING, ETC., ARRANGEMENTS. ( a ) the method of sharing, between the National Government and the Bougainville Government, of taxes collected in Bougainville and the manner in which such taxes shall be dealt with both before and after fiscal self-reliance; and (i) personal income tax collected from Bougainville; and ( c ) the arrangements between the National Government and the Bougainville Government relating to the collection of taxes; and (i) to recommend persons as eligible for tax incentives; and ( f ) the audit, by or on behalf of the National Government and by or on behalf Bougainville Government of all taxes collected; and 326. GRANTS. ( a ) recurrent unconditional grants; and (2) Subject to the Agreement, an Organic Law shall make provision for – ( a ) the manner of calculation, adjustment (including the effects of progress towards fiscal self-reliance), timing, payment and management of such grants; and (3) Grants provided to the Bougainville Government under Subsection (1) shall be subject to audit by the Auditor-General. 327. FOREIGN AID. ( a ) to obtain foreign aid to support restoration and development in Bougainville; and (2) The Bougainville Government – ( a ) may seek and obtain foreign aid; and (3) The National Government shall – ( a ) approve foreign aid obtained by the Bougainville Government, where the aid – (i) does not reduce the value of aid already available in Papua New Guinea; and ( b ) co-operate with the Bougainville Government by negotiating such international agreements as may be required to finalize foreign aid identified by the Bougainville Government. 328. OTHER FINANCIAL POWERS AND ACCOUNTABILITY. ( a ) may provide for the Bougainville Government after consultation with the National Government – (i) to raise foreign loans, in accordance with required approvals and other requirements of the Bank of Papua New Guinea; and ( b ) shall provide for the manner of approval and administration of annual budgets (and where appropriate, supplementary budgets) comprising estimates of revenue and expenditure and appropriation of the main functions of the Bougainville Government; and (2) The Bougainville Constitution – ( a ) shall make provision of regular audits of the account as of the Bougainville Government in addition to audits carried out by, or on behalf of, the Auditor-General in the exercise of his powers and the performance of his functions under this Constitution; and 329. FOLLOW-UP TO AUDIT REPORTS. ( a ) the procedures to be followed by the National Government and by the Bougainville Government; and in relation to any such abuse (of misuse). Division 6. [45] – Intergovernment Relations and Review. 330. INTERPRETATION. “dispute” means any disagreement between the National Government and the Bougainville Government in relation to the autonomy for Bougainville and the referendum for Bougainville; 331. PRINCIPLES OF INTERGOVERNMENTAL RELATIONS. ( a ) that the autonomy arrangements, having been reached through consultation and co-operation, should be implemented in like manner; 332. JOINT SUPERVISORY BODY. ( a ) not less than two members appointed by the National Executive Council; and (2) There shall be an equal number of members appointed under Subsection (1)(a) and (b). (3) The functions of the Joint Supervisory Body are – ( a ) to oversee implementation of the Agreement and of this Part in accordance with the Agreement; and (4) The Joint Supervisory Body shall have such powers as are necessary to enable it to perform its functions under this Part and the Agreement. (5) The Joint Supervisory Body – ( a ) subject to Paragraph (b), shall, at its first meeting, develop its own procedures and fix the frequency of its meeting (which shall be at least once in each year); and 333. DISPUTE RESOLUTION PROCEDURE. ( a ) The dispute resolution procedure is as follows: – (i) where appropriate, between the relevant agencies of each Government; or ( b ) where a dispute cannot be resolved by consultation under Paragraph (a), it shall be referred for mediation and arbitration under Section 334 (mediation and arbitration), unless otherwise agreed by the National Government and the Bougainville Government; 334. MEDIATION AND ARBITRATION. (2) The Mediator or Arbitrator shall determine procedures to be followed in the initial consideration of a dispute referred to him and shall determine whether a dispute is or is not suitable for mediation or arbitration. (3) Where the Mediator or Arbitrator determines that a dispute is not suitable for arbitration or mediation, he shall issue to each of the parties to the dispute a certificate to that effect. (4) Where the mediation or arbitration proceeds, the Mediator or Arbitrator shall determine the procedures to be followed. 335. DISPUTE RESOLUTION IN THE COURTS. ( a ) in accordance with Section 333 (d) (dispute resolution procedure), where dispute involves a point of law; and 336. PANEL OF PERSONS WITH APPROPRIATE EXPERTISE. (2) Where a Mediator or Arbitrator has been appointed in respect of a dispute, his consent to the appointment of a panel under Subsection (1) shall be sought. 337. REVIEWS. ( a ) shall meet as close as is practicable to the fifth anniversary of the establishment of the Bougainville Government and every five years thereafter, jointly to review the autonomy arrangements; and (2) A review under Subsection (1) of the autonomy arrangements shall follow and consider separate reviews by independent experts of particular aspects, including – ( a ) the financial arrangements – grants, taxes and progress towards fiscal self-reliance; and (3) The terms of reference for a review shall specify that, unless otherwise agreed, they are intended to improve, clarify and strengthen the autonomy arrangements consistently with the objectives and principles in the Agreement. (4) The National Government and the Bougainville Government may, by agreement, defer the specialist reviews or incorporate the issues with which they deal in the general view. (5) The reports of the specialist reviews will include drafts or drafting instructions for any legislative amendments they recommend. (6) In the event that either the National Parliament or the Bougainville Legislature passes any amendments proposed under Subsection (5) according to its own constitutional procedures and the other does not, the Bougainville Government on behalf of the Bougainville Legislature and the National Government on behalf of the National Parliament, shall follow the dispute resolution procedure up to the level of mediation or arbitration. (7) Any point of law arising from the application of Subsection (6) shall be referred to the Supreme Court. (8) A Mediator or Arbitrator may not give directions to the National Parliament or the Bougainville Legislature but may order the National Government and the Bougainville Government to present a report in the National Parliament and the Bougainville Legislature recording the views of both Governments and containing their own recommendations on differences between them. (9) In addition to the reviews under Subsection (1), the National Government and the Bougainville Government shall hold annual, wide-ranging consultations on the general operation of the autonomy arrangements. (10) Unless the National Government and the Bougainville Government agree to some other method, the consultation under Subsection (9) shall be held through the Joint Supervisory Body. Division 7. [46] – Bougainville Referendum. 338. REFERENDUM TO BE HELD. (2) Subject to Subsection (7), the Referendum shall be held on a date agreed after consultation by the Bougainville Government with the National Government, which date shall be not earlier than 10 years and, notwithstanding any other provision, not more than 15 years after the election of the first Bougainville Government. (3) The date referred to in Subsection (2) shall be determined after considering whether – ( a ) weapons have been disposed of in accordance with the Agreement; and (4) The question whether the Bougainville Government has been and is being conducted in accordance with internationally accepted standards of good governance shall determined in accordance with the review and the dispute resolution procedure. (5) For the purposes of Subsection (4), the internationally accepted standards of good governance, as they are applicable and implemented in the circumstances of Bougainville and Papua New Guinea as a whole, include democracy, the opportunity for participation by Bougainvilleans, transparency, accountability, and respect for human rights and the rule of law, including this Constitution. (6) The National Government and the Bougainville Government shall co-operate in ensuring progress towards achieving and maintaining the standards referred to in Subsection (5). (7) The Referendum shall not be held where the Bougainville Government decides, in accordance with the Bougainville Constitution, after consultation with the National Government, that the Referendum shall not be held. 339. THE QUESTION OR QUESTIONS TO BE PUT. ( a ) shall be agreed to by the National Government and the Bougainville Government; and 340. MANNER OF CONDUCTING REFERENDUM. ( a ) the authorities to be jointly responsible for preparing for and conducting the Referendum and for the arrangements whereby they shall exercise joint authority; and 341. REFERENDUM TO BE FREE AND FAIR. 342. REFERENDUM RESULTS AND IMPLEMENTATION. (2) Subject to the consultation referred to Subsection (1), the Minister responsible for the Bougainville Referendum shall take the results of the Referendum in the National Parliament and the Speaker of the National Parliament shall furnish to the Bougainville Executive a copy of the minutes of the relevant proceedings and of any decision made in the National Parliament regarding the Referendum. 343. RESOLUTION OF DIFFERENCES ON REFERENDUM. Division 8. [47] – Immunity from Prosecution. 344. IMMUNITY FROM PROSECUTION. (2) There shall be immunity from prosecution in accordance with this section in respect of certain offences arising from crisis-related activities in relation to the Bougainville conflict. (3) The Head of State, acting with, and in accordance with, the advice of the National Executive Council, may by declaration published in the National Gazette, declare – ( a ) subject to Paragraph (b), the class or classes of offences to which the immunity is to apply or not apply; and (4) Where a declaration has been made under Subsection (3), no charge shall be laid and no prosecution – ( a ) shall be initiated; or in respect of an offence – ( c ) included in the offences described pursuant to Subsection (3)(a); and (5) The provisions of this section – ( a ) may be applied generally in respect of classes of offences and classes of circumstances without the need to identify alleged offenders; and Division 9. [48] – Miscellaneous. 345. REQUIREMENT FOR AMENDMENT OF THIS PART; ETC. (2) Where the National Government or the Bougainville Government seeks to present or have presented in the Parliament an amendment to this Part or to an Organic Law authorized by this Part, it shall – ( a ) consult with the other Government concerning the proposed amendments; or (3) Where an amendment to this Part or to an Organic Law authorized by this Part is proposed to be presented in the Parliament, the Minister responsible for Constitutional Law matters in relation to Bougainville shall, as soon as practicable after the proposed amendment is published in the National Gazette (or earlier if the Minister has notification of the proposed amendment) send a copy of the proposed amendment to the Bougainville Government and the two Governments shall consult with each other concerning the proposed amendment. (4) An amendment referred to in Subsection (2) or (3) cannot become law unless – ( a ) it is passed by the National Parliament in accordance with Section 14 (making of alterations to the Constitution and Organic Laws); and (i) in the case of an amendment to Division 7 or to this Subsection – a two-thirds absolute majority vote of members of the Bougainville Legislature in favour of the amendment; and (5) The person presiding over the Bougainville legislature on the occasion of a vote taken under Subsection (4)(b) or (ii) shall, as soon as practicable after the vote has been taken, send to the Speaker of the National Parliament details of the result of the vote. 346. PRESCRIBED MAJORITY OF VOTES REQUIRED FOR THIS PART, ETC.,. (2) For the purposes of Section 14 (5)(b)(i) (making of alterations to the Constitution and Organic Laws) the prescribed majority of votes for an Organic Law authorized by this Part is a two-thirds absolute majority. 347. ORGANIC LAWS. 348. TRANSITIONAL PROVISIONS. 349. CONSTITUTIONAL REGULATIONS. (2) The Constitutional Regulations under Subsection (1) shall not be made, amended or repealed except with the approval of the Bougainville Executive in accordance with the Bougainville Constitution and the Agreement.
SCHEDULE 1 – RULES FOR SHORTENING AND INTERPRETATION OF THE CONSTITUTIONAL LAWS. PART 1 – INTRODUCTORY. Sch. 1.1.1. Application of Schedule 1. (2) Unless adopted by law for the purposes, they do not apply to any other law. PART 2 – GENERAL. Sch. 1.2.2. Meaning of certain expressions. “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 “act” includes omission or failure to act; ( a ) in the case of a general election where there is no extension of the time for the return of any writ or the time for the return of all writs is extended–the day by which the writs are to be returned; and “the Declaration of Office” means a declaration in the form in Schedule 3; ( a ) the National Government; or “Judge” means a Judge of the Supreme Court or a Judge of the National Court; ( a ) a member of any of the State Services or of a provincial service; or “the public trustee” means the officer (by whatever title known) charged with the duty of administering deceased intestate estates; ( a ) the position of an elected member, whether or not the position is for the time being filled; and “statute” means an Act of the Parliament, an Emergency Regulation or a provincial law, and includes a subordinate legislative enactment made under any such law; ( a ) the underlying law provided for by an Act of the Parliament under Section 20(1) (underlying law and pre-Independence statutes); and “village court” means a court referred to in Section 172(2) (establishment of other courts). (2) Unless the contrary intention appears, where an expression is defined for any purpose in this Schedule, or otherwise in a Constitutional Law, then for that purpose all grammatical variations and cognate and related expressions are to be understood in the same sense. (3) Unless the contrary intention appears, a reference in a Constitutional Law to an institution, office or other thing shall be read as a reference to the appropriate institution, office or thing established or provided for this Constitution, or referred to in the Preamble to this Constitution. Sch. 1.2.3.Form of the Constitutional Laws. (2) The heading or head-notes to the various sections of a Constitutional Law do not form part of the Law, but other headings and notes do form part of the Law. (3) Each provision of a Constitutional Law takes effect as a Constitutional Law. (4) Where a reference in a provision of a Constitutional Law to another provision of that Law, or to a provision of another Constitutional Law, is followed by words in brackets describing, or purporting to describe, the effect of the provision so referred to, the description or purported description does not, unless the contrary is expressed, affect the meaning or effect of the provision so referred to. Sch. 1.2.4.Constitutional Laws speak from time to time. A Constitutional Law speaks from time to time. Sch. 1.2.5.Fair meaning to be given to language used. (2) All provisions of, and all words, expressions and propositions in, a Constitutional Law shall be given their fair and liberal meaning. Sch. 1.2.6.Statements of general principle. Where a provision of a Constitutional Law is expressed to state a proposition “in principle”, then– ( a ) an act (including a legislative, executive or judicial act) that is inconsistent with the proposition is not, by reason of that inconsistency alone, invalid or ineffectual; but Sch. 1.2.7.“Non-justiciable”. Where a Constitutional Law declares a question to be non-justiciable, the question may not be heard or determined by any court or tribunal, but nothing in this section limits the jurisdiction of the Ombudsman Commission or of any other tribunal established for the purposes of Division III.2 (leadership code). Sch. 1.2.8.Gender and number. In a Constitutional Law– ( a ) words importing the masculine gender include females; and Sch. 1.2.9.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. 1.2.10.Exercise and performance of powers and duties. (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. 1.2.11.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. 1.2.12.Power of majority of more than two persons, and quorums. (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. (4) The exception contained in Subsection (3) does not apply to the National Executive Council. Sch. 1.2.13.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. 1.2.14.References to 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. 1.2.15.Residence. ( a ) periods of temporary absence from that place shall be counted as periods of residence in that place; or (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. 1.2.16.Effect of time limits. (2) The operation of Subsection (1) is not excluded by a provision that unqualifiedly specifies a time limit or a maximum time limit. Sch. 1.2.17.Repeal, etc. ( 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 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 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. 1.2.18.Disallowance, etc. (2) For the purpose of Subsection (1), a refusal or failure 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. 1.2.19.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 and does not constitute an appropriation of, or authority to expend, funds. Sch. 1.2.20.Regulation of acts, etc. 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. 1.3.21. “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 ( 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 – ADOPTION, ETC., OF CERTAIN LAWS. Sec. 18. PART 1 – CUSTOM. Sch. 2.1.1. Recognition, etc., of custom. (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. (3) An Act of the Parliament may– ( a ) provide for the proof and pleading of custom for any purpose; and PART 2 – RECEPTION OF A COMMON LAW, ETC. Sch. 2.2.2. Adoption of a common law. ( a ) they are inconsistent with a Constitutional Law or a statute; or (2) Subject to Subsection (1)(a), (b) and (c), the principles and rules adopted under Subsection (1) include principles and rules relating to the Royal Prerogative, except insofar as they provide for– ( a ) a power to declare martial law; or (3) The principles and rules of common law and equity are adopted as provided by Subsections (1) and (2) notwithstanding any revision of them by any statute of England that does not apply in the country by virtue of Section Sch.2.6 (adoption of pre-Independence laws). (4) In relation to any particular question before a court, the operation of Subsection (1)(b) shall be determined by reference, among other things, to the circumstances of the case, including the time and place of any relevant transaction, act or event. PART 3 – DEVELOPMENT OF AN UNDERLYING LAW FOR PAPUA NEW GUINEA. Sch. 2.3.3. Development, etc., of the underlying law. ( a ) in particular, to the National Goals and Directive Principles and the Basic Social Obligations; and 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 refer the matter for decision to the Supreme Court, and take whatever other action (including the adjournment of proceedings) is appropriate. Sch. 2.3.4.Judicial development of the underlying law. In all cases, it is the duty of the National Judicial System, and especially of the Supreme Court and the National Court, to ensure that, with due regard to the need for consistency, the underlying law develops as a coherent system in a manner that is appropriate to the circumstances of the country from time to time, except insofar as it would not be proper to do so by judicial act. Sch. 2.3.5.Reports on the development of the underlying law. In their reports under Section 187(1) (reports by Judges), and in any report under Section 187(2) (reports by Judges) if in their opinion it is desirable to do so, the Judges shall comment on the state, suitability and development of the underlying law, with any recommendations as to improvement that they think it proper to make. PART 4 – ADOPTION OF CERTAIN STATUTES. Sch. 2.4.6. Adoption of pre-Independence laws. ( a ) a law (including a law that had not yet come into operation) that was repealed by the Laws Repeal Act 1975 made by the pre-Independence House of Assembly for Papua New Guinea, and includes– (i) a law that was, and to the extent that it was, continued in force under or by virtue of any such law; and other than such a law that was repealed or superseded, or had expired or was spent, before the commencement of the Laws Repeal Act 1975; and ( b ) the laws of Australia specified in Part 1 of Schedule 5 as in force in the country immediately before Independence Day; and (2) Subject to any Constitutional Law, all pre-Independence laws are, by virtue of this section, adopted as Acts of the Parliament, or subordinate legislative enactments under such Acts, as the case may be, and apply to the extent to which they applied, or purported to apply, immediately before the repeal referred to in Subsection (1)(a), or immediately before Independence Day, as the case may be. (3) For the avoidance of doubt it is hereby declared that where a pre-Independence law to which Subsection (2) applies has not been brought into operation, and does not itself express a date on which it is to come into operation, it may be brought into operation– ( a ) in the case of an Act–on a date to be fixed by the Head of State by notice published in the National Gazette; and Sch. 2.4.7.Adaptation of adopted law. (2) A Constitutional Regulation may prescribe changes to be made for the purposes of Subsection (1) and any such regulation is conclusive as to the changes so prescribed, but no omission to prescribe a change affects the generality of that subsection. (3) A question as to a change to be made for the purposes of Subsection (1) is not a question relating to the interpretation or application of any provision of a Constitutional Law within the meaning of Section 18 (original interpretative jurisdiction of the Supreme Court), but this subsection does not affect the operation of Section 19 (special references to the Supreme Court). PART 5 – JUDICIAL PRECEDENT. Sch. 2.5.8. Effect of Part 5. ( a ) the legal doctrine of judicial precedent (also known as stare decisis); or or the further development and adoption of those doctrines, principles and rules in accordance with Part 3 of this Schedule (development of an underlying law for Papua 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. 2.5.9.Subordination of courts. (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. 2.5.10.Conflict of precedents. ( 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 (i) is not, or is no longer, appropriate to the circumstances of the country or of the matter; or 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. 2.5.11.Prospective over-ruling. (2) In the circumstances described by Subsection (1), a court may apply to a situation a decision of law that was over-ruled after the occurrence of the situation, or a practice, doctrine or custom that was current or accepted at the time of the occurrence of any relevant transaction, act or event. (3) In a case to which Subsection (1) or (2) applies, a court may make its decision subject to such conditions and restrictions as to it seem just. Sch. 2.5.12.Outside decisions. ( 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 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. Sch. 2.6.13. Establishment of the Commission. (2) Only citizens may be members of the Commission. Sch. 2.6.14.Special functions of the Commission. In addition to its other functions and responsibilities under any law, it is a special responsibility of the Law Reform Commission to investigate and report to the Parliament and to the National Executive on the development, and on the adaptation to the circumstances of the country, of the underlying law, and on the appropriateness of the rules and principles of the underlying law to the circumstances of the country from time to time. SCHEDULE 3 – DECLARATION OF OFFICE. Sec.Sch.1.2(1). “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 – JUDICIAL DECLARATION. Sec.Sch.1.2(1). “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 – ADOPTED LAWS OF OTHER COUNTRIES. Sec. Sch.2.6. 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. Merchant Shipping Act 1921. Fees (Increase) Act 1923. APPENDIX 1 – CONSTITUTIONAL AMENDMENTS.
SCHEDULE 6 – [49]. Sch. 6.1. Validation of certain matters relating to the Value Added Tax Act 1999.. “the Act” means the Value Added Tax Act 1998 ; (2) The imposition of – ( a ) value added tax; and under and in accordance with the Act during the relevant period is hereby validated. (3) The assessment and collection of – ( a ) value added tax; and under and in accordance with the Act during the relevant period are hereby validated. (4) The Commissioner General of Internal Revenue and all officers acting under his authority are, in respect of all actions taken by them, under and in accordance with the Act during the relevant period, indemnified against civil or criminal liability alleged on the grounds that the Act during the relevant period, declared unconstitutional. (5) All proceedings, civil or criminal, initiated under and in accordance with the Act during the relevant period are not invalid by reason only of the fact that the Act was, during the relevant period, declared unconstitutional. (6) All penalties (financial and otherwise) imposed under and in accordance with the Act during the relevant period are not invalid by reason only of the fact that the Act was, during the relevant period, declared unconstitutional. (7) All – ( a ) objections to assessments; and (i) Commissioner General of Internal Revenue; and in relation to objections referred to in Paragraph (a) or (b), under an in accordance with the Act during the relevant period are not invalid by reason only of the fact that the Act was, during the relevant period, declared unconstitutional. (8) All – ( a ) exemptions from payment of value added tax; and under and in accordance with the Act during the relevant period are not invalid by reason only of the fact that the Act was, during the relevant period, declared unconstitutional. Sch. 6.2.Validation of certain matters relating to the Value Added Tax Revenue Distribution Act 1998.. “the Act” means the Value Added Tax Revenue Distribution Act 1998 ; (2) The establishment and operations of – ( a ) the National VAT Revenue Trust; and under and in accordance with the Act during the relevant period are hereby validated. (3) The – ( a ) payments made into the Trust Accounts referred to in Subsection (2)(c) and (d); and under and in accordance with the Act during the relevant period are hereby validated. (4) The – ( a ) Commissioner General of Internal Revenue; and are, in respect of all actions taken by them under and in accordance with the Act during the relevant period, hereby indemnified against civil or criminal liability alleged on the grounds that the Act was, during the relevant period, declared unconstitutional. Office of Legislative Counsel, PNG
[1]
Section 12 Subsection (1) substituted by No. 883 of 2006, s. 1.
[3]
Section 12 Subsection (4) inserted by No. 883 of 2006, s. 1.
[5]
Section 103 Subsection (3) amended by No. 881 of 2006, s. 1.
[8] Section 129 Subsection (1) amended by No. 881 of 2006, s. 2. [9] Section 187C Subsection (4) amended by No. 884 of 2006, s. 1.
[10]
Section 187C Subsection (4A) inserted by No. 884 of 2006, s. 1.
[12]
Section 187C Subsection (4B) inserted by No. 884 of 2006, s. 1.
[14]
Section 190 Subsection (2) substituted by No. 882 of 2006, s. 1.
[16]
Section 190 Subsection (2A) inserted by No. 882 of 2006, s. 1.
[18]
Section 190 Subsection (4) amended by No. 882 of 2006, s. 1.
[20]
Section 193 Subsection (1A) inserted by No. 882 of 2006, s. 2.
[22]
Section 193 Subsection (1B) inserted by No. 882 of 2006, s. 2.
[24]
Section 193 Subsection (1C) inserted by No. 882 of 2006, s. 2.
[26]
Section 193 Subsection (1D) inserted by No. 882 of 2006, s. 2.
[28]
Section 193 Subsection (2) amended by No. 882 of 2006, s. 2.
[30]
Section 193 Subsection (3) amended by No. 882 of 2006, s. 2.
[32]
Section 197 Subsection (2) amended by No. 885 of 2006, s. 1.
[34]
Section 197 Subsection (3) inserted by No. 885 of 2006, s. 1.
[36]
Section 197 Subsection (4) inserted by No. 885 of 2006, s. 1.
[38] Section 208A Inserted by No. 886 of 2006, s. 1. [39] Section 208B Inserted by No. 886 of 2006, s. 1. [40] Division 1 Inserted by No. 880 of 2006, s. 1. [41] Division 2 Inserted by No. 880 of 2006, s. 1. [42] Division 3 Inserted by No. 880 of 2006, s. 1. [43] Division 4 Inserted by No. 880 of 2006, s. 1. [44] Division 5 Inserted by No. 880 of 2006, s. 1. [45] Division 6 Inserted by No. 880 of 2006, s. 1. [46] Division 7 Inserted by No. 880 of 2006, s. 1. [47] Division 8 Inserted by No. 880 of 2006, s. 1. [48] Division 9 Inserted by No. 880 of 2006, s. 1. [49] Schedule 6 Inserted by No. 884 of 2006, s. 2. |
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