PNG Constitution (Index)

Guide to the Constitution of the Independent State of Papua New Guinea. This is a work in progress and is not yet complete.

Note: This document is to be used as a guide only. It has been provided as an uncertified, unverified copy. Please consult the relevant people to obtain a genuine copy of the PNG Constitution.

Sections

Preamble -- See -- pngcpre.html

1. The Independent State of Papua New Guinea. --- See --- pngc1-10.html
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.
9. The laws.
10. Construction of written laws.

Subdivision A – Supreme Law.--- See --- pngc11-12.html

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

Subdivision B – Constitutional Alteration and Organic Laws. -- See -- pngc13-17.html

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. -- See -- pngc18-31.html

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.
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. -- See -- pngc32-34.html

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

Subdivision B – Fundamental Rights. -- See -- pngc32-34.html

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

Subdivision C – Qualified Rights.-- See -- pngc38-56.html

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.

Subdivision D – Enforcement.-- See -- pngc57-99.html

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.
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.
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.
99. Structure of Government.

Subdivision A – The Legislative Power. -- See -- pngc100.html

100. Exercise of the legislative power.

Subdivision B – Composition of the National Parliament. -- See -- pngc101-106.html

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. -- See -- pngc107-108.html

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

Subdivision D – Powers, Privileges and Procedures. -- See -- pngc109-117.html

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. -- See -- pngc118-123.html

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. -- See -- pngc124.html

124. Calling, etc.

Subdivision G – Electorates and Elections. -- See -- pngc125-126.html

125. Electorates.
126. Elections.

Subdivision H – Protection of Elections from Outside or Hidden Influence, and Strengthening of Political Parties. -- See -- pngc127-130a.html

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. -- See -- pngc131-137.html

[131. 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. -- See -- pngc138-140.html

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

Subdivision B – The Ministry. -- See -- pngc141-148.html

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. -- See -- pngc149-150.html

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

Subdivision D – The Power of Mercy. -- See -- pngc151-152.html

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

Subdivision E – General. -- See -- pngc153.html

153. Validity of executive acts.

Subdivision A – General Structure and Principles of the National Justice Administration. -- See -- pngc154-157.html

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. -- See -- pngc158-159.html

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

Subdivision C – The Supreme Court of Justice. -- See -- pngc160-162.html

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. -- See --

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. -- See -- pngc168-171.html

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. -- See -- pngc172-175.html

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. -- See -- pngc176-177.html

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. -- See --

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. -- See -- pngc183.html

183. Establishment of the Commission.

Subdivision J – Miscellaneous. -- See --

184. Rules of court.
185. Lack of procedural provision.
186. Juries and assessors.
187. Reports by Judges.
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.
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.
208A. DECLARATION OF REGULATORY STATUTORY AUTHORITIES.
208B. APPOINTMENTS TO CERTAIN OFFICES OF REGULATORY STATUTORY AUTHORITIES.

Subdivision A – The Parliament and Finance. -- See --

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

Subdivision B – The Auditor-General. -- See --

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

Subdivision C – The Public Accounts Committee. -- See --

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.
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.
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.
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.
260. General Constitutional Commission.
261. Interim Constitutional Commission.
262. Subordinate commissions and committees.
263. Further definition, etc.
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.
276. Application of this Part.
277. Non-Application of Part VIA.
278. Interpretation.
279. Autonomous Government for Bougainville.
280. Bougainville Constitution.
281. Bougainville Constitutional Commission.
282. Structures of Bougainville Government to be contained in Bougainville Constitution.
283. Consultation with National Executive Council.
284. Bougainville Constituent Assembly.
285. Endorsement of Bougainville Constitution.
286. Legal Status of Bougainville Constitution.
287. Amendment of Bougainville Constitution.
288. Division of functions and powers of government.
289. Functions and powers of the National Government.
290. Functions and powers available to the Bougainville Government.
291. Functions and powers of the National Government and of the Bougainville Government in relation to criminal law.
292. Subjects not specified in Sections 289, 290 and 291.
293. International Obligations, etc., of the State in respect of the powers and functions of the Bougainville Government.
294. Functions and powers of the Bougainville Government on establishment and within 12 months thereafter.
295. Process for transfer of functions and powers.
296. Relationship of National and Bougainville Laws.
297. Manner of implementation of transfer of functions and powers.
298. National Government Assets and Land.
299. Transfer or delegation of functions and powers.

Subdivision 1 – Preliminary. -- See --

300. Bougainville Constitution and Bougainville Laws to form part of the laws of Papua New Guinea.
301. Special references to the Supreme Court.

Subdivision 2 – Code of Conduct, etc., and Leadership Code. -- See - pngc302.html

302. Code of conduct, etc., and leadership code.

Subdivision 3 – Rights and Freedoms.. -- See -- pngc303-304.html

303. Qualifications on qualified rights.
304. Guaranteed rights and freedoms.

Subdivision 4 – Administration of Justice.. -- See --

305. Operation of National Judicial System in Bougainville.
306. Establishment of Courts in Bougainville.
307. Establishment of tribunals in Bougainville.
308. Jurisdiction of Bougainville Courts.
309. Appointment of Judges, etc.,.

Subdivision 5 – Bougainville Government Services. -- See --

310. Bougainville Government Services.

Subdivision 6 – Bougainville Public Service. -- See --

311. Bougainville Public Service..
312. National Public Service in Bougainville.

Subdivision 7 – Bougainville Police. -- See --

313. Bougainville Police.
314. Funding of the Bougainville Police.
315. Police Force etc., in Bougainville.

Subdivision 8 – Bougainville Correctional Service.. -- See --

316. Bougainville Correctional Service.
317. Funding the Bougainville Correctional Service.
318. Correctional Service of the National Government in Bougainville.

Subdivision I – Bougainville Salaries and Remuneration Commission. -- See --

319. Bougainville Salaries and Remuneration Commission.
320. Salaries and Remuneration Commission.

Subdivision J – Powers Relating to Constitutional Office-Holders. -- See --

321. Bougainville Constitutional Office-Holders.

Subdivision K – Emergency Powers. -- See --

322. Bougainville Constitution may provide for emergencies.
323. Declaration of National Emergencies in Bougainville.
324. Basic Principles of fiscal arrangements.
325. Revenue Raising, etc., arrangements.
326. Grants.
327. Foreign Aid.
328. Other Financial Powers and Accountability.
329. Follow-up to Audit Reports.
330. Interpretation.
331. Principles of InterGovernmental Relations.
332. Joint Supervisory Body.
333. Dispute Resolution Procedure.
334. Mediation and Arbitration.
335. Dispute Resolution in the Courts.
336. Panel of Persons with Appropriate Expertise.
337. Reviews.
338. Referendum to be held.
339. The Question or Questions to be put.
340. Manner of Conducting Referendum.
341. Referendum to be free and fair.
342. Referendum Results and Implementation.
343. Resolution of Differences on Referendum.
344. Immunity from Prosecution.
345. Requirement for Amendment of this Part; etc.
346. Prescribed Majority of Votes Required for this Part, etc.,.
347. Organic Laws.
348. Transitional Provisions.
349. Constitutional Regulations.