The Police Force (Presence Abroad) Act 2004 is a short Act of five sections, made to implement section 197(4) of the Constitution.
Section 1 — Parliament must approve
Where the National Executive Council proposes that the Police Force or a part of it should be ordered on, or committed to, an international peace-keeping or relief operation outside the country, the Prime Minister shall advise the Parliament of the circumstances and ask the Parliament to approve the proposal.
The trigger is an NEC proposal to deploy the Force or part of it abroad.
The purpose is limited. The Act speaks of an international peace-keeping or relief operation. It does not authorise deployment for other purposes.
Parliament decides. The Prime Minister must advise Parliament of the circumstances — not merely seek approval — and ask Parliament to approve. Deployment is a decision of the legislature, not of the Executive alone.
The requirement gives effect to section 197(4) of the Constitution, which contemplates legislative provision for the presence of the Police Force in another country.
Section 2 — the agreement with the receiving country
(1) Where Parliament has approved a proposal under section 1, the Prime Minister may enter into an agreement with the appropriate authorities of the country to which the Force is to be sent, setting out the terms and conditions relating to the presence of the Force there.
(2) Subject to subsection (3), an agreement shall subsequently be presented to the Parliament.
(3) Subsection (2) does not apply where both the Speaker (acting on behalf of Parliament) and the Prime Minister are satisfied that the agreement contains information the publication or disclosure of which is not in the interests of national security or of the security of the other country.
The sequence matters. Parliament approves the proposal under section 1; only then may the Prime Minister negotiate the agreement under section 2(1). An agreement entered into before approval would be outside the Act.
The agreement must then be presented to Parliament — a second layer of accountability, after the fact.
The exception in subsection (3) requires both the Speaker and the Prime Minister to be satisfied. It is not a decision the Executive can take alone, and the Speaker acts on behalf of Parliament. Note also that it is confined to security grounds — the national security of Papua New Guinea or of the receiving country.
Sections 3 and 4 — jurisdiction over deployed members
An agreement under section 2(1) shall contain provisions relating to the assertion of the exclusive jurisdiction of courts and tribunals of Papua New Guinea, and of Police Force authorities, over members of the Police Force in the country to which the Force is sent.
Where an agreement contains such provisions, the law of Papua New Guinea shall, notwithstanding anything contained in any other law, have effect outside Papua New Guinea to the extent provided by the agreement or necessary to give effect to the agreement.
Section 3 is mandatory — every agreement shall contain jurisdiction provisions. The Act does not permit a deployment on terms that leave members subject only to the receiving country’s courts.
The provision asserts two kinds of authority:
- The courts and tribunals of Papua New Guinea — criminal and civil jurisdiction; and
- Police Force authorities — the internal discipline system under Part IV of the Police Act 1998.
Section 4 then makes that assertion effective by giving PNG law extraterritorial operation, notwithstanding anything contained in any other law, to the extent the agreement provides or requires.
This is consistent with section 3 of the Police Act 1998, under which that Act applies to and in relation to members of the Force whether inside or outside the country. A member deployed abroad remains subject to section 20 and the whole of Part IV.
| Section | Effect |
|---|---|
| 1 | Parliament must approve a proposed peace-keeping or relief deployment |
| 2 | The Prime Minister may then agree terms with the receiving country; the agreement is presented to Parliament unless withheld on security grounds by both the Speaker and the Prime Minister |
| 3 | The agreement shall assert exclusive PNG jurisdiction — courts, tribunals and Police Force authorities |
| 4 | PNG law has effect outside the country to the extent the agreement provides or requires |
| 5 | The agreement may relate to civilian components or accompanying civilians, and the Act applies to them where applicable |
Section 5 — civilians accompanying the Force
An agreement may relate to civilian components of, or civilians accompanying, the Police Force or a part of it — and where applicable the provisions of this Act shall have effect in relation to such civilian components or civilians.
A modern deployment includes people who are not police officers: interpreters, medical staff, logistics and technical personnel, advisers.
Section 5 allows the agreement to cover them, and applies the Act to them where applicable. The practical significance is that the section 4 extraterritorial operation of PNG law can be extended to accompanying civilians, so that they are not left outside any legal framework.
The qualification “where applicable” recognises that not everything in the Act can sensibly apply to a civilian — a civilian is not a member of the Force and is not subject to the Police Act discipline code, which applies only to the categories listed in section 18.
For the Force’s internal structure and the discipline that continues to apply on deployment, see what the Police Act covers and how the Force is composed.
Sources
- Police Force (Presence Abroad) Act 2004 — ss 1–5
- Police Act 1998 — ss 3, 18, 20; Constitution — s 197
Before relying on anything here, read the current text of the Police Act 1998 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.