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Constitutional Amendment No. 3 - Provincial Government (Consequential Amendments)

PAPUA NEW GUINEA

Constitutional Amendment No. 3. - Provincial Government (Consequential Amendments)

ARRANGEMENT OF SECTIONS.

1. Urgent alterations (Amendment of Section 15).
2. Special references to the Supreme Court (Amendment of Section 19).
3. Application of Division III.2 (Amendment of Section 26).
4. Disqualifications on dismissal (Amendment of Section 31.)
5. Functions of the Public Services Commission (Amendment of Section 191).
6. Functions of the Ombudsman Commission (Amendment of Section 219).

Constitutional Amendment No. 3. - Provincial Government (Consequential Amendments),

Being a Law to alter the Constitution in certain ways as a consequence of Constitutional Amendment No. 1. - Provincial Government,

MADE by the National Parliament.

1. URGENT ALTERATIONS (AMENDMENT OF SECTION 15).

Section 15 of the Constitution is amended by inserting after Subsection (5) (k) -

"(ka) Part VIA. (provincial government and local level government);".

2. SPECIAL REFERENCES TO THE SUPREME COURT (AMENDMENT OF SECTION 19).

Section 19 of the Constitution is amended by inserting after Subsection (3) (e) -

"(ea) a provincial legislature; and
(eb) a provincial executive; and
(ec) the council established in accordance with Section 187H(2)(inter-governmental relations) and any other body established by a Constitutional Law or an Act of the Parliament specifically for the settlement of disputes between the National Government, or between provincial governments; and".

3. APPLICATION OF DIVISION III.2 (AMENDMENT OF SECTION 26).

Section 26 of the Constitution is amended -

(a) by omitting Subsection (1) (d) and substituting -

• "(d) head of provincial executives; and"; and

(b) by omitting from Subsection (3) "a provincial government body" and substituting "a provincial government".

4. DISQUALIFICATIONS ON DISMISSAL (AMENDMENT OF SECTION 31)

Section 31 of the Constitution is amended by omitting Subsection (1) (c) and substituting –

"(c) for appointment to a provincial legislature or provincial executive (including the office of head of a provincial executive), or to a local government body,".

5. FUNCTIONS OF THE PUBLIC SERVICES COMMISSION (AMENDMENT OF SECTION 191).

Section 191 of the Constitution is amended -

(a) by inserting in Subsection (1) (c) after "the other State Services" the words ", the provincial services"; and
(b) by inserting in Subsection (2) after "the State Services (other than the Defence Force)' the words ", the provincial services".

6. FUNCTIONS OF THE OMBUDSMAN COMMISSION (AMENDMENT OF SECTION 219).

Section 219 of the Constitution is amended -

(a) by inserting in Subsection (1) (a) (i) after "any State Service" the words "or provincial service,"; and
(b) by omitting from Subsection (1) (a) (iii) "or provincial government body"; and
(c) by inserting in Subsection (3) after "a Minister," the words "or a provincial government or a member of a provincial executive,".

I hereby certify that the above is a fair print of the Constitutional Amendment No. 3. - Provincial Government (Consequential Amendments) which has been passed by the National Parliament.

Clerk of the National Parliament.

I hereby certify that Constitutional Amendment No. 3. - Provincial Government (Consequential Amendments) was made by the National Parliament on 31 August 1976. I further certify that the requirements of Section 14(1), (2) and (3) of the Constitution have been complied with, and that the details required by Section 14(5) of the Constitution are as follows:-

(a) First vote expressing support (in accordance with Section 14(1)):-

• (i) date of vote: 31 August 1976
• (ii) number of seats in the National Parliament on that date: 102
• (iii) votes for: 75. votes against: 0.

(b) Second vote expressing support (in accordance with Section 14(1)):-

• (i) date of vote: 7 December 1976.
• (ii) number of seats in the National Parliament on that date: 102.
• (iii) votes for: 82, votes against: 0.

Speaker of the National Parliament.