Constitution of the Independent State of Papua New Guinea/Part XIII

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

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Note: The overall document (Constitution of the Independent State of Papua New Guinea) has been separated into its individual parts, each part or schedule appearing on a separate article page.

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Contents of this page

This page contains PART XIII of the PNG Constitution.

Text appears after the Table of Contents for this part, below.

Note: that the headings and sub-headings identified in the Table of Contents below are for navigational purposes, and do not necessarily constitute the structural subdivision recognised in the document. In particular, any numbering appearing before a header or subheader in the Table of Contents does not correspond to the part, divisional, sectional or subsectional numbering scheme applied to the Constitution. The Constitution's part, divisional, sectional or subsectional numbering scheme is preserved in the body of the text of the document.

PART XIII.— IMMEDIATE AND TRANSITIONAL PROVISIONS
PART XIII.— IMMEDIATE AND TRANSITIONAL PROVISIONS.

264. Effect of Part XIII.

The provisions of this Part, and of any Provisional Organic Law or Organic Law made for the purposes of Section 267 (transitional laws), have effect notwithstanding anything in the preceding provisions of this Constitution.

265. Dissolution of the Constituent Assembly.

The Constituent Assembly, having performed its duty to frame and adopt, on behalf of the People, a Constitution, and its other duties, is dissolved.

266. Provisional laws.


 * (1)    If before Independence Day the Constituent Assembly has made an instrument expressed to be a Provisional Organic Law, the instrument takes effect, on Independence Day, as if it were an Organic Law made and coming into effect on that day.


 * (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.


 * (1)    A Provisional Organic Law or an Organic Law may make whatever provision seems necessary or desirable for a smooth transition from pre-Independence arrangements to arrangements under this Constitution and, in particular, but without limiting the generality of the foregoing, for securing—
 * (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
 * (b) the continued effect of acts done or commenced before Independence Day under pre-Independence laws.


 * (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.

If before Independence Day— that person becomes the first Governor-General on Independence Day.
 * (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
 * (b) Her Majesty, Elizabeth II, having consented to become Queen and Head of State of Papua New Guinea has signified her approval to that person becoming the Governor-General,

269. First Parliament, electorates, etc.


 * (1)    Notwithstanding anything in this Constitution, but subject to Subsection (6), the open and regional electorates for the pre-Independence House of Assembly established immediately before Independence Day are the first open and provincial (as the case may be) electorates for the Parliament.


 * (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
 * (ii)    he becomes a person who has been convicted of and is under sentence of imprisonment, or is subject to be sentenced (other than a person who has been released on recognizance to appear and receive judgement when called upon), for an offence punishable by imprisonment for one year or longer, as in Section 50(1)(a) (right to vote and stand for public office); or
 * (iii)    he becomes disqualified under Section 103(3)(b) or (d) (qualifications for and disqualifications from membership); and
 * (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
 * (c) the electoral rolls in effect immediately before Independence Day are the first electoral rolls for the first open and provincial electorates (as the case may be).


 * (3)    The Boundaries Commission shall recommend to the Parliament the number of open electorates and their boundaries for determination by the Parliament under Section 125(1) (electorates) as soon as possible after Independence Day.


 * (4)    Unless a general election to the Parliament is held earlier under Section 105 (general elections) the term of the first Parliament is—
 * (a) the balance of the term of the pre-Independence House of Assembly remaining unexpended immediately after Independence Day; and
 * (b) the period up to the first general election held after Independence Day and the first general elections shall be held, as directed by the Head of State, acting with, and in accordance with, the advice of the Electoral Commission, in the months May and June 1977.


 * (5)    If the Parliament has not made a determination under Section 125(1) (electorates) in time for the first general elections held after Independence Day—
 * (a) the number and boundaries of the open electorates shall remain the same as for the previous general elections; and
 * (b) the number of provincial electorates shall be as determined by an Organic Law; and
 * (c) the boundaries of the provincial electorates shall be as determined by the Head of State, acting with, and in accordance with, the advice of the Boundaries Commission, but so that the boundaries of the provincial electorates—
 * (i)     enclose all the territory of open electorates within each province; and
 * (ii)    so near as may be, coincide with the boundaries of the provinces as defined in the Organic Law on Provincial Boundaries and the boundaries of the National Capital District as defined in the Organic Law on the Boundaries of the National Capital District.


 * (6)    If a provincial electorate consists of two or more provinces, an Organic Law shall make adequate provision for—
 * (a) the declaration of each province as a provincial electorate; and
 * (b) each electorate to be represented by a provincial member,
 * as soon as practicable after Independence Day.

270. First Ministry.


 * (1)    The pre-Independence Chief Minister in office immediately before Independence Day is the first Prime Minister.


 * (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.

Notwithstanding anything in this Constitution—


 * (a) the pre-Independence Chief Justice in office immediately before Independence Day is the first Chief Justice of Papua New Guinea; and


 * (b) the Senior Puisne Judge in office immediately before Independence Day is the First Deputy Chief Justice of Papua New Guinea; and


 * (c) each Judge in office immediately before Independence Day is a Judge of the National Court; and


 * (d) each acting Judge in office immediately before Independence Day is an Acting Judge of the National Court,

on the same terms and conditions that were applicable to him before Independence Day but in no case shall his term of office exceed three years from the date of his present appointment.

272. Oaths, affirmation, etc.


 * (1)    Notwithstanding anything in this Constitution, but subject to Section 250 (making of Declaration of Loyalty, etc.) and Section 251 (taking certain oaths, etc., by non-citizens)—
 * (a) the first Governor-General shall take the Oath of Allegiance and make the Declaration of Loyalty and the Declaration of Office; and
 * (b) the first Prime Minister and other Ministers, and the first Speaker and Deputy Speaker, shall make the Declaration of Loyalty and the Declaration of Office; and
 * (c) the first Chief Justice and other Judges shall make the Judicial Declaration,
 * 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.

The provisions of Section 117 (treaties, etc.) do not prevent the Head of State, acting with, and in accordance with, the advice of the National Executive Council, from making a declaration that an international commitment, that, immediately before Independence Day, applied to the territory at that time known as Papua New Guinea or a component part of that territory may, by agreement, be treated as if it were binding on Papua New Guinea for a period not exceeding five years after that day.

274. Composition of certain constitutional institutions.

Except where expressly provided otherwise in a Constitutional Law, until 16 September 1985, where a constitutional institution other than the Supreme Court or the National Court is composed of more than one person, the majority of those persons must be citizens, but failure to comply with this section does not invalidate any act of the institution.

275. Chairmanship of tribunal to review internments.

Until 16 September 1985, in addition to persons who are qualified to be appointed as Judges of the National Court, a person who holds office as a magistrate of the highest grade or classification is eligible for appointment as Chairman of a tribunal appointed in accordance with Section 245(1)(e) (internment).

Notes to amendments
footnotes to amendments: