Constitution of the Independent State of Papua New Guinea

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Constitution of the Independent State of Papua New Guinea
Government of Papua New Guinea

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Parts:	I, II, III, IV, V, VI, VII, VIII, XI, X, XI, XII, XIII

Schedules:	1, 2, 3, 4, 5

14600Constitution of the Independent State of Papua New GuineaGovernment of Papua New Guinea

Constitution of the Independent State of Papua New Guinea (Consolidated to Amendment No 22)

INDEPENDENT STATE OF PAPUA NEW GUINEA.

PNG Constitution - Table of Sections

PREAMBLE.

1. Integral human development.
2. Equality and participation.
3. National sovereignty and self-reliance.
4. Natural resources and environment.
5. Papua New Guinean ways.
Basic Rights.
Basic Social Obligations.

Part I.—INTRODUCTORY.

Division 1.—The Nation.

1. The Independent State of Papua New Guinea.
2. The area of Papua New Guinea.
3. National symbols.
4. National Capital District.
5. Provinces.
6. Declaration of Loyalty.
7. 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.
10. Construction of written laws.

Division 2.—Constitutional Laws.
Subdivision A.—Supreme Law.

11. Constitution, etc., as Supreme Law.
12. Organic Laws.

Subdivision B.—Constitutional Alteration and Organic Laws.

13. Alterations of the Constitution.
14. Making of alterations to the Constitution and Organic Laws.
15. Urgent alterations.
16. Indirect alterations.
17. "Prescribed majority of votes".

Subdivision C.—Constitutional Interpretation.

18. Original interpretative jurisdiction of the Supreme Court.
19. Special references to the Supreme Court.

Division 3.—Adoption, Reception and Development of Certain Laws.

20. Underlying law and pre-Independence statutes.
21. Purpose of Schedule 2.

Division 4.—General.

22. Enforcement of the Constitution.
23. Sanctions.
24. Use of certain materials as aids to interpretation.

Part III.—BASIC PRINCIPLES OF GOVERNMENT.

Division 1.—National Goals and Directive Principles.

25. Implementation of the National Goals and Directive Principles.

Division 2.—Leadership Code.

26. Application of Division 2.
27. Responsibilities of office.
28. Further provisions.
29. Prosecution of misconduct in office.
30. Other authority.
31. Disqualifications on dismissal.

Division 3.—Basic Rights.
Subdivision A.—Introductory.

32. Right to freedom.
33. Other rights and freedoms, etc.
34. Application of Division 3.

Subdivision B.—Fundamental Rights.

35. Right to life.
36. Freedom from inhuman treatment.
37. Protection of the law.

Subdivision C.—Qualified Rights.
General.

38. General qualifications on qualified rights.
39. "Reasonably justifiable in a democratic society", etc.
40. Validity of emergency laws.
41. Proscribed acts.

Rights of All Persons.

42. Liberty of the person.
43. Freedom from forced labour.
44. Freedom from arbitrary search and entry.
45. Freedom of conscience, thought and religion.
46. Freedom of expression.
47. Freedom of assembly and association.
48. Freedom of employment.
49. Right to privacy.

Special Rights of Citizens.

50. Right to vote and stand for public office.
51. Right to freedom of information.
52. Right to freedom of movement.
53. Protection from unjust deprivation of property.
54. Special provision in relation to certain lands.
55. Equality of citizens.
56. Other rights and privileges of citizens.

Subdivision D.—Enforcement.

57. Enforcement of guaranteed rights and freedoms.
58. Compensation.

Division 4.—Principles of Natural Justice.

59. Principles of natural justice.
60. Development of principles.
61. Basic rights and freedoms.
62. Decisions in "deliberate judgement".

Division 5.—Basic Social Obligations.

63. Enforcement of the Basic Social Obligations.

Part IV.—CITIZENSHIP.

Division 1.—Introductory.

64. Dual citizenship.

Division 2.—Acquisition of Citizenship.

65. Automatic citizenship on Independence Day.
66. Citizenship by descent.
67. Citizenship by naturalization.
68. Special provisions relating to naturalization.
69. Application for naturalization.

Division 3.—Loss and Regaining of Citizenship.

70. Automatic loss of citizenship.
71. Acts done under compulsion of law.
72. Renunciation of citizenship.
73. Regaining citizenship.
74. Loss and regaining of citizenship by certain children.

Division 4.—Citizenship Advisory Committee.

75. The Committee.
76. Functions of the Committee.

Division 5.—General.

77. Special provisions for certain persons.
78. Effect of adoption.
79. Place of birth of certain persons.
80. "Residence".
81. Certificate as to citizenship.

Part V.—THE HEAD OF STATE.

Division 1.—The Head of State.

82. Queen and Head of State.
83. Queen's successors.
84. Precedence.
85. Royal Style and Titles.

Division 2.—Functions, etc., of the Head of State.

86. Functions, etc.

Division 3.—Appointment, etc., of Governor-General.

87. Qualifications for appointment.
88. Appointment to office.
89. Assumption of office.
90. Declaration of Loyalty, etc.
91. Normal term of office.
92. Resignation.
93. Dismissal and removal from office.
94. Suspension from office.
95. Acting Governor-General.
96. Terms and conditions of employment.

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.

Division 2.—The National Parliament.
Subdivision A.—The Legislative Power.

100. Exercise of the legislative power.

Subdivision B.—Composition of the National Parliament.

101. Membership.
102. Nominated members.
103. Qualifications for and disqualifications from membership.
104. Normal term of office.
105. General elections.
106. By-elections.

Subdivision C.—The Speaker and the Deputy Speaker.

107. Offices of Speaker and Deputy Speaker.
108. Functions of the Speaker and Deputy Speaker.

Subdivision D.—Powers, Privileges and Procedures.

109. General power of law-making.
110. Certification as to making of laws.
111. Right to introduce bills, etc.
112. Presiding in the Parliament.
113. Quorum.
114. Voting in the Parliament.
115. Parliamentary privileges, etc.
116. Disallowance of subordinate laws.
117. Treaties, etc.

Subdivision E.—The Committee System.

118. Permanent Parliamentary Committees.
119. Chairmen and Deputy Chairmen.
120. Roles of Chairmen and Deputy Chairmen of Permanent Parliamentary Committees.
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.

Subdivision G.—Electorates and Elections.

125. Electorates.
126. Elections.

Subdivision H.—Protection of Elections from Outside or Hidden Influence, and Strengthening of Political Parties.

127. Purposes of Subdivision H.
128. "Registered political party".
129. Integrity of political parties.
130. Integrity of candidates.
130A. Provisions relating to political parties.

Subdivision I.—General.

131. The Parliamentary Salaries Tribunal [repealed].
132. The Parliamentary Service.
133. Standing Orders.
134. Proceedings non-justiciable.
135. Questions as to membership, etc.
136. Validation of Acts of the Parliament.

Division 3.—Special Instances of the Legislative Power.

137. Acts of Indemnity.

Division 4.—The National Executive.
Subdivision A.—The National Executive and the Executive Power.

138. Vesting of the executive power.
139. The National Executive.
140. Conferring of powers, etc., outside the National Executive.

Subdivision B.—The Ministry.

141. Nature of the Ministry: collective responsibility.
142. The Prime Minister.
143. Acting Prime Minister.
144. Other Ministers.
145. Motions of no confidence.
146. Resignation.
147. Normal term of office.
148. Functions, etc., of Ministers.

Subdivision C.—The National Executive Council.

149. The National Executive Council.
150. The Secretary to the National Executive Council.

Subdivision D.—The Power of Mercy.

151. Grant of pardon, etc.
152. Advisory Committee on the Power of Mercy.

Subdivision E.—General.

153. Validity of executive acts.

Division 5.—The Administration of Justice. Subdivision A.—General Structure and Principles of the National Justice Administration.

154. The National Justice Administration.
155. The National Judicial System.
156. The Law Officers.
157. Independence of the National Judicial System.

Subdivision B.—The Judicial Power.

158. Exercise of the judicial power.
159. Tribunals, etc., outside the National Judicial System.

Subdivision C.—The Supreme Court of Justice.

160. Establishment of the Supreme Court.
161. Composition of the Supreme Court.
162. Jurisdiction of the Supreme Court.

Subdivision D.—The National Court of Justice.

163. Establishment of the National Court.
164. Composition of the National Court.
165. Acting Judges.
166. Jurisdiction of the National Court.
167. Assistant Judges.

Subdivision E.—Appointment, etc., of Judges.

168. Qualifications.
169. Appointment, etc., of the Chief Justice.
170. Appointment of other Judges.
171. Seniority of Judges.

Subdivision F.—Inferior Courts, the Magisterial Service, etc.

172. Establishment of other courts.
173. Establishment of the Magisterial Service.
174. Magistrates, etc., outside the Magisterial Service.
175. The Chief Magistrate.

Subdivision G.—The Public Prosecutor and the Public Solicitor.

176. Establishment of offices.
177. Functions of the Public Prosecutor and the Public Solicitor.

Subdivision H.—Removal from Office of Senior Judicial and Legal Office-holders.

178. Grounds of removal.
179. Removal from office of Chief Justice.
180. Removal from office of other Judges, etc.
181. Constitution, etc., of tribunals.
182. Suspension.

Subdivision I.—The Judicial and Legal Services Commission.

183. Establishment of the Commission.

Subdivision J.—Miscellaneous.

184. Rules of court.
185. Lack of procedural provision.
186. Juries and assessors.
187. Reports by Judges.

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.
187D. Inconsistency and justiciability of provincial laws and local-level laws.
187E. Suspension of Provincial Governments and Local-level Governments.
187F. Re-establishment of Provincial Governments and Local-level Governments.
187G. Gradations of Provincial Governments and Local-level Governments.
187H. National Economic and Fiscal Commission.
187I. Local and village governments.
187J. Reports on Provincial Governments and Local-level Governments.

Part VII.—THE STATE SERVICES.

Division 1.—Introductory.

188. Establishment of the State Services.
189. Civilian control.

Division 2.—The Public Services Commission.

190. Establishment of the Commission.
191. Functions of the Commission.
192. Independence of the Commission.
193. Appointments to certain offices.
194. "Personnel matters".

Division 3.—The State Services Generally.

195. Organization, etc., of the State Services.

Division 4.—Special Provisions in Relation to the Police Force.

196. Control of the Police Force.
197. Functions of the Police Force.
198. Commissioner of Police.
199. Other forces.

Division 5.—Special Provisions in Relation to the Defence Force.

200. Raising unauthorized forces.
201. Control of the Defence Force.
202. Functions of the Defence Force.
203. Application of general law.
204. Call-out in aid to the civil power.
205. Active service.
206. Visiting forces.

Division 6.—Special Provisions relating to Disciplined Forces.

207. Definition of "disciplined force".
208. Protection of members of disciplined forces.

Part VIII.—SUPERVISION AND CONTROL.

Division 1.—Public Finances.
Subdivision A.—The Parliament and Finance.

209. Parliamentary responsibility.
210. Executive initiative.
211. Accounting, etc., for public moneys.
212. Revenue and expenditure without prior approval.

Subdivision B.—The Auditor-General.

213. Establishment of the office of Auditor-General.
214. Functions of the Auditor-General.

Subdivision C.—The Public Accounts Committee.

215. Establishment of the Committee.
216. Functions of the Committee.

Division 1A.—Salaries and Remuneration Commission.

216A. The Salaries and Remuneration Commission.

Division 2.—The Ombudsman Commission.

217. The Ombudsman Commission.
218. Purposes of the Commission.
219. Functions of the Commission.
220. Reports by the Commission.

Part IX.—CONSTITUTIONAL OFFICE-HOLDERS AND CONSTITUTIONAL INSTITUTIONS.

221. Definitions.
222. Other provisions relating to constitutional office-holders and constitutional institutions.
223. General provision for constitutional office-holders.
224. Special provision for constitutional institutions.
225. Provision of facilities, etc.

Part X.—EMERGENCY POWERS.

Division 1.—Introductory.

226. Definitions.

Division 2.—Periods of Declared National Emergency.

227. Declaration of war.
228. Declaration of national emergency.
229. Termination of periods of declared national emergency.

Division 3.—Emergency Measures.

230. Emergency Acts.
231. Emergency Regulations.
232. Emergency orders.
233. Content, operations, etc., of emergency laws.
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.
237. Automatic termination of emergency laws, etc.
238. Extension of Emergency Acts.

Division 4.—Parliamentary Supervision and Control.

239. Parliamentary control.
240. Emergency Committees.
241. Temporary Emergency Committees.
242. Functions, etc., of Emergency Committees.
243. Priority of emergency business in Parliament.

Division 5.—Internment.

244. Laws providing for internment.
245. Internment.

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.
248. Vesting of rights and liabilities of former Government.
249. Declarations by certain office-holders.
250. Making of Declaration of Loyalty, etc.
251. Taking certain oaths, etc., by non-citizens.
252. The National Gazette.
253. Slavery, etc.
254. Filling of offices, etc.
255. Consultation.
256. Reports by public office-holders, etc.
257. Proof of acts of the Constituent Assembly.
258. Constitutional Regulations.
259. Independent tribunals.

Part XII.—CONSTITUTIONAL REVIEW.

260. General Constitutional Commission.
261. Interim Constitutional Commission.
262. Subordinate commissions and committees.
263. Further definition, etc.

Part XIII.—IMMEDIATE AND TRANSITIONAL PROVISIONS.

264. Effect of Part XIII.
265. Dissolution of the Constituent Assembly.
266. Provisional laws.
267. Transitional laws.
268. First Governor-General.
269. First Parliament, electorates, etc.
270. First Ministry.
271. First Judges.
272. Oaths, affirmation, etc.
273. Treaties applying before Independence.
274. Composition of certain constitutional institutions.
275. Chairmanship of tribunal to review internments.

Schedule 1.—RULES FOR SHORTENING AND INTERPRETATION OF THE CONSTITUTIONAL LAWS.

PART 1.—INTRODUCTORY.

Sch.1.1. Application of Schedule 1.

PART 2.—GENERAL.

Sch.1.2. Meaning of certain expressions.
Sch.1.3. Form of the Constitutional Laws.
Sch.1.4. Constitutional Laws speak from time to time.
Sch.1.5. Fair meaning to be given to language used.
Sch.1.6. Statements of general principle.
Sch.1.7. "Non-justiciable".
Sch.1.8. Gender and number.
Sch.1.9. Provision where no time prescribed.
Sch.1.10. Exercise and performance of powers and duties.
Sch.1.11. Determination of appropriate authority.
Sch.1.12. Power of majority of more than two persons, and quorums.
Sch.1.13. Attainment of age.
Sch.1.14. References to series.
Sch.1.15. Residence.
Sch.1.16. Effect of time limits.
Sch.1.17. Repeal, etc.
Sch.1.18. Disallowance, etc.
Sch.1.19. Independence.
Sch.1.20. Regulation of acts, etc.

PART 3.—SPECIAL PROVISIONS RELATING TO THE OFFICE OF HEAD OF STATE.

Sch.1.21. "the Head of State"; "the Governor-General".

Schedule 2.—ADOPTION, ETC., OF CERTAIN LAWS.

via [Sec.18.]

PART 1.—CUSTOM.

Sch.2.1. Recognition, etc., of custom.

PART 2.—RECEPTION OF A COMMON LAW, ETC.

Sch.2.2. Adoption of a common law.

PART 3.—DEVELOPMENT OF AN UNDERLYING LAW FOR PAPUA NEW GUINEA.

Sch.2.3. Development, etc., of the underlying law.
Sch.2.4. Judicial development of the underlying law.
Sch.2.5. Reports on the development of the underlying law.

PART 4.—ADOPTION OF CERTAIN STATUTES.

Sch.2.6. Adoption of pre-Independence laws.
Sch.2.7. Adaptation of adopted law.

PART 5.—JUDICIAL PRECEDENT.

Sch.2.8. Effect of Part 5.
Sch.2.9. Subordination of courts.
Sch.2.10. Conflict of precedents.
Sch.2.11. Prospective over-ruling.
Sch.2.12. Outside decisions.

PART 6.—THE LAW REFORM COMMISSION.

Sch.2.13. Establishment of the Commission.
Sch.2.14. Special functions of the Commission.

Schedule 3.—DECLARATION OF OFFICE.

via [Sec.Sch.1.2(1).]

Schedule 4.—JUDICIAL DECLARATION.

via [Sec.Sch.1.2(1).]

Schedule 5.—ADOPTED LAWS OF OTHER COUNTRIES.

via [Sec.Sch.2.6.]
PART 1.—AUSTRALIA.
PART 2.—ENGLAND.

Appendix.

CONSTITUTIONAL AMENDMENTS.

References

full PNG constitutional text; from Pacific Law Library.

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