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

by The Government of Papua New Guinea

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.

Use the navigational index template to the right to navigate between the different sections.

Contents of this page

This page contains PART XII 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 XII.—CONSTITUTIONAL REVIEW

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.

• (2) The members of the Commission shall—
  • (a) be appointed by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given after consultation with any appropriate parliamentary committee; and
  • (b) be broadly representative of the different areas of the country; and
  • (c) give balanced representation of the major parties and groups in Parliament.

• (3) Each member of the General Constitutional Commission must be—
  • (a) a member of the Parliament; or
  • (b) a member of a provincial government or local government body; or
  • (c) a member of a State Service; or
  • (d) some other citizen with relevant expertise.

• (4) The General Constitutional Commission shall inquire into the working of this Constitution and the Organic Laws.

• (5) As soon as is reasonably practicable after its appointment, the General Constitutional Commission shall forward a report of its findings to the Speaker for presentation to the Parliament, together with its recommendations (if any) as to amendment of this Constitution, and new or amended Organic Laws or other laws or administrative procedures.

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).

• (2) The Interim Constitutional Commission shall consider proposed alteration of this Constitution or of any Organic Law, and report to Parliament before there is an opportunity for debate of the proposed legislation.

262. Subordinate commissions and committees.

• (1)Note-LXIV Acts of the Parliament may make provision for and in respect of—
  • (a) a Commission on Provincial Government, the primary function of which shall be to investigate the workings of the system of provincial government; and
  • (b) other commissions and committees to investigate such other aspects of the working of this Constitution as the Parliament thinks desirable.

• (2) The commissions and committees established in accordance with Subsection (1)(b) shall report to the General Constitutional Commission on the subject matters of their respective investigations, with such recommendations (if any) as they think desirable, in time to allow the General Constitutional Commission to report to the Parliament in accordance with Section 260 (General Constitutional Commission).

• (3) The General Constitutional Commission shall ensure that any reports of commissions or committees established in accordance with Subsection (1)(b) are forwarded to the Speaker for presentation to the Parliament before or at the same time as its report is so forwarded.

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).

Notes to amendments

footnotes to amendments:

Note-LXIV

• Section 262(1) was repealed and replaced by Constitutional Amendment No. 1—Provincial Government, s3.Note-LXIV

References

• full PNG constitutional text; from Pacific Law Library.