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Organic Law on Provincial Governments and Local-level Governments (Amendment No.10) Law, 2006

PAPUA NEW GUINEA

ORGANIC LAW ON PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS (AMENDMENT NO.10) LAW, 2006

No. of 2006.

Organic Law on Provincial Governments and Local-level Governments (Amendment No.10) Law

Certified on:30 JAN 2007

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Organic Law on Provincial Governments and Local-level Governments (Amendment No.10) Law.

ARRANGEMENT OF SECTIONS.

1. Provincial Government and Provincial Legislature (Amendment of Section 10).
2. The Deputy Provincial Governor (Amendment of Section 18).
3. Provincial and Local-level Administrative System (Amendment of Section 72).
4. Functions of the Provincial and District Administrator (Amendment of Section 74).

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Organic Law on Provincial Governments and Local-level Governments (Amendment No 10) Law.

Being a law to alter the Organic Law on Provincial Governments and Local-level Government and for related purposes,

MADE By the National Parliament.

1. PROVINCIAL GOVERNMENT AND PROVINICAL LEGISLATURE (AMENDMENT OF SECTION 10).

Section 10 of the Organic Law is amended in Subsection 3 by repealing Paragraphs (b) and (c).

2. THE DEPUTY PROVINCIAL GOVERNOR (AMENDMENT OF SECTION 18).

Section 18 of the Organic Law is amended —

(a) in Subsection (2) by repealing "Section 10(3)(b) and (c) "and replacing them with the following:-

"Section 10(3)(a)"; and

(b) by repealing Subsections (3) and (4) and replacing them with the following:-

"(3) If the Deputy Provincial Governor —

(a) is dismissed from office in accordance with Section 20; or

(b) is appointed —

(i) a Minister or a Vice-Minister in the National Government; or

(ii) the Speaker or Deputy Speaker of the Parliament; or

(iii) the Leader or Deputy Leader of the Opposition in the Parliament; or

(iv) the Chairman of the Permanent Parliamentary Public Works Committee; or

(v) the Chairman of the Permanent Parliamentary Public Accounts Committee; or

(vi) to an office which has powers and privileges equivalent to those of a Minister; or

"(c) resigns his office by written notice to the Minister responsible for provincial government and local-level government matters; or; and

"(d) is, in the opinion of two medical practitioners appointed for the purpose by the National Authority responsible for the registration or licensing of medical practitioners, unfit, by reasons of physical or mental incapacity, to carry out the duties of his office; or

"(e) is otherwise disqualified by law or ceases to be a member of the Provincial Assembly or of the National Parliament,

he shall be deemed to have vacated the office of the Deputy Provincial Governor.

"(4) If the Deputy Provincial Governor vacates his office in accordance with Subsection (3), the Provincial Assembly shall elect the Deputy Provincial Governor in accordance with Subsection (2).

"(5) Where the Deputy Provincial Governor vacates his office in accordance with Subsection (3)(a), (b), (c), or (d), he shall continue to hold office as a member of the Assembly, and is eligible to be re-elected as the Deputy Provincial Governor.".

3. PROVINCIAL AND LOCAL-LEVEL ADMINISTRATIVE SYSTEM (AMENDMENT OF SECTION 72).

Section 72 of the Organic Law is amended in Subsection (2)(a) by adding the following new subparagraph:

"(iv) District Authorities; and".

4. FUNCTIONS OF THE PROVINCIAL AND DISTRICT ADMINISTRATOR (AMENDMENT OF SECTION 74).

Section 74 of the Organic Law is amended in Subsection (3) as follows:-

(a) by deleting the termination mark (full-stop) in Paragraph (b) and adding the following:

"; and"; and

(b) by inserting the following new paragraph:-

"(c) policy directions, functions and directions as from time to time issued by the Authority or as directed to him by the Authority.".

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I hereby certify that the above is a fair print of the Organic Law on Provincial Governments and Local-level Governments (Amendment No.10) Law which has been made by the National Parliament.

Clerk of the National Parliament.
30 JAN 2007

Constitution.

CERTIFICATE UNDER SECTION 14.

I, JEFFERY NAPE, Speaker of the National Parliament, hereby certify that the requirements of Section 14(1), (2) and (3) of the Constitution were complied with in respect of the Organic Law on Provincial Governments and Local-level Governments (Amendment No.10) Law and that the law was made by the National Parliament as follows:-

(a) the first vote was taken on 1 August 2006 when the number of seats in the National Parliament were 109 and those voting for the proposal were 73 and none voted against the proposal; and

(b) the second vote was taken on 8 November 2006 when the number of seats in the National Parliament were 109 and those voting for the proposal were 81 and none voted against the proposal.

Speaker of the National Parliament.
30 JAN 2007