PNG Constitution 13 - 17

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13. ALTERATIONS OF THE CONSTITUTION.

This Constitution may be altered only by law made by the Parliament that–

(a) is expressed to be a law to alter this Constitution; and
(b) is made and certified in accordance with Section 14 (making of alterations to the Constitution and Organic Laws).

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.

(2) Subject to Section 15 (urgent alterations), the opportunities for debate referred to in Subsection (1) must have been–

(a) during different meetings of the Parliament; and
(b) separated in time by at least two months,

and the proposed law must be published by the Speaker in full in the National Gazette, and circulated, in accordance with the Standing Orders of the Parliament, to all members of the Parliament not less than one month before it is formally introduced into the Parliament.

(3) Amendments to a proposed law to amend this Constitution or a proposed Organic Law shall not be moved unless they have been circulated to members of the Parliament before the end of the meeting of the Parliament at which the first opportunity for debate referred to in Subsection (1) occurs.

(4) Subject to Subsection (6), in his certificate given under Section 110 (certification as to making of laws), the Speaker must certify that the requirements of Subsections (1), (2) and (3) or Section 15 (urgent alterations), as the case may be, have been complied with.

(5) The certificate referred to in Subsection (4) shall state–

(a) the date on which each vote was taken; and
(b) in relation to each vote–

(i) the number of seats in the Parliament at the time; and
(ii) the respective numbers of members of the Parliament voting for and against the proposal, and where the requirements of Subsection (2) were waived under Section 15 (urgent alterations) for and against the motion for the waiver,

and is, in the absence of proof to the contrary, conclusive evidence of the matter so stated.

(6) Unless the Parliament decides otherwise in any particular case, Subsection (1) does not apply where the Speaker, after consultation with the Chief Justice or a Judge nominated by the Chief Justice for the purpose, certifies that the proposed law–

(a) does not affect the substance of any provision to be altered by it; or
(b) is designed to correct a self-evident error or omission; or
(c) is merely incidental to or consequential on some other alteration of this Constitution or of any other law,

and such a law may be made in the same way as Acts of the Parliament.

(7) The Supreme Court may, on the application of any person made within four weeks after the date of a certificate under Subsection (6) or such further time as a Judge, on application made within that period, considers reasonable in the particular circumstances, disallow the certificate, but otherwise the certificate is conclusive.

15. URGENT ALTERATIONS.

(1) The provisions of this section cease to have effect at the first moment of the fourth anniversary of Independence Day.

(2) Subject to Subsection (5), the requirements of Section 14(2) (making of alterations to the Constitution and Organic Laws) may be waived, on the ground of urgency, by the Parliament by a division in accordance with the Standing Orders of the Parliament by a two-thirds absolute majority vote.

(3) The requirements of Section 14(2) (making of alterations to the Constitution and Organic Laws) shall not be waived under Subsection (2) unless–

(a) at least four days’ notice of the intention in accordance with the Standing Orders of the Parliament to invoke Subsection (2) has been given; and
(b) the proposed law has been circulated, in accordance with the Standing Orders of the Parliament, to all members of the Parliament and published in full by the Speaker in the National Gazette at least four days before the motion to invoke Subsection (2) is moved; and
(c) the opportunities for debate referred to in Section 14(1) (making of alterations to the Constitution and Organic Laws) have been separated in time by at least two weeks, but not necessarily during different meetings of the Parliament.

(4) Amendments to a proposed law to amend this Constitution or a proposed Organic Law to which this section applies shall not be moved unless they have been circulated to members of the Parliament before the end of the first debate on the matter.

(5) This section does not apply to proposed laws to alter the following provisions of this Constitution, or Organic Laws made for the purposes of any such provision:–

(a) this section;
(b) the Preamble;
(c) Division II.2. (Constitutional Laws);
(d) Division III.1. (National Goals and Directive Principles);
(e) Division III.2. (leadership code);
(f) Division III.3. (basic rights);
(g) Division III.5. (basic social obligations);
(h) Part IV. (citizenship);
(i) Division VI.2. (the National Parliament);
(j) Division VI.3. (special instances of the legislative powers);
(k) Division VI.5. (the administration of justice);
(ka) Part VIA. (provincial government and local level government);
(l) Division VII.2. (the Public Services Commission);
(m) Division VII.4. (special provisions in relation to the Police Force);
(n) Division VII.5. (special provisions in relation to the Defence Force);
(o) Part VIII. (supervision and control);
(p) Part IX. (constitutional office-holders and constitutional institutions);
(q) Part X. (emergency powers).

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.

(2) For the avoidance of doubt, it is hereby declared that Subsection (1) extends to Schedule 1 (Rules for Shortening and Interpretation of the Constitutional Laws) in its application to any provision of this Constitution.

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.

(2) For the purposes of Subsection (1) the prescribed majority of votes for this subsection, Sections 3, 6, 8, 20, 21, 23, 24, 26 to 31 (inclusive), 63, 68, 69, 73, 77 to 98 (inclusive), 101, 103, 104, 110, 117, 138, 139, 150, 156, 165, 167, 171, 184 to 187 (inclusive), 206, 248 to 252 (inclusive), 264 to 268 (inclusive), Sch.1.21, Sch.2.1 to Sch.2.14 (inclusive), Schedules 3, 4 and 5 is an absolute majority.

(3) For the purposes of Subsection (1) the prescribed majority of votes for this subsection, Sections 35, 36, 50, 57, 105, 106, 109, 113, 125, 126, 155, 157, 160, 163, 217, 235, 239, 243, 244, 245 and 269 is a three-quarters absolute majority.

(4) Subject to this section, for the purpose of a proposed law to add a new provision to this Constitution the prescribed majority of votes is the same as the prescribed majority of votes that would be required to alter that provision if it was already enacted.

(5) Subject to Section 12(3) (Organic Laws), in relation to a proposed Organic Law the prescribed majority of votes is–

(a) in the case of a proposed Organic Law to alter a provision of an Organic Law–the same as the majority that would be required for the making of the provision proposed to be altered; and
(b) in any other case–

(i) the majority of votes (not being less than an absolute majority) prescribed by this Constitution for the making of the Organic Law; and
(ii) if no majority is prescribed, a two-thirds absolute majority.

(6) Where, by virtue of the operation of the preceding provisions of this section, there are different prescribed majorities in relation to different provisions of a proposed law, the prescribed majority of votes in relation to the law as a whole is the greatest of those majorities.

(7) Nothing in this section prevents different majorities being prescribed in respect of different aspects or subject-matters of a provision.

(8) No Organic Law may require a majority of votes for the alteration of a provision of an Organic Law greater than that by which the first-mentioned law was made.

(9) Notwithstanding anything in this section, until 16 September 1980–

(a) for the purpose of a proposed law to add a new provision to this Constitution, the prescribed majority of votes is an absolute majority; and
(b) for the purpose of making an Organic Law for which there was provision in this Constitution when adopted the prescribed majority of votes is an absolute majority.

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