(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely—
(a) the right to liberty of the person conferred by Section 42 of the Constitution; and
(b) the right to freedom from arbitrary search of person or property and entry of premises, conferred by Section 44 of the Constitution; and
(c) the right to freedom of expression and publication conferred by Section 46 of the Constitution; and
(d) the right to peacefully assemble and associate and to form or belong to, or not belong to, political parties, industrial organizations and other associations conferred by Section 47 of the Constitution; and
(e) the right to freedom of choice of employment in any calling for which a person has the qualifications (if any) lawfully required conferred by Section 48 of the Constitution; and
(f) the right to reasonable privacy in respect of private and family life, communications with other persons and personal papers and effects conferred by Section 49 of the Constitution; and
(g) the right of reasonable access to official documents conferred by Section 51 of the Constitution,
is a law that is made (pursuant to Section 38 of the Constitution)—
(h) taking account of the National Goals and Directive Principles (including in particular, the goal that Papua New Guinea should, among other things, be economically independent and its economy basically self reliant and to achieve development primarily through the use of Papua New Guinea forms of economic organization) and the Basic Social Obligations (including, in particular, the obligations to protect Papua New Guinea and to safeguard the national wealth, resources and environment in the interests not only of the present generation but also of future generations), for the purpose of giving effect to the public interest in public safety, public order, public welfare, and the development of underprivileged or less advanced groups or areas; and
(i) in order to protect the exercise of the rights and freedom of others; and
(j) to make provision for cases where the exercise of one such right may conflict with the exercise of another.
(2) Insofar as this Act involves a compulsory taking of possession of property or a compulsory acquisition of an interest in or right over property within the meaning of Section 53 of the Constitution—
(a) the purposes and reasons for each such taking and acquisition are declared and described to be—
(i) to facilitate and maintain the efficient and economical provision of compulsory third party motor vehicles insurance services (including provision of third party insurance coverage, claims assessment and determination and payment of basic protection compensation in appropriate circumstances); and
(ii) to maintain the peace and good order in Papua New Guinea,
and each of those purposes and reasons is hereby also declared and described as—
(iii) a public purpose; and
(iv) a reason that is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind,
for the purposes of Section 53 of the Constitution and for the purposes of any other relevant law; and
(b) for the purposes of Section 53(2) of the Constitution, just compensation will be made on just terms for the compulsory taking of possession of property or the compulsory acquisition of an interest in or right over property in accordance with the terms set out in Section 27A below and such terms will constitute compensation procured (and accordingly made) by, and made on behalf of, the State in connection with each such taking and acquisition.
(3) For the purposes of Section 41 of the Organic Law on Provincial Governments and Local-level Governments, it is declared that this Act relates to a matter of national interest and it is further declared that this Act deals with a matter of urgent national importance and it is in the national interest that this Act be made without delay.
