How Does a Bill Become an Act of Parliament?

Sections 109 to 116 of the Constitution govern law-making. The mechanics of debate belong to the Standing Orders, but the constitutional steps are fixed.

Section 109 — the general power

• (1) Subject to the Constitution, the Parliament may make laws, having effect within and outside the country, for the peace, order and good government of Papua New Guinea and the welfare of the People.
• (3) No law is open to challenge in any court on the ground that it is not for the peace, order or good government or the welfare of the People, or that it purports to have extra-territorial effect.
• (4) Each law shall receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the law according to its true intent, meaning and spirit — and there is no presumption against extra-territoriality.

Section 111 — who may introduce a Bill

Subject to section 210 (executive initiative) and to any Organic Law made for the purposes of Subdivision VI.2.H, any member of the Parliament is entitled to introduce a petition, question, bill, resolution or motion, in accordance with and subject to any reasonable restrictions in the Standing Orders. The Standing Orders may give priority to Government business at certain times or in certain circumstances.

Section 210 is the qualification that matters in money matters: proposals for taxation or expenditure require executive initiative — see the National Budget process.

Sections 113 and 114 — quorum and voting

• Quorum is one-third of the number of seats in the Parliament at the time.
• Except as otherwise provided, questions are decided by a majority of the members present and voting.
• The member presiding does not have a deliberative vote, except on a motion of no confidence, or on a question requiring an affirmative vote greater than a simple majority.
• Except where they have voted under subsection (2), the presiding member has a casting vote on an equality of votes — and if they fail to use it, the motion is deemed withdrawn.
• An Organic Law made for the purposes of Subdivision VI.2.H may restrict the voting rights of a member in certain circumstances — the provision considered in Re OLIPPAC [2010] PGSC 3; SC1057.

Section 110 — certification

Subject to section 137(3) and to any Act made for the purposes of section 110(3), the Speaker shall certify under the National Seal, in accordance with the Standing Orders, that a law has been made by the Parliament — and, subject to subsection (2), the law comes into operation on the date of the certificate.

Section 110(2) preserves two alternatives. A law may be expressed to come, or be deemed to have come, into force on a date specified by or fixed in accordance with law — the source of the familiar “comes into operation on a date to be fixed by the Minister by notice in the National Gazette”. And a law may be retrospective or retroactive.

Section 110(3) — recommittal

An Act or the Standing Orders may provide for a law made by the Parliament to be recommitted to the Parliament at the direction of the Head of State, acting with and in accordance with the advice of the National Executive Council, for consideration of amendments proposed by the Head of State on that advice. This is the nearest thing in the Papua New Guinean system to a power of return — and it is exercised on NEC advice, not personally.

Constitutional Laws follow a different path

A proposed law to alter the Constitution, or a proposed Organic Law, must satisfy section 14: publication in the National Gazette and circulation a month in advance, and support by the prescribed majority on two occasions at different meetings separated by at least two months. The Speaker’s certificate must then state the date of each vote, the number of seats, and the votes cast.

Section 116 — disallowance of subordinate laws

All subordinate legislative enactments made under an Act:

• (a) shall be tabled in the Parliament as soon as practicable, and in any event within seven sitting days after being made; and
• (b) are subject to disallowance in whole or in part by decision of the Parliament, in accordance with Sch.1.18 and the Standing Orders.

Failure to table does not invalidate the enactment (s 116(3)) — but it does deprive Parliament of the opportunity to disallow, which is why the tabling requirement is worth monitoring.