Constitution of the Independent State of Papua New Guinea
|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.
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The full text of any given section appears on the page for the Part or Schedule to which it belongs.
PNG Constitution - Table of Sections
- 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.
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.
- 8. Principles of interpretation.
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.
- 22. Enforcement of the Constitution.
- 23. Sanctions.
- 24. Use of certain materials as aids to interpretation.
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.
- 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.
- 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.
- 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.
- 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.
- 77. Special provisions for certain persons.
- 78. Effect of adoption.
- 79. Place of birth of certain persons.
- 80. "Residence".
- 81. Certificate as to citizenship.
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.
- 97. Conveyance of decisions, etc.
- 98. Acts, etc., of the Head of State.
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.
- 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.
- 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.
- 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.
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.
- 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.
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.
- 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.
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.
- 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.
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.]
- 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.
- full PNG constitutional text; from Pacific Law Library.
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