1
Compliance with Constitutional requirements.
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 freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and
(b) the right
to freedom of assembly and association conferred by Section 47 of the Constitution; and
(c) the right to privacy conferred by Section 49 of the Constitution; and
(d) the right to freedom of information conferred by Section 51 of the Constitution,
is a law that is made for the purpose of giving effect to the public interest in public safety and public order.
2
Interpretation.
(1) In this Act, unless the contrary intention appears—
"appointment" includes reappointment;
"Branch" means a Branch of the Force;
"classification" means the arrangement of members and ranks in classes, and includes the allotment of salaries or salary limits, to members or ranks according to the value of their work;
"the Commandant" means the Commandant of the Royal Papua New Guinea Constabulary;
"Commissioner" means the Commissioner of Police appointed under Section 9 and in relation to any power or function of the Commissioner of Police includes a person to whom the Commissioner has delegated any function or power in respect of the exercise by that person of that function or power;
"Community Auxiliary Police" means the Community Auxiliary Branch of the Force;
"date of appointment to the Force" means the date upon which a person becomes a member of the Force;
"disciplinary offence" means an offence declared by this Act to be a disciplinary offence;
"disciplinary officer" means—
(a) the Commissioner; or
(b) a commissioned officer appointed under Section 19 to act as a disciplinary officer;
"exempt member" means a member in relation to whom a declaration is in force under Section 36;
"family", in relation to a member, means—
(a) a spouse; and
(b) each person who is a natural or legally adopted child of the member and who is not the legally adopted child of any other person and—
(i) has not attained the age of 18 years; or
(ii) having attained the age of 18 years has not attained the age of 25 years and is engaged in a full time course of studies and is wholly dependent on the member; and
(c) relatives, including relatives of the spouse of a member, who are wholly dependent on and maintained by the member in such...
