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Papua New Guinea Consolidated Legislation |
No. 0 of 2004.
The Constitution of the Autonomous Region of Bougainville 2004.
Certified on: 21/12/2004.
INDEPENDENT
STATE OF PAPUA NEW GUINEA.
No. 0 of 2004.
The Constitution of the Autonomous Region of Bougainville 2004.
ARRANGEMENT OF SECTIONS.
1. Autonomous Region of Bougainville.
2. Autonomous Bougainville Government.
3. Jurisdiction of the Autonomous Bougainville Government.
4. Symbols of the Autonomous Region of Bougainville.
5. Autonomous Region of Bougainville Capital.
6. Declaration of loyalty to Bougainville.
7. Bougainvillean.
8. Ownership of customary land and elections.
9. Obligations of a Bougainvillean.
10. Schedules repeating certain provisions of National Constitutional Laws.
11. Provisions of this part no-justiciable.
12. Implementation of Objectives.
13. Strengthening of customary authority.
14. Democratic Principles.
15. Pursuit of Peace Rehabilitation, Reconciliation and Harmony.
16. Unity and stability of Bougainville.
17. Autonomy and Territorial integrity of Bougainville.
18. Assistance to institutions protecting and supporting human rights, etc.
19. Fair representation of Women and marginalized groups.
20. Welfare of Windows, Children, Orphans, the Aged and the Disabled.
21. Provision of adequate resources for Government.
22. General social and economic objectives.
23. The land and natural resources.
24. Development.
25. Human Resource Development.
26. Transport Infrastructure.
27. The Environment and Conservation.
28. Recognition of the Role of Women in Bougainville Society.
29. Children and Youth as the future of Bougainville.
30. Recognition of the dignity of persons with disabilities.
31. Music, the arts and sports.
32. Education Objectives.
33. Medical Services and Health care.
34. HIV/Aids.
35. Partnership with Churches, Local Non-Government Organisations and other organisations.
36. Natural Disasters.
37. Cultural Objectives.
38. Accountability.
39. Rights of Workers and Employees.
40. Structure and Levels of Government.
41. Autonomous Bougainville Government.
42. Functions and powers of the Autonomous Bougainville Government.
43. Factors to be considered by Autonomous Bougainville Government before requesting a transfer of a function or power, etc.
44. Land Matters.
45. Criminal Law.
46. Foreign Affairs.
47. Fisheries.
48. Underlying Law.
49. Other Levels of Formal Government.
50. Regional Government.
51. Traditional Systems of Government.
52. Advisory Body.
53. Bougainville Legislature.
54. Exercise of Legislature.
55. Establishment and Composition of the house of representatives.
56. Qualifications for and disqualifications from election.
57. Normal Term of Office.
58. Recall of Member of the House of representatives.
59. Offices of Speaker and Deputy Speaker.
60. Speaker.
61. Removal from Office of Speaker.
62. Deputy Speaker.
63. Functions of the Deputy Speaker and Deputy Speaker.
64. Voting by the Speaker.
65. General Law-making powers.
66. Certification as to making of Laws, etc.,.
67. Right to Introduce New Laws.
68. Meetings of the House of Representatives.
69. Quorum at Meetings.
70. Voting in the House of Representatives.
71. Committees.
72. Standing Orders of the House of Representatives.
73. Privileges, etc., of the House of Representatives.
74. International Agreements.
75. Proceedings non-justifiable.
76. Questions as to Membership.
77. Validation of Acts of the House of Representatives.
78. Clerks and Officers of the House of Representatives.
79. Exercise of the Executive Power.
80. Membership of the Bougainville Executive Council.
81. Representatives of Regions.
82. Caretaker Bougainville Executive Council.
83. Appointment of Other Members.
84. Assumption of Office by Members of the Bougainville Executive Council.
85. Responsibilities.
86. Procedures.
87. Delegation by the Bougainville Executive Council, etc.
88. Office of President.
89. Eelction of President.
90. Special Election of President.
91. Qualifications for and Disqualififcations from Election as President.
92. Assumption of Office.
93. Functions of the President.
94. Vacation of Office of President.
95. Office of Vice-President.
96. Appointment of Vice President.
97. Assumption of Office.
98. Functions of the Vice-President.
99. Interpretation of Division 5.
100. Vacation of Office of Members of the Bougainville Executive Council.
101. Dismissal of Members of the Bougainville Executive Council.
102. Bougainville Senior Appointments Committee.
103. Part time Appointments.
104. Bougainville Boundaries Commissioner.
105. Constituencies.
106. Bougainville Electoral Commissioner and Elections Generally.
107. Bougainville General Elections.
108. By-Elections.
109. Form of Elections.
110. Right to Vote.
111. Political Parties.
112. Bougainville Courts.
113. The Law Officers of Bougainville.
114. Exercise of the Judicial Power.
115. Alternative Dispute Resolution.
116. Establishment of the Bougainville High Court.
117. Composition of the Bougainville High .
118. Acting Judges.
119. Jurisdiction of the Bougainville High Court.
120. Right of Appeal from Bougainville High Court to Supreme Court.
121. Bougainville Judicial Appointments Committee.
122. Qualification.
123. Appointment of Chief Justice of Bougainville.
124. Appointment of Other Judges.
125. Seniority of Judges.
126. Establishment of Other Courts.
127. Head of Other Bougainville Courts.
128. Bougainville Public Prosecutor and Bougainville Public Solicitor.
129. Functions of the Bougainville Public Prosecutor and the Bougainville Public Solicitor.
130. Removal from Office of Chief Justice of Bougainville, etc.,.
131. Procedures for Removal.
132. Constitution of Tribunals, etc.,.
133. Suspension.
134. Rules of Court.
135. Lack of Procedural Provision.
136. Juries and Assessors.
137. Reports of Bougainville Judges.
138. Establishment of Bougainville Government Services.
139. Civilian Control.
140. Responsibility of Heads of Bougainville Government Services to Bougainville Executive Council.
141. Declaration of Loyalty etc.,.
142. Establishment of the Bougainville Public Services Commission.
143. Functions of the Commission.
144. Independence of the Commission.
145. Personnel Matters.
146. Bougainville Public Service.
147. Head of Bougainville Public Service.
148. Bougainville Police Service.
149. Chief of Bougainville Police.
150. Further provisions relating to Bougainville Police Service.
151. Bougainville Correctional Service.
152. Chief of the Bougainville Correctional Service.
153. General principles relating to finances and financial management.
154. Outline of Finances of Autonomous Bougainville Government and Finance Administration.
155. Financial responsibility of the House of Representatives.
156. Executive Initiative.
157. Revenue and Expenditure without prior approval.
158. Establishment of office of Bougainville Auditor-General.
159. Functions of the Bougainville Auditor-General.
160. Establishment of the Public Accounts Committee.
161. Functions of the Committee.
162. The Bougainville Salaries and Remuneration Commission.
163. Functions, etc., of the Commission.
164. Functions of National Salaries and Remuneration Commission.
165. The Bougainville Ombudsman.
166. Purposes of the Bougainville Ombudsman.
167. Functions and Powers of the Bougainville Ombudsman.
168. Reports by the Bougainville Ombudsman.
169. Application of Leadership Code.
170. Customary standards of leadership.
171. Other responsibilities of office.
172. Particular responsibilities of office.
173. Further provisions concerning the leadership code.
174. Prosecution for misconduct in office.
175. Investigation and Prosecution may be carried out where person no longer holds office.
176. Disqualifications on Dismissal.
177. Powers of Bougainville ombudsman in relation to criminal misconduct.
178. Basic rights.
179. Additional Rights.
180. Qualifications on the qualified rights.
181. Reasonably justifiable in a Democratic Society.
182. Validity of emergency legislation.
183. Enforcement of Guaranteed Rights and Freedoms.
184. Damages for breach of rights.
185. Human rights enforcement body.
186. Customary methods of dealing with Human Rights abuses.
187. Issues arising from the Bougainville conflict.
188. Other provisions relating to Bougainville Constitutional Officer-holders and Bougainville Constitutional Institutions.
189. Bougainville Constitutional Office-holders.
190. Removal from office of certain Bougainville Constitutional Office-Holders.
191. Bougainville Constitutional Institutions.
192. Provision of Facilities, etc.
193. Bougainville Referendum.
194. Procedure in relation to the Bougainville Referendum.
195. Consultation through plebiscite.
196. Participation in, and poll for, law making.
197. Definitions.
198. General approach to certain emergencies.
199. Declarations of emergency generally.
200. Declaration, etc., of Bougainville emergency.
201. Declaration, etc., of National Emergency at request of Autonomous Bougainville Government.
202. Request for revocation of declaration, etc., where National Emergency declared other than at the request of the Autonomous Bougainville Government.
203. House of Representatives Control.
204. Management and control of emergencies.
205. Principles of Intergovernmental Relations, etc.
206. Supremacy of the Constitution.
207. Alteration of this Constitution.
208. Evolution of this Constitution and of the Autonomous Bougainville Government.
209. Interpretative Jurisdiction.
210. Special references to Bougainville High Court.
211. Special status of the Preamble.
212. Construction of the Constitution generally.
213. Construction of Bougainville Laws.
214. Use of certain materials as aids to interpretation.
215. Enforcement of this Constitution.
216. Accessibility of the Constitution.
217. Requirements for amendment of Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution, etc.
218. National Constitutional Regulations.
219. Making of alterations to this Constitution.
220. Review of this Constitution, etc.
221. Legal capacity of Autonomous Bougainville Government.
222. Bougainville Constitutional Regulations.
223. Public purposes.
224. Transitional provisions contained in Organic Law.
225. Application of other laws.
226. Bougainville Gazette.
227. Effect of this Part.
228. Purposes of this Part.
229. Interpretation.
230. Existing facilities and personnel to be used where practicable.
231. Bougainville Interim Provincial Government in consultation with the Bougainville People’s Congress may issue directions, etc., in certain circumstances.
232. Interim Bougainville Gazette.
233. First Bougainville General Election Boundaries Director.
234. Constituencies for First Bougainville General Election.
235. First Bougainville General Election Manager.
236. First Bougainville general election.
237. Interim Registration of Political Parties.
238. Disputed elections and returns arising from First Bougainville general elections.
239. Calling of First Meeting of the House of Representatives.
240. Executive Officer of the House of Representatives.
241. Interim Arrangements in relation to Institutions, Offices, etc.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
The Constitution of the Autonomous Region of Bougainville 2004,
Being an Act to
Preamble
WE, THE PEOPLE OF BOUGAINVILLE, under the sovereignty of God
Conscious of the noble heritage and customs of our Ancestors and of the freedom and autonomy which they enjoyed in time immemorial;
Mindful of the restrictions wrought on our freedom, autonomy and customs by colonial aggression, foreign influences and the devastation of foreign wars;
Proud of our long struggle to free ourselves from adverse colonial and foreign influences and to renew our freedom, autonomy and customs;
Chastened by internal conflict that arose during our struggle for freedom;
Recognizing the sacrifice of Bougainvilleans for the causes of autonomy and self-determination;
Heartened by the process of healing, reconciliation and unity pursued during the years of conflict and thereafter;
WE, THE PEOPLE OF BOUGAINVILLE under the sovereignty of God our Father believing and trusting in HIM do now, with His guidance and blessing, hail the dawn of a new era of government for Bougainville to enable us with His help –
(a) to uphold Christian and similar moral and spiritual principles; and
(b) to honour our heritage and ancestral spirits and our worthy customs and traditions; and
(c) to provide for the self-determination of the People through both autonomy arrangements and the referendum on independence; and
(d) to recognize the sovereignty of the People; and
(e) to recognize the autonomy of family and clan lineages and other customary communities; and
(f) to govern through democracy, accountability, equality and social justice; and
(g) to protect the land, the sea, our environment and our cultural identity for present and future generations; and
(h) to strive to eliminate universal problems in Bougainville of poverty, illiteracy, corruption, pollution, unemployment, overpopulation and other ills; and
(i) to meet the obligations of Bougainvilleans under this Constitution and in particular to uphold this Constitution with dignity and integrity; and
(j) to provide for the legislative, executive and judicial powers of the People of Bougainville to be vested in the respective arms of an Autonomous Bougainville Government;
WE, THE PEOPLE OF BOUGAINVILLE ACTING UNDER THE AUTHORITY OF OUR TRADITIONAL CLAN SYSTEM AND LEADERSHIP DO NOW THEREFORE DECLARE
that we, having resolved to enact a Constitution for the Autonomous Region of Bougainville,
AND ACTING with the guidance of God through decision of our representatives in the Bougainville Constituent Assembly on the Twelfth day of November 2004, following consultation with the People through our Bougainville Constitutional Commission HEREBY, under the authority of the Bougainville Peace Agreement as implemented in Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution, ESTABLISH, ADOPT AND GIVE TO OURSELVES this Constitution –
to come into effect in the following manner:–
on the day following the date of publication of this Constitution in the National Gazette following its endorsement by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, Part XXV (First Bougainville General Election and First Meeting of House of Representatives) shall come into operation, together with such other provisions as are necessary to enable the first general election of the President and members of the House of Representatives to take place; and
on the day fixed for the return of the writs in the first general election of the President and members of the House of Representatives, the remainder of this Constitution shall come into operation
MADE by the National Parliament.
PART 1. – BOUGAINVILLE.
1. AUTONOMOUS REGION OF BOUGAINVILLE.
(a) the areas of land within the boundaries specified in Schedule 3 (the boundaries of Bougainville Province specified in the Schedule to the National Organic Law on Provincial Boundaries) to this Constitution; and
(b) the areas of sea extending to three nautical miles from the low water mark of the areas of land referred to in Paragraph (a).
(2) Bougainville shall be known –
(a) formally, as “The Autonomous Region of Bougainville”; and
(b) otherwise, as “Bougainville”.
(3) The Autonomous Bougainville Government will keep under review the question of the name of Bougainville and whether any change should be made to it.
(4) The Autonomous Bougainville Government may consult with the National Government in accordance with the Bougainville Peace Agreement concerning an extension of Bougainville’s maritime boundaries.
2. AUTONOMOUS BOUGAINVILLE GOVERNMENT.
3. JURISDICTION OF THE AUTONOMOUS BOUGAINVILLE GOVERNMENT.
4. SYMBOLS OF THE AUTONOMOUS REGION OF BOUGAINVILLE.
(a) a Bougainville Flag;
(b) a Bougainville Emblem;
(c) a Bougainville Motto;
(d) a Bougainville Seal;
(e) a Bougainville Pledge;
(f) a Bougainville Anthem;
(g) a Bougainville style of dress;
(h) symbols, awards, holidays or days of celebration, fitting to symbolize the Autonomous Region of Bougainville or to honour persons, places or events relating to the Autonomous Region of Bougainville or to the Autonomous Bougainville Government.
(2) Wherever possible, the symbols of Bougainville provided for in Subsection (1) shall be of a character and kind unique to Bougainville.
5. AUTONOMOUS REGION OF BOUGAINVILLE CAPITAL.
(2) The choice of the location of the capital and the planning of its development should take full account of the need to ensure that the capital does not contribute to the development of the universal problems and ills referred to in Paragraph (h) of the Preamble and is as accessible as possible to the People.
6. DECLARATION OF LOYALTY TO BOUGAINVILLE.
(2) A person appointed to an office established by this Constitution or as otherwise required by a Bougainville law, shall, before entering upon the duties or exercising any of the powers of his office, make the Declaration of Loyalty to Bougainville.
(3) A Declaration of Loyalty to Bougainville shall be made before a Judge of the Bougainville High Court, a Judge of the National Court or a Magistrate.
7. BOUGAINVILLEAN.
(a) who is a member (whether by birth or by adoption according to custom by the clan lineage) of a Bougainvillean clan lineage (matrilineal or patrilineal) owning customary land in Bougainville; or
(b) who is married (whether by law or custom) to a person to whom Paragraph (a) applies; or
(c) who is a child one of whose parents is a Bougainvillean by virtue of Paragraph (a),
is a Bougainvillean.
(2) A Bougainville law, made by an absolute majority vote, may make provision for the alleviation of special cases of injustice or hardship or disadvantage arising as a result of the application of Subsection (1)(c).
(3) For the purposes of Subsection (1)(a), a person who was not born in Bougainville, or who is not of Bougainvillean descent or who is a non-citizen may be adopted as a member of a Bougainville clan according to custom.
(4) A Bougainville law, made by an absolute majority vote, shall make provision for all or any matters relation to this section including –
(a) the nature of providing evidence of customary practices; and
(b) the nature of providing evidence of birth outside Papua New Guinea; and
(c) all matters relevant to the consequences of dissolution of a marriage involving a person to whom Subsection (1) refers; and
(d) all other matters arising from the provisions of this section.
8. OWNERSHIP OF CUSTOMARY LAND AND ELECTIONS.
(a) in accordance with custom, may own customary land in Bougainville; and
(b) who is a citizen, may be a candidate in any election to the House of Representatives and any other elected body established by or under this Constitution; and
(c) who is a citizen, may vote in any election referred to in Paragraph (b).
(2) A Bougainville law, made by an absolute majority vote, may make provision for a citizen, who is not eligible under Subsection (1)(b) to be a candidate for election or who is not eligible under Subsection (1)(c) to vote, but who has such residential or other qualifications as are set out in the law, to be a candidate for election or to vote.
9. OBLIGATIONS OF A BOUGAINVILLEAN.
(a) to be loyal to Bougainville and to protect its well-being; and
(b) to uphold all Christian and similar moral and spiritual principles; and
(c) to promote reconciliation and healing throughout Bougainville; and
(d) to respect, to act in the spirit of, to uphold and to defend this Constitution; and
(e) to engage in gainful work for the good of himself, his family and the common good; and
(f) to contribute to the well-being of the community where that Bougainvillean lives; and
(g) to promote responsible parenthood; and
(h) to live in harmony with others; and
(i) to promote democracy and the rule of law; and
(j) to protect and manage the land and to protect the environment and his culture; and;
(k) as a child, to obey his parents.
(2) The provisions of Subsection (1) are non-justiciable.
PART 2. – SCHEDULES REPEATING CERTAIN PROVISIONS OF NATIONAL CONSTITUTIONAL LAWS.
10. SCHEDULES REPEATING CERTAIN PROVISIONS OF NATIONAL CONSTITUTIONAL LAWS.
(a) set out certain provisions of National Constitutional Laws which implement parts of the Bougainville Peace Agreement; and
(b) are included in this Constitution for ease of reference only; and
(c) shall, where any amendment to the National Constitutional Laws in respect of those provisions is made by the National Parliament in accordance with Division XIV.9 (Miscellaneous) of the National Constitution, be deemed to be amended accordingly; and
(d) shall not otherwise be amended.
(2) The Schedules to this Constitution which set out certain provisions of National Constitutional Laws which implement parts of the Bougainville Peace Agreement are as follows: –
(a) Schedule 3 (the boundaries of Bougainville Province specified in the Schedule to the Organic Law on Provincial Boundaries);
(b) Schedule 4 (National Constitution provisions relating to functions and powers of the Autonomous Bougainville Government);
(c) Schedule 6.1 (National Constitution provisions relating to immunity from prosecution);
(d) Schedule 7 (National Constitution provisions relating to the Bougainville Referendum);
(e) Schedule 8 (National Constitution provisions relating to intergovernment relations and review);
(f) Schedule 9 (Transitional provisions in the Organic Law on Peace-Building in Bougainville – Autonomous Bougainville Government and Bougainville Referendum).
PART 3. – BOUGAINVILLE OBJECTIVES AND DIRECTIVE.
11. PROVISIONS OF THIS PART NO-JUSTICIABLE.
12. IMPLEMENTATION OF OBJECTIVES.
(a) in applying or interpreting this Constitution; and
(b) in making and in implementing policy decisions; and
(c) in making laws,
but always so as to be in compliance with the Bougainville Peace Agreement as implemented in Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution.
(2) The President shall, at least once in each year, report to the House of Representatives on all steps taken to ensure the realization of the Bougainville Objectives and Directive Principles, and the House of Representatives shall thereafter debate on the report and in so doing should seek to identify ways in which implementation by the Autonomous Bougainville Government might be made more effective.
13. STRENGTHENING OF CUSTOMARY AUTHORITY.
(2) The roles, responsibilities and authority of traditional chiefs and other traditional leaders shall be recognized at all levels of government.
(3) The family and the clan shall be recognized as the natural and basic units of Bougainville society.
(4) The customary system of justice in Bougainville based on the restoration of peace through the restoration of harmony in relationships between people shall be recognised and reinforced to the extent not contrary to Christian principles.
14. DEMOCRATIC PRINCIPLES.
(2) All Bougainvilleans shall have the opportunity to attain leadership positions at all levels subject to this Constitution and customary practices.
(3) The Autonomous Bougainville Government shall devolve governmental functions and powers to the People at appropriate levels and particularly to customary communities.
(4) The composition of the Autonomous Bougainville Government shall be broadly representative of the Bougainville community.
(5) The Autonomous Bougainville Government shall develop procedures to enable consultation with all people in Bougainville, as far as is practicable, in relation to proposed major new Bougainville laws.
15. PURSUIT OF PEACE REHABILITATION, RECONCILIATION AND HARMONY.
(2) There shall be established and encouraged institutions and procedures for the promotion of mediation, reconciliation and harmony and the avoidance and resolution of conflicts.
(3) All people in Bougainville –
(a) shall not be involved in any para-military activities; and
(b) shall work towards ensuring that Bougainville is free of all firearms and of crime.
(4) The Autonomous Bougainville Government shall strive to ensure that Bougainville is not used in any way to support terrorism or money-laundering or other trans-national crimes and no people in Bougainville should support or assist terrorism or money-laundering or other trans-national crimes.
(5) Rehabilitation for persons who suffered from injuries and trauma and dislocation during the Bougainville conflict shall be encouraged.
(6) When planning their activities in Bougainville, Bougainville governmental bodies and non-governmental bodies and investors shall be encouraged to take account of the need for rehabilitation of persons who suffered from injuries and trauma and dislocation during the Bougainville conflict.
16. UNITY AND STABILITY OF BOUGAINVILLE.
(2) Every effort will be made to integrate all the communities in Bougainville while recognising and respecting cultural diversity.
(3) Everything shall be done to promote among all people in Bougainville a culture of co-operation, understanding, appreciation, tolerance and respect for different customs, traditions and beliefs.
(4) The Autonomous Bougainville Government shall provide a peaceful, secure and stable political environment for economic and social development.
17. AUTONOMY AND TERRITORIAL INTEGRITY OF BOUGAINVILLE.
(2) The Autonomous Bougainville Government and all people in Bougainville shall endeavour to strengthen political, economic and social spheres to avoid undue dependence on places and institutions outside Bougainville.
(3) The Autonomous Bougainville Government shall encourage self-sufficiency and to this end shall encourage the creation of economic opportunities for Bougainvilleans.
(4) The Autonomous Bougainville Government shall endeavour to mobilise, organize and empower all people in Bougainville to build self-reliant foundations for the development of Bougainville.
18. ASSISTANCE TO INSTITUTIONS PROTECTING AND SUPPORTING HUMAN RIGHTS, ETC.
(2) The Autonomous Bougainville Government shall guarantee and respect the independence of non-governmental organizations which protect, promote and advance human rights.
19. FAIR REPRESENTATION OF WOMEN AND MARGINALIZED GROUPS.
20. WELFARE OF WINDOWS, CHILDREN, ORPHANS, THE AGED AND THE DISABLED.
21. PROVISION OF ADEQUATE RESOURCES FOR GOVERNMENT.
22. GENERAL SOCIAL AND ECONOMIC OBJECTIVES.
(a) all governmental efforts are directed at ensuring the maximum social, cultural and spiritual well-being of all people in Bougainville; and
(b) all people in Bougainville enjoy rights and opportunities and access to education, health services, clean and safe water, work, decent shelter, adequate clothing and food security.
23. THE LAND AND NATURAL RESOURCES.
(2) The utilization of the land and the sea and natural resources of Bougainville shall be managed in such a way as to meet the development and environmental needs of present and future generations of the People of Bougainville and the Autonomous Bougainville Government shall take all possible measures to prevent or minimize damage and destruction to land, seas, air and water resources from pollution or other causes.
24. DEVELOPMENT.
(2) The Autonomous Bougainville Government and all other levels of government, formal and informal, shall take all necessary steps to involve all people in Bougainville in the identification of their real development needs and the formulation and implementation of development plans and programmes which affect them, and all people in Bougainville shall support such plans and programmes and shall, where necessary, make land available for the provision of services and other development purposes.
(3) The Autonomous Bougainville Government shall –
(a) adopt an integrated and co-ordinated planning approach to development; and
(b) take necessary measures to bring about appropriate balanced development of the different areas of Bougainville; and
(c) take special measures in favour of the development of the least developed areas.
(4) The Autonomous Bougainville Government shall –
(a) give priority to the enactment of legislation to establish measures to protect and enhance the quality of opportunity for all people in Bougainville to equal opportunities in development; and
(b) adopt policies to stimulate appropriate development.
(5) The Autonomous Bougainville Government shall develop procedures to enable Bougainvilleans likely to be affected by a proposed major development project to be consulted by the Autonomous Bougainville Government and by the developer before a decision on the establishment of the project is made.
25. HUMAN RESOURCE DEVELOPMENT.
26. TRANSPORT INFRASTRUCTURE.
27. THE ENVIRONMENT AND CONSERVATION.
(2) The Autonomous Bougainville Government shall promote and implement energy policies that will ensure that the basic needs of all people in Bougainville and those of environmental preservation are met.
(3) The Autonomous Bougainville Government shall pursue protection of the environment and the restoration of damage caused by mining operations and other major resource projects.
(4) The Autonomous Bougainville Government shall ensure protection of the flora and fauna of Bougainville.
28. RECOGNITION OF THE ROLE OF WOMEN IN BOUGAINVILLE SOCIETY.
29. CHILDREN AND YOUTH AS THE FUTURE OF BOUGAINVILLE.
30. RECOGNITION OF THE DIGNITY OF PERSONS WITH DISABILITIES.
31. MUSIC, THE ARTS AND SPORTS.
32. EDUCATION OBJECTIVES.
(a) universal primary, secondary, and adult education; and
(b) the provision, from elementary and primary level, of the widest possible range of technical education (relevant to the needs of Bougainville from time to time); and
(c) appropriate levels of tertiary education, of the highest possible standard, and directed to enable all students to participate fully in the lives of the Bougainville communities to which they belong, and in pursuing those objectives, the Autonomous Bougainville Government should work in partnership with other bodies involved in the provision of education services in Bougainville.
(2) One of the aims of the education system should be to ensure that all children, throughout the primary and secondary levels of education, are taught to read and write in their vernacular and are taught about their own culture.
(3) The Autonomous Bougainville Government shall consult on an ongoing basis with traditional chiefs, other traditional leaders and other community leaders about the development and effectiveness of the curriculum in all levels and kinds of education.
33. MEDICAL SERVICES AND HEALTH CARE.
(a) to promote primary health care; and
(b) to pursue universal health care of the highest standard; and
(c) to ensure the provision of basic medical services to the population; and
(d) to promote water and sanitation management systems at all levels; and
(e) to encourage people to grow and store adequate food; and
(f) to encourage and promote proper nutrition, particularly for the young and the people of the Atolls, through mass education and other means; and
(g) to recognize herbal medicines,
and in pursuing those objectives, the Autonomous Bougainville Government should work in partnership with other bodies involved in the pursuit of those objectives in Bougainville.
34. HIV/AIDS.
35. PARTNERSHIP WITH CHURCHES, LOCAL NON-GOVERNMENT ORGANISATIONS AND OTHER ORGANISATIONS.
(2) The Autonomous Bougainville Government should maintain and develop a close relationship with the business sector in the development of the economy and of employment opportunities in Bougainville.
36. NATURAL DISASTERS.
37. CULTURAL OBJECTIVES.
(2) The development, preservation and enrichment of all Bougainville languages shall be encouraged.
(3) Historical and ancestral sites, significant artefacts and Bougainville’s heritage shall be preserved and protected.
38. ACCOUNTABILITY.
(2) All persons in positions of leadership and responsibility are, in their work, answerable to the People in accordance with law.
(3) The Autonomous Bougainville Government shall take all lawful measures to ensure accountability in Government and to expose and eradicate corruption and abuse or misuse of power.
39. RIGHTS OF WORKERS AND EMPLOYEES.
PART 4. – STRUCTURE OF GOVERNMENT.
Division 1.
General.
40. STRUCTURE AND LEVELS OF GOVERNMENT.
(a) the Autonomous Bougainville Government in accordance with Division 2 (Autonomous Bougainville Government); and
(b) a level or levels of formal government below the level of the Autonomous Bougainville Government in accordance with Division 3 (other levels of formal government); and
(c) the traditional system of government in accordance with Division 4 (traditional system of government).
Division 2.
Autonomous Bougainville Government.
41. AUTONOMOUS BOUGAINVILLE GOVERNMENT.
(a) the Bougainville Peace Agreement as implemented in Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution; and
(b) this Constitution,
the power, authority and jurisdiction of the People of Bougainville shall be exercised, on behalf of the People, by the Autonomous Bougainville Government.
(2) The Autonomous Bougainville Government consists of three principal arms, namely –
(a) the Bougainville Legislature consisting of the House of Representatives as established under Section 55 (establishment and composition of the House of Representatives); and
(b) the Bougainville Executive Council, for which provision is made in Part 6 (the Bougainville Executive); and
(c) the Bougainville Courts, for which provision is made in Part 9 (Administration of Justice),
and such other institutions as are established by or under this Constitution.
(3) In principle, the respective powers and functions of the three principal arms shall be kept separate from each other.
(4) Subsection (3) is descriptive only and is non-justiciable.
42. FUNCTIONS AND POWERS OF THE AUTONOMOUS BOUGAINVILLE GOVERNMENT.
(2) The Autonomous Bougainville Government may establish such institutions as are necessary to enable it to fulfil its functions and exercise its powers.
43. FACTORS TO BE CONSIDERED BY AUTONOMOUS BOUGAINVILLE GOVERNMENT BEFORE REQUESTING A TRANSFER OF A FUNCTION OR POWER, ETC.
(a) initiating the procedure for the transfer of a function or power under Section 295(b) (process of transfer of functions and powers) of the National Constitution; or
(b) making legislative provision for plebiscites under Section 195 (consultation through plebiscite); or
(c) conducting a plebiscite under Section 195 (consultation through plebiscite); or
(d) making legislative provision for participation in, and poll for, law-making under Section 196 (participation in, and poll for, law-making); or
(e) engaging in the consultation to be carried out under Section 196(2)(c) (participation in, and poll for, law-making) following the making of a proposal to make a law; or
(f) establishing an institution or office (including a Bougainville Government Service) left by this Constitution to the discretion of the House of Representatives (including the duty imposed on the Autonomous Bougainville Government by Section 192 (provision of facilities, etc.,) to ensure that staff and facilities are provided to Bougainville Constitutional Institutions and Bougainville Constitutional Office-holders); or
(g) the appointment, under Section 83 (appointment of other members), of members of the Bougainville Executive Council referred to in Section 80(1)(f) (membership of the Bougainville Executive Council); or
(h) the establishment of a system of assessors under Section 136(a) (juries and assessors); or
(i) the establishment of a system of juries under Section 136(b) (juries and assessors),
the Autonomous Bougainville Government shall –
(j) consider the relative importance to the People of Bougainville of the issue in question; and
(k) consider the need for the Autonomous Bougainville Government to achieve fiscal self-reliance as soon as possible; and
(l) consider the need to promote economic development so as to accelerate the achievement of fiscal self-reliance and promote the well-being of the People of Bougainville; and
(m) consider the desire of the People of Bougainville for a peaceful and harmonious society; and
(n) consider the need to develop the capacity of the administration of the Autonomous Bougainville Government to the point at which it can manage effectively the widest possible range of powers, functions, plebiscites and polls for the betterment of the lives of the People of Bougainville; and
(o) consider the need to promote reconciliation and healing following the Bougainville conflict; and
(p) consider the possible role of traditional chiefs and other traditional leaders in relation to the issue in question; and
(q) consider whether offices in an institution or office referred to in Paragraph (f) should be filled on a part-time or full-time basis.
(2) The question as to whether the matters referred to in Subsection (1)(i) to (q) have been considered or taken account of fully, as the case may be, is non-justiciable.
(3) Where a proposal to effect the matters referred to in Subsection (1)(b), (d), (f), (g), (h) or (i) is initiated –
(a) by the Bougainville Executive Council – the proposal shall be accompanied by a statement of the estimated needs, costs, capacity and other resource requirements as specified in Subsection (1)(i) to (q); or
(b) by a member of the House of Representatives – the proposal shall not be considered until the presentation of a statement (which shall be provided, on the request of the member, by the Autonomous Bougainville Government, within a time specified in a Bougainville law) of the estimated needs, cost, capacity and other resource requirements as specified in Subsection (1)(i) to (q).
(4) The provisions of this section are in addition to, and do not derogate from, the provisions of Division XIV.3 (division of functions and powers between National Government and Bougainville Government and transfer of functions and powers to Bougainville Government) of the National Constitution.
44. LAND MATTERS.
(a) as far as is practicable, recognise the roles of traditional chiefs, other traditional leaders and owners of customary land in relation to customary land matters; and
(b) as far as is practicable, incorporate customary practices and norms into the development and implementation of land law in Bougainville; and
(c) formulate strategies in relation to alienated land; and
(d) provide for records of land ownership; and
(e) provide for the protection of the customary powers of heads of matrilineal and patrilineal societies and of customary owners in relation to customary land.
(2) In developing a land policy under Subsection (1), the Autonomous Bougainville Government shall ensure that its proposals comply with Section 53 (protection from unjust deprivation of property) of the National Constitution.
45. CRIMINAL LAW.
(a) take full account of and encourage continued reliance on the roles of traditional chiefs and other traditional leaders in resolving disputes and criminal matters at the village or local level; and
(b) incorporate customary practices and norms into the development and implementation of criminal law in Bougainville.
(2) In accordance with Paragraphs 128 to 130 of the Bougainville Peace Agreement, the Autonomous Bougainville Government and the National Government shall establish a joint commission to examine and report on the issues involved in giving the Autonomous Bougainville Government power to make laws permitting courts or Councils of Elders to require clan-groups, to which persons convicted of criminal offences belong, to meet customary non-custodial obligations, and such commission shall have full regard for –
(a) the aspiration of Bougainvilleans for the integration of custom and introduced law; and
(b) the national human rights regime; and
(c) the justice system in Bougainville and in Papua New Guinea as a whole; and
(d) the international human rights system and other relevant aspects of international law.
46. FOREIGN AFFAIRS.
(a) the attendance of a representative of Bougainville as an observer to meetings of regional organizations; or
(b) the inclusion of a representative nominated by the Autonomous Bougainville Government in National Government delegations to regional meetings and organizations of clear special interest to Bougainville; or
(c) the participation or direct engagement of the Autonomous Bougainville Government in the negotiation of international agreements of particular relevance to Bougainville; or
(d) the participation or engagement by Bougainville in international cultural exchanges and in trade, investment, tourism promotion and sport at international level; or
(e) the obtaining, by or on behalf of the Autonomous Bougainville Government, of foreign aid to support restoration and development in Bougainville,
it shall consult with the National Government in accordance with the Bougainville Peace Agreement.
47. FISHERIES.
(a) develop a policy or policies for developing and managing fisheries in Bougainville; and
(b) agree with the National Government on the quota of domestic fishing licences for highly migratory and straddling fish stocks; and
(c) decide on the allocation of the agreed quota of domestic fishing licences for highly migratory and straddling fish stocks; and
(d) be responsible for the sustainable management of other fisheries in the Autonomous Region of Bougainville; and
(e) consult with the National Government in accordance with the Bougainville Peace Agreement to be represented on –
(i) delegations negotiating access and other fisheries agreements regarding; and
(ii) bodies responsible for determining total allowable catches, licence numbers and reservation of licences for domestic fisheries in,
Bougainville waters and within the Exclusive Economic Zone and the continental shelf associated with Bougainville.
48. UNDERLYING LAW.
(2) A Bougainville law may –
(a) declare what constitutes the underlying law of the Autonomous Region of Bougainville; and
(b) provide for the development of the underlying law of the Autonomous Region of Bougainville,
and the underlying law referred to in Subsection (1) shall be modified or re-affirmed or developed accordingly.
Division 3.
Other levels of formal Government.
49. OTHER LEVELS OF FORMAL GOVERNMENT.
(2) The Councils of Elders in existence immediately before the coming into operation of this Constitution are recognized by this Constitution as a level of formal government below the level of the Autonomous Bougainville Government.
(3) In developing a level or levels of formal government under Subsection (1), the Bougainville Executive Council shall take into account the methods of government which will best serve the People of Bougainville and the variations in circumstances and needs in various parts of Bougainville.
(4) In principle, the following factors shall apply to and in respect of a level or levels of formal government below the level of the Autonomous Bougainville Government: –
(a) formal governments shall be mainly elective, but shall recognize the traditional role in governance of traditional chiefs and other traditional leaders;
(b) the principles of fiscal self-reliance shall apply to all levels of formal government;
(c) revenue-raising powers shall be given to all levels of formal government;
(d) judicial powers shall be vested in all levels of formal government;
(e) where appropriate and practicable, traditional systems of governance shall be incorporated into levels of formal government.
(5) The Autonomous Bougainville Government shall strive to ensure and encourage communication and co-operation between –
(a) itself and all levels of formal government below the level of the Autonomous Bougainville Government; and
(b) all levels of formal government below the level of the Autonomous Bougainville Government,
and to this end shall hold an annual conference of the Heads of all levels of formal Governments.
50. REGIONAL GOVERNMENT.
(a) North Region;
(b) Central Region;
(c) South Region,
and may thereafter divide the level of Regional Government into further Regions.
(2) The questions whether, under Subsection (1), it is financially practicable and possible to develop a level of Regional Government, are non-justiciable.
(3) The level of Regional Government shall be provided for by amendment of this Constitution or by a Bougainville law (or partly by amendment of this Constitution and partly by a Bougainville law).
(4) Amendment of this Constitution or a Bougainville law shall provide –
(a) that the procedures to establish a Regional Government for a Region shall be initiated by a request made to the Bougainville Executive Council by a majority of the members of the House of Representatives representing constituencies in that Region; and
(b) that on the receipt of a request under Paragraph (a), the Bougainville Executive Council and the members of the House of Representatives representing constituencies in that Region shall –
(i) jointly consider –
(A) the financial capacity of the region; and
(B) the powers and functions drawn down from the National Government; and
(C) the impact which the establishment of the Regional Government would have on Bougainville as a whole; and
(ii) jointly decide whether there should be a Regional Government for the Region; and
(c) make provision for the establishment, powers and functions of a Regional Government.
Division 4.
Traditional Systems of Government.
51. TRADITIONAL SYSTEMS OF GOVERNMENT.
(2) The roles and responsibilities of traditional chiefs and other traditional leaders referred to in Subsection (1) include matters relating to customary land, preservation of the environment, family matters, dispute resolution and the maintenance of peace and good order.
(3) The Autonomous Bougainville Government shall support and assist traditional chiefs and other traditional leaders in developing understanding of their roles, responsibilities and powers and the skills necessary for effective and responsible exercise of those roles, responsibilities and powers in the interest of their communities.
(4) The Autonomous Bougainville Government, in consultation with representatives of traditional chiefs and other traditional leaders, shall assist traditional chiefs and other traditional leaders in identifying their powers and obligations and by making laws in that regard to the extent that such matters need to be dealt with by law.
(5) In particular, the roles of traditional chiefs, other traditional leaders and traditional practices shall be recognized in relation to the following provisions of this Constitution: –
(a) Section 13 (strengthening of customary authority);
(b) Section 20 (welfare of widows, children, orphans, the aged and the disabled);
(c) Section 37 (cultural objectives);
(d) Section 43(1)(p) (factors to be considered by Autonomous Bougainville Government before requesting a transfer of a power or function);
(e) Section 44 (land matters);
(f) Section 45 (criminal law);
(g) Section 49(2), 49(4)(a) and (e) (other levels of formal government);
(h) Section 52 (Advisory Body);
(i) Section 115(2) (alternative dispute resolution);
(j) Section 121(1)(c) and (6) (Bougainville Judicial Appointments Committee);
(k) Section 126(2) (establishment of other courts);
(l) Section 136(a)(i) (juries and assessors);
(m) Section 148(2)(d) (Bougainville Police Service);
(n) Section 153(1)(e)(i) (general principles relating to finances and financial management);
(o) Section 165(4)(b) (the Bougainville Ombudsman);
(p) Section 170 (customary standards of leadership);
(q) Section 186 (customary methods of dealing with human rights abuses);
(r) Section 187(2) (issues arising from the Bougainville conflict);
(s) Section 198 (general approach to certain emergencies);
(t) Section 217(4)(b) and (5)(b)(ii) (requirements for amendment of Part XIV (Bougainville Government and Bougainville Referendum) of National Constitution, etc.,);
(u) Section 218(1)(a)(iii) (National Constitutional Regulations);
(v) Section 219(4)(b) (making of alterations to this Constitution)
(6) It is the duty of all levels of government in Bougainville and of all Bougainville governmental bodies and of officers of such levels of government and governmental bodies and of Bougainville Constitutional Office-holders to ensure, as far as is within their respective powers, compliance with this section.
52. ADVISORY BODY.
(2) The date referred to in Subsection (1) shall be a date after –
(a) the efforts by the Autonomous Bougainville Government to achieve fiscal self-reliance have progressed to the point where the establishment of an Advisory Body by the Autonomous Bougainville Government is sustainable; and
(b) arrangements for the organization of selection of representatives of traditional chiefs and other traditional leaders have been made that will facilitate the establishment of the Advisory Body.
(3) The principal functions of the Advisory Body shall be to advise the Bougainville Executive Council and the House of Representatives on –
(a) matters of importance referred to it by the House of Representatives or by the Bougainville Executive Council or considered by the Advisory Body on its own initiative; and
(b) matters concerning proposed or desirable change to this Constitution; and
(c) the roles of Bougainville custom and customary leadership.
(4) The Bougainville law referred to in Subsection (1) shall provide for the name, composition, manner of election or appointment, qualifications for and disqualifications from membership of and powers and other functions of the Advisory Body.
(5) A Bougainville law may make provision for matters relating to the Advisory Body other than those specified in Subsection (4).
(6) The Advisory Body shall not comprise part of the Bougainville legislature.
PART 5. – THE BOUGAINVILLE LEGISLATURE.
Division 1.
General.
53. BOUGAINVILLE LEGISLATURE.
54. EXERCISE OF LEGISLATURE.
(2) A Bougainville law may confer on an authority, other than the House of Representatives, legislative powers or functions.
(3) Nothing in this Constitution enables the House of Representatives to transfer permanently, or divest itself of, legislative power.
Division 2.
House of Representatives.
55. ESTABLISHMENT AND COMPOSITION OF THE HOUSE OF REPRESENTATIVES.
(2) The House of Representatives consists of –
(a) the President of the Autonomous Region of Bougainville; and
(b) other members being: –
(i) for the first general election of members of the House of Representatives, 33 directly elected members, and thereafter not more than 38 nor less than 28 members, each representing a single member constituency in accordance with Section 105 (constituencies); and
(ii) three women members, each representing a constituency for a separate Region (North, Central and South), elected to represent the interests of the women of the Region; and
(iii) subject to Subsection (5), three former combatant members, each representing a constituency for a separate Region (North, Central and South), qualified for nomination as such –
(A) in respect of the first election to the House of Representatives, in accordance with Section 58(1)(d) (mode of nomination) of Schedule 10 (electoral provisions relating to the first general election of President of the Autonomous Region of Bougainville and of members of the House of Representatives) to this Constitution; and
(B) for subsequent elections to the House of Representatives, in accordance with the Bougainville law referred to in Section 106(4) (Bougainville Electoral Commissioner and elections generally),
elected to represent the interests of former combatants in the Region; and
(iv) the Speaker in accordance with Section 60(4) (Speaker).
(3) Elected members of the National Parliament representing electorates in Bougainville are entitled to attend meetings of the House of Representatives and to take part in debate and proceedings in the same way as members of the House of Representatives but –
(a) may not introduce motions; and
(b) may not vote on any matter; and
(c) shall not be counted towards a quorum.
(4) No member of the House of Representatives shall represent two or more constituencies at the same time.
(5) Membership of the former combatants’ representatives of the House of Representatives under Subsection (2)(b)(iii) shall apply only until –
(a) the passing of a motion in accordance with Subsections (6) and (7); or
(b) the holding of the Bougainville Referendum in accordance with Division XIV.7 (Bougainville Referendum) of the National Constitution; or
(c) a decision in accordance with Part 17 (Bougainville Referendum) of this Constitution that the Bougainville Referendum shall not be held.
(6) The Autonomous Bougainville Government shall, before the end of the first term of the House of Representatives, in consultation with the former combatants’ Association, review the membership of former combatants’ representatives in the House of Representatives under Subsection (2)(b)(iii) and such membership shall not continue beyond that term where a motion, by the House of Representatives following such review, to the effect that such membership shall not continue beyond the end of that first term, has been passed by the House of Representatives by a two-thirds absolute majority vote.
(7) Where a motion has not been passed in accordance with Subsection (6), the Autonomous Bougainville Government shall, before the end of the second term of the House of Representatives (and before the end of any subsequent term of the House of Representatives during which former combatants’ representatives retain membership in the House of Representatives under Subsection (2)(b)(iii), in consultation with the former combatants’ Association, review the membership of former combatants in the House of Representatives under Subsection (2)(b)(iii) and such membership shall not continue beyond that term where a motion, by the House of Representatives following such review, to the effect that such membership shall not continue beyond the end of that term, has been passed by the House of Representatives by a two-thirds absolute majority vote.
(8) In Subsections (6) and (7), “former combatants’ Association” means the registered Association (by whatever name known) of former combatants of the Bougainville Revolutionary Army and of the Bougainville Resistance Force and of the Me’ekamui Defence Force, recognized by a Bougainville law as the official former combatants’ Association.
(9) A person who is, in accordance with Section 110 (right to vote) entitled to vote in an election of the President or of a member or members of the House of Representatives, is, subject to the provisions of the Bougainville law referred to in Section 106(4) (Bougainville Electoral Commissioner and elections generally) and Section 109 (form of elections) or of Schedule 10 (electoral provisions relating to the first general election of President of the Autonomous Region of Bougainville and of members of the House of Representatives) entitled to vote in an election for –
(a) the President; and
(b) a member referred to in Subsection (2)(b)(i); and
(c) a woman member referred to in Subsection (2)(b)(ii); and
(d) subject to Subsection (5), a former combatant member referred to in Subsection (2)(b)(iii).
56. QUALIFICATIONS FOR AND DISQUALIFICATIONS FROM ELECTION.
(2) A candidate for election to the House of Representatives must be qualified to vote in elections to the House of Representatives.
(3) A candidate for election to the House of Representatives as a member referred to in Section 55(2)(b)(i) (establishment and composition of the House of Representatives) must be a Bougainvillean and –
(a) be a member of a clan lineage that holds land in the constituency for which he wishes to nominate; or
(b) have resided continuously in that constituency for at least five years immediately prior to nomination; or
(c) have been born in that constituency.
(4) A candidate for election to the House of Representatives under Section 55(2)(b)(ii) (establishment and composition of the House of Representatives) must be a woman and be a Bougainvillean and –
(a) be a member of a clan lineage that holds land in the Region (North, Central or South) of Bougainville for which she intends to nominate; or
(b) have resided continuously in that Region for at least five years immediately prior to nomination.
(5) A candidate for election to the House of Representatives under Section 55(2)(b)(iii) (establishment and composition of the House of Representatives) must be a Bougainvillean and a former combatant (as that term is defined in Schedule 2 (meaning of certain expressions) to this Constitution and –
(a) be a member of a clan lineage that holds land in the Region (North, Central or South) of Bougainville for which he intends to nominate; or
(b) have resided continuously in that Region for at least five years immediately prior to nomination,
and have his nomination supported in accordance with Section 58(1)(d) (mode of nomination) of Schedule 10 (electoral provisions relating to the first general election of President of the Autonomous Bougainville Government and members of the House of Representatives) or with the Bougainville law referred to in Section 106 (Bougainville Electoral Commissioner and elections generally).
(6) A person is not qualified to be a candidate for election, or to continue to be a candidate for election, referred to in Subsection (3), (4) or (5) if he has nominated in an election to be held at the same time, as a candidate –
(a) referred to in any other of these Subsections; or
(b) for the office of President.
(7) A person is not qualified to be, or to remain a member of the House of Representatives if –
(a) he or she is not entitled to vote in elections to the House of Representatives; or
(b) he or she is of unsound mind within the meaning of any law relating to the person and property of persons of unsound mind; or
(c) subject to Subsections (8) to (11) (inclusive), he or she is under sentence of death or imprisonment for a period exceeding three months; or
(d) he or she has been declared bankrupt by a court of competent jurisdiction and remains bankrupt.
(8) Where a person is under sentence of death or imprisonment for a period exceeding three months, the operation of Subsection (7)(c) is suspended until –
(a) the end of any statutory period allowed for appeals against the conviction or sentence; or
(b) if an appeal is lodged within the period referred to in Paragraph (a), the appeal is determined.
(9) The references in Subsection (8) to appeals and to the statutory period allowed for appeals shall, where there is provision for a series of appeals, be read as references to each appeal and to the statutory period allowed for each appeal.
(10) If a free pardon is granted, a conviction is quashed or a sentence is changed to a sentence of imprisonment for three months or less, or some other form of penalty (other than death) is substituted, the disqualification ceases, and if at the time of the pardon, quashing, change of sentence or substitution of penalty –
(a) the writ for the by-election has been issued - the member is not restored as a member of the House of Representatives and the by-election proceeds according to law; or
(b) the writ for the by-election has not been issued-the member is restored as a member of the House of Representatives.
(11) In this section –
“appeal” includes any form of judicial appeal or judicial review;
“free pardon” means a free pardon granted under Section 151 (grant of pardon, etc.,) of the National Constitution;
“statutory period allowed for appeals” means a definite period allowed by law for appeals, whether or not it is capable of extension, but does not include an extension of such a definite period granted or that may be granted unless it was granted within that definite period.
(12) Nothing in this section is intended to reduce any right conferred by Section 50 (right to vote and stand for public office) of the National Constitution, but it is the considered opinion of the People of Bougainville, expressed through the Bougainville Constitutional Commission and the Bougainville Constituent Assembly, that any restrictions imposed by this section are reasonable and are reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
57. NORMAL TERM OF OFFICE.
(2) The seat of a member of the House of Representatives becomes vacant –
(a) upon the expiry of the day fixed for the return of the writs for the general elections after he last became a member of the House of Representatives; or
(b) if he resigns his seat by notice in writing to the Speaker; or
(c) if he is absent, without leave of the House of Representatives, during the whole of three meetings of the House of Representatives, unless the House of Representatives decides to waive this rule upon satisfactory reasons being given; or
(d) if, except as authorized by this Constitution or a Bougainville law, he directly or indirectly agrees to take any payment in respect of his services in the House of Representatives; or
(e) if he becomes a member of or a candidate for election or appointment to, the National Parliament; or
(f) if he becomes a person who is disqualified under Section 56 (qualifications for and disqualifications from election) from election to the House of Representatives; or
(g) if he is dismissed from office under Part 13 (Leadership Code); or
(h) if he is recalled in accordance with Section 58 (recall of member of the House of Representatives); or
(i) on his death.
(3) For the purposes of Subsection (2)(c), a meeting of the House of Representatives –
(a) commences when the House of Representatives first meets following:–
(i) a general election; or
(ii) adjournment of the House of Representatives for a period exceeding 12 days; and
(b) ends when the House of Representatives –
(i) is adjourned for a period exceeding 12 days; or
(ii) adjourns for the last time before a Bougainville general election.
58. RECALL OF MEMBER OF THE HOUSE OF REPRESENTATIVES.
(2) Recall of a member shall be initiated by the presentation to the Bougainville Electoral Commissioner of a petition for recall signed by at least one third of the enrolled voters for the constituency which the member represents, stating the reasons for the recall of the member.
(3) A petition under Subsection (2) for recall of a member shall not be presented –
(a) within 15 months following the day fixed for the return of the writs in the election at which that member was last elected; or
(b) within one year preceding the fifth anniversary of the day referred to in Paragraph (a); or
(c) during the term of office of the House of Representatives during which a petition for recall of that member has already been presented.
(4) On receipt of a petition under Subsection (2), the Bougainville Electoral Commissioner shall ascertain that –
(a) the petition is not banned under Subsection (3); and
(b) it has been signed by at least one third of the enrolled voters for the constituency.
(5) Where the Bougainville Electoral Commissioner is satisfied that the petition –
(a) is not banned under Subsection (3); and
(b) has been signed by at least one third of the enrolled voters for the constituency,
he shall conduct simultaneously two polls in the constituency –
(c) one as to whether or not the member should be recalled; and
(d) one being a by-election for that constituency.
(6) The Bougainville Electoral Commissioner shall first determine the result of the poll under Subsection (5)(c) and –
(a) where more than one half of the enrolled voters in the constituency vote in favour of the recall of the member – determine that the member is recalled; or
(b) where not more than one half of the enrolled voters in the constituency vote in favour of the recall of the member – determine that the member is not recalled.
(7) Where –
(a) the member is determined under Subsection (6)(a) to have been recalled, the Bougainville Electoral Commissioner shall determine the result of the by-election under Subsection (5)(d) and shall declare the candidate who has received the largest number of votes as the member for the constituency; or
(8) The member whose recall is the subject of a poll under Subsection (5)(c) is not qualified to stand for election in the by-election under Subsection (5)(d).
(9) A Bougainville law may make provision for matters relating to the recall of a member of the House of Representatives.
Division 3.
The Speaker and the Deputy Speaker.
59. OFFICES OF SPEAKER AND DEPUTY SPEAKER.
60. SPEAKER.
(a) until a Bougainville law made by an absolute majority vote provides otherwise, has attained the age of 40 years; and
(b) is not a member of the House of Representatives; and
(c) is qualified to nominate for election to the House of Representatives.
(2) The Speaker shall be appointed by a vote of the House of Representatives in accordance with the Standing Orders from among persons nominated by the Regional Committees of the House of Representatives, established by Section 71(1)(b) (Committees).
(3) A Bougainville law or the Standing Orders may make provision relating to the nomination of a person for appointment as Speaker.
(4) Subject to any restrictions imposed by this Constitution, the Speaker is a member of the House of Representatives during his tenure of office as Speaker.
(5) Nothing in Subsection (1) is intended to reduce any right conferred by Section 50 (right to vote and stand for public office) of the National Constitution, but it is the considered opinion of the People of Bougainville expressed through the Bougainville Constitutional Commission and the Bougainville Constituent Assembly, that any restrictions imposed by this section are reasonable and are reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
61. REMOVAL FROM OFFICE OF SPEAKER.
(a) if he ceases to be qualified as Speaker under Section 60(1) (Speaker); or
(b) if he resigns from the office of Speaker by notice in writing to the President; or
(c) upon the day fixed for the return of the writs for the general election after he was appointed Speaker; or
(d) if the House of Representatives votes, by a three quarters absolute majority vote, that he be removed from office; or
(e) if he is dismissed from office under Part 13 (Leadership Code); or
(f) if he is of unsound mind within the meaning of any law relating to the person and property of persons of unsound mind; or
(g) if he has been declared bankrupt by a court of competent jurisdiction and remains bankrupt; or
(h) on his death.
62. DEPUTY SPEAKER.
63. FUNCTIONS OF THE DEPUTY SPEAKER AND DEPUTY SPEAKER.
(a) upholding the dignity of; and
(b) maintaining order in; and
(c) regulating the proceedings and administering the affairs of; and
(d) controlling the precincts of,
the House of Representatives.
(2) The Speaker shall, in accordance with Section 68 (meetings of the House of Representatives), a Bougainville law or the Standing Orders, call meetings of the House of Representatives.
(3) In the event of a vacancy in the office of Speaker or his absence from the House of Representatives, and otherwise as determined by a Bougainville law or the Standing Orders, the Deputy Speaker has all the rights, privileges, powers, functions, duties and responsibilities of the Speaker.
(4) A Bougainville law or the Standing Orders may provide for other powers, functions, duties and responsibilities of the Speaker and the Deputy Speaker.
64. VOTING BY THE SPEAKER.
(a) to break a tie, where there is an equality of votes on any matter; or
(b) where one vote is needed to constitute a majority vote greater than a simple majority vote required by this Constitution, a Bougainville law or the Standing Orders.
Division 4.
General Law-making powers of the House of Representatives.
65. GENERAL LAW-MAKING POWERS.
(2) In particular, Bougainville laws, consistent with this Constitution, may provide for all matters that are necessary or convenient to be prescribed for carrying out and giving effect to this Constitution.
(3) Each law made by the House of Representatives shall receive such fair, large and liberal interpretation as will best ensure the attainment of the object of the law according to its true intent, meaning and spirit.
66. CERTIFICATION AS TO MAKING OF LAWS, ETC.,.
(2) The Speaker shall give notification of laws certified under Subsection (1) in the Bougainville Gazette.
(3) Subject to Subsection (4), a law made by the House of Representatives comes into operation on the date of the certificate under Subsection (1).
(4) Nothing in Subsection (3) prevents a law –
(a) being expressed to come, or to be deemed to have come, into operation at a time specified by, or fixed in accordance with, a Bougainville law; or
(b) being retrospective or retroactive.
(5) The Speaker may certify such other matters relating to the procedures of the House of Representatives or its committees as are required by this Constitution.
67. RIGHT TO INTRODUCE NEW LAWS.
(2) The petition, question, bill, resolution, motion or matter shall be dealt with as provided by the Standing Orders.
(3) The Standing Orders may make provision for priority to be given to Bougainville Executive Council business at certain times or in certain circumstances.
Division 5.
Procedures, Privileges, etc., of the House of Representatives.
68. MEETINGS OF THE HOUSE OF REPRESENTATIVES.
(2) The House of Representatives shall meet at least once in every period of three months.
(3) Subject to Subsection (2) of this section, Section 5 (Autonomous Region of Bougainville capital), Section 63 (functions of the Speaker and Deputy Speaker), and the requirements of Part 19 (emergency procedures and powers) the time, place and date of meetings of the House of Representatives will be fixed by the House of Representatives on the motion of a Minister.
(4) A Bougainville law may make further provision in respect of the calling of meetings of the House of Representatives and may provide for meetings to be called on the request of members.
69. QUORUM AT MEETINGS.
(2) The Standing Orders shall make provision for the action to be taken in the event of a lack or a loss of quorum at any time.
70. VOTING IN THE HOUSE OF REPRESENTATIVES.
71. COMMITTEES.
(a) a Public Accounts Committee established by Section 160 (establishment of Public Accounts Committee); and
(b) a Regional Committee for each of the following Regions of Bougainville: –
(i) North;
(ii) Central;
(iii) South,
consisting of the elected members of the House of Representatives within the Region (or in the case of women members and former combatant members, for the Region); and
(c) such other committees as are determined by the House of Representatives from time to time.
(2) Subject to this Constitution, the House of Representatives shall make provision by a Bougainville law or the Standing Orders or otherwise, for the establishment, membership, jurisdiction, functions, powers and procedures of committees established under Subsection (1) and in particular for empowering such a committee to call for persons, papers and records.
(3) No member of the Bougainville Executive Council may be a member of a committee other than a Regional Committee under Subsection (1)(b).
(4) In principle, membership of committees under Subsection (1)(a) and (c) should be spread as widely as possible among members of the House of Representatives from the various Regions, other than members of the Bougainville Executive Council.
(5) For the purposes of Subsection (1)(b), a Bougainville law made by an absolute majority vote –
(a) shall, subject to Section 105(3) (constituencies), give details of the composition of the Regions; and
(b) shall make provision for altering the Regions or the number of Regions or the composition of the Regions and for such other matters relating to the Regions as may be necessary; and
(c) may provide for additional powers to be given to the Regional Committees.
72. STANDING ORDERS OF THE HOUSE OF REPRESENTATIVES.
73. PRIVILEGES, ETC., OF THE HOUSE OF REPRESENTATIVES.
(2) There shall be freedom of speech, debate and proceedings in the House of Representatives, and the exercise of those freedoms shall not be questioned in any court or in any proceedings whatever (otherwise than in proceedings in the House of Representatives).
(3) No member of the House of Representatives is subject to the jurisdiction of any court in respect of the exercise of his powers or the performance of his functions, duties or responsibilities as such, but this subsection does not affect the operation of Part 13 (Leadership Code).
(4) No member of the House of Representatives is liable to civil or criminal proceedings, arrest, imprisonment, fine, damages or compensation by reason of any matter or thing that he has brought by petition, question, bill, resolution, motion or otherwise, or has said before or submitted to the House of Representatives or a committee of the House of Representatives.
(5) No member of the House of Representatives or other person is liable to civil or criminal proceedings, arrest, imprisonment, fine, damages or compensation by reason of –
(a) an act done under the authority of the House of Representatives or under an order of the House of Representatives or of a committee of the House of Representatives; or
(b) words spoken or used, or a document or writing made or produced, under an order or summons made or issued under the authority of the House of Representatives or of a committee of the House of Representatives.
(6) The members of the House of Representatives are free from arrest for civil debt during meetings of the House of Representatives and during the period commencing two days before and ending two days after a meeting when they are travelling from their respective constituencies (or in the case of the Speaker the constituency in which he normally resides) to attend the meeting or are returning there from the meeting.
(7) No process issued by any court in the exercise of its civil jurisdiction shall be served or exercised through the Speaker or an officer of the House of Representatives, or within the precincts of the House of Representatives (as defined by or under a Bougainville law) while it is in session.
(8) The powers conferred by Section 65 (general law-making powers) extend to the making of laws –
(a) declaring further powers (other than legislative powers), privileges and immunities of the House of Representatives, and of its members and committees; and
(b) providing for the manner in which powers, privileges and immunities provided for by or under this section may be exercised or upheld.
(9) The powers and privileges conferred by or under this section do not and shall not include the power to impose or provide for the imposition of a fine, imprisonment, forfeiture of property or other penalty of a criminal nature, but this subsection does not prevent the creation of offences for the purpose of this section that are triable within the Bougainville Courts.
(10) For the purposes of this section, “member of the House of Representatives” includes the Speaker.
74. INTERNATIONAL AGREEMENTS.
(a) requests the agreement of the Autonomous Bougainville Government to the entering by the Independent State of Papua New Guinea into a proposed international border agreement which affects the jurisdiction of the Autonomous Bougainville Government; or
(b) is required to obtain the agreement of the Autonomous Bougainville Government to the entering by the Independent State of Papua New Guinea into a proposed treaty which has a purpose of altering the autonomy arrangements of the Autonomous Bougainville Government or which affects the jurisdiction of the Autonomous Bougainville Government.
(2) The President shall, within five sitting days of the House of Representatives after receipt by the Autonomous Bougainville Government of a request referred to in Subsection (1)(a) or for agreement referred to in Subsection (1)(b) –
(a) table particulars of the proposed international border agreement or treaty in the House of Representatives; and
(b) move a motion in the House of Representatives that the agreement of the Autonomous Bougainville Government to the entering by the State into the international border agreement or treaty be given to the National Government.
(3) The agreement to the entering by the State into the international border agreement or treaty shall only be given by the Autonomous Bougainville Government to the National Government where the relevant motion under Subsection (2)(b) has been passed by the House of Representatives by an absolute majority vote.
75. PROCEEDINGS NON-JUSTIFIABLE.
76. QUESTIONS AS TO MEMBERSHIP.
(a) the qualification of a person to be or to remain a member of the House of Representatives; or
(b) the validity of an election to the House of Representatives.
(2) Until the establishment of the Bougainville High Court, the National Court has jurisdiction to determine any question as to –
(a) the qualification of a person to be or to remain a member of the House of Representatives; or
(b) the validity of an election to the House of Representatives.
77. VALIDATION OF ACTS OF THE HOUSE OF REPRESENTATIVES.
(a) was not duly qualified to be elected or appointed, or to continue, as a member of the House of Representatives; or
(b) had vacated his office as a member of the House of Representatives,
all things done or purported to have been done by the House of Representatives or by the committee, as the case may be, shall be deemed to have been as validly done as if that person had, when so sitting or voting, been duly qualified to be elected or appointed, or to continue as a member of the House of Representatives or had not vacated his office, as the case may be.
78. CLERKS AND OFFICERS OF THE HOUSE OF REPRESENTATIVES.
(2) The Autonomous Bougainville Government shall make available officers and employees of the Bougainville Public Service to assist the Speaker in the administration of the House of Representatives.
PART 6. – THE BOUGAINVILLE EXECUTIVE.
Division 1.
The Executive Power.
79. EXERCISE OF THE EXECUTIVE POWER.
(2) Subject to this Constitution and to a Bougainville law, the Bougainville Executive Council has, in addition to the other powers conferred on it, power to do all things that are necessary or convenient to be done for or in connection with the operations and activities of the Autonomous Bougainville Government.
(3) Notwithstanding Subsections (1) and (2), a Bougainville law may confer on an authority other than the Bougainville Executive Council executive powers or functions.
Division 2.
Bougainville Executive Council.
80. MEMBERSHIP OF THE BOUGAINVILLE EXECUTIVE COUNCIL.
(a) the President; and
(b) the Vice-President; and
(c) subject to Section 101 (dismissal of members of the Bougainville Executive Council), a woman member of the House of Representatives appointed by the President, being the woman member nominated by the women members (both those elected to represent the interests of women and any women members for single member constituencies); and
(d) six members appointed in accordance with Section 81 (representation of regions); and
(e) one member appointed by the President; and
(f) four members appointed by the President under Section 83 (appointment of other members).
(2) All members of the Bougainville Executive Council must be members of the House of Representatives.
81. REPRESENTATIVES OF REGIONS.
(2) Each Committee established under Section 71(1)(b) (Committees) for the purposes of this section shall recommend to the President the names of five members of the House of Representatives representing constituencies in the Region for which the Committee is established for appointment by the President of two of the members named as members of the Bougainville Executive Council.
(3) On receipt of a recommendation under Subsection (2), the President shall, within five sitting days of the House of Representatives, and in any event, no more that 14 days after the day fixed for the return of the writs for a general election, appoint to the Bougainville Executive Council two of the members so recommended, and notify the Speaker in accordance with Section 84 (assumption of office by members of the Bougainville Executive Council).
(4) If the office of a member of the Bougainville Executive Council appointed under this section becomes vacant under Section 100 (vacation of office of members of the Bougainville Executive Council), the preceding provisions of this section apply in respect of the filling of the vacancy.
(5) If a member of the Bougainville Executive Council appointed under this section is suspended from office under Part 13 (Leadership Code), or otherwise –
(a) the President may appoint a member of the House of Representatives to act in the office of the suspended member pending a recommendation of the relevant Committee referred to in Subsection (2); and
(b) when the President receives a recommendation referred to in Paragraph (a) for the temporary filling of the office, Subsection (3), with the necessary modifications, applies.
(6) A member of the Bougainville Executive Council appointed under Subsection (5) ceases to hold office when the suspension is lifted or the original member is dismissed.
82. CARETAKER BOUGAINVILLE EXECUTIVE COUNCIL.
(a) the President; and
(b) the Vice President; and
(c) a woman member of the House of Representatives (whether elected as a representative of the interests of women or being the member for a single member constituency) selected by the President,
but in any case a caretaker Bougainville Executive Council shall not hold office for more than 14 days after the day fixed for the return of the writs for a general election.
83. APPOINTMENT OF OTHER MEMBERS.
(2) The members referred to in Subsection (1) shall not be appointed until such time as the House of Representatives considers that the financial resources of the Autonomous Bougainville Government permit the appointment and a Bougainville law makes provision for the appointment.
84. ASSUMPTION OF OFFICE BY MEMBERS OF THE BOUGAINVILLE EXECUTIVE COUNCIL.
85. RESPONSIBILITIES.
(2) In the performance of its functions, the Bougainville Executive Council –
(a) is collectively responsible to the House of Representatives, and through the House of Representatives to the People of the Autonomous Region of Bougainville, for the carrying out of executive functions of the Autonomous Bougainville Government in accordance with Subsection (1), and for all things done by or under the authority of the Bougainville Executive Council; and
(b) must comply with the Leadership Code.
(3) A decision of the Bougainville Executive Council is non-justiciable on the grounds that it does not comply with Subsection (2)(b).
(4) Members of the Bougainville Executive Council (other than the President and the Vice-President) shall –
(a) be called Ministers; and
(b) have such titles, portfolios and responsibilities as are determined by the President.
86. PROCEDURES.
(2) Subject to any Bougainville law, a question whether procedures prescribed or determined for the Bougainville Executive Council have been complied with, is non-justiciable.
87. DELEGATION BY THE BOUGAINVILLE EXECUTIVE COUNCIL, ETC.
(a) by the Bougainville Executive Council – to a member of the Council; or
(b) by a member of the Bougainville Executive Council – to a public officer or member of a Bougainville Government Service,
of all or any of its or his powers, functions, duties and responsibilities –
(c) including, if the Bougainville law so provides, the powers of delegation; and
(d) not including any legislative power or any power in or in relation to the House of Representatives.
Division 3.
The President.
88. OFFICE OF PRESIDENT.
89. EELCTION OF PRESIDENT.
(2) A person shall not be elected as President on more than two occasions.
(3) Except as provided by Section 90 (special election of President), the election of a President shall be held as part of, and at the same time as, a Bougainville general election under Section 107 (Bougainville general elections) and for that purpose –
(a) the provisions of this Constitution relating to Bougainville general elections, with the necessary modifications, apply; and
(b) the whole of the Autonomous Region of Bougainville is a single constituency.
90. SPECIAL ELECTION OF PRESIDENT.
(a) other than in circumstances described in Paragraph (b) of this section – an election shall be held to fill the office of President; or
(b) after the fourth anniversary of the day fixed for the return of the writs in the previous general election – the Vice-President shall, subject to Section 107(1)(b)(iii) (Bougainville general elections) assume the office of President and shall, from among the members of the House of Representatives, from one of the Regions (North, Central and South) other than the Region from which he himself comes, appoint a new Vice-President.
(2) The provisions of this Constitution relating to the election of a President under Section 89 (election of President), with the necessary modifications, apply to and in relation to an election under Subsection (1)(a).
91. QUALIFICATIONS FOR AND DISQUALIFIFCATIONS FROM ELECTION AS PRESIDENT.
(2) A candidate for election as President must be qualified to vote in elections to the House of Representatives.
(3) A candidate for election as President must be a Bougainvillean.
(4) A person is not qualified to stand, or to continue to stand for election as President if –
(a) he is not qualified or becomes disqualified, in accordance with Section 110 (right to vote) to vote in an election to the House of Representatives; or
(b) he is of unsound mind within the meaning of any law relating to the person and property of persons of unsound mind; or
(c) he is under, or becomes subject to, a sentence of death or imprisonment for a period of more than three months; or
(d) he is, or becomes disqualified from standing for election under this Constitution; or
(e) he is, or becomes, a member of, or a candidate for election or appointment to, the National Parliament, or to the House of Representatives; or
(f) he has already been elected as President on two occasions; or
(g) he has been declared bankrupt by a court of competent jurisdiction, and remains bankrupt; or
(h) he has nominated in an election to be held at the same time as a candidate for election as –
(i) a member representing a single member constituency under Section 55(2)(b)(i) (establishment and composition of the House of Representatives); or
(ii) a woman member to represent the interests of women under Section 55(2)(b)(ii) (establishment and composition of the House of Representatives); or
(iii) a former combatant member to represent the interests of former combatant members under Section 55(2)(b)(iii) (establishment and composition of the House of Representatives); or
(i) if the election is an election for President under Section 58(5)(d) (recall of member of the House of Representatives) and the person is the person whose recall is the subject of the poll under Section 58(5)(c) (recall of member of the House of Representatives).
(5) Nothing in Subsection (1) is intended to reduce any right conferred by Section 50 (right to vote and stand for public office) of the National Constitution, but it is the considered opinion of the People of Bougainville expressed through the Bougainville Constitutional Commission and the Bougainville Constituent Assembly, that any restrictions imposed by this section are reasonable and are reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
92. ASSUMPTION OF OFFICE.
93. FUNCTIONS OF THE PRESIDENT.
(a) is the Head and Chairman of the Bougainville Executive Council; and
(b) shall preside at all meetings of the Bougainville Executive Council at which he is present; and
(c) shall represent the Autonomous Bougainville Government and the People of the Autonomous Region of Bougainville on ceremonial occasions,
and has such other rights, powers, functions, duties and responsibilities as are provided for in this Constitution or in a Bougainville law, or by law.
94. VACATION OF OFFICE OF PRESIDENT.
(2) The office of President becomes vacant if the President –
(a) dies; or
(b) resigns by written notice to the Speaker; or
(c) ceases in accordance with Section 91(2) (qualifications for and disqualifications from election as President) to be qualified to stand for election as President; or
(d) is dismissed from office as President under the provisions of Part 13 (Leadership Code); or
(e) is recalled in accordance with Section 58 (recall of members of the House of Representatives); or
(f) is or becomes of unsound mind within the meaning of any law relating to the person and property of persons of unsound mind; or
(g) has been declared bankrupt by a court of competent jurisdiction and remains bankrupt.
Division 4.
Vice President.
95. OFFICE OF VICE-PRESIDENT.
96. APPOINTMENT OF VICE PRESIDENT.
(2) The President may dismiss the Vice-President from office at any time and on dismissal the person dismissed ceases to be a member of the Bougainville Executive Council.
97. ASSUMPTION OF OFFICE.
98. FUNCTIONS OF THE VICE-PRESIDENT.
(a) during any vacancy in the office of President; and
(b) during any absence or inability to act of the President; and
(c) in the circumstances referred to in Section 90(1)(b) (special election of President) when he shall assume the office of President,
and accordingly any reference in this Constitution (other than references to the election of the President), or any Bougainville law, or the Standing Orders, to the President shall be read as including a reference to the Vice-President acting under this subsection.
(2) A question, whether the occasion for the exercise or performance of a right, privilege, power, function, duty or responsibility by the Vice-President under Subsection (1) has arisen or has ceased, is non-justiciable.
Division 5.
Members of the Bougainville Executive Council Generally.
99. INTERPRETATION OF DIVISION 5.
100. VACATION OF OFFICE OF MEMBERS OF THE BOUGAINVILLE EXECUTIVE COUNCIL.
(a) on the assumption of office by the President following an election to office of a new President under Section 89 (election of President) or Section 90(1)(a) (special election of President); or
(b) if, other than following a general election of members (when Paragraph (a) applies) he ceases to be a member of the House of Representatives; or
(c) if he resigns by written notice to the President; or
(d) if he is dismissed from office under Section 101 (dismissal of members of the Bougainville Executive Council); or
(e) if he is dismissed from office under Part 13 (Leadership Code); or
(f) if he is recalled under Section 58 (recall of member of the House of Representatives); or
(g) on his death.
(2) On receipt of a notice of resignation under Subsection (1)(c) the President shall give written notice of the resignation to –
(a) the Speaker; and
(b) the other members of the Bougainville Executive Council.
101. DISMISSAL OF MEMBERS OF THE BOUGAINVILLE EXECUTIVE COUNCIL.
(2) Where the President dismisses a member of the Bougainville Executive Council under Subsection (1), the President shall, as soon as is practicable, notify in writing –
(a) the member of the Bougainville Executive Council concerned; and
(b) the Speaker; and
(c) the other members of the Bougainville Executive Council; and
(d) where the member is a member referred to in Section 80(1)(d) (membership of the Bougainville Executive Council), the Regional Committee and request that the Regional Committee recommends to him the names of five members of the House of Representatives, representing constituencies in the Region for which the Committee is established, for appointment by the President of one of the members named as a member of the Bougainville Executive Council to replace the member dismissed.
(3) The dismissal of a member of the Bougainville Executive Council under this section takes effect immediately or at such other time as is fixed by the President for the purpose.
(4) Where the member of the Bougainville Executive Council referred to in Section 80(1)(c) (membership of Bougainville Executive Council) is dismissed under Subsection (1), the President shall appoint to the Bougainville Executive Council, one of the other women members of the House of Representatives being another women member nominated by the women members (both those elected to represent the interests of women and any women members for single member constituencies).
PART 7. – BOUGAINVILLE SENIOR APPOINTMENTS COMMITTEE AND APPOINTMENTS GENERALLY.
102. BOUGAINVILLE SENIOR APPOINTMENTS COMMITTEE.
(a) the President; and
(b) the Speaker; and
(c) a person appointed to represent the Churches in Bougainville; and
(d) a person appointed to represent the women of Bougainville; and
(e) a practising lawyer who is a Bougainvillean appointed by the Papua New Guinea Law Society or any Bougainville equivalent; and
(f) in respect of the appointment, suspension or removal from office of each Bougainville Constitutional Office-holder, in accordance with Section 312(3)(a) (Bougainville Constitutional Office-holders) of the National Constitution, two persons appointed by the body responsible for the appointment of the equivalent Constitutional Office-holder under Section 221 (definitions) of the National Constitution, or where there is no such equivalent, by the National Executive Council.
(2) A Bougainville law shall make provision for the method of selection and appointment of the persons referred to in Subsection (1)(c) and (d), and for the method of recognition of any Bougainville equivalent to the Papua New Guinea Law Society referred to in Subsection (1)(e).
(3) The Bougainville Senior Appointments Committee shall be responsible for the appointment, suspension or removal from office of –
(a) Bougainville Constitutional Office-holders specified in Section 189 (Bougainville Constitutional Office-holders) (other than the Chief Justice of Bougainville and other Bougainville Judges, the Bougainville Public Prosecutor, the Bougainville Public Solicitor and the Head of other Bougainville Courts for whom specific provision is made by Section 121 (Bougainville Judicial Appointments Committee)); and
(b) the holders of other senior offices,
in accordance with this Constitution and Bougainville laws.
(4) The Bougainville Senior Appointments Committee is not subject to direction or control by any person or authority and shall exercise its powers and functions in a non-partisan manner.
103. PART TIME APPOINTMENTS.
(2) A person may hold simultaneously more than one office determined under Subsection (1) to be an office which can be held on a part-time basis, but only where the performance of his duties in the offices does not place him in a conflict of interest situation.
PART 8. – CONSTITUENCIES AND ELECTIONS.
104. BOUGAINVILLE BOUNDARIES COMMISSIONER.
(a) the number of single member constituencies for the House of Representatives, being not more than 38 nor less than 28; and
(b) the boundaries of the constituencies of the members of the House of Representatives representing single member constituencies in accordance with Section 105 (constituencies); and
(c) the boundaries of the Regional constituencies of members of the House of Representatives representing the interests of women and of former combatants in accordance with Section 105 (constituencies).
(2) The Bougainville Boundaries Commissioner is not subject to direction or control by any person or authority in the exercise of his powers and functions under this Constitution.
(3) A Bougainville law made by an absolute majority vote shall make further provisions for and in respect of the appointment and procedures of the Bougainville Boundaries Commissioner.
105. CONSTITUENCIES.
(a) Buka – six constituencies;
(b) Torokina – one constituency;
(c) Kieta – six constituencies;
(d) Nissan/Atolls – two constituencies;
(e) Kunua/Keriaka – two constituencies;
(f) Tinputz – two constituencies;
(g) Selau/Suir – two constituencies;
(h) Buin – four constituencies;
(i) Siwai – three constituencies;
(j) Bana – three constituencies;
(k) Wakunai – two constituencies.
(2) The boundaries of each constituency referred to in Subsection (1) shall –
(a) be within a district; and
(b) as far as is practicable, be within the boundaries of one open electorate referred to in Subsection (3); and
(c) for the first Bougainville general election be as determined under Section 233 (First Bougainville General Election Boundaries Director); and
(d) thereafter, where applicable, be as determined under this section.
(3) The boundaries for the constituencies for the three Regions (North, Central and South) referred to in Section 55(2)(b)(ii) and (iii) (establishment and composition of the House of Representatives) shall, for the first Bougainville general election, and thereafter until altered by a determination under this section, be the boundaries of the open electorates for the 2002 general elections to the National Parliament.
(4) In recommending constituency boundaries under Subsection (3) for elections other than the first Bougainville General Election, the Bougainville Boundaries Commissioner shall take into account matters broadly consistent with the matters referred to in Subsection (5)(a), (b), (c), (d), (e), (g), (h) and (i), the principle of regional representation and other electoral and administrative boundaries.
(5) In recommending constituencies and constituency boundaries under Section 104(1)(b) (Bougainville Boundaries Commissioner), the Bougainville Boundaries Commissioner shall take into account –
(a) population; and
(b) language groupings; and
(c) cultural similarity and diversity; and
(d) physical features and geographical characteristics; and
(e) geographic organization of trade and communications; and
(f) the Regions referred to in Section 55(2)(b)(ii) and (iii) (establishment and composition of the House of Representatives) in relation to the election of three women members and three former combatant members of the House of Representatives; and
(g) identifiable minority groups with special interests; and
(h) the financial resources of the Autonomous Bougainville Government; and
(i) any other considerations laid down by a Bougainville law made by an absolute majority vote.
(6) In respect of elections to the House of Representatives after the first general election, the Bougainville Boundaries Commissioner may –
(a) continue with the allocation of constituencies and constituency boundaries within districts for the first general election; or
(b) change to population based boundaries, based on a quota, with a tolerance of 20% over or under the quota except that the population can be up to 30% under the quota in cases of areas with a special need.
(7) The number of constituencies and their boundaries shall be determined by the House of Representatives as provided by this section.
(8) The House of Representatives may accept or reject, but may not amend, any recommendation from the Bougainville Boundaries Commissioner under Section 104(1) (Bougainville Boundaries Commissioner), but may not reject a set of recommendations which, following previous rejection, has been modified by the Bougainville Boundaries Commissioner.
(9) A Bougainville law made by an absolute majority vote shall make further provision for and in respect of –
(a) the procedures for formulating the recommendations of the Bougainville Boundaries Commissioner; and
(b) the procedures to be followed by the House of Representatives when considering the recommendations of the Bougainville Boundaries Commissioner; and
(c) the procedures to be followed by the Bougainville Boundaries Commissioner and the House of Representatives where recommendations by the Bougainville Boundaries Commissioner are rejected.
106. BOUGAINVILLE ELECTORAL COMMISSIONER AND ELECTIONS GENERALLY.
(2) The Bougainville Electoral Commissioner shall be responsible, in accordance with a Bougainville law made by an absolute majority vote, for the conduct of elections to the House of Representatives.
(3) In the performance of his functions, duties and responsibilities under this Constitution, the Bougainville Electoral Commissioner is not subject to direction or control by any person or authority.
(4) A Bougainville law made by an absolute majority vote shall make provision for and in respect of –
(a) the procedures to be followed by the Bougainville Electoral Commissioner and for safeguarding his independence; and
(b) the electoral system; and
(c) safeguarding the integrity of elections; and
(d) appeals to the Bougainville High Court on election matters.
107. BOUGAINVILLE GENERAL ELECTIONS.
(a) in the first instance, in accordance with the provisions of Section 236 (first Bougainville general election); and
(b) thereafter, subject to Subsection (4) –
(i) within a period of three months before the fifth anniversary of the day fixed for the return of the writs for the previous general election; or
(ii) if, after the fourth anniversary of the day fixed for the return of the writs in the previous general election, the office of President becomes vacant under Section 94(2) (vacation of office of President); or
(iii) if the House of Representatives, by a three-quarters absolute majority vote, so decides.
(2) Subject to Subsection (4), the Speaker, acting with, and in accordance with the advice of the Bougainville Electoral Commissioner, shall fix the first and the last days of the period during which polling shall take place at a Bougainville general election and the day by which the writs for the election shall be returned.
(3) Subject to Subsection (4), in advising the Speaker under Subsection (2) and in conducting the election, the Bougainville Electoral Commissioner shall endeavour to ensure –
(a) in a case to which Subsection (1)(b)(i) applies – the day for the return of the writs is fixed as nearly as may reasonably be to the fifth anniversary of the day fixed for the return of the writs in the previous Bougainville general election; and
(b) in a case to which Subsection (1)(b)(ii) applies – the day fixed for the return of the writs is as soon as may reasonably be after the office of President becomes vacant; and
(c) in a case to which Subsection (1)(b)(iii) applies – the day fixed for the return of the writs is as soon as may reasonably be after the date of the decision of the House of Representatives.
(4) A Bougainville general election shall not be arranged to be held during the holding of a general election to the National Parliament (being the period commencing on the day of issue of writs for a general election to the National Parliament and ending on the day fixed for the return of the writs in such election) and where, in accordance with Subsection (1)(b) a Bougainville general election falls to be held during that period it shall be deferred until after the completion of that period and the Bougainville Electoral Commissioner shall advise the Speaker accordingly.
(5) General elections to other levels of formal government under Section 49 (other levels of formal government) including Regional Government under Section 50 (Regional Government) shall be held at the same time as a Bougainville general election.
108. BY-ELECTIONS.
(a) within the period of 12 months before the fifth anniversary of the date fixed for the return of the writs for the previous general election; or
(b) after the writ has been issued for an election under Section 107(1)(b)(ii) and (iii) (Bougainville general elections).
(2) Where the seat of a member becomes vacant in the circumstances referred to in Subsection (1)(a) or (b), it shall remain vacant until the next general election.
109. FORM OF ELECTIONS.
(a) in the case of the first election of the President or of a member or members of the House of Representatives – by a non-preferential single vote system; and
(b) in the case of subsequent elections of the President and of members of the House of Representatives – by a preferential voting system,
under universal adult suffrage as provided for by this Constitution or by a Bougainville law made by an absolute majority vote.
110. RIGHT TO VOTE.
(a) is at least 18 years of age; and
(b) is a Bougainvillean; and
(c) is a citizen; and
(d) is not of unsound mind within the meaning of any law relating to the protection of the person and property of persons of unsound mind,
is entitled to vote in an election of the President or of a member or members of the House of Representatives, subject to the provisions of Schedule 10 (electoral provisions relating to the first general election of President of the Autonomous Region of Bougainville and of members of the House of Representatives) or of the Bougainville law referred to in Section 106 (Bougainville Electoral Commissioner and elections generally) or of Section 109 (form of elections).
(2) A person referred to in Subsection (1) is entitled to vote in an election for –
(a) President; and
(b) a member referred to in Section 55(2)(b)(i) (establishment and composition of the House of Representatives); and
(c) a woman member referred to in Section 55(2)(b)(ii) (establishment and composition of the House of Representatives); and
(d) subject to Section 55(5) (establishment and composition of the House of Representatives), a former combatant member referred to in Section 55(2)(b)(iii) (establishment and composition of the House of Representatives).
(3) Nothing in Subsection (1) is intended to reduce any right conferred by Section 50 (right to vote and stand for public office) of the National Constitution, but it is the considered opinion of the People of Bougainville, expressed through the Bougainville Constitutional Commission and the Bougainville Constituent Assembly, that any restrictions imposed by Subsection (1) are reasonable and are reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
111. POLITICAL PARTIES.
(a) make provision for a system of registration of political parties in Bougainville; and
(b) provide that to qualify for registration a political party must –
(i) provide evidence that it has such number of members in all Regions of Bougainville as is required by that Bougainville law; and
(ii) provide evidence that it has policies on broad subject matters relevant to Bougainville; and
(iii) have organizational structures that meet basic standards of democracy; and
(iv) disclose the sources of its funding to the Registrar who shall furnish them to the Bougainville Ombudsman; and
(c) make provision for all other matters relating to the system of registration (including provision for deregistration in certain circumstances) of political parties.
(2) A political party cannot take part in an election of the President or of a member or members of the House of Representatives or to any other level of formal government under this Constitution unless the political party is registered in accordance with the Bougainville law referred to in Subsection (1).
(3) For the purposes of Subsections (2) and (5), “take part in an election” means, without limiting the generality of the expression –
(a) advertise or proclaim in any way that a candidate for election at an election –
(i) supports its policies; or
(ii) is nominated or supported or funded by it; or
(b) take any action likely to indicate to voters that it supports any candidate.
(4) A candidate for election to the House of Representatives or as President or to any other level of formal government under this Constitution shall not –
(a) accept funds from any political party; or
(b) hold himself out as supporting or supported by a political party; or
(c) hold himself out as a candidate supported by a political party,
unless the political party is registered in accordance with the Bougainville law referred to in Subsection (1).
(5) For the purposes of this section, “political party” means any party or organization having political aims and desiring to take part in an election.
(6) Nothing in this section is intended to reduce any right conferred by Section 50 (right to vote and stand for public office) of the National Constitution, but it is the considered opinion of the People of Bougainville, expressed through the Bougainville Constitutional Commission and the Bougainville Constituent Assembly, that any restrictions imposed by this section are reasonable and are reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
PART 9. – ADMINISTRATION OF JUSTICE.
Division 1.
General.
112. BOUGAINVILLE COURTS.
(a) the Bougainville High Court established under Section 116 (establishment of the Bougainville High Court) which has the powers and functions specified in Section 119 (jurisdiction of the Bougainville High Court); and
(b) Bougainville courts (other than the Bougainville High Court and a court with a jurisdiction similar to that of a National Village Court) established under Section 126 (establishment of other courts) which have the powers specified in Bougainville laws; and
(c) the Supreme Court established under the National Constitution, which is the final court of appeal for the Autonomous Region of Bougainville, including appeals in relation to determinations made by the Bougainville High Court under Section 119 (jurisdiction of the Bougainville High Court); and
(d) the National Court established under the National Constitution, which has the power –
(i) to review the exercise of judicial authority by a Bougainville court (other than the Bougainville High Court) and by tribunals established under Section 132 (constitution of tribunals); and
(ii) equal to the power of the Bougainville High Court, to hear appeals from Bougainville Courts, but such power shall be exercised only as an alternative appeal and not as an appeal additional to that to the Bougainville High Court under Section 119 (jurisdiction of the Bougainville High Court); and
(e) such other courts established under Section 172 (establishment of other courts) of the National Constitution (to the extent that they are not replaced by courts of similar jurisdiction established under Section 126 (establishment of other courts) which have the powers specified in the National laws establishing them).
(2) Subject to any right of appeal or power of review of a decision, it is the duty of all persons (including the Law Officers of the Autonomous Region of Bougainville and other officers of the Bougainville Government Services) and of all bodies and institutions, to comply with, and so far as is within their respective lawful powers, to put into effect, insofar as relating to the Autonomous Region of Bougainville, all decisions of the Bougainville Courts.
(3) Except to the extent that this Constitution specifically provides otherwise, no person or authority, other than –
(a) the House of Representatives through legislation in respect of the Bougainville High Court and other Bougainville courts; and
(b) as provided in the National Constitution, the National Parliament through legislation in respect of the Supreme Court, the National Court and other courts of the National Judicial System, (including in respect of National laws applying in Bougainville the Bougainville High Court and other Bougainville Courts),
has power to give directions to any court, or to a member of any court of the Bougainville Courts or to a member of any such Courts in respect of the exercise of judicial powers and functions.
(4) The Bougainville High Court and other Bougainville Courts are part of the National Judicial System.
113. THE LAW OFFICERS OF BOUGAINVILLE.
(a) the principal legal adviser to the Bougainville Executive Council;
(b) the Bougainville Public Prosecutor under Section 128 (Bougainville Public Prosecutor and Bougainville Public Solicitor);
(c) the Bougainville Public Solicitor under Section 128 (Bougainville Public Prosecutor and Bougainville Public Solicitor).
(2) A Bougainville law shall make provision for and in respect of the office referred to in Subsection (1)(a).
114. EXERCISE OF THE JUDICIAL POWER.
115. ALTERNATIVE DISPUTE RESOLUTION.
(a) the establishment of arbitral or reconciliation tribunals, by law or by consent of the parties, whether ad hoc or otherwise, outside the Bougainville Courts; and
(b) methods of dispute resolution outside the Bougainville Courts.
(2) A Bougainville law referred to in Subsection (1) shall utilize and encourage the utilization of –
(a) customary dispute resolution and reconciliation practices; and
(b) the role of traditional chiefs and other traditional leaders in such dispute resolution and reconciliation practices.
(3) No person or body outside the Bougainville Courts has, or may be given, power to impose a sentence of death or imprisonment, or to impose any other penalty as for a criminal offence, but nothing in this subsection prevents –
(a) the imposition, in accordance with law, of disciplinary punishments (other than death or detention) on members of Bougainville Government Services; or
(b) the imposition of reasonable penalties (other than death or detention) by an association on its members for breaches of its rules.
Division 2.
Bougainville High Court.
116. ESTABLISHMENT OF THE BOUGAINVILLE HIGH COURT.
(2) The Bougainville High Court is a superior court of record and accordingly, subject to a Bougainville law, has the power to punish the offence against itself commonly known as contempt of court.
117. COMPOSITION OF THE BOUGAINVILLE HIGH .
(a) the Chief Justice of Bougainville; and
(b) such number of Judges as may be determined by or under a Bougainville law.
(2) A –
(a) Judge of the National Court may hold an appointment as a Judge of the Bougainville High Court concurrently with his appointment as a Judge of the National Court; and
(b) Judge of the Bougainville High Court may hold an appointment as a Judge of the National Court concurrently with his appointment as a Judge of the Bougainville High Court.
(3) The appointment of a Judge to –
(a) the National Court – shall be as a Judge of the National Court; and
(b) the Bougainville High Court – shall be as a Judge of the Bougainville High Court.
118. ACTING JUDGES.
(a) to fill temporarily a vacancy; or
(b) in the absence from duty for any reason of a Judge of that Court; or
(c) to meet a temporary workload or other exigency of the business of the Court.
(2) Where no person qualified for appointment under Section 122 (qualifications) to the Bougainville High Court as a Judge is available, a person so qualified may be appointed as an acting Judge on a temporary basis.
(3) An appointment under Subsection (1) –
(a) shall be made by the Bougainville Judicial Appointments Committee; and
(b) may be made without reference to the numerical limit imposed by Section 117(1) (composition of the Bougainville High Court); and
(c) may be of a non-citizen; and
(d) shall be for a period not exceeding one year, but one extension for a period not exceeding one year may be granted.
(4) An appointment under Subsection (2) –
(a) shall be made by the Bougainville Judicial Appointments Committee; and
(b) may be of a non-citizen; and
(c) shall be for a period not exceeding two years, but may be extended for a period or periods each not exceeding two years.
119. JURISDICTION OF THE BOUGAINVILLE HIGH COURT.
(2) In particular, the Bougainville High Court may –
(a) make orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case; and
(b) exercise jurisdiction under the Criminal Code; and
(c) subject to Subsection (3), review the exercise of judicial power by Bougainville courts established under Section 126 (establishment of other courts); and
(d) determine questions of interpretation of this Constitution; and
(e) protect and enforce human rights.
(3) Where, under a Bougainville law, a person has a right to appeal to the Bougainville High Court from a court established under Section 126 (establishment of other courts), he has an alternative (but not an additional) right of appeal to the National Court.
(4) Subject to a Bougainville law and to the Rules of Court of the Bougainville High Court, the jurisdiction of the Bougainville High Court may be exercised by a single Judge of that Court or by a number of Judges sitting together.
(5) The jurisdiction of the Bougainville High Court may be exercised by a Judge or Judges of that Court notwithstanding that it is being exercised at the same time by another Judge or Judges.
(6) The jurisdiction of the Bougainville High Court may be exercised either in court or in chambers, as provided for under a Bougainville law or the Rules of Court of the Bougainville High Court.
120. RIGHT OF APPEAL FROM BOUGAINVILLE HIGH COURT TO SUPREME COURT.
Division 3.
Appointment etc., of Judges of the Bougainville High Court.
121. BOUGAINVILLE JUDICIAL APPOINTMENTS COMMITTEE.
(a) the Chief Justice of Bougainville, who shall be Chairman; and
(b) a practising lawyer who is a Bougainvillean, appointed by the Papua New Guinea Law Society or any Bougainville equivalent; and
(c) a traditional chief or other traditional leader selected in accordance with a Bougainville law; and
(d) two members of the National Judicial and Legal Services Commission appointed by that Commission.
(2) Where the appointment of the first Chief Justice of Bougainville is under consideration there will be included in the Bougainville Judicial Appointments Committee –
(a) the –
(i) most senior Bougainville Constitutional Office-holder; and
(ii) if there is no such office occupied at the time when the appointment is under consideration – the Speaker,
who shall be Chairman; and
(b) a –
(i) Judge from a Pacific Islands country with a legal system similar to that of Bougainville or Papua New Guinea as a whole; or
(ii) a representative from an international body with a commitment to development of the rule of law and enhancing the operation of legal and judicial systems, or of similar international experience, appointed by the Bougainville Executive Council.
(3) Where the appointment (other than the first appointment for which provision is made under Subsection (2), suspension or removal from office of a Chief Justice is under consideration by the Bougainville Judicial Appointments Committee –
(a) the Chief Justice shall not be a member and Chairman of the Committee; and
(b) there will be included as a member and Chairman of the Committee –
(i) the most senior Bougainville Constitutional Office-holder; or
(ii) if there is no such office occupied at the time when the appointment, suspension or revocation of appointment is under consideration – the Speaker.
(4) The Bougainville Judicial Appointments Committee shall be responsible for the appointment, suspension or removal from office of –
(a) the Chief Justice of Bougainville; and
(b) Bougainville Judges; and
(c) Acting Judges; and
(d) the Bougainville Public Prosecutor; and
(e) the Bougainville Public Solicitor; and
(f) the Head of other Bougainville Courts,
in accordance with this Constitution and the Bougainville laws.
(5) Subject to Subsection (6), the Bougainville Judicial Appointments Committee is not subject to direction or control by any person or authority and shall exercise its powers and functions in a non-partisan manner.
(6) In considering persons for appointment under Subsection (4), the Bougainville Judicial Appointments Committee shall take into consideration the extent of a person’s knowledge of the Bougainville situation and of Bougainville Kastom.
122. QUALIFICATION.
123. APPOINTMENT OF CHIEF JUSTICE OF BOUGAINVILLE.
(2) The appointment of the Chief Justice of Bougainville may be deferred for a period of not more than two years from the date of establishment of the Bougainville High Court, or such longer period as the House of Representatives, by motion passed by an absolute majority vote, determines.
(3) The Chief Justice of Bougainville shall be appointed by the Bougainville Judicial Appointments Committee in accordance with Section 121 (Bougainville Judicial Appointments Committee).
(4) Subject to Subsection (5), the Chief Justice of Bougainville shall be appointed until the expiry of a term of 10 years or until he attains the age of 60 years, whichever shall first happen.
(5) When the Bougainville Judicial Appointments Committee is of the opinion that special circumstances exist, it may extend the retiring age specified in Subsection (4) to, but not beyond, 65 years.
(6) In addition to his other powers, functions, duties and responsibilities, the Chief Justice of Bougainville, after consultation with the other Judges (if any) of the Bougainville High Court, is responsible for the organization of the affairs and administration of the business of the Bougainville High Court (other than, except to an extent allowed by a Bougainville law, matters relating to the Bougainville Public Service).
(7) Where –
(a) there is a vacancy in the Office of Chief Justice of Bougainville; or
(b) the Chief Justice of Bougainville is absent from Bougainville or duty; or
(c) the Chief Justice of Bougainville is unable or unavailable to act; or
(d) the Chief Justice of Bougainville so directs,
the powers, functions, duties and responsibilities of the Chief Justice of Bougainville may be exercised and performed by the next most senior Bougainville Judge who is available.
(8) The question, whether the occasion for the exercise or performance of the powers, functions, duties and responsibilities of the Chief Justice by another Bougainville Judge under this section has arisen or has ceased, is non-justiciable.
(9) Where the appointment of a Chief Justice of Bougainville has been deferred under Subsection (2), the most senior Bougainville Judge shall exercise the powers and perform the functions, duties and responsibilities of the Chief Justice of Bougainville.
124. APPOINTMENT OF OTHER JUDGES.
(2) Subject to Subsection (3), a Bougainville Judge shall be appointed until the expiry of a term of 10 years or until he attains the age of 60 years, whichever first happens.
(3) Where the Bougainville Judicial Appointments Committee is of the opinion that special circumstances exist, it may extend the retiring age specified in Subsection (2) to, but not beyond, 65 years.
(4) The question, whether the occasion for the appointment of an Acting Judge has arisen or has ceased, is non-justiciable.
125. SENIORITY OF JUDGES.
Division 4.
Other Courts.
126. ESTABLISHMENT OF OTHER COURTS.
(a) Bougainville courts other than the Bougainville High Court; and
(b) courts, which are not within the Bougainville Courts, with a jurisdiction similar to, but not limited to, that of the National Village Courts,
and for their jurisdiction, functions, powers and procedures.
(2) Courts shall be established under Subsection (1) so as to meet the needs of the People of Bougainville and may include courts, comprising of or including traditional chiefs and other traditional leaders, intended to deal with matters primarily with reference to custom, or in accordance with customary procedures, or both.
(3) In making any law establishing courts referred to in Subsection (1)(b), the Autonomous Bougainville Government shall take account of Section 13 (strengthening of customary authority), 51 (traditional systems of government) and 115 (alternative dispute resolution).
(4) Bougainville laws may make provision for –
(a) the Head of other Bougainville Courts and all members and staff of courts established under Subsection (1); and
(b) the method of appointment (other than the appointment of the Head of other Bougainville Courts) and terms and conditions of appointment of the members and staff of such courts; and
(c) the grounds of removal from office of members (other than the Head of other Bougainville Courts) of such courts within the Bougainville Courts; and
(d) the removal of staff of such courts and of members of such courts not within the Bougainville Courts.
127. HEAD OF OTHER BOUGAINVILLE COURTS.
(2) The title of the holder of the office of Head of other Bougainville Courts shall be determined by a Bougainville law.
(3) The Head of other Bougainville Courts shall be appointed by the Bougainville Judicial Appointments Committee.
(4) Unless and except to the extent that a Bougainville law provides otherwise, the Head of other Bougainville Courts is ex officio a member of all courts established under Section 126 (establishment of other courts) within the Bougainville Courts and, if provision is made for grades of powers, functions or jurisdiction within such courts, has all the powers, functions and jurisdiction of the highest grades.
Division 5.
The Bougainville Public Prosecutor and the Bougainville Public Solicitor.
128. BOUGAINVILLE PUBLIC PROSECUTOR AND BOUGAINVILLE PUBLIC SOLICITOR.
(a) at such time as it considers suitable – establish an office of Bougainville Public Prosecutor; and
(b) at such time as it considers suitable – establish an office of Bougainville Public Solicitor.
(2) The Bougainville Public Prosecutor and the Bougainville Public Solicitor shall be appointed by the Bougainville Judicial Appointments Committee.
(3) Subject to this Constitution, in the performance of his functions under this Constitution the Bougainville Public Prosecutor is not subject to direction or control by any person or authority.
(4) The powers and protections of the Bougainville Public Prosecutor and the Bougainville Public Solicitor may be further provided for by future amendment of this Constitution.
129. FUNCTIONS OF THE BOUGAINVILLE PUBLIC PROSECUTOR AND THE BOUGAINVILLE PUBLIC SOLICITOR.
(a) in accordance with Bougainville laws and the Rules of Court of the Bougainville High Court, subject to Section 177(b) (powers of Bougainville Ombudsman in relation to criminal misconduct), to control the exercise and performance of the prosecution (including appeals and the refusal to initiate, and the discontinuance of, prosecutions) before the Bougainville High Court, and before other courts as provided by or under Bougainville laws; and
(b) to bring or to decline to bring proceedings under Part 13 (Leadership Code) for misconduct in office.
(2) The functions of the Bougainville Public Solicitor are to provide legal aid, advice and assistance for persons in need of help by him, in accordance with a Bougainville law made by an absolute majority vote
Division 6.
Removal from Office of Senior Judicial and Legal Office-holders.
130. REMOVAL FROM OFFICE OF CHIEF JUSTICE OF BOUGAINVILLE, ETC.,.
(a) in accordance with this Division; or
(b) in accordance with Part 13 (Leadership Code).
131. PROCEDURES FOR REMOVAL.
(a) has been convicted of a criminal offence; or
(b) has nominated for election to a political office; or
(c) has actively engaged in politics; or
(d) is guilty of serious misconduct in office; or
(e) is unable (whether from physical or mental infirmity or otherwise) to perform the duties of his office; or
(f) has been declared bankrupt by a court of competent jurisdiction and remains bankrupt,
and that it is proper that the question of his removal from office should be investigated, it may –
(g) appoint a tribunal under Section 132 (constitution of tribunals, etc.,); and
(h) refer the matter, together with a statement of the reasons for its opinion, to the tribunal for investigation and report to it.
132. CONSTITUTION OF TRIBUNALS, ETC.,.
(a) a Judge or former Judge of the Bougainville High Court or of the Supreme Court or of the National Court; or
(b) a Judge or former Judge of a court of unlimited jurisdiction of a country with a legal system similar to that of Bougainville or Papua New Guinea as a whole, or of a court to which an appeal from such a court lies.
(2) The tribunal shall make due inquiry into any matter referred to it without being limited by legal formalities or the rules of evidence, and shall inform itself in such manner as it thinks proper, subject to compliance with the principles of natural justice.
(3) If the tribunal reports that there are good grounds under Section 131(c) to (f) (procedures for removal) for removing the person from office, the Bougainville Judicial Appointments Committee shall by notice in writing to the person, remove him from office.
(4) The Committee shall send a copy of the notice, together with a copy of the report of the tribunal, to –
(a) the Speaker for presentation to the House of Representatives; and
(b) the Bougainville Executive Council; and
(c) the National Judicial and Legal Services Commission.
133. SUSPENSION.
(2) Unless otherwise determined by the Bougainville Judicial Appointments Committee, the suspension shall be on full pay.
(3) Where at the time of the suspension, a suspended Bougainville Judge or the Head of other Bougainville Courts was dealing with any judicial proceedings, he may continue and complete those proceedings, unless the Bougainville Judicial Appointments Committee in the case of the Chief Justice, or the Chief Justice in any other case, otherwise orders.
Division 7.
Miscellaneous.
134. RULES OF COURT.
(2) Without limiting the generality of Subsection (1), the Rules of Court may make provision for and in respect of –
(a) the practice and procedures in the offices of the Bougainville High Court; and
(b) the service and execution of process and judgements of the Bougainville High Court; and
(c) the service and execution within Bougainville of process and judgements of foreign courts; and
(d) the service and execution within Bougainville of process and judgements of courts in the Bougainville Courts other than the Bougainville High Court and Bougainville courts established under Section 126 (establishment of other courts); and
(e) the issue by the Bougainville High Court of letters of request for the service in a foreign country of process of a Bougainville court or for the examination of witnesses in a foreign country; and
(f) the costs of and relating to proceedings in the Bougainville High Court; and
(g) the methods of pleading; and
(h) the attendance of witnesses and the taking of evidence; and
(i) the means by which particular facts may be proved, and the manner in which evidence of particular facts may be given, in any proceedings or in any application in connection with, or at any stage of, any proceedings; and
(j) simplified procedures for proceedings under Section 183 (enforcement of guaranteed rights and freedoms).
(3) The Rules of Court may require or permit legal argument to be submitted in writing.
(4) If a Bougainville law comes into force that is inconsistent with a Rule of Court, the Rule of Court ceases to have effect to the extent of the inconsistency.
(5) All Rules of Court shall be forwarded by the Chief Justice of Bougainville to the Speaker, as soon as practicable after being made, for presentation to the House of
135. LACK OF PROCEDURAL PROVISION.
136. JURIES AND ASSESSORS.
(a) assessors –
(i) being traditional chiefs or other traditional leaders for the purpose of assisting the court in understanding custom and customary practices; and
(ii) for the purpose of assisting the court in other specialized matters; and
(b) juries.
137. REPORTS OF BOUGAINVILLE JUDGES.
(2) Nothing in Subsection (1) prevents the Bougainville Judges from making, on their own initiative, or in accordance with a Bougainville law, other reports on any aspect of the work of the Bougainville Courts.
PART 10. – BOUGAINVILLE GOVERNMENT SERVICES.
Division 1.
Introductory.
138. ESTABLISHMENT OF BOUGAINVILLE GOVERNMENT SERVICES.
(a) the Bougainville Public Service;
(b) the Bougainville Police Service;
(c) the Bougainville Correctional Service.
(2) Bougainville laws may make provision for and in respect of the establishment, powers and functions and all other matters relating to other Bougainville Government Services.
(3) Until the establishment of the Bougainville Government Services referred to in Subsection (1), the Bougainville Peace Agreement as implemented in the National Constitutional Laws shall determine the extent to which the equivalent State Services of the National Government will continue to operate.
139. CIVILIAN CONTROL.
140. RESPONSIBILITY OF HEADS OF BOUGAINVILLE GOVERNMENT SERVICES TO BOUGAINVILLE EXECUTIVE COUNCIL.
(a) the exercise of his powers and the performance of his functions as such Head; and
(b) the efficient conduct and performance of the Service of which he is the Head.
(2) The responsibility of the Head of a Bougainville Government Service to the Bougainville Executive Council under Subsection (1) shall be effected through the Minister with the political responsibility under Section 85(4) (responsibilities) for that Service.
141. DECLARATION OF LOYALTY ETC.,.
(a) the Declaration of Loyalty in accordance with Section 6 (Declaration of Loyalty to Bougainville); and
(b) until any change in the status of Bougainville that may occur following the Bougainville Referendum –
(i) the Oath of Allegiance in accordance with Section 7 (Oath of Allegiance); and
(ii) the Declaration of Loyalty in accordance with Section 6 (Declaration of Loyalty), of the National Constitution.
Division 2.
Bougainville Public Services Commission.
142. ESTABLISHMENT OF THE BOUGAINVILLE PUBLIC SERVICES COMMISSION.
(2) The Commission shall consist of three members who shall be appointed for a term of five years by the Bougainville Senior Appointments Committee, which for the purpose shall include two persons appointed by the National Executive Council.
(3) Unless there are exceptional circumstances, all the members of the Commission must have gained substantial experience in the National Public Service or in the Bougainville Public Service.
(4) Subject to this Constitution, a Bougainville law shall make provision for and in respect of the Commission and for and in respect of its constitution, powers and procedures.
143. FUNCTIONS OF THE COMMISSION.
(a) the review of personnel matters connected with the Bougainville Public Service; and
(b) the continuous review of the Bougainville Government Services and the services of other Bougainville governmental bodies and for advising, either on its own initiative or on request, the Bougainville Executive Council and any authority responsible for any of those Services, on organizational matters in relation to those Services or bodies.
(2) The Bougainville Public Services Commission has such other functions as may be prescribed under this Constitution or a Bougainville law.
(3) In carrying out its functions under Subsection (1)(b), the Commission –
(a) shall take into account the policy of the Autonomous Bougainville Government when advising the Bougainville Executive Council and other authorities responsible for those Services; and
(b) shall not have any power to direct or control a Bougainville Government Service or the services of other Bougainville governmental bodies.
(4) The Bougainville Public Services Commission shall, in respect of each calendar year, prepare and forward to the President for presentation to the House of Representatives, a report on the advice it has given during the year to the Bougainville Executive Council or other authorities in accordance with Subsection (1)(b) indicating in particular the nature of the advice given and whether or not that advice was accepted.
144. INDEPENDENCE OF THE COMMISSION.
145. PERSONNEL MATTERS.
Division 3.
Bougainville Public Service .
146. BOUGAINVILLE PUBLIC SERVICE.
(a) standards for management and control of the Bougainville Public Service ; and
(b) work value and standard for pay for the Bougainville Public Service; and
(c) classification and grade structures in the Bougainville Public Service,
compatible with those of the National Public Service.
147. HEAD OF BOUGAINVILLE PUBLIC SERVICE.
(2) The Head of the Bougainville Public Service shall be appointed (and may be suspended or removed from office for just cause) by the Bougainville Senior Appointments Committee.
(3) A Bougainville law shall make provision for the title of the office, term of appointment, terms and conditions of employment and other matters relating to the office of Head of the Bougainville Public Service.
(4) The Head of the Bougainville Public Service shall be responsible to the Bougainville Executive Council in accordance with Section 140 (responsibility of Heads of Bougainville Government Services to Bougainville Executive Council).
Division 4.
Bougainville Police Service.
148. BOUGAINVILLE POLICE SERVICE.
(a) to serve the community and to preserve peace and good order in Bougainville; and
(b) to maintain and, as necessary, enforce all laws that apply in Bougainville in an impartial and objective manner; and
(c) to co-operate fully in the co-operative policing arrangements as set out in Paragraphs 226, 227 and 228 of the Bougainville Peace Agreement.
(2) In carrying out its functions under Subsection (1), the Bougainville Police Service shall at all times –
(a) have respect for human rights; and
(b) develop rehabilitatory and reconciliatory concepts of policing; and
(c) work in harmony and partnership with communities and encourage community participation in its activities; and
(d) support and work with traditional chiefs and other traditional leaders to resolve disputes and maintain law and order in communities.
(3) The Minister responsible for Bougainville Police Service has no power of command within the Bougainville Police Service except as provided for by this Constitution or a Bougainville law.
(4) In so far as it is a function of the Bougainville Police Service to lay, prosecute or withdraw charges in respect of offences, the members of the Bougainville Police Service are not subject to direction or control by –
(a) any person outside the Bougainville Police Service; or
(b) where acting under any arrangement with the National Police Force, any person outside the National Police Force.
149. CHIEF OF BOUGAINVILLE POLICE.
(2) The Chief of Bougainville Police shall be appointed (and may be suspended or removed from office for just cause) by the Bougainville Senior Appointments Committee, which for the purpose shall include the National Commissioner of Police or his representative and one other representative of the National Government appointed by the National Executive Council.
(3) A Bougainville law shall make provision for the period of appointment, terms and conditions of employment, rank and other matters relating to the Chief of Bougainville Police.
(4) The Chief of Bougainville Police shall be responsible to the Bougainville Executive Council in accordance with Section 140 (responsibility of Heads of Bougainville Government Services to the Bougainville Executive Council).
150. FURTHER PROVISIONS RELATING TO BOUGAINVILLE POLICE SERVICE.
(a) the structures and organization of the Bougainville Police Service; and
(b) the terms and conditions of service of the Bougainville Police Service; and
(c) the core training and personnel development arrangements for the Bougainville Police Service; and
(d) such other matters relating to the Bougainville Police Service as are necessary,
consistent with those of the National Police Force.
Division 5.
Bougainville Correctional Service.
151. BOUGAINVILLE CORRECTIONAL SERVICE.
(2) The Bougainville Correctional Service shall –
(a) develop concepts of rehabilitation; and
(b) develop alternative methods of dealing with offenders; and
(c) involve the community and encourage community participation in its work and encourage the integration of offenders into their communities.
(3) Subject to this Constitution, Bougainville laws shall make provision for –
(a) the structures and organization of the Bougainville Correctional Service; and
(b) the terms and conditions of service of the Bougainville Correctional Service; and
(c) the core training and personnel development arrangements for the Bougainville Correctional Service; and
(d) such other matters relating to the Bougainville Correctional Service as are necessary,
consistent with those of the National Correctional Service.
152. CHIEF OF THE BOUGAINVILLE CORRECTIONAL SERVICE.
(2) The Chief of the Bougainville Correctional Service shall be appointed (and may be suspended or removed from office for just cause) by the Bougainville Senior Appointments Committee, which for the purpose shall include the National Commissioner for Correctional Service or his representative and one other representative of the National Government appointed by the National Executive Council.
(3) A Bougainville law shall make provision for the term of appointment, terms and conditions of employment, rank and other matters relating to the Chief of the Bougainville Correctional Service.
(4) The Chief of the Bougainville Correctional Service shall be responsible to the Bougainville Executive Council in accordance with Section 140 (responsibility of Heads of Autonomous Bougainville Government Services to Bougainville Executive Council).
PART 11. – FINANCES AND FINANCIAL MANAGEMENT AND CONTROL.
Division 1.
General.
153. GENERAL PRINCIPLES RELATING TO FINANCES AND FINANCIAL MANAGEMENT.
(a) aim to achieve fiscal self-reliance as soon as possible; and
(b) aim to make all governmental institutions and Bougainville governmental bodies (including Bougainville Government Services) and levels of government self-sustaining as far as practicable; and
(c) take full account of cost implications in making decisions relating to –
(i) the establishment and composition of governmental institutions and Bougainville governmental bodies (including Bougainville Government Services); and
(ii) the establishment of procedures for consultation through plebiscite under Section 195 (consultation through plebiscite); and
(iii) the establishment of procedures for participation in, and poll for, law-making under Section 196 (participation in, and poll for, law-making); and
(iv) the conduct of a plebiscite under Section 195 (consultation through plebiscite); and
(v) the conduct of a poll under Section 196 (participation in, and poll for, law-making); and
(d) aim to develop and adopt the best possible financial management, accounting and budgeting practices; and
(e) in the interests of achieving fiscal self-reliance and good financial management –
(i) continue to rely on traditional chiefs and other traditional leaders in the governance of their communities; and
(ii) utilize the private sector in the provision of goods and services.
(2) The question as to whether the Autonomous Bougainville Government has carried out the requirements imposed on it under Subsection (1) is non-justiciable.
Division 2.
Outline of Finances of Autonomous Bougainville Government and Finance Administration.
154. OUTLINE OF FINANCES OF AUTONOMOUS BOUGAINVILLE GOVERNMENT AND FINANCE ADMINISTRATION.
(a) grants from the National Government, being –
(i) a recurrent unconditional grant, payable annually until fiscal self-reliance; and
(ii) a Police Grant, payable annually; and
(iii) restoration and development grants, payable annually; and
(iv) conditional grants for specific purposes; and
(v) an establishment grant,
as provided for in Section 326 (grants) of the National Constitution and Division III.3 (financial grants and assistance) of the Organic Law on Peace- Building in Bougainville – Autonomous Bougainville Government and Bougainville Referendum; and
(b) revenue from taxes, being –
(i) personal income tax collected in Bougainville; and
(ii) 30 % of value added tax collected in Bougainville; and
(iii) after fiscal self-reliance, a share to be agreed with the National Government of revenues from company tax, customs duties and value added tax collected in Bougainville; and
(c) revenue from taxes which may be imposed by the National Government other than –
(i) company tax; and
(ii) value added tax; and
(iii) customs duties; and
(d) revenue from the following taxes which may be imposed by the Autonomous Bougainville Government, being: –
(i) liquor licensing fees;
(ii) fees for licences to operate or carry on gambling, lotteries and games of chance;
(iii) developed property tax;
(iv) motor vehicle registration tax;
(v) road users tax;
(vi) fees and other imposts –
(A) from the operation of functions available to the Autonomous Bougainville Government under Section 290 (functions and powers available to the Autonomous Bougainville Government) and transferred to the Autonomous Bougainville Government; and
(B) from the operation of functions in respect of which the Autonomous Bougainville Government has legislated and has reached agreement with the National Government under Section 292 (subjects not specified in Sections 289, 290 and 291) of the National Constitution; and
(C) as have been available to Provincial Governments and Local - level Governments; and
(e) foreign aid obtained by the Autonomous Bougainville Government in accordance with Section 327 (foreign aid) of the National Constitution; and
(f) moneys borrowed by the Autonomous Bougainville Government –
(i) by way of foreign loans, in accordance with required approvals and other requirement of the Bank of Papua New Guinea; and
(ii) by way of domestic loans, in accordance with regulation of the banking system by the Bank of Papua New Guinea,
as permitted by Section 328 (other financial powers and accountability) of the National Constitution; and
(g) revenue from fisheries, being –
(i) the distribution to the Autonomous Bougainville Government of National Government fishing revenues in accordance with Paragraph 86 of the Bougainville Peace Agreement; and
(ii) the fees and other revenues obtainable from the allocation to the Autonomous Bougainville Government of the quota of domestic fishing licences for highly migratory and straddling fish stocks; and
(h) the share of revenues available to the Autonomous Bougainville Government from activities in areas of sea and seabed beyond the guaranteed three nautical mile limit and within the Exclusive Economic Zone and the continental shelf associated with the Autonomous Region of Bougainville; and
(i) in accordance with Paragraph 95 of the Bougainville Peace Agreement, revenue from telecommunications services which the Autonomous Bougainville Government may provide in Bougainville; and
(j) moneys derived from commercial activities relating to –
(i) the leasing, operation or management of business concessions in aerodromes or shipping ports; and
(ii) the sale of Bougainville postage stamps; and
(k) investments by the Autonomous Bougainville Government or in which the Autonomous Bougainville Government has a share.
(2) The Autonomous Bougainville Government may –
(a) establish its own tax regime for all taxes other than company tax, value added tax and customs duties; and
(b) fix rates in respect of –
(i) subject to Subsection (3), personal income tax; and
(ii) subject to Subsection (4), after fiscal self-reliance, company tax; and
(iii) all taxes under its own tax regime; and
(c) establish a Bougainville tax office, which may collect –
(i) all or any taxes under its own tax regime; and
(ii) by agreement with the Internal Revenue Commission, for and on behalf of the Internal Revenue Commission, company tax, value added tax and customs duties.
(3) Until fiscal self-reliance, the rate of personal income tax for Bougainville may be adjusted by the Autonomous Bougainville Government under Subsection (2)(b)(i) by no more than five from the number of percent at which that tax is fixed for that time by the National Government.
(4) The rate of company tax for Bougainville which may be set by the Autonomous Bougainville Government under Subsection (2)(b)(ii) shall not vary at any time by more or less than five from the number of percent at which the company tax is fixed for that time by the National Government.
(5) The Autonomous Bougainville Government shall, as soon as practicable, introduce in the House of Representatives such Bougainville laws as are necessary to enable the Autonomous Bougainville Government to exercise the powers relating to fiscal arrangements under the National Constitutional Laws and this section.
Division 3.
House of Representatives and Finance.
155. FINANCIAL RESPONSIBILITY OF THE HOUSE OF REPRESENTATIVES.
(2) For each fiscal year there shall be a Bougainville Budget comprising –
(a) estimates of finance proposed to be raised or received and estimates of proposed expenditure by the Autonomous Bougainville Government in respect of that fiscal year; and
(b) an appropriation for the expenditure for the service of that year in respect of the general public services; and
(c) such other supplementary Budgets and appropriations for expenditure as are necessary.
(3) As required by Paragraph 167 of the Bougainville Peace Agreement, the Autonomous Bougainville Government will not propose a deficit Budget without the prior written approval of the National Minister responsible for finance matters.
156. EXECUTIVE INITIATIVE.
(2) The House of Representatives 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.
157. REVENUE AND EXPENDITURE WITHOUT PRIOR APPROVAL.
(2) The authority conferred by Subsection (1) lapses when the House of Representatives has made provision for the public expenditure for the fiscal year in question, and any amounts expended by virtue of Subsection (1) are a charge against the expenditure so provided for and shall be properly brought to account accordingly.
Division 4.
Bougainville Auditor General.
158. ESTABLISHMENT OF OFFICE OF BOUGAINVILLE AUDITOR-GENERAL.
(2) The Bougainville Auditor-General shall be appointed for a period of five years by the Bougainville Senior Appointments Committee, which shall include for the purpose two persons appointed by the National Executive Council.
(3) In the performance of his functions under this Constitution, the Bougainville Auditor-General is not subject to direction or control by any person or authority.
159. FUNCTIONS OF THE BOUGAINVILLE AUDITOR-GENERAL.
(a) the public accounts of the Autonomous Region of Bougainville; and
(b) the control of, and transactions with or concerning, the public moneys and the property of Bougainville.
(2) Unless other provision is made by law in respect of the inspection and audit of them, Subsection (1) extends to the accounts, finances and property of –
(a) all arms, Departments, agencies and instrumentalities of the Autonomous Bougainville Government; and
(b) all bodies set up by a Bougainville law, or by executive or administrative act of the Bougainville Executive Council, for governmental or official purposes.
(3) Notwithstanding that other provision for inspection or audit is made as provided in Subsection (2), the Bougainville Auditor-General may, if he thinks it proper to do so, inspect and audit, and report to the House of Representatives on, any accounts, finances or property of an institution referred to in that subsection, insofar as they relate to, or are derived from, public moneys or property of Bougainville.
(4) A Bougainville law may expand on and may provide in more detail for, the functions of the Bougainville Auditor-General under Subsections (1), (2) and (3), and may confer on the Bougainville Auditor-General additional functions and duties consistent with the performance of the functions and duties conferred and imposed by Subsections (1), (2) and (3).
Division 5.
Public Accounts Committee.
160. ESTABLISHMENT OF THE PUBLIC ACCOUNTS COMMITTEE.
161. FUNCTIONS OF THE COMMITTEE.
(2) Subsection (1) extends to any accounts, finances and property that are subject to inspection and audit by the Bougainville Auditor-General under Section 159(2) (functions of the Bougainville Auditor-General) and to reports by the Bougainville Auditor-General under that subsection or Section 159(3) (functions of the Bougainville Auditor-General).
(3) A Bougainville law may expand and provide in more detail for the functions of the Committee under Subsections (2) and (3) and may confer on the Committee additional functions and duties consistent with the performance of the functions and duties conferred and imposed by those subsections.
Division 6.
Bougainville Salaries and Remuneration Commission.
162. THE BOUGAINVILLE SALARIES AND REMUNERATION COMMISSION.
(2) Provision for the composition of the Bougainville Salaries and Remuneration Commission shall be made by amendment of this Constitution or by a Bougainville law made by an absolute majority vote.
163. FUNCTIONS, ETC., OF THE COMMISSION.
(a) persons holding elective office under this Constitution; and
(b) Bougainville Constitutional Office-holders (including Bougainville Judges); and
(c) the Heads of Bougainville Government Services; and
(