Constitution of the Independent State of Papua New Guinea

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

INDEPENDENT STATE OF PAPUA NEW GUINEA.

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. Division 2.—Interpretation.
 * 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.
 * 8.     Principles of interpretation.

Part II.—THE NATIONAL LEGAL SYSTEM.
Division 1.—The Laws of Papua New Guinea. Division 2.—Constitutional Laws.
 * 9.     The laws.
 * 10.   Construction of written laws.

Subdivision A.—Supreme Law. Subdivision B.—Constitutional Alteration and Organic Laws. Subdivision C.—Constitutional Interpretation. Division 3.—Adoption, Reception and Development of Certain Laws. Division 4.—General.
 * 11.   Constitution, etc., as Supreme Law.
 * 12.   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".
 * 18.   Original interpretative jurisdiction of the Supreme Court.
 * 19.   Special references to the Supreme Court.
 * 20.   Underlying law and pre-Independence statutes.
 * 21.   Purpose of Schedule 2.
 * 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. Division 2.—Leadership Code. Division 3.—Basic Rights.
 * 25.   Implementation of the National Goals and Directive Principles.
 * 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.

Subdivision A.—Introductory. Subdivision B.—Fundamental Rights. Subdivision C.—Qualified Rights.
 * 32.   Right to freedom.
 * 33.   Other rights and freedoms, etc.
 * 34.   Application of Division 3.
 * 35.   Right to life.
 * 36.   Freedom from inhuman treatment.
 * 37.   Protection of the law.

General. Rights of All Persons. Special Rights of Citizens. Subdivision D.—Enforcement. Division 4.—Principles of Natural Justice. Division 5.—Basic Social Obligations.
 * 38.   General qualifications on qualified rights.
 * 39.   "Reasonably justifiable in a democratic society", etc.
 * 40.   Validity of emergency laws.
 * 41.   Proscribed acts.
 * 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.
 * 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.
 * 57.   Enforcement of guaranteed rights and freedoms.
 * 58.   Compensation.
 * 59.   Principles of natural justice.
 * 60.   Development of principles.
 * 61.   Basic rights and freedoms.
 * 62.   Decisions in "deliberate judgement".
 * 63.   Enforcement of the Basic Social Obligations.

Part IV.—CITIZENSHIP.
Division 1.—Introductory. Division 2.—Acquisition of Citizenship. Division 3.—Loss and Regaining of Citizenship. Division 4.—Citizenship Advisory Committee. Division 5.—General.
 * 64.   Dual 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.
 * 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.
 * 75.   The Committee.
 * 76.   Functions of the Committee.
 * 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. Division 2.—Functions, etc., of the Head of State. Division 3.—Appointment, etc., of Governor-General. Division 4.—General.
 * 82.   Queen and Head of State.
 * 83.   Queen's successors.
 * 84.   Precedence.
 * 85.   Royal Style and Titles.
 * 86.   Functions, etc.
 * 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.
 * 97.   Conveyance of decisions, etc.
 * 98.   Acts, etc., of the Head of State.

Part VI.—THE NATIONAL GOVERNMENT.
Division 1.—General Principles. Division 2.—The National Parliament.
 * 99.   Structure of Government.

Subdivision A.—The Legislative Power. Subdivision B.—Composition of the National Parliament. Subdivision C.—The Speaker and the Deputy Speaker. Subdivision D.—Powers, Privileges and Procedures. Subdivision E.—The Committee System. Subdivision F.—Calling, etc., of the Parliament. Subdivision G.—Electorates and Elections. Subdivision H.—Protection of Elections from Outside or Hidden Influence, and Strengthening of Political Parties. Subdivision I.—General. Division 3.—Special Instances of the Legislative Power. Division 4.—The National Executive.
 * 100. Exercise of the legislative power.
 * 101. Membership.
 * 102. Nominated members.
 * 103. Qualifications for and disqualifications from membership.
 * 104. Normal term of office.
 * 105. General elections.
 * 106. By-elections.
 * 107. Offices of Speaker and Deputy Speaker.
 * 108. Functions of the Speaker and Deputy Speaker.
 * 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.
 * 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.
 * 124. Calling, etc.
 * 125. Electorates.
 * 126. Elections.
 * 127. Purposes of Subdivision H.
 * 128. "Registered political party".
 * 129. Integrity of political parties.
 * 130. Integrity of candidates.
 * 130A. Provisions relating to political parties.
 * 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.
 * 137. Acts of Indemnity.

Subdivision A.—The National Executive and the Executive Power. Subdivision B.—The Ministry. Subdivision C.—The National Executive Council. Subdivision D.—The Power of Mercy. Subdivision E.—General. Division 5.—The Administration of Justice. Subdivision A.—General Structure and Principles of the National Justice Administration. Subdivision B.—The Judicial Power. Subdivision C.—The Supreme Court of Justice. Subdivision D.—The National Court of Justice. Subdivision E.—Appointment, etc., of Judges. Subdivision F.—Inferior Courts, the Magisterial Service, etc. Subdivision G.—The Public Prosecutor and the Public Solicitor. Subdivision H.—Removal from Office of Senior Judicial and Legal Office-holders. Subdivision I.—The Judicial and Legal Services Commission. Subdivision J.—Miscellaneous.
 * 138. Vesting of the executive power.
 * 139. The National Executive.
 * 140. Conferring of powers, etc., outside the National Executive.
 * 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.
 * 149. The National Executive Council.
 * 150. The Secretary to the National Executive Council.
 * 151. Grant of pardon, etc.
 * 152. Advisory Committee on the Power of Mercy.
 * 153. Validity of executive acts.
 * 154. The National Justice Administration.
 * 155. The National Judicial System.
 * 156. The Law Officers.
 * 157. Independence of the National Judicial System.
 * 158. Exercise of the judicial power.
 * 159. Tribunals, etc., outside the National Judicial System.
 * 160. Establishment of the Supreme Court.
 * 161. Composition of the Supreme Court.
 * 162. Jurisdiction of the Supreme Court.
 * 163. Establishment of the National Court.
 * 164. Composition of the National Court.
 * 165. Acting Judges.
 * 166. Jurisdiction of the National Court.
 * 167. Assistant Judges.
 * 168. Qualifications.
 * 169. Appointment, etc., of the Chief Justice.
 * 170. Appointment of other Judges.
 * 171. Seniority of Judges.
 * 172. Establishment of other courts.
 * 173. Establishment of the Magisterial Service.
 * 174. Magistrates, etc., outside the Magisterial Service.
 * 175. The Chief Magistrate.
 * 176. Establishment of offices.
 * 177. Functions of the Public Prosecutor and the Public Solicitor.
 * 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.
 * 183. Establishment of the Commission.
 * 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. Division 2.—The Public Services Commission. Division 3.—The State Services Generally. Division 4.—Special Provisions in Relation to the Police Force. Division 5.—Special Provisions in Relation to the Defence Force. Division 6.—Special Provisions relating to Disciplined Forces.
 * 188. Establishment of the State Services.
 * 189. Civilian control.
 * 190. Establishment of the Commission.
 * 191. Functions of the Commission.
 * 192. Independence of the Commission.
 * 193. Appointments to certain offices.
 * 194. "Personnel matters".
 * 195. Organization, etc., of the State Services.
 * 196. Control of the Police Force.
 * 197. Functions of the Police Force.
 * 198. Commissioner of Police.
 * 199. Other forces.
 * 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.
 * 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. Subdivision B.—The Auditor-General. Subdivision C.—The Public Accounts Committee. Division 1A.—Salaries and Remuneration Commission. Division 2.—The Ombudsman Commission.
 * 209. Parliamentary responsibility.
 * 210. Executive initiative.
 * 211. Accounting, etc., for public moneys.
 * 212. Revenue and expenditure without prior approval.
 * 213. Establishment of the office of Auditor-General.
 * 214. Functions of the Auditor-General.
 * 215. Establishment of the Committee.
 * 216. Functions of the Committee.
 * 216A. The Salaries and Remuneration 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. Division 2.—Periods of Declared National Emergency. Division 3.—Emergency Measures. Division 4.—Parliamentary Supervision and Control. Division 5.—Internment. Division 6.—Miscellaneous.
 * 226. Definitions.
 * 227. Declaration of war.
 * 228. Declaration of national emergency.
 * 229. Termination of periods of declared national emergency.
 * 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.
 * 239. Parliamentary control.
 * 240. Emergency Committees.
 * 241. Temporary Emergency Committees.
 * 242. Functions, etc., of Emergency Committees.
 * 243. Priority of emergency business in Parliament.
 * 244. Laws providing for internment.
 * 245. Internment.
 * 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. PART 2.—GENERAL. PART 3.—SPECIAL PROVISIONS RELATING TO THE OFFICE OF HEAD OF STATE.
 * Sch.1.1.   Application of Schedule 1.
 * 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.
 * Sch.1.21.  "the Head of State"; "the Governor-General".

Schedule 2.—ADOPTION, ETC., OF CERTAIN LAWS.
PART 1.—CUSTOM. PART 2.—RECEPTION OF A COMMON LAW, ETC. PART 3.—DEVELOPMENT OF AN UNDERLYING LAW FOR PAPUA NEW GUINEA. PART 4.—ADOPTION OF CERTAIN STATUTES. PART 5.—JUDICIAL PRECEDENT. PART 6.—THE LAW REFORM COMMISSION.
 * via [Sec.18.]
 * Sch.2.1.   Recognition, etc., of custom.
 * Sch.2.2.   Adoption of a common law.
 * 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.
 * Sch.2.6.   Adoption of pre-Independence laws.
 * Sch.2.7.   Adaptation of adopted law.
 * 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.
 * 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.