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

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Constitution of the Independent State of Papua New Guinea
The Government of Papua New Guinea
Part XI

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


Navigational template to PNG Constitution
Constitution of Papua New Guinea: Index
PREAMBLE.
Part I. - INTRODUCTORY.
Part II. - THE NATIONAL LEGAL SYSTEM.
Part III. - BASIC PRINCIPLES OF GOVERNMENT.
Part IV. - CITIZENSHIP.
Part V. - THE HEAD OF STATE.
Part VI. - THE NATIONAL GOVERNMENT.
Part VIA. - PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS.
Part VII. - STATE SERVICES.
Part VIII. - SUPERVISION AND CONTROL.
Part IX. - CONSTITUTIONAL OFFICE-HOLDERS AND CONSTITUTIONAL INSTITUTIONS.
Part X. - EMERGENCY POWERS.
Part XI. - MISCELLANEOUS.
Part XII. - CONSTITUTIONAL REVIEW.
Part XIII. - IMMEDIATE AND TRANSITIONAL PROVISIONS.
SCHEDULES
Schedule 1. - RULES FOR SHORTENING AND INTERPRETATION OF THE CONSTITUTIONAL LAWS.
Schedule 2. - ADOPTION, ETC., OF CERTAIN LAWS.
Schedule 3. - DECLARATION OF OFFICE.
Schedule 4. - JUDICIAL DECLARATION.
Schedule 5. - ADOPTED LAWS OF OTHER COUNTRIES.
APPENDICES
Appendix. - CONSTITUTIONAL AMENDMENTS.

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 XI 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 XI.—MISCELLANEOUS[edit]

PART XI.—MISCELLANEOUS.

247. Legal capacity of the Independent State of Papua New Guinea.

  • (1) Papua New Guinea has power to acquire, hold and dispose of property of any kind, and to make contracts, in accordance with an Act of the Parliament.
  • (2) Papua New Guinea may sue and be sued, in accordance with an Act of the Parliament.

248. Vesting of rights and liabilities of former Government.

All property that was, immediately before Independence Day, vested in the body corporate at that time known as "The Government of Papua New Guinea" is, on that day, vested in Papua New Guinea, and all rights and liabilities (actual or contingent) of that body immediately before that day are, on that day, rights and liabilities of Papua New Guinea.

249. Declarations by certain office-holders.

Subject to any Organic Law, every person who is subject to Division III.2 (leadership code) before entering upon the duties of or exercising any of the powers of his office, shall make—

  • (a) unless he has made it on a previous occasion or is exempt from making it under—
    • (i) Section 251(1) (taking certain oaths, etc., by non-citizens); or
    • (ii) Section 272 (oaths, affirmation, etc.),
  • the Declaration of Loyalty; and
  • (b) in the case of—
    • (i) a judicial officer—the Judicial Declaration; or
    • (ii) an office-holder other than a judicial officer—the Declaration of Office.

250. Making of Declaration of Loyalty, etc.

  • (1) Subject to any provision of a Constitutional Law making special provision for the purpose, the Oath of Allegiance, the Declaration of Loyalty, the Judicial Declaration or the Declaration of Office (or any other oath, affirmation or declaration that is required or permitted to be taken or made by or for the purposes of a Constitutional Law) may be taken or made before any person appointed for the purpose by or under an Act of the Parliament, or in the absence of any such Act, before a person appointed for the purpose by the Head of State, acting with, and in accordance with, the advice of the National Executive Council.
  • (2) Notwithstanding the provisions of Subsection (1), an oath, affirmation or declaration referred to in that subsection is binding and effectual no matter before whom it is taken or made.

251. Taking certain oaths, etc., by non-citizens.

  • (1) If—
    • (a) it is desirable that a non-citizen be appointed to an office under a statute; and
    • (b) it is a requirement that in order to be qualified for appointment, or to enter upon the duties or exercise the powers of the office, a person must take the Oath of Allegiance or make the Declaration of Loyalty, or take or make some oath, affirmation or declaration; and
    • (c) the National Executive Council is satisfied that, by reason of the law of some other country, to take the Oath of Allegiance or make the Declaration of Loyalty, or to take or make the other oath, affirmation or declaration, in the prescribed manner or form would or might adversely affect the nationality or citizenship status of the person concerned,
  • the Head of State, acting with, and in accordance with, the advice of the National Executive Council, may, by order, substitute some oath, affirmation or declaration or, if thought necessary, exempt the person from the requirement.
  • (2) Notwithstanding Subsection (1), the non-citizen is subject to all laws as if he had made the Declaration of Loyalty, or had taken or made the other oath, affirmation or declaration, as the case may be.
  • (3) Nothing in Subsection (1) applies to or in respect of the Judicial Declaration.

252. The National Gazette.

There shall be an official journal of the National Government, which shall be known as the National Gazette or by such other name as is given by or under an Act of the Parliament.

253. Slavery, etc.

Slavery, and the slave trade in all their forms, and all similar institutions and practices, are strictly prohibited.

254. Filling of offices, etc.

In principle—

  • (a) no constitutional office shall be left unfilled on a substantive basis for longer than is necessary for it to be filled by an appropriate appointee; and
  • (b) no person shall hold more than one public office at the same time except where one such office is so much associated with, or related to, another, or where the holding of one such office is so relevant to the holding of another, as to make it desirable that the offices be held jointly; and
  • (c) public offices of similar importance or standing, and in particular offices in any statutory board or committee, should be filled by persons from the various areas of the country.

255. Consultation.

In principle, where a law provides for consultation between persons or bodies, or persons and bodies, the consultation must be meaningful and allow for a genuine interchange and consideration of views.

256. Reports by public office-holders, etc.

Subject to this Constitution, an Act of the Parliament may make provision for and in respect of annual and other reports by a constitutional office-holder or any other public office-holder, or by a constitutional institution or any other statutory body.

257. Proof of acts of the Constituent Assembly.

  • (1) All courts, Judges and persons acting judicially shall take judicial notice of all acts and proceedings of the Constituent Assembly.
  • (2) An act of, or the proceedings of, the Constituent Assembly may be proved for any purpose by the production of—
    • (a) a certificate under the hand, or purporting to be under the hand, of the Speaker of the pre-Independence House of Assembly; or
    • (b) a document under the hand, or purporting to be under the hand, of the Clerk or other proper officer of the pre-Independence House of Assembly and purporting to be the minutes or other official record of the proceedings of the Constituent Assembly.

258. Constitutional Regulations.

  • (1) The Head of State, acting with, and in accordance with, the advice of the National Executive Council, may make regulations, not inconsistent with a Constitutional Law or an Act of the Parliament, prescribing all matters that by a Constitutional Law are required or permitted to be prescribed or provided for by Constitutional Regulation.
  • (2) All Constitutional Regulations shall be tabled in the Parliament as soon as practicable after being made, and may be disallowed by the Parliament at any time.

259. Independent tribunals.

Unless otherwise provided for by a Constitutional Law, in any case where a Constitutional Law requires the appointment of an independent tribunal, the members of that tribunal shall be appointed from a list of names approved by the Judicial and Legal Services Commission.

Notes to amendments[edit]

footnotes to amendments:

References[edit]