When an organization is at the dissolution stage of organizational decline?
WE, THE PEOPLE, do now establish this sovereign nation and declare ourselves, under the guiding hand of God, to be the Independent State of Papua New Guinea. Show AND WE ASSERT, by virtue of that authority · that all power belongs to the people—acting through their duly elected representatives WE DO NOW THEREFORE DECLARE that we, having resolved to enact a Constitution for the Independent State of Papua New Guinea AND ACTING through our Constituent Assembly on 15 August 1975 HEREBY ESTABLISH, ADOPT and GIVE TO OURSELVES this Constitution to come into effect on Independence Day, that is 16 September 1975. IN SO DOING WE, THE PEOPLE OF PAPUA NEW GUINEA, SET BEFORE OURSELVES THESE NATIONAL GOALS AND DIRECTIVE PRINCIPLES THAT UNDERLIE OUR CONSTITUTION:— WE HEREBY PROCLAIM the following aims as our National Goals, and direct all persons and bodies, corporate and unincorporate, to be guided by these our declared Directives in pursuing and achieving our aims:— 1. Integral human development. We declare our first goal to be for every person to be dynamically involved in the process of freeing himself or herself from every form of domination or oppression so that each man or woman will have the opportunity to develop as a whole person in relationship with others. WE ACCORDINGLY CALL FOR— (1) everyone to be involved in our endeavours to achieve integral human development of the whole person for every person and to seek fulfilment through his or her contribution to the common good; and 2. Equality and participation. We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country. WE ACCORDINGLY CALL FOR— (1) an equal opportunity for every citizen to take part in the political, economic, social, religious and cultural life of the country; and 3. National sovereignty and self-reliance. We declare our third goal to be for Papua New Guinea to be politically and economically independent, and our economy basically self-reliant. WE ACCORDINGLY CALL FOR— (1) our leaders to be committed to these National Goals and Directive Principles, to ensure that their freedom to make decisions is not restricted by obligations to or relationship with others, and to make all of their decisions in the national interest; and 4. Natural resources and environment. We declare our fourth goal to be for Papua New Guinea's natural resources and environment to be conserved and used for the collective benefit of us all, and be replenished for the benefit of future generations. WE ACCORDINGLY CALL FOR— (1) wise use to be made of our natural resources and the environment in and on the land or seabed, in the sea, under the land, and in the air, in the interests of our development and in trust for future generations; and 5. Papua New Guinean ways. We declare our fifth goal to be to achieve development primarily through the use of Papua New Guinean forms of social, political and economic organization. WE ACCORDINGLY CALL FOR— (1) a fundamental re-orientation of our attitudes and the institutions of government, commerce, education and religion towards Papua New Guinean forms of participation, consultation, and consensus, and a continuous renewal of the responsiveness of these institutions to the needs and attitudes of the People; and Basic Rights. WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on non-citizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:— Basic Social Obligations. WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:— IN ADDITION, WE HEREBY DECLARE that all citizens have an obligation to themselves and their descendants, to each other and to the Nation to use profits from economic activities in the advancement of our country and our people, and that the law may impose a similar obligation on non-citizens carrying on economic activities in or from our country. -------------------------------------------- PART I.—INTRODUCTORY.
(1) Papua New Guinea is a sovereign, independent State by the name of the Independent State of Papua New Guinea. 2. The area of Papua New Guinea. (1) The area of Papua New Guinea consists of the area that, immediately before Independence Day, constituted what was then known as Papua New Guinea, together with all internal waters and the territorial sea and underlying lands, and, subject to disclaimer by resolution of the Parliament at or before the end of its next meeting, includes such neighbouring waters and such lands underlying any such waters, and such additional lands and waters, as are declared by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, to be part of that area. 3. National symbols. (1) Acts of the Parliament may make provision for and in respect of— 4. National Capital District. (1) There shall be a National Capital District. 5. Provinces. (1) An Organic Law may declare, or make provision in respect of the declaration of, part of the country as provinces. 6. Declaration of Loyalty. Where a law requires a Declaration of Loyalty to be made, it shall be made in the following form:— "I,..., realizing fully the responsibilities to which I am committing myself and the consequences of not living up to this Declaration and those responsibilities, freely and willingly declare my loyalty to the Independent State of Papua New Guinea and its People and to the Constitution of Papua New Guinea adopted by the Constituent Assembly on 15 August 1975, as altered from time to time in accordance with its provisions, and promise that I will uphold the Constitution and the laws of Papua New Guinea.". 7. Oath of Allegiance. Where a law requires an Oath of Allegiance or Affirmation of Allegiance to be made, it shall be made in the following form:— "Oath of Allegiance. Division 2.—Interpretation.
For the purpose of the interpretation of this Constitution and the Organic Laws, the provisions of Schedule 1 (Rules for Shortening and Interpretation of the Constitutional Laws) applies and, subject to that Schedule, the underlying law applies. PART II.—THE NATIONAL LEGAL SYSTEM.
The laws of Papua New Guinea consist of— 10. Construction of written laws. All written laws (other than this Constitution) shall be read and construed subject to— Division 2.—Constitutional Laws.
(1) This Constitution and the Organic Laws are the Supreme Law of Papua New Guinea, and, subject to Section 10 (construction of written laws) all acts (whether legislative, executive or judicial) that are inconsistent with them are, to the extent of the inconsistency, invalid and ineffective. 12. Organic Laws. (1) For the purposes of this Constitution, an Organic Law is a law made by the Parliament that is— Subdivision B.—Constitutional Alteration and Organic Laws.
This Constitution may be altered only by law made by the Parliament that— 14. Making of alterations to the Constitution and Organic Laws. (1) Subject to Sections 12(3) (Organic Laws) and 15 (urgent alterations), a proposed law to alter this Constitution, or a proposed Organic Law, must be supported on a division in accordance with the Standing Orders of the Parliament by the prescribed majority of votes determined in accordance with Section 17 ("prescribed majority of votes") expressed on at least two occasions after opportunity for debate on the merits. 15. Urgent alterations. (1) The provisions of this section cease to have effect at the first moment of the fourth anniversary of Independence Day. 16. Indirect alterations. (1) No Constitutional Law takes effect so as to affect the operation of any provision of such a law in force immediately before the commencement of the first-mentioned law unless it was made in the manner and form required for the alteration of that provision. 17. "Prescribed majority of votes". (1) Subject to this section, in relation to a proposed law to alter any provision of this Constitution the prescribed majority of votes for the purposes of Section 14 (making of alterations to the Constitution and Organic Laws) is the majority of votes prescribed by this Constitution in relation to that provision, or if no majority is prescribed a two-thirds absolute majority vote. Subdivision C.—Constitutional Interpretation.
(1) Subject to this Constitution, the Supreme Court has original jurisdiction, to the exclusion of other courts, as to any question relating to the interpretation or application of any provision of a Constitutional Law. 19. Special references to the Supreme Court. (1) Subject to Subsection (4), the Supreme Court shall, on application by an authority referred to in Subsection (3), give its opinion on any question relating to the interpretation or application of any provision of a Constitutional Law, including (but without limiting the generality of that expression) any question as to the validity of a law or proposed law. Division 3.—Adoption, Reception and Development of Certain Laws.
(1) An Act of Parliament shall— 21. Purpose of Schedule 2. (1) The purpose of Schedule 2 (adoption, etc., of certain laws) and of the Act of the Parliament referred to in Section 20 (underlying law and pre-Independence statutes) is to assist in the development of our indigenous jurisprudence, adapted to the changing circumstances of Papua New Guinea. Division 4.—General.
The provisions of this Constitution that recognize rights of individuals (including corporations and associations) as well as those that confer powers or impose duties on public authorities, shall not be left without effect because of the lack of supporting, machinery or procedural laws, but the lack shall, as far as practicable, be supplied by the National Court in the light of the National Goals and Directive Principles, and by way of analogy from other laws, general principles of justice and generally-accepted doctrine. 23. Sanctions. (1) Where any provision of a Constitutional Law prohibits or restricts an act, or imposes a duty, then unless a Constitutional Law or an Act of the Parliament provides for the enforcement of that provision the National Court may— 24. Use of certain materials as aids to interpretation. (1) The official records of debates and of votes and proceedings— PART III.—BASIC PRINCIPLES OF GOVERNMENT.
(1) Except to the extent provided in Subsections (3) and (4), the National Goals and Directive Principles are non-justiciable. Division 2.—Leadership Code.
(1) The provisions of this Division apply to and in relation to— (d) members of Provincial Assemblies and Local-level Governments; and 27. Responsibilities of office. (1) A person to whom this Division applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his associations with other persons, as not— 28. Further provisions. (1) For the purposes of this Division, an Organic Law— 29. Prosecution of misconduct in office. (1) Where the Ombudsman Commission or other authority referred to in Section 28(1)(f) (further provisions) is satisfied that there is a prima facie case that a person has been guilty of misconduct in office, it shall refer the matter to the Public Prosecutor for prosecution before a tribunal established under Section 28(1)(g) (further provisions). 30. Other authority. Where another authority is prescribed under Section 28 (further provisions) that authority— 31. Disqualifications on dismissal. (1) A person who has been dismissed from office under this Division for misconduct in office is not eligible— Division 3.—Basic Rights.
(1) Freedom based on law consists in the least amount of restriction on the activities of individuals that is consistent with the maintenance and development of Papua New Guinea and of society in accordance with this Constitution and, in particular, with the National Goals and Directive Principles and the Basic Social Obligations. 33. Other rights and freedoms, etc. Nothing in this Division derogates the rights and freedoms of the individual under any other law and, in particular, an Organic Law or an Act of the Parliament may provide further guarantees of rights and freedoms and may further restrict the limitations that may be placed on, or on the exercise of, any right to freedom (including the limitations that may be imposed under Section 38 (general qualifications on qualified rights)). 34. Application of Division 3. Subject to this Constitution, each provision of this Division applies, as far as may be— 35. Right to life. (1) No person shall be deprived of his life intentionally except— 36. Freedom from inhuman treatment. (1) No person shall be submitted to torture (whether physical or mental), or to treatment or punishment that is cruel or otherwise inhuman, or is inconsistent with respect for the inherent dignity of the human person. 37. Protection of the law. (1) Every person has the right to the full protection of the law, and the succeeding provisions of this section are intended to ensure that that right is fully available, especially to persons in custody or charged with offences. Subdivision C.—Qualified Rights.
38. General qualifications on qualified rights. 39. "Reasonably justifiable in a democratic society", etc. (1) The question, whether a law or act is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is to be determined in the light of the circumstances obtaining at the time when the decision on the question is made. 40. Validity of emergency laws. Nothing in this Part invalidates an emergency law as defined in Part X (emergency powers), but nevertheless so far as is consistent with their purposes and terms all such laws shall be interpreted and applied so as not to affect or derogate a right or freedom referred to in this Division to an extent that is more than is reasonably necessary to deal with the emergency concerned and matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. 41. Proscribed acts. (1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case— Rights of All Persons. 42. Liberty of the person. (1) No person shall be deprived of his personal liberty except— 43. Freedom from forced labour. (1) No person shall be required to perform forced labour. 44. Freedom from arbitrary search and entry. No person shall be subjected to the search of his person or property or to entry of his premises, except to the extent that the exercise of that right is regulated or restricted by a law— 45. Freedom of conscience, thought and religion. (1) Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38 (general qualifications on qualified rights). 46. Freedom of expression. (1) Every person has the right to freedom of expression and publication, except to the extent that the exercise of that right is regulated or restricted by a law— 47. Freedom of assembly and association. Every person has the right peacefully to assemble and associate and to form or belong to, or not to belong to, political parties, industrial organizations or other associations, except to the extent that the exercise of that right is regulated or restricted by a law— 48. Freedom of employment. (1) Every person has the right to freedom of choice of employment in any calling for which he has the qualifications (if any) lawfully required, except to the extent that that freedom is regulated or restricted voluntarily or by a law that complies with Section 38 (general qualifications on qualified rights), or a law that imposes restrictions on non-citizens. 49. Right to privacy. Every person has the right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38 (general qualifications on qualified rights). 50. Right to vote and stand for public office. (1) Subject to the express limitations imposed by this Constitution, every citizen who is of full capacity and has reached voting age, other than a person who— 51. Right to freedom of information. (1) Every citizen has the right of reasonable access to official documents, subject only to the need for such secrecy as is reasonably justifiable in a democratic society in respect of— 52. Right to freedom of movement. (1) Subject to Subsection (3), no citizen may be deprived of the right to move freely throughout the country, to reside in any part of the country and to enter and leave the country, except in consequence of a law that provides for deprivation of personal liberty in accordance with Section 42 (liberty of the person). 53. Protection from unjust deprivation of property. (1) Subject to Section 54 (special provision in relation to certain lands) and except as permitted by this section, possession may not be compulsorily taken of any property, and no interest in or right over property may be compulsorily acquired, except in accordance with an Organic Law or an Act of the Parliament, and unless— 54. Special provision in relation to certain lands. Nothing in Section 37 (protection of the law) or 53 (protection from unjust deprivation of property) invalidates a law that is reasonably justifiable in a democratic society that has a proper regard for human rights and that provides— 55. Equality of citizens. (1) Subject to this Constitution, all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex. 56. Other rights and privileges of citizens. (1) Only citizens may— Subdivision D.—Enforcement.
(1) A right or freedom referred to in this Division shall be protected by, and is enforceable in, the Supreme Court or the National Court or any other court prescribed for the purpose by an Act of the Parliament, either on its own initiative or on application by any person who has an interest in its protection and enforcement, or in the case of a person who is, in the opinion of the court, unable fully and freely to exercise his rights under this section by a person acting on his behalf, whether or not by his authority. 58. Compensation. (1) This section is in addition to, and not in derogation of, Section 57 (enforcement of guaranteed rights and freedoms). Division 4.—Principles of Natural Justice.
(1) Subject to this Constitution and to any statute, the principles of natural justice are the rules of the underlying law known by that name developed for control of judicial and administrative proceedings. 60. Development of principles. In the development of the rules of the underlying law in accordance with Schedule 2 (adoption, etc., of certain laws) particular attention shall be given to the development of a system of principles of natural justice and of administrative law specifically designed for Papua New Guinea, taking special account of the National Goals and Directive Principles and of the Basic Social Obligations, and also of typically Papua New Guinean procedures and forms of organization. 61. Basic rights and freedoms. For the avoidance of doubt, it is hereby declared that nothing in the preceding provisions of this Division derogates any of the rights and freedoms provided for by Division 3 (basic rights). 62. Decisions in "deliberate judgement". (1) Where a law provides or allows for an act to be done in the "deliberate judgement" of a person, body or authority, the principles of natural justice apply only to the extent that the exercise of judgement must not be biased, arbitrary or capricious. Division 5.—Basic Social Obligations.
(1) Except to the extent provided in Subsections (3) and (4), the Basic Social Obligations are non-justiciable. PART IV.—CITIZENSHIP.
(1) Notwithstanding the succeeding provisions of this Part but subject to Subsection (2), no person who has a real foreign citizenship may be or become a citizen, and the provisions of this Part shall be read subject to that prohibition. 68. Special provisions relating to naturalization. (1) A person who is eligible to become a citizen under Section 67(1) (citizenship by naturalization) and holds an executive office by virtue of being a member of an elective body shall cease to hold that office at the expiration of a period of two months after Independence Day unless within that time he makes application under that section to be naturalized and that application is granted. 69. Application for naturalization. (1) Subject to Subsection (2), an application for naturalization under Section 67 (citizenship by naturalization) must be made— Division 3.—Loss and Regaining of Citizenship.
71. Acts done under compulsion of law. The preceding provisions of this Division do not apply to any act done under compulsion of law of another country. 72. Renunciation of citizenship. (1) Subject to Subsections (2) and (3), a citizen who has reached voting age and is of full capacity may renounce his citizenship in such manner and on such conditions as are prescribed by or under an Act of the Parliament. 73. Regaining citizenship. (1) Subject to Subsection (2), citizenship once lost can be regained— 74. Loss and regaining of citizenship by certain children. (1) Where— Division 4.—Citizenship Advisory Committee.
(1) An Act of the Parliament shall make provision for a Citizenship Advisory Committee, all of the members of which must be citizens (other than naturalized citizens). 76. Functions of the Committee. (1) Before taking any action under this Part in relation to a person, the Minister responsible for citizenship matters shall refer the matter to the Citizenship Advisory Committee and receive its advice. Division 5.—General.
(1) A foundling discovered at any time in the country shall, in the absence of proof to the contrary, be deemed to be the child of parents at least one of whom was, or if he had survived would have been, a citizen. 78. Effect of adoption. (1) Where the citizenship status or entitlement of a person is to be determined by reference to a parent or grand-parent and the person, or a parent of the person, was adopted under a law at any time in force in the country or any other place, the status or entitlement shall be determined by reference to the natural parents or grand-parents, except that the Minister responsible for citizenship matters may, in his deliberate judgement (but subject to Division 4 (Citizenship Advisory Committee)), allow an adoptive parent or grand-parent to be taken into account where the result would be to recognize citizenship or the entitlement to citizenship. 79. Place of birth of certain persons. For the purposes of this Part— 80. "Residence". Subject to any Act of the Parliament, a requirement in this Part of a period of residence in a place is not satisfied by— 81. Certificate as to citizenship. (1) A person whose status or entitlement in relation to Citizenship of Papua New Guinea is, or may be, in doubt may apply to the Minister responsible for citizenship matters for a certificate under this section. PART V.—THE HEAD OF STATE.
(1) Her Majesty the Queen— 83. Queen's successors. The provisions of this Constitution referring to the Queen extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom of Great Britain and Northern Ireland. 84. Precedence. The Head of State takes precedence in rank over all other persons in Papua New Guinea, and the Governor-General takes precedence in rank immediately after the Head of State. 85. Royal Style and Titles. The Style and Titles of the Head of State are as determined by Act of the Parliament, and until such an Act is made are— Division 2.—Functions, etc., of the Head of State.
(1) The privileges, powers, functions, duties and responsibilities of the Head of State are as prescribed by or under Constitutional Laws and Acts of the Parliament. Division 3.—Appointment, etc., of Governor-General.
(1) The Governor-General must be a citizen who— 88. Appointment to office. (1) Except in the case of the first Governor-General appointed before Independence Day the Governor-General shall be appointed by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given in accordance with a decision of the Parliament. 89. Assumption of office. Notwithstanding Section 90 (Declaration of Loyalty, etc.) for the purposes of this Constitution a person appointed as Governor-General takes office— 90. Declaration of Loyalty, etc. (1) Before entering upon the duties of his office, a Governor-General shall take the Oath of Allegiance and make the Declaration of Loyalty and the Declaration of Office before the Chief Justice and in the presence of the Parliament, but during a period of declared national emergency they may be taken and made in such manner as is directed by the National Executive Council. 91. Normal term of office. Unless he earlier dies, resigns, ceases to be qualified for office in accordance with Section 87 (qualifications for appointment), is dismissed under Section 90 (Declaration of Loyalty, etc.), or 93(1) (dismissal and removal from office), or is removed from office under Section 93(2) (dismissal and removal from office), the Governor-General holds office for a term of six years from the date of his assumption of office in accordance with Section 89 (assumption of office), plus any period that is required, in accordance with Section 88(5) (appointment to office), for the appointment of the next Governor-General. 92. Resignation. (1) The Governor-General may resign from office by notice in writing to the Head of State. 93. Dismissal and removal from office. (1) The Governor-General may be dismissed from office by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given in accordance with either— 94. Suspension from office. (1) The Governor-General may be suspended from office— 95. Acting Governor-General. (1) In this section, a reference to the Speaker or to the Chief Justice shall be read as a reference to the substantive holder of that office. 96. Terms and conditions of employment. (1) Subject to this Constitution, the terms and conditions of employment of the Governor-General are as determined by or under an Organic Law. Division 4.—General.
98. Acts, etc., of the Head of State. Unless the contrary intention appears, any act by the Head of State takes effect when it is formally advised to the Prime Minister or the National Executive Council. PART VI.—THE NATIONAL GOVERNMENT.
(1) Subject to and in accordance with this Constitution, the power, authority and jurisdiction of the People shall be exercised by the National Government. Division 2.—The National Parliament.
(1) Subject to this Constitution, the legislative power of the People is vested in the National Parliament. Subdivision B.—Composition of the National Parliament.
(1) Subject to this section, the Parliament is a single-chamber legislature, consisting of— 102. Nominated members. The Parliament may, from time to time, by a two-thirds absolute majority vote, appoint a person (other than a member) to be a nominated member of the Parliament. 103. Qualifications for and disqualifications from membership. (1) A member of the Parliament must be not less than 25 years of age. 104. Normal term of office. (1) An elected member of the Parliament takes office on the day immediately following the day fixed for the return of the writ for the election in his electorate. 105. General elections. (1) A general election to the Parliament shall be held— 106. By-elections. If the office of an elected member of the Parliament becomes vacant otherwise than by virtue of Section 104(2)(b) (normal term of office), an election shall be held to fill the vacancy unless the vacancy occurs— Subdivision C.—The Speaker and the Deputy Speaker.
(1) There shall be offices of Speaker and Deputy Speaker of the National Parliament. 108. Functions of the Speaker and Deputy Speaker. (1) The Speaker is responsible, subject to and in accordance with the Constitutional Laws, the Acts of the Parliament and the Standing Orders of the Parliament, for upholding the dignity of the Parliament, maintaining order in it, regulating its proceedings and administering its affairs, and for controlling the precincts of the Parliament as defined by or under an Act of the Parliament. 109. General power of law-making. (1) Subject to this Constitution, the Parliament may make laws, having effect within and outside the country, for the peace, order and good government of Papua New Guinea and the welfare of the People. 110. Certification as to making of laws. (1) Subject to Section 137(3) (Acts of Indemnity) and to any Act of the Parliament made for the purposes of Subsection (3), the Speaker shall certify under the National Seal, in accordance with the Standing Orders of the Parliament, that a law has been made by the Parliament and, subject to Subsection (2), the law comes into operation on the date of the certificate. 111. Right to introduce bills, etc. (1) Subject to Section 210 (executive initiative) and to an Organic Law made for the purposes of Subdivision VI.2.H (Protection of Elections from Outside or Hidden Influence and Strengthening of Political Parties), any member of the Parliament is entitled to introduce into the Parliament, in accordance with, and subject to any reasonable restrictions contained in, the Standing Orders of the Parliament, a petition, question, bill, resolution or motion. 112. Presiding in the Parliament. (1) Subject to Subdivision C (the Speaker and the Deputy Speaker) and to Subsection (2), the Standing Orders of the Parliament shall make provision in respect of the chairmanship of the Parliament and of Committees of the Whole. 113. Quorum. (1) The quorum for a sitting of the Parliament is one-third of the number of seats in the Parliament at the time. 114. Voting in the Parliament. (1) Subject to Subsection (5) and except as otherwise provided by a Constitutional Law or the Standing Orders of the Parliament, all questions before a meeting of the Parliament shall be decided in accordance with the majority of votes of the members present and voting. 115. Parliamentary privileges, etc. (1) The powers (other than legislative powers), privileges and immunities of the Parliament and of its members and committees are as prescribed by or under this section and by any other provision of this Constitution. 116. Disallowance of subordinate laws. (1) All subordinate legislative enactments made under an Act of the Parliament— 117. Treaties, etc. (1) In this section, unless the contrary intention appears— Subdivision E.—The Committee System.
(1) In order to ensure full and active participation by backbenchers in the work of the Parliament and of government, there shall be the following Permanent Parliamentary Committees which, in principle, should cover all major fields of the activities of the National Government:— 119. Chairmen and Deputy Chairmen. (1) There shall be a Chairman and a Deputy Chairman of each Permanent Parliamentary Committee. 120. Roles of Chairmen and Deputy Chairmen of Permanent Parliamentary Committees. (1) The Chairman and Deputy Chairman of each Permanent Parliamentary Committee shall be granted full access to each Minister having responsibilities relevant to the jurisdiction and functions of his Committee and, by arrangement with the Minister, to the head of the Minister's department, and are entitled to be briefed and consulted on major policy issues. 121. Sessional Committees, Select Committees, etc. Nothing in this Subdivision prevents the Parliament from establishing Sessional or Select Committees or other committees for any purpose, or prevents the Parliament from sitting as a Committee of the Whole. 122. Arrangement of Parliamentary business in relation to Committees. The business of the Parliament shall be so arranged as to allow reasonable time for committees of the Parliament to perform their functions adequately, and the Standing Orders of the Parliament shall make provision to ensure that such time is allowed either within or outside the sitting hours of the Parliament. Subdivision F.—Calling, etc., of the Parliament.
(1) The Parliament shall be called to meet not more than seven days after the day fixed for the return of the writs for a general election, and shall meet not less frequently than three times in each period of 12 months, and, in principle, for not less than nine weeks in each such period. Subdivision G.—Electorates and Elections.
(1) The number of open electorates and of provincial electorates and their boundaries shall be determined by the Parliament in accordance with recommendations from a Boundaries Commission from time to time, at intervals determined by or under an Organic Law, being intervals of not more than 10 years. 126. Elections. (1) Elections to the Parliament shall be conducted, in accordance with an Organic Law, by an Electoral Commission. Subdivision H.—Protection of Elections from Outside or Hidden Influence
The purposes of this Subdivision are— 128. "Registered political party". In this Subdivision, "registered political party" means a political party or organization registered under an Organic Law made for the purpose of Section 129(1)(a) (integrity of political parties). 129. Integrity of political parties. (1) An Organic Law shall make provision— 130. Integrity of candidates. (1) An Organic Law shall make provision— 130A. Provisions relating to political parties. An Organic Law made for the purposes of this Subdivision may— Subdivision I.—General.
(1) An Act of the Parliament shall make provision for and in respect of a Parliamentary Service, separate from the other State Services. 133. Standing Orders. The Parliament may make Standing Orders and other rules and orders in respect of the order and conduct of its business and proceedings and the business and proceedings of its committees, and of such other matters as by law are required or permitted to be prescribed or provided for by the Standing Orders of the Parliament. 134. Proceedings non-justiciable. Except as is specifically provided by a Constitutional Law, the question, whether the procedures prescribed for the Parliament or its committees have been complied with, is non-justiciable, and a certificate by the Speaker under Section 110 (certification as to making of laws) is conclusive as to the matters required to be set out in it. 135. Questions as to membership, etc. The National Court has jurisdiction to determine any question as to— 136. Validation of Acts of the Parliament. Where a person who has purported to sit or vote as a member of the Parliament at a meeting of the Parliament or of a committee of the Parliament— Division 3.—Special Instances of the Legislative Power.
(1) If— Division 4.—The National Executive.
Subject to this Constitution, the executive power of the People is vested in the Head of State, to be exercised in accordance with Division V.2 (functions, etc., of the Head of State). 139. The National Executive. The National Executive consists of— 140. Conferring of powers, etc., outside the National Executive. Subdivision B.—The Ministry.
The Ministry is a Parliamentary Executive, and therefore— 142. The Prime Minister. (1) An office of Prime Minister is hereby established. 143. Acting Prime Minister. (1) Subject to Subsection (2) an Act of the Parliament shall make provision for and in respect of the appointment of a Minister to be Acting Prime Minister to exercise and perform the powers, functions, duties and responsibilities of the Prime Minister when— 144. Other Ministers. (1) There shall be such number of Ministers (other than the Prime Minister), not being less than six or more than one quarter of the number of members of the Parliament from time to time, as is determined by or under an Organic Law. 145. Motions of no confidence. (1) For the purposes of Sections 142 (the Prime Minister) and 144 (other Ministers), a motion of no confidence is a motion— 147. Normal term of office. (1) Unless he earlier— 148. Functions, etc., of Ministers. (1) Ministers (including the Prime Minister) have such titles, portfolios and responsibilities as are determined from time to time by the Prime Minister. Subdivision C.—The National Executive Council.
(1) A National Executive Council is hereby established. 150. The Secretary to the National Executive Council. (1) An office of Secretary to the National Executive Council is hereby established. Subdivision D.—The Power of Mercy.
(1) Subject to this Subdivision, the Head of State, acting with, and in accordance with, the advice of the National Executive Council, may grant to a person convicted of an offence or held in penal detention under a law of Papua New Guinea— 152. Advisory Committee on the Power of Mercy. (1) An Organic Law shall make provision for and in respect of an Advisory Committee on the Power of Mercy, and for and in respect of its appointment, constitution, powers and procedures. Subdivision E.—General.
(1) Subsections (2), (3) and (4) are subject to any Constitutional Law or Act of the Parliament. Division 5.—The Administration of Justice.
The National Justice Administration consists of— 155. The National Judicial System. (1) The National Judicial System consists of— 156. The Law Officers. (1) The Law Officers of Papua New Guinea are— 157. Independence of the National Judicial System. Except to the extent that this Constitution specifically provides otherwise, neither the Minister responsible for the National Justice Administration nor any other person or authority (other than the Parliament through legislation) outside the National Judicial System has any power to give directions to any court, or to a member of any court, within that System in respect of the exercise of judicial powers or functions. Subdivision B.—The Judicial Power.
(1) Subject to this Constitution, the judicial authority of the People is vested in the National Judicial System. 159. Tribunals, etc., outside the National Judicial System. (1) Subject to Subsection (3), nothing in this Constitution prevents an Organic Law or a statute from conferring judicial authority on a person or body outside the National Judicial System, or the establishment by or in accordance with law, or by consent of the parties, of arbitral or conciliatory tribunals, whether ad hoc or other, outside the National Judicial System. Subdivision C.—The Supreme Court of Justice.
(1) A Supreme Court of Justice is hereby established. 161. Composition of the Supreme Court. (1) The Supreme Court shall consist of the Chief Justice, the Deputy Chief Justice and the other Judges of the National Court (excluding the acting Judges). 162. Jurisdiction of the Supreme Court. (1) The jurisdiction of the Supreme Court is as set out in— 163. Establishment of the National Court. (1) A National Court of Justice is hereby established. 164. Composition of the National Court. The National Court shall consist of— 165. Acting Judges. (1) A person who is qualified under Section 168 (qualifications) for appointment may be appointed to be an acting Judge of the National Court— 166. Jurisdiction of the National Court. (1) Subject to this Constitution, the National Court is a court of unlimited jurisdiction. 167. Assistant Judges. Subject to this section, an Act of the Parliament may make provision for and in respect of the appointment of Assistant Judges of the National Court, and for and in respect of their qualifications, privileges, powers, functions, duties and responsibilities, and of their terms and conditions of employment. Subdivision E.—Appointment, etc., of Judges.
The qualifications for appointment as a Judge are as determined by or under an Act of the Parliament. 169. Appointment, etc., of the Chief Justice. (1) An office of Chief Justice of Papua New Guinea is hereby established. 170. Appointment of other Judges. (1) An office of Deputy Chief Justice of Papua New Guinea is hereby established. 171. Seniority of Judges. (1) Subject to Subsection (2), the Chief Justice is the most senior Judge, the Deputy Chief Justice is the second senior Judge and the other Judges (other than acting Judges) have seniority according to the dates of their respective appointments, unless otherwise stated in an instrument of appointment. Subdivision F.—Inferior Courts, the Magisterial Service, etc.
(1) Subject to this Constitution, Acts of the Parliament may establish, or provide for the establishment of, courts within the National Judicial System in addition to the Supreme Court and the National Court, and may define, or provide for the definition of, their respective powers, functions and jurisdictions and their relationship with other components of the National Judicial System. 173. Establishment of the Magisterial Service. (1) A service to be known as the Magisterial Service is hereby established. 174. Magistrates, etc., outside the Magisterial Service. (1) Unless and except to the extent that an Act of the Parliament makes provision to the contrary, members of village courts are not, as such, members of the Magisterial Service. 175. The Chief Magistrate. (1) An office of Chief Magistrate is hereby established. Subdivision G.—The Public Prosecutor and the Public Solicitor.
(1) Offices of Public Prosecutor and Public Solicitor are hereby established. 177. Functions of the Public Prosecutor and the Public Solicitor. (1) The functions of the Public Prosecutor are— Subdivision H.—Removal from Office of Senior Judicial and Legal Office-holders.
A Judge, the Public Prosecutor, the Public Solicitor or the Chief Magistrate may, during his term of office, be removed from office only— 179. Removal from office of Chief Justice. (1) If the National Executive Council is satisfied that the question of the removal from office of the Chief Justice should be investigated, the Head of State, acting with, and in accordance with, the advice of the National Executive Council, may— 180. Removal from office of other Judges, etc. (1) If the Judicial and Legal Services Commission is satisfied that the question of the removal from office of a Judge (other than the Chief Justice), the Public Prosecutor, the Public Solicitor or the Chief Magistrate should be investigated, it may— 181. Constitution, etc., of tribunals. (1) A tribunal for the purposes of Section 179 (removal from office of Chief Justice) or 180 (removal from office of other Judges, etc.) shall consist of a Chairman and two other members, each of whom must be— 182. Suspension. (1) Where a question has been referred to a tribunal under this Subdivision— Subdivision I.—The Judicial and Legal Services Commission.
(1) A Judicial and Legal Services Commission is hereby established. Subdivision J.—Miscellaneous. 184. Rules of court. (1) The Judges of the Supreme Court or of the National Court may make rules of court, not inconsistent with a Constitutional Law or an Act of the Parliament, with respect to the practice and procedure in and in relation to the Supreme Court or the National Court, as the case may be. 185. Lack of procedural provision. If in the circumstances of a particular case before a court no provision, or no adequate provision, is made in respect of a matter of practice or procedure, the court shall give ad hoc directions to remedy the lack or inadequacy. 186. Juries and assessors. Nothing in this Division prevents the establishment, by or under an Act of the Parliament, of a system of juries or assessors. 187. Reports by Judges. (1) The Judges shall, at least once in each period of 12 months, at such times as are fixed by or under an Act of the Parliament or, subject to any such Act, by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, give to the Head of State, for presentation to the Parliament, a report on the work of the National Judicial System, with such recommendations as to improvement as they think proper. 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. (1) Subject to any Constitutional Law, the application by its own force of an Act of the Parliament is not affected by a provincial law or a local-level law. 187E. Suspension of Provincial Governments and Local-level Governments. (1) Where a Provincial Government or a Local-level Government undermines or attempts to undermine the authority of the National Parliament or the national unity, the National Executive Council may provisionally suspend the Provincial Government or the Local-level Government concerned subject to confirmation by an absolute majority vote of the Parliament. 187F. Re-establishment of Provincial Governments and Local-level Governments. (1) Subject to Subsections (2) and (3), if a Provincial Government or a Local-level Government is suspended, arrangements shall be made to re-establish it within nine months from the effective date of suspension. 187G. Gradations of Provincial Governments and Local-level Governments. Nothing in any law is inconsistent with this Part so far as it provides for the full status, powers or functions of Provincial Governments and Local-level Governments to be acquired by a Provincial Government and a Local-level Government in stages, or provides for a gradation of Provincial Governments and Local-level Governments or provides for Interim Provincial Governments. 187H. National Economic and Fiscal Commission. (1) An Organic Law shall make provision for and in respect of a National Economic and Fiscal Commission. 187I. Local and village governments. (1) Until an Organic Law makes provision for government at the local level, and such provision is implemented in accordance with the Organic Law the Local Government Act (Chapter 57), as in force from time to time, continues to apply in respect of such government in the province. 187J. Reports on Provincial Governments and Local-level Governments. The Minister responsible for provincial government and local-level government matters shall, at least once in each period of 12 months, at such times as are fixed— PART VII.—THE STATE SERVICES. 188. Establishment of the State Services. (1) The following State Services are hereby established:— 189. Civilian control. All of the State Services other than the Defence Force shall be civilian services, and all of the State Services shall be subject at all times to ultimate civilian control. Division 2.—The Public Services Commission.
(1) A Public Services Commission is hereby established. 191. Functions of the Commission. (1) The Public Services Commission shall be responsible, in accordance with an Act of the Parliament, for— 192. Independence of the Commission. The Public Services Commission is not subject to direction or control when carrying out its function under Section 191(1)(a) (functions of the Commission). 193. Appointments to certain offices. (1) This section applies to and in respect of the following offices and positions:— 194. "Personnel matters". In this Division, "personnel matters" means decisions and other service matters concerning an individual whether in relation to his appointment, promotion, demotion, transfer, suspension, disciplining or cessation or termination of employment (except cessation or termination at the end of his normal period of employment as determined in accordance with law), or otherwise. Division 3.—The State Services Generally. 195. Organization, etc., of the State Services. Subject to this Part, Acts of the Parliament may make provision for or in respect of the State Services, and in particular for and in respect of— Division 4.—Special Provisions in Relation to the Police Force. 196. Control of the Police Force. (1) The Police Force is subject to the control of the National Executive Council through a Minister. 197. Functions of the Police Force. (1) The primary functions of the Police Force are, in accordance with the Constitutional Laws and Acts of the Parliament— 198. Commissioner of Police. There shall be, within the Police Force, an office of Commissioner of Police, who shall be responsible for the superintendence, efficient organization and control of the Force in accordance with an Act of the Parliament. 199. Other forces. There shall be only one Police Force in Papua New Guinea, but this section does not prevent— Division 5.—Special Provisions in Relation to the Defence Force. 200. Raising unauthorized forces. (1) It is strictly forbidden to establish, organize, equip, train or take part in or associate with a military or para-military force, or to organize or take part in military or para-military training, except such as is provided for by this Constitution, or to plan, prepare for or assist in the raising or training of such a force or in such training. 201. Control of the Defence Force. (1) There shall be no office of Commander-in-Chief of the Defence Force, whether honorary or otherwise. 202. Functions of the Defence Force. The functions of the Defence Force are— 203. Application of general law. Since it is necessary that the Defence Force and the members of the Defence Force have no special position under the law except to such extent as is required by the nature of the Force as a disciplined force and its peculiar functions, duties and responsibilities, it is hereby declared that, except as is specifically provided by a Constitutional Law or an Act of the Parliament, the Defence Force and the members of the Defence Force are subject to all laws in the same way as other bodies and persons. 204. Call-out in aid to the civil power. (1) The Defence Force or a part of the Defence Force may be called out to perform functions under Section 202(c)(ii) (functions of the Defence Force) only by the Head of State, acting with, and in accordance with, the advice of the National Executive Council. 205. Active service. (1) Except for the purposes of defence against attack, the Defence Force or a part of the Defence Force— 206. Visiting forces. (1) An Act of the Parliament may make provision for or in respect of— Division 6.—Special Provisions relating to Disciplined Forces. 207. Definition of "disciplined force". (1) The following are, for the purposes of this Division, disciplined forces:— 208. Protection of members of disciplined forces. (1) Because of the special nature of disciplined forces and of their operations, it is a primary duty of their members to obey lawful orders, and accordingly an Organic Law shall make special provision for relieving a member of such a force from responsibility for the consequences of— PART VIII.—SUPERVISION AND CONTROL. 209. Parliamentary responsibility. (1) Notwithstanding anything in this Constitution, the raising and expenditure of finance by the National Government, including the imposition of taxation and the raising of loans, is subject to authorization and control by the Parliament, and shall be regulated by an Act of the Parliament. 210. Executive initiative. (1) The Parliament shall not provide for the imposition of taxation, the raising of loans or the expenditure of public moneys of Papua New Guinea except on the recommendation of the Head of State, acting with, and in accordance with, the advice of the National Executive Council. (2) Subject to subsections (3) and (4), Parliament may reduce, but shall not increase or re-allocate, the amount or incidence of, or change the purpose of, any proposed taxation, loan or expenditure. 211. Accounting, etc., for public moneys. (1) All moneys of or under the control of the National Government for public expenditure and the Parliament and the Judiciary for their respective services, shall be dealt with and properly accounted for in accordance with law. (2) No moneys of or under the control of the National Government for public expenditure or the Parliament and the Judiciary for their respective services, shall be expended except as provided by this Constitution or by or under an Act of the Parliament. 212. Revenue and expenditure without prior approval. (1) If at the beginning of a fiscal year the Parliament has not made provision for public expenditure by the National Executive or expenditure by the Parliament or the Judiciary for their respective services for that year, the National Executive, the Parliament or the Judiciary, as the case maybe, may, without authorization other than this section but in accordance with an Act of the Parliament, expend amounts appropriated out of the Consolidated Revenue Fund for the purpose not exceeding in total one-third of its respective budgeted expenditure during the immediately preceding fiscal year. Subdivision B.—The Auditor-General. 213. Establishment of the office of Auditor-General. (1) An office of Auditor-General is hereby established. 214. Functions of the Auditor-General. (1) The primary functions of the Auditor-General are to inspect and audit, and to report at least once in every fiscal year (as provided by an Act of the Parliament) to the Parliament on the public accounts of Papua New Guinea, and on the control of and on transactions with or concerning the public moneys and property of Papua New Guinea, and such other functions as are prescribed by or under a Constitutional Law. Subdivision C.—The Public Accounts Committee. 215. Establishment of the Committee. There shall be a Public Accounts Committee, which is a Permanent Parliamentary Committee for the purposes of Subdivision VI.2.E (the Committee system). 216. Functions of the Committee. (1) The primary function of the Public Accounts Committee is, in accordance with an Act of the Parliament, to examine and report to the Parliament on the public accounts of Papua New Guinea and on the control of and on transactions with or concerning, the public moneys and property of Papua New Guinea. Division 1A.—Salaries and Remuneration Commission. 216A. The Salaries and Remuneration Commission. (1) A Salaries and Remuneration Commission is hereby established. Division 2.—The Ombudsman Commission. 217. The Ombudsman Commission. (1) There shall be an Ombudsman Commission, consisting of a Chief Ombudsman and two Ombudsmen.
The purposes of the establishment of the Ombudsman Commission are— 219. Functions of the Commission. (1) Subject to this section and to any Organic Law made for the purposes of Subsection (7), the functions of the Ombudsman Commission are— 220. Reports by the Commission. (1) The Ombudsman Commission shall, at least once in each period of 12 months, at such time as is fixed by or under an Act of the Parliament or, subject to any such Act, by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, give to the Head of State, for presentation to the Parliament, a report on the functions and workings of the Commission, with such recommendations as to improvement as the Commission thinks proper. PART IX.—CONSTITUTIONAL OFFICE-HOLDERS AND 221. Definitions. In this Part— 222. Other provisions relating to constitutional office-holders and constitutional institutions. This Part shall be read subject to any other provisions of this Constitution relating to particular constitutional office-holders or particular constitutional institutions. 223. General provision for constitutional office-holders. (1) Subject to this Constitution, Organic Laws shall make provision for and in respect of the qualifications, appointment and terms and conditions of employment of constitutional office-holders. 224. Special provision for constitutional institutions. (1) Subject to this Constitution, Organic Laws and Acts of the Parliament shall provide, or shall make provision for, the powers and procedures of constitutional institutions, and generally for facilitating the performance of their functions, duties and responsibilities. 225. Provision of facilities, etc. Without limiting the generality of any other provision of this Constitution, it is the duty of the National Government and of all other governmental bodies, and of all public office-holders and institutions, to ensure, as far as is within their respective legal powers, that all arrangements are made, staff and facilities provided and steps taken to enable and facilitate, as far as may reasonably be, the proper and convenient performance of the functions of all constitutional institutions and of the offices of all constitutional office-holders. PART X.—EMERGENCY POWERS. 226. Definitions. In this Part, unless the contrary intention appears— Division 2.—Periods of Declared National Emergency. 227. Declaration of war. The Head of State, acting with, and in accordance with, the advice of the National Executive Council, may publicly declare that Papua New Guinea is at war with another country. 228. Declaration of national emergency. (1) If the National Executive Council is of the opinion that an emergency exists or is about to come into being such that it is necessary that the powers conferred by the succeeding provisions of this Part be available, the Head of State, acting with, and in accordance with, the advice of the National Executive Council, may publicly declare the existence of a national emergency in relation to the whole or part of the country. 229. Termination of periods of declared national emergency. A declaration of war or of a national emergency may be revoked at any time— Division 3.—Emergency Measures. 230. Emergency Acts. (1) Before or during a period of declared national emergency, the Parliament may make Acts of the Parliament (to be known as "Emergency Acts") to make provision for dealing with the emergency, and with matters arising out of it. 231. Emergency Regulations. (1) Subject to this Part, at any time before the end of the period of 24 hours after the Parliament first meets after commencement of a period of declared national emergency the Head of State, acting with, and in accordance with, the advice of the National Executive Council, may make laws (to be known as "Emergency Regulations") to make provision for dealing with the emergency concerned, and with matters arising out of it if, and to the extent that, the nature of the emergency or its requirements necessitate the making of the provision before the Parliament can reasonably consider the matter. 232. Emergency orders. (1) An emergency law may make provision for the giving of orders, not inconsistent with the emergency law, by persons authorized to do so by or under the law. 233. Content, operations, etc., of emergency laws. (1) Subject to this Part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose. 235. Custody of members of Parliament under Emergency Regulations or in internment. If a member of the Parliament is held in custody under an Emergency Regulation, or is an internee, he shall, at all times when the Parliament is in session or when a committee (of which he is a member) of the Parliament is meeting, be released, on such conditions (if any) as are prescribed by an Act of the Parliament, into the custody of the Parliament in order to allow him to attend to his parliamentary duties, unless he is also held in custody under some other law. 236. Revocation, etc., of emergency laws, etc. (1) An Emergency Act may be altered— 237. Automatic termination of emergency laws, etc. (1) Subject to Section 238 (extension of Emergency Acts) an emergency law, unless it has expired under Section 231(3) (Emergency Regulations) or unless earlier repealed shall be deemed to be repealed immediately after the end of the day on which the period of declared national emergency ends. 238. Extension of Emergency Acts. (1) Subject to Subsection (2), to the extent that its extension is necessary to deal with the results or aftermath of the period of declared national emergency and is reasonably justifiable in a democratic society that has a proper regard for the rights and dignity of mankind, the operation of an Emergency Act may be extended from time to time, after the end of the period of declared national emergency, by decision of the Parliament by an absolute majority vote, for a period or periods each not exceeding two months. Division 4.—Parliamentary Supervision and Control. 239. Parliamentary control. (1) Unless the Parliament is in session at the commencement of a period of declared national emergency, it shall be called to meet as soon as practicable, and in any event not more than 15 days, after the commencement of the period and thereafter during the period at intervals each not exceeding two months. 240. Emergency Committees. (1) An Act of the Parliament shall provide for and in respect of the appointment of committees of the Parliament (to be known as "Emergency Committees") in respect of a period or periods of declared national emergency. 241. Temporary Emergency Committees. (1) An Act of the Parliament or the Standing Orders of the Parliament shall make provision for and in respect of the appointment of a Temporary Emergency Committee to hold office if a period of declared national emergency commences at a time when the Parliament is not in session and an Emergency Committee has not been established in accordance with Section 240 (Emergency Committees) in respect of the period. 242. Functions, etc., of Emergency Committees. (1) The Prime Minister shall ensure that— 243. Priority of emergency business in Parliament. During a period of declared national emergency, and while any emergency law is in force, first priority shall, subject to any express provision of this Constitution to the contrary, be given to any question, notice, motion or other Parliamentary process relating to the emergency or to an emergency law. Division 5.—Internment. 244. Laws providing for internment. (1) The internment of persons may be permitted only by an Act of the Parliament. 245. Internment. (1) The following provisions apply to and in relation to an internee:— Division 6.—Miscellaneous. 246. Extension of tenure of Parliament and Governor-General.
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. 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— 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. 251. Taking certain oaths, etc., by non-citizens. (1) If— 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— 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. 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. 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. PART XII.—CONSTITUTIONAL REVIEW. 260. General Constitutional Commission. (1) An Act of the Parliament shall make provision for and in respect of the establishment, at or after the end of the period of three years commencing on Independence Day, of a General Constitutional Commission. 261. Interim Constitutional Commission. (1) An Act of Parliament shall provide that until the Constitutional Commission is established there shall be an Interim Constitutional Commission the membership of which is in accordance with Section 260(2) and (3) (General Constitutional Commission). 262. Subordinate commissions and committees. (1) Acts of the Parliament may make provision for and in respect of— 263. Further definition, etc. Acts of the Parliament may make provision for further defining the terms of reference of the General Constitutional Commission and any other commissions or committees established in accordance with Section 262 (subordinate commissions and committees). 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. 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— 268. First Governor-General. If before Independence Day— 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. 270. First Ministry. (1) The pre-Independence Chief Minister in office immediately before Independence Day is the first Prime Minister. 271. First Judges. Notwithstanding anything in this Constitution— 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)— 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). SCHEDULES. Sch.1.1. Application of Schedule 1. (1) The rules contained in this Schedule apply, unless the contrary intention appears, in the interpretation of the Constitution and of the Organic Laws.
Sch.1.2. Meaning of certain expressions. (1) In this Constitution or an Organic Law— Sch.1.3. Form of the Constitutional Laws. (1) The Preamble to this Constitution (being the provisions that end immediately before the heading to Part I.) forms part of this Constitution, but expresses general principles and therefore must be read subject to any other provision of this Constitution, though it may be used as an aid to interpretation in cases of doubt. Sch.1.4. Constitutional Laws speak from time to time. A Constitutional Law speaks from time to time. Sch.1.5. Fair meaning to be given to language used. (1) Each Constitutional Law is intended to be read as a whole. Sch. 1.6. Statements of general principle. Where a provision of a Constitutional Law is expressed to state a proposition "in principle", then— Sch.1.7. "Non-justiciable". Where a Constitutional Law declares a question to be non-justiciable, the question may not be heard or determined by any court or tribunal, but nothing in this section limits the jurisdiction of the Ombudsman Commission or of any other tribunal established for the purposes of Division III.2 (leadership code). Sch.1.8. Gender and number. In a Constitutional Law— Sch.1.9. Provision where no time prescribed. Where no time is prescribed or allowed within which an act is required or permitted by a Constitutional Law to be done, the act shall or may be done, as the case may be, with all convenient speed and as often as the occasion arises. Sch.1.10. Exercise and performance of powers and duties. (1) Where a Constitutional Law confers a power or imposes a duty, the power may be exercised, or the duty shall be performed, as the case may be, from time to time as occasion requires. Sch.1.11. Determination of appropriate authority. Where a Constitutional Law refers to "the appropriate Permanent Parliamentary Committee", the Parliament shall determine which Permanent Parliamentary Committee is the appropriate committee for the purpose and where the Parliament fails to do so the Speaker may so determine. Sch.1.12. Power of majority of more than two persons, and quorums. (1) Where a Constitutional Law requires or permits an act or thing to be done by more than two persons, a majority of them may do it. Sch.1.13. Attainment of age. For any purpose of a Constitutional Law, a person attains a certain age at the first moment of the relevant anniversary of his birth. Sch.1.14. References to series. (1) Where in a Constitutional Law a reference is made to a series by reference to two numbers, one at the beginning and one at the end of the series, each of those numbers forms part of the series. Sch.1.15. Residence. (1) Where in a Constitutional Law there is a requirement for any purpose of permanent residence or of continuous residence in a place (including the area of Papua New Guinea), an Organic Law may provide that— Sch.1.16. Effect of time limits. (1) Where in a Constitutional Law a time limit is imposed for the doing of an act (whether the provision is mandatory, directory or permissive, and whether it is positive or negative), and in a particular case it is not practicable to comply with that limitation, the period shall be deemed to be extended by whatever period is necessary to make compliance practicable. Sch.1.17. Repeal, etc. (1) The repeal of a Constitutional Law or a part of a Constitutional Law does not— Sch.1.18. Disallowance, etc. (1) Where a Constitutional Law provides that a law may be disallowed, the disallowance takes effect in the same way as a repeal of a provision of a Constitutional Law takes effect except that, if the disallowed law altered any other law, the disallowance revives the other law as in force before the alteration. Sch.1.19. Independence. Where a Constitutional Law provides that a person or institution is not subject to control or direction, or otherwise refers to the independence of a person or institution, that provision does not affect— Sch.1.20. Regulation of acts, etc. A provision of a Constitutional Law that provides for the regulation of an act or thing does not extend to prohibition, whether in law or in effect. PART 3.—SPECIAL PROVISIONS RELATING TO THE OFFICE OF HEAD OF STATE. Sch.1.21. "the Head of State"; "the Governor-General". For the avoidance of doubt, it is hereby declared that—
Sec. 18. ADOPTION, ETC., OF CERTAIN LAWS. Sch.2.1. Recognition, etc., of custom. (1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law. PART 2.—RECEPTION OF A COMMON LAW, ETC. Sch.2.2. Adoption of a common law. (1) Subject to this Part, the principles and rules that formed, immediately before Independence Day, the principles and rules of common law and equity in England are adopted, and shall be applied and enforced, as part of the underlying law, except if, and to the extent that—
Sch.2.3. Development, etc., of the underlying law. (1) If in any particular matter before a court there appears to be no rule of law that is applicable and appropriate to the circumstances of the country, it is the duty of the National Judicial System, and in particular of the Supreme Court and the National Court, to formulate an appropriate rule as part of the underlying law having regard— Sch.2.4. Judicial development of the underlying law. In all cases, it is the duty of the National Judicial System, and especially of the Supreme Court and the National Court, to ensure that, with due regard to the need for consistency, the underlying law develops as a coherent system in a manner that is appropriate to the circumstances of the country from time to time, except insofar as it would not be proper to do so by judicial act. Sch.2.5. Reports on the development of the underlying law. In their reports under Section 187(1) (reports by Judges), and in any report under Section 187(2) (reports by Judges) if in their opinion it is desirable to do so, the Judges shall comment on the state, suitability and development of the underlying law, with any recommendations as to improvement that they think it proper to make. PART 4.—ADOPTION OF CERTAIN STATUTES. Sch.2.6. Adoption of pre-Independence laws. (1) In Subsection (2), "pre-Independence law" means— Sch.2.7. Adaptation of adopted law. (1) A law adopted by Section Sch.2.6 (adoption of pre-Independence laws) takes effect subject to such changes as to names, titles, offices, persons and institutions, and to such other formal and non-substantive changes, as are necessary to adapt it to the circumstances of the country and to the Constitutional Laws. PART 5.—JUDICIAL PRECEDENT. Sch.2.8. Effect of Part 5. (1) Nothing in this Part affects or is intended to affect, except to the extent specifically set out in this Part— Sch.2.9. Subordination of courts. (1) All decisions of law by the Supreme Court are binding on all other courts, but not on itself. Sch.2.10. Conflict of precedents. (1) Where it appears to a court other than the Supreme Court or the National Court that— Sch.2.11. Prospective over-ruling. (1) Subject to any decision of law that is binding upon it, in over-ruling a decision of law or in making a decision of law that is contrary to previous practice, doctrine or accepted custom, a court may, for a special reason, apply its decision of law only to situations occurring after the new decision. Sch.2.12. Outside decisions. (1) For the purposes of this section, except in a matter before the Supreme Court or the National Court— PART 6.—THE LAW REFORM COMMISSION.
(1) An Act of the Parliament shall make provision for and in respect of a Law Reform Commission. Sch.2.14. Special functions of the Commission. In addition to its other functions and responsibilities under any law, it is a special responsibility of the Law Reform Commission to investigate and report to the Parliament and to the National Executive on the development, and on the adaptation to the circumstances of the country, of the underlying law, and on the appropriateness of the rules and principles of the underlying law to the circumstances of the country from time to time. SCHEDULE 3. Sec.Sch.1.2(1).
I..., do promise and declare that I will well and truly serve the Independent State of Papua New Guinea and its People in the office of..., that I will in all things uphold the Constitution and the laws of the Independent State of Papua New Guinea, and I will do right to all manner of people in accordance therewith, without fear or favour, affection or ill-will. What are the stages of organizational decline?Every institution is vulnerable to decline, no matter how great. We found that great companies often fall in five stages: 1) Hubris Born of Success, 2) Undisciplined Pursuit of More, 3) Denial of Risk and Peril, 4) Grasping for Salvation, and 5) Capitulation to Irrelevance or Death.
What is organizational decline?Abstract. Organizational decline is related to the deterioration of the resource base and performance of an organization for a sustained period of time. Although some studies have been conducted, it remains an understudied phenomenon, despite its importance.
What causes organization decline?Competition is said to be the number one cause for organizational decline. Competition gets attracted to industries where supernormal profits are being made. More and more companies then start entering such an industry. The end result is that existing organizations face a higher decline rate.
Which of the following has been identified as the most important cause of organizational decline?External causes are considered to be the number one reason behind the organizational decline.
|