BOUGAINVILLE COMMUNITY GOVERNMENT ACT 2016

Arrangement of Sections

ART

—

RELIMINARY

1 Short title ............................................................................................................................ 1

2 Commencement.................................................................................................................. 1

3 Aims of Act .......................................................................................................................... 1

4 Interpretation ...................................................................................................................... 2

ART

—

OMMUNITY

OVERNMENT

REAS AND

ARDS

5 Community government areas ........................................................................................... 4

6 Principles for division of areas into wards and election of ward representatives .............. 5

7 Wards .................................................................................................................................. 6

8 Alteration of areas, wards or number of ward representatives .......................................... 6

9 Arrangements following alteration of areas or wards ........................................................ 7

ART

—

OMMUNITY

OVERNMENTS

Division 1 — Introduction

10 Name ................................................................................................................................... 8

11 Status and structure ............................................................................................................ 8

Division 2 — Members

12 Term of office and declaration of office .............................................................................. 9

13 Role ..................................................................................................................................... 9

14 Application of Leadership Code ........................................................................................ 10

Division 3 — Officers and committees

15 Chair and Deputy Chair ..................................................................................................... 10

16 Executive committee ......................................................................................................... 12

17 Committees ....................................................................................................................... 13

Division 4 — Staff

18 Staff ................................................................................................................................... 14

19 Manager ............................................................................................................................ 15

20 Accounts Clerk................................................................................................................... 16

Division 5 — Functions and powers of community government

Sub-division 1 — Aims and functions

21 Aims .................................................................................................................................. 16

22 General functions .............................................................................................................. 16

23 Special functions under Bougainville Constitution ........................................................... 17

24 Waste management services ............................................................................................ 17

25 Donor funds and activities of non-government organisations ......................................... 18

Sub-division 2 — Community government rules

26 Community government rules .......................................................................................... 18

27 Disallowance of community government rules ................................................................ 19

28 Minister may require modification or revocation of rules ................................................ 20

Sub-division 3 — Judicial powers

29 Judicial powers vested in courts ....................................................................................... 20

- ii -

Sub-division 4 — Supporting powers

30 Powers of entry ................................................................................................................. 20

31 Access to community government records by members.................................................. 21

32 Delegation ......................................................................................................................... 21

Sub-division 5 — Guidance

33 Guiding principles ............................................................................................................. 21

34 Guidance by Secretary ...................................................................................................... 22

Division 6 — Financial matters

35 Sources of funds ................................................................................................................ 22

36 Taxes and rates .................................................................................................................. 23

37 Allowances and remuneration .......................................................................................... 23

38 Compliance with Public Finance Act ................................................................................. 24

39 Responsibilities for financial planning and reporting ....................................................... 25

ART

—

USTOMARY

UTHORITY AND

ARD

FFAIRS

40 Customary authority ......................................................................................................... 26

41 Ward steering committee ................................................................................................. 26

42 Functions of ward steering committee ............................................................................. 26

43 Ward recorder and ward records ...................................................................................... 27

44 Guidance by Secretary ...................................................................................................... 28

ART

—

EETINGS AND

ARD

SSEMBLIES

Division 1 — Community government meetings

45 Ordinary meetings of community government ................................................................ 28

46 Special meetings of community government ................................................................... 28

47 Date, time and notice of meetings of community government ....................................... 29

48 Procedure at meetings of community government .......................................................... 29

49 Records of decisions of community government ............................................................. 30

Division 2 — Executive committee and other committee meetings

50 Notice of, and procedure at, committee meetings ........................................................... 30

51 Records of decisions of committees ................................................................................. 30

Division 3 — Ward assemblies

52 Ordinary ward assembly ................................................................................................... 30

53 Special ward assemblies ................................................................................................... 30

54 Notice of, and procedure at, ward assemblies .................................................................. 31

55 Records of decisions of ward assembly ............................................................................ 31

56 Resolution of failure to agree by ward representatives .................................................... 31

Division 4 — Ward steering committee meetings

57 Notice of, and procedure at, ward steering committee meetings .................................... 32

58 Records of decisions of ward steering committee ............................................................ 32

Division 5 — Rights of Member of House of Representatives

59 Rights of Member of House of Representatives ............................................................... 32

Division 6 — Obstruction of meetings or ward assemblies

60 Obstruction of meetings or ward assemblies ................................................................... 33

- iii -

ART

—

LECTIONS AND

ASUAL

ACANCIES

61 Periodic elections .............................................................................................................. 33

62 Entitlement to vote ........................................................................................................... 33

63 Eligibility to be candidate for election .............................................................................. 34

64 Removal from office by Bougainville Executive Council.................................................... 34

65 Casual vacancies ................................................................................................................ 35

66 Filling of casual vacancies ................................................................................................. 36

67 Supplementary elections .................................................................................................. 37

68 Election regulations .......................................................................................................... 37

ART

—

VERSIGHT OF

OMMUNITY

OVERNMENT BY

UTONOMOUS

OUGAINVILLE

OVERNMENT

69 Records to be made available to Secretary ....................................................................... 38

70 Information gathering powers of Secretary ...................................................................... 38

71 Minister may request community government to take specified action .......................... 38

72 Action on grounds community government in default or pending investigation ............. 38

73 Administration of community government ...................................................................... 40

ART

—

ISCELLANEOUS

74 False or misleading information ........................................................................................ 42

75 Delegation by Minister or Secretary ................................................................................. 42

76 Service of applications, notices and other documents ..................................................... 42

77 Protection from civil liability ............................................................................................. 43

78 Evidentiary aid................................................................................................................... 43

79 Human rights ..................................................................................................................... 44

80 Act binds Autonomous Bougainville Government ............................................................ 44

81 Regulations ........................................................................................................................ 44

ART

—

EPEALS

MENDMENTS

AVING AND

RANSITIONAL

ROVISIONS

Division 1 — Saving provision

82 Continuation of Council of Elders until repeal of Act ........................................................ 45

Division 2 — Repeal of Acts

83 Repeal of Acts ................................................................................................................... 46

Division 3 — Transitional provisions

84 Continuation of Arawa Town Council as Arawa Community Government ....................... 46

85 Continuation of Buka Town Council as Buka Community Government ............................ 47

86 Continuation of rules of Arawa and Buka Town Councils ................................................. 47

87 Definition of Arawa and Buka community government areas .......................................... 48

88 Dissolution of Councils of Elders ....................................................................................... 48

89 References ......................................................................................................................... 48

Division 4 — Consequential amendments of other Acts

90 Consequential amendments of other Acts ....................................................................... 49

CHEDULE

1—M

ODEL

EAD

ULE

Part 1 — Preliminary 1

Section 3 Aims of Act

AUTONOMOUS REGION OF BOUGAINVILLE

(№ 1 of 2016)

BOUGAINVILLE COMMUNITY GOVERNMENT ACT 2016

Being an Act to—

(a) provide for community government; and

(b) repeal the Council of Elders Act 1996 and the Council of Elders (Head Tax)

(Enabling) Act 2006; and

Bougainville Elections Act 2007, the Bougainville Mining Act 2015, the

Bougainville Physical Planning Act 2013, the Constitutional Laws (Consultation)

Act 2006, the Interpretation Act 2005 and the Liquor Control Act 2001.

MADE by the House of Representatives, to come into operation as set out in Section 2.

PART 1 — PRELIMINARY

1 Short title

This Act is the Bougainville Community Government Act 2016.

2 Commencement

This Act comes into operation on its certification under Section 66 of the

Bougainville Constitution.

3 Aims of Act

This Act aims—

(a) to provide for a system of community government to replace the Councils of

Elders as a level of formal government below the level of the Autonomous

Bougainville Government; and

(b) to ensure that the system of community government is consistent with the

Bougainville Constitution and best serves the people of Bougainville and the

variations in circumstances and needs in various parts of Bougainville; and

government; and

(d) to improve the capacity of community government to plan for and develop

community government areas; and

(e) to encourage community government and the Autonomous Bougainville

Government to coordinate appropriate services and facilities to meet the

present and future needs of communities; and

Bougainville Community Government Act 2016

Part 1 — Preliminary 2

Section 4 Interpretation

(f) to improve the capacity of community government to support communities

to strengthen peace and security, in particular, through respect for

customary authority; and

(g) to ensure the accountability of community government to communities and

the Autonomous Bougainville Government.

4 Interpretation

(1) In this Act, unless the contrary intention appears—

Accounts Clerk means a person holding or acting in the office of Accounts Clerk

(see Sections 18 and 20);

Arawa, see Sections 84 and 87;

Bougainville Public Finance Act means the Bougainville Public Finance

(Management and Administration) Act 2014;

Bougainville Public Service Act means the Bougainville Public Services

(Management and Administration) Act 2014;

Buka, see Sections 85 and 87;

casual vacancy in the office of a member of a community government means

a vacancy that occurs under Section 65;

Chief Secretary means the person holding or acting in the office of Chief

Secretary under the Bougainville Public Service Act;

community government means a community government established under

this Act;

community government area means an area for which there is, or is to be, a

community government as set out in Section 5;

completion of an election has the meaning assigned by the regulations;

elector of a ward means a person entitled to vote in an election of ward

representatives for the ward (see Section 62);

general election of a community government means—

(a) a periodic election of the community government; or

(b) a supplementary election of the community government;

Manager, of a community government, means the person holding or acting in

the officer of Manager of the community government (see Sections 18 and 19);

member of a community government means a member of the governing body

of the community government;

periodic election of a community government means an election held under

Section 61;

Public Service officer means an officer or employee of the Bougainville Public

Service;

Bougainville Community Government Act 2016

Part 1 — Preliminary 3

Section 4 Interpretation

Secretary means—

(a) in a reference to a Secretary of a particular Department—the

Departmental Head of that Department; and

(b) in a reference to a Secretary responsible for a particular subject matter—

the Departmental Head of the Department with responsibility for that

subject matter; and

the Secretary of a particular Department or responsible for a particular

subject matter—the Departmental Head of the Department that is, under

the Minister, responsible for the administration of this Act;

single member constituency means a single member constituency with

boundaries determined under Section 105 of the Bougainville Constitution;

supplementary election of a community government means an election held

under Section 67;

urban community government means a community government of an urban

community government area;

urban community government area, see Section 5(2);

ward assembly means a meeting of the people of a ward;

ward of a community government area means a geographical area into which

a community government area is divided under this Act or, if a community

government area is comprised of a single ward under this Act, the whole of the

community government area;

ward recorder means a person holding or acting in the office of ward recorder

for a ward (see Section 43);

ward records, see Section 43(2);

ward representative means a member of a community government elected by

the electors of a ward to represent the people of the ward (see Section 6(1)

and (5));

ward steering committee means a steering committee established for the

people of a ward (see Section 41).

(2) Notes in this Act do not form part of the Act.

(3) An example in this Act—

(a) forms part of the Act; and

(b) is not exhaustive; and

which it relates.

Bougainville Community Government Act 2016

Part 2 — Community Government Areas and Wards 4

Section 5 Community government areas

PART 2 — COMMUNITY GOVERNMENT AREAS AND WARDS

5 Community government areas

(1) Bougainville is divided into community government areas as set out in this section.

Note—A community government area may be:

• an urban community government area (see Subsection (2)); or

• the whole of a single member constituency, excluding any urban community

government area (see Subsection (3)); or

• part of a single member constituency, excluding any urban community government

area (see Subsection (4)).

(2) There are the following urban community government areas—

(a) Arawa is an urban community government area;

(b) Buka is an urban community government area;

of the Bougainville Executive Council, declare a specified area to be an urban

community government area and assign a name to the area.

(3) Subject to Subsection (4)—

(a) the area of each single member constituency is a community government

area (excluding any urban community government area within the

constituency); and

(b) the community government area has the same name as the single member

constituency.

(4) The Minister may, by notice in the Bougainville Gazette made on the advice of the

Bougainville Executive Council—

(a) divide the area of a single member constituency (excluding any urban

community government area within the constituency) into a number of

separate community government areas; and

(b) assign a name to each such area.

(5) A notice under this section has effect for the next general election of a community

government of the area and from the conclusion of that election.

(6) Before a notice is made under this section, the Minister must—

(a) consult with—

(i) traditional chiefs and other traditional leaders of the people affected

by the proposal to make the notice; and

(ii) each community government affected by the proposal to make the

notice (except any community government that is a party to the

proposal); and

Bougainville Community Government Act 2016

Part 2 — Community Government Areas and Wards 5

Section 6 Principles for division of areas into wards and election of ward representatives

(b) in the case of a notice dividing a single member constituency into a number

of separate community government areas—take into account that such a

division should only occur if—

(i) there are communities in the constituency that are subject to such

extraordinary isolation or requirements for development that they

should be served by separate community governments; or

(ii) the nature of the cultural or linguistic differences between the

communities in, or the geography or topography of, the constituency

is such that the communities should be served by separate community

governments; or

(iii) it is not practicable for a single community government to adequately

serve all of the communities in the constituency for other reasons.

(7) However, failure to comply with Subsection (6) is not a ground for invalidity of a

notice under this section.

6 Principles for division of areas into wards and election of ward representatives

(1) Subject to this section—

(a) a community government area is to be divided into not less than 3 and not

more than 15 wards; and

(b) the electors of a ward are to elect 1 man and 1 woman to represent the

people of the ward as members of the community government.

(2) In deciding how to divide a community government area into wards, the aims are—

(a) for a community government area other than an urban community

government area—to divide the area in a way that strengthens customary

authority, and facilitates communication between communities and their

elected representatives, taking into account customary, linguistic and other

ties and how geography and topography affect customary authority and the

feasibility of such communication; and

(b) for an urban community government area—to divide the area in a way that

means that there are a similar number of electors of each ward so as to avoid

over-representation of the people of 1 ward as compared to another.

(3) The regulations may specify other aims to be pursued in dividing a community

government area into wards.

(4) In special cases, if—

(a) the community government area is part of the area of a single member

constituency under Section 5(4); and

Bougainville Community Government Act 2016

Part 2 — Community Government Areas and Wards 6

Section 8 Alteration of areas, wards or number of ward representatives

(b) dividing the area into at least 3 wards would not be conducive to the

required aims or is not practicable for other reasons,

the community government area may be divided into 2 wards or may be

comprised of a single ward.

(5) If a community government area is comprised of 1 or 2 wards, the electors of a

ward are to elect up to 4 men and 4 women to represent the people of the ward

as members of the community government.

Note—See Part 6 for provisions governing elections.

7 Wards

(1) Before the first periodic election of a community government under this Act for a

community government area, the Minister must, by notice in the Bougainville

Gazette made on the advice of the Bougainville Executive Council—

(a) divide the community government area into wards and assign a name to

each ward; or

(b) declare that the community government area is to be comprised of a single

ward (being the whole of the area) of the same name as the community

government area.

(2) If a community government area is divided into 2 wards or is comprised of a single

ward, the notice must specify the number of men and the number of women

(which must be the same number) to be elected as ward representatives.

(3) Before a notice is made under this section, the Minister must—

(a) consult with traditional chiefs and other traditional leaders of the people of

the community government area; and

(b) take into account the principles set out in Section 6.

(4) However, failure to comply with Subsection (3) is not a ground for invalidity of a

notice under this section.

8 Alteration of areas, wards or number of ward representatives

(1) The Minister may, by notice in the Bougainville Gazette made on the advice of the

Bougainville Executive Council—

(a) alter the boundaries of a community government area other than an area

comprising the whole of a single member constituency; or

(b) alter the boundaries of a ward; or

ward; or

Bougainville Community Government Act 2016

Part 2 — Community Government Areas and Wards

Section 9 Arrangements following alteration of areas or wards

(d) declare that a community government area is to be comprised of a single

ward (being the whole of the area) of the same name as the community

government area; or

(e) if a community government area is comprised of 1 or 2 wards—alter the

number of men and the number of women (which must be the same

number) to be elected as ward representatives; or

(f) alter the name of a community government area other than an area

comprising the whole of a single member constituency; or

(g) alter the name of a ward.

Note—It may be necessary to exercise the power to alter the area of a ward following an

alteration of the boundaries of a single member constituency under Section 105 of the

Bougainville Constitution.

The name of a community government area comprised of the whole of a single member

constituency will alter if the name of the single member constituency is altered.

(2) A notice under Subsection (1) that results in a community government area being

comprised of 1 or 2 wards must specify the number of men and the number of

women (which must be the same number) to be elected as ward representatives.

(3) Subject to Subsection (4), a notice under Subsection (1) has effect for the next

general election of a community government of the area and from the conclusion

of that election.

(4) A notice under Subsection (1) that alters the name of a community government

area or ward has effect—

(a) on and from a date (not earlier than the date of publication of the notice in

the Bougainville Gazette) specified in the notice; or

(b) if no date is specified in the notice—for the next general election of a

community government of the area and from the conclusion of that election.

(5) Before a notice is made under this section, the Minister must—

(a) consult with traditional chiefs and other traditional leaders of the people

affected by the proposal to make the notice; and

(b) consult with each community government affected by the proposal to make

the notice (except any community government that is a party to the

proposal); and

(6) However, failure to comply with Subsection (5) is not a ground for invalidity of a

notice.

9 Arrangements following alteration of areas or wards

(1) Following the making of a notice under this Part that alters the boundaries of a

community government area or ward, the community governments and people of

Bougainville Community Government Act 2016

Part 3 — Community Governments 8

Division 1 — Introduction

Section 11 Status and structure

the wards affected should work together to ensure the proper functioning of the

community governments and the proper adjustment of ward records following the

alteration.

Example—The community governments affected may make arrangements for the sharing

or transfer of records, staff, assets or liabilities.

(2) If a dispute arises—

(a) a community government affected may refer the matter to the Minister; and

(b) the community governments and the people of the wards affected must act

as directed by the Minister.

PART 3 — COMMUNITY GOVERNMENTS

Division 1 — Introduction

10 Name

Each community government area is to have a community government called

“[Area name] Community Government”.

Example—The single member constituency of Ramu has a community government called

Ramu Community Government.

11 Status and structure

(1) A community government—

(a) is a body corporate; and

(b) has perpetual succession and a common seal; and

(d) subject to this Act, has all the powers of a natural person that are capable of

being exercised by a body corporate.

(2) The governing body of a community government—

(a) is comprised of the men and women elected as ward representatives (see

Part 6); and

(b) has a Chair and a Deputy Chair chosen by the members of the governing

body (see Section 15).

(3) A community government has—

(a) an executive committee (see Section 16); and

(b) other committees that it establishes (see Section 17); and

Bougainville Community Government Act 2016

Part 3 — Community Governments 9

Division 2 — Members

Section 13 Role

(i) a Manager; and

(ii) an Accounts Clerk.

(4) For each ward of a community government area, there is—

(a) a ward steering committee (see Section 41); and

(b) a ward recorder who is to keep ward records (see Section 43).

(5) If a document appears to bear the common seal of a community government and

the signatures of the Chair and the Manager of the community government

attesting the affixation of the seal, it is to be taken, in the absence of proof to the

contrary, to have been duly executed by the community government.

(6) No act or proceeding of a community government is invalid by reason of—

(a) a vacancy or vacancies in the membership of its governing body; or

(b) a defect in the election or appointment of a member or members of its

governing body; or

subsequently declared void by a court of competent jurisdiction.

Division 2 — Members

12 Term of office and declaration of office

(1) The term of office of a member of a community government commences when,

following the election or appointment of the member, the member makes, before

the Manager of the community government, the following declaration of office—

“I [name of member] of [name of ward] promise that I will well and truly

serve the people of Bougainville, and the people of [name of community

government area] as a member of [name of community government]”.

(2) Subject to this Act, the term of office of a member of a community government

expires at the conclusion of the next periodic election of the community

government held after the member’s election or appointment to office.

Note—Part 6 contains provisions relevant to elections and casual vacancies.

13 Role

The role of a member of a community government is—

(a) as a member of the governing body of the community government—

(i) to participate in the deliberations and civic activities of the community

government; and

Bougainville Community Government Act 2016

Part 3 — Community Governments 10

Division 3 — Officers and committees

Section 15 Chair and Deputy Chair

(ii) to keep under review the community government’s resource

allocation, expenditure and activities, and the efficiency and

effectiveness of its service delivery; and

(iii) to ensure, as far as is practicable, that the requirements of this Act are

observed; and

(b) as a ward representative—

(i) to represent the interests of the people of the ward; and

(ii) to participate in the ward steering committee; and

(iii) to facilitate communication between the people of the ward, the ward

steering committee and the community government.

14 Application of Leadership Code

The office of a member of a community government is declared to be an office to

and in relation to which Part XIII (Leadership Code) of the Bougainville Constitution

applies.

Division 3 — Officers and committees

15 Chair and Deputy Chair

(1) The role of the Chair of a community government is—

(a) to preside at meetings of the community government; and

(b) to participate in the annual conference of the Heads of all levels of formal

government under Section 49(5) of the Bougainville Constitution; and

(d) to perform other functions assigned to the Chair under this Act.

(2) The role of the Deputy Chair of a community government is—

(a) to act in the office of the Chair in the absence of the Chair from official

duties; and

(b) to perform other functions assigned to the Deputy Chair under this Act.

(3) The Chair and Deputy Chair are to be chosen by the members of the community

government from amongst their own number by secret ballot—

(a) at the first meeting of the community government following a general

election of the community government; and

(b) from time to time, at a meeting of the community government, as required

to fill a vacancy in the office.

(4) The Chair and Deputy Chair must not be ward representatives for the same ward

(except if the community government area is comprised of a single ward).

Bougainville Community Government Act 2016

Part 3 — Community Governments 11

Division 3 — Officers and committees

Section 15 Chair and Deputy Chair

(5) If the Chair is a man, the Deputy Chair must be a woman and, if the Chair is a

woman, the Deputy Chair must be a man.

(6) The gender of the member chosen as Chair following a periodic election must not

be the same as the gender of the person who was Chair immediately before the

periodic election.

(7) The gender of the member chosen as Chair following a supplementary election

must be the same as the gender of the person who was Chair immediately before

the supplementary election.

(8) The gender of the member chosen to be the Chair or Deputy Chair to fill a vacancy

in the office must be the same as the gender of the member’s predecessor.

(9) A secret ballot for choosing a Chair or Deputy Chair must be conducted by a Public

Service officer designated by the Secretary.

(10) If the votes for 2 or more candidates are equal after the first secret ballot, a second

secret ballot is to be conducted, and, if the votes for 2 or more candidates are still

equal after the second secret ballot, a third secret ballot is to be conducted.

(11) If the votes for 2 or more candidates are still equal after a third secret ballot, the

person who is to be Chair or Deputy Chair is to be chosen as follows—

(a) if the Member of the House of Representatives for the single member

constituency that constitutes the community government area or in which

the community government area is located is present—the Member is to

choose the member of the community government who is to be Chair or

Deputy Chair; or

(b) in any other case—the Public Service officer conducting the ballot is to draw

lots to determine which candidate or candidates are to be excluded.

(12) A member may resign as Chair or Deputy Chair by notice in writing to the Manager

of the community government and the Manager must inform the other members

of the community government of the resignation as soon as reasonably

practicable.

(13) Subject to Subsection (14), a member may be removed as Chair or Deputy Chair

by resolution passed by a number of members that is at least ½ of the total number

of members of the community government (ignoring any fraction resulting from

the division) plus 1, on a motion signed or supported by a show of hands by a

number of members that is at least ⅓ of the total number of members of the

community government.

(14) However, a motion for a resolution under Subsection (13) may not be moved—

(a) within 12 months of the member being chosen as Chair or Deputy Chair (as

the case requires); or

Bougainville Community Government Act 2016

Part 3 — Community Governments 12

Division 3 — Officers and committees

Section 16 Executive committee

(b) within the last 3 months before the next periodic election of the community

government.

(15) The Chair and Deputy Chair must be guided in performing their functions by any

manual issued by the Secretary for the use of Chairs and Deputy Chairs of

community governments.

16 Executive committee

(1) The executive committee of a community government is comprised of—

(a) the Chair of the community government; and

(b) the Deputy Chair of the community government; and

(i) if the community government has established committees—up to

3 other members of the community government selected at a meeting

of the community government from amongst the presiding members

of the committees established by the community government (see

Section 17); or

(ii) if the community government has not established committees—up to

3 other members of the community government selected at a meeting

of the community government.

(2) The role of the executive committee is—

(a) to ensure that the policies and lawful decisions of the community

government are implemented in a timely and efficient manner; and

(b) to ensure that the assets and resources of the community government are

properly managed and maintained; and

for the performance of its functions; and

(d) to provide advice and reports to the community government on the

performance or exercise of the functions or powers of the community

government and its committees under this Act or another Bougainville law;

and

(e) to perform other functions assigned to the executive committee under this

Act.

(3) The Chair of the community government is the presiding member of the executive

committee.

(4) The executive committee must make regular reports on its operations to the

community government.

Bougainville Community Government Act 2016

Part 3 — Community Governments 13

Division 3 — Officers and committees

Section 17 Committees

(5) The executive committee must be guided in performing its functions by any

manual issued by the Secretary for the use of executive committees of community

governments.

(6) The fact that there is an executive committee does not prevent the community

government from acting in a matter.

(7) No act or proceeding of the executive committee is invalid by reason of a vacancy

or vacancies in the membership of the committee.

17 Committees

(1) Subject to this Act, a community government may establish committees.

(2) A committee may be established—

(a) to assist the community government in the performance of its functions; or

(b) to inquire into and report on matters within the ambit of the functions of the

community government; or

(d) to perform or exercise functions or powers delegated to it by the community

government.

(3) If the community government makes a rule for the imposition of head tax, it must

establish a committee (of not more than 5 members) to determine applications for

relief from head tax and delegate that function to the committee.

Note—See Sections 26, 36 and Schedule 1.

(4) The membership of a committee is to be determined by the community

government.

(5) A committee may include persons who are not members of the community

government except if it is to exercise functions or powers delegated to it by the

community government.

(6) The community government must appoint a person as the presiding member of a

committee, or make provision for the appointment of a presiding member by the

committee.

(7) The community government may remove a member from a committee, or alter

the membership of a committee, as it considers appropriate.

(8) A community government must, when establishing a committee, determine the

reporting and other accountability requirements that are to apply in relation to the

committee.

Bougainville Community Government Act 2016

Part 3 — Community Governments 14

Division 4 — Staff

Section 18 Staff

(9) A committee of a community government must be guided in performing its

functions by any manual issued by the Secretary for the use of committees of

community governments.

(10) The establishment of a committee does not prevent the community government

from acting in a matter.

(11) No act or proceeding of a committee is invalid by reason of—

(a) a vacancy or vacancies in the membership of the committee; or

(b) a defect in the appointment of a member or members of the committee.

Division 4 — Staff

18 Staff

(1) Each community government is to be assigned—

(a) a Public Service officer to be the Manager of the community government;

and

(b) a Public Service officer to be the Accounts Clerk of the community

government.

(2) The Secretary may, after consultation with the Chief Secretary and the Secretary

responsible for the Public Service, assign other Public Service officers to a

community government.

(3) Subject to Subsection (4), the Bougainville Public Service Act applies to Public

Service officers assigned to a community government.

(4) While a Public Service officer is assigned to a community government, lawful

directions given to the officer by or on behalf of the community government

prevail over directions given to the officer by the Secretary responsible for the

Department in which the officer is employed, to the extent of any inconsistency.

(5) A community government may, with the approval of the Secretary, employ other

staff (who are not Public Service officers) on terms and conditions approved by the

Minister in consultation with the Minister responsible for the Public Service.

(6) All staff assigned to or employed by a community government are responsible to

the Manager of the community government.

(7) If a function or power of a community government is delegated to a member of

the staff of the community government other than the Manager, the staff member

is responsible to the Manager for the efficient and effective exercise or

performance of that function or power.

Note—See Section 32 for the power of delegation.

Bougainville Community Government Act 2016

Part 3 — Community Governments 15

Division 4 — Staff

Section 19 Manager

(8) An individual member of a community government has no direct authority over a

member of the staff of the community government with respect to the way in

which the staff member performs official functions or powers.

Note—However, the Manager is responsible to the community government for the

performance of the Manager’s functions and the Accounts Clerk and other staff are

responsible, through the Manager, to the community government for the performance of

their functions.

19 Manager

(1) The role of the Manager of a community government is to be the chief executive

officer of the community government, and in that role—

(a) to organise meetings of the community government and its committees; and

(b) to ensure proper records are kept of the operations and affairs of the

community government; and

in accordance with proper practices; and

(d) to oversee the keeping of ward records for the wards of the community

government area; and

(e) to otherwise manage the provision of the administrative support required

by the community government to perform its functions; and

(f) to promptly advise the Secretary of any concerns about financial or

administrative mismanagement of the operation or affairs of the community

government; and

(g) to perform other functions assigned to the Manager under this Act.

(2) The Manager may delegate to a member of the staff of the community

government functions or powers under this Act (except a function or power

excluded from delegation by the regulations).

(3) A function or power that is delegated by the Manager may not be further

delegated unless that is expressly allowed by the Manager.

(4) The Manager must be guided in performing functions, exercising powers, and

delegating functions and powers, by any manual issued by the Secretary for the

use of Managers of community governments.

Note—Part II Division 10 of the Interpretation Act 2005 contains provisions relevant to

delegations under Bougainville law.

Bougainville Community Government Act 2016

Part 3 — Community Governments 16

Division 5 — Functions and powers of community government

Section 22 General functions

20 Accounts Clerk

(1) The role of the Accounts Clerk of a community government is—

(a) to keep proper accounts and records of the transactions and affairs of the

community government as required by the Bougainville Public Finance Act;

and

(b) to promptly advise the Manager of any concerns about mismanagement of

the funds of a community government; and

(2) The Accounts Clerk may, with the approval of the Manager of the community

government, delegate to a member of the staff of the community government

functions or powers under this Act (except a function or power excluded from

delegation by the regulations).

(3) A function or power that is delegated by the Accounts Clerk may not be further

delegated unless that is expressly allowed by the Accounts Clerk with the approval

of the Manager of the community government.

(4) The Accounts Clerk must be guided in performing functions, exercising powers,

and delegating functions and powers, by any manual issued by the Secretary for

the use of Accounts Clerks of community governments.

Note—Part II Division 10 of the Interpretation Act 2005 contains provisions relevant to

delegations under Bougainville law.

Division 5 — Functions and powers of community government

Sub-division 1 — Aims and functions

21 Aims

The principal aims of a community government are to improve the lives of the

people of its area and to improve the self-sufficiency and sustainability of its area.

22 General functions

(1) A community government has the following functions—

(a) to identify the present and future needs of the people of its area and to

prioritise those needs, especially through consultation with its ward steering

committees; and

(b) to contribute to district planning on behalf of the people of its area taking

into account those needs and priorities; and

district planning, in conjunction with its ward steering committees and

others; and

Bougainville Community Government Act 2016

Part 3 — Community Governments

Division 5 — Functions and powers of community government

Section 24 Waste management services

(d) to carry out administrative and management functions assigned to it through

district planning in an efficient and effective manner; and

(e) to otherwise work with the Autonomous Bougainville Government and other

community governments to coordinate appropriate services and facilities for

the benefit of the people of its area; and

(f) to monitor the provision of services and facilities by the Autonomous

Bougainville Government in its area and facilitate the management of the

performance of Public Service officers and teachers; and

(g) to encourage the development of business, commerce, industry and tourism

in its area, and the use of the resources in its area, in a socially just and

sustainable manner; and

(h) to encourage other initiatives for improving the quality of life of the people

of its area; and

(i) to represent the interests of the people of its area to the wider community.

(2) A community government may also carry out, or provide assistance for, projects

for the benefit of the people of its area funded from sources other than money

appropriated for its purposes by the House of Representatives or National

Parliament.

(3) A community government has the functions assigned to it under the Bougainville

Mining Act 2015 for the establishment of community mining licence reserves and

relating to community mining licences and tenements.

(4) A community government has any other functions assigned to it under this Act or

under any other Bougainville law.

23 Special functions under Bougainville Constitution

A community government has the following functions under the Bougainville

Constitution—

(a) to participate in the annual conference of the Heads of all levels of formal

government under Section 49(5) of the Bougainville Constitution; and

(b) to ensure, as far as is within its power, compliance with Section 51 (relating

to traditional systems of government) of the Bougainville Constitution; and

Bougainville Constitution (relating to constitutional amendments) in

accordance with the Constitutional Laws (Consultation) Act 2006.

24 Waste management services

(1) An urban community government has the additional function of providing waste

management services in its area.

Bougainville Community Government Act 2016

Part 3 — Community Governments 18

Division 5 — Functions and powers of community government

Section 26 Community government rules

(2) Any rubbish that a community government collects within its area is the property

of the community government and the community government may sell or

dispose of it as it considers appropriate.

25 Donor funds and activities of non-government organisations

(1) A community government is entitled to be consulted before a decision is made by

the Autonomous Bougainville Government about the expenditure of donor funds

in its area.

(2) A non-government organisation may not engage in activities in a community

government area except with the prior approval of the community government.

Sub-division 2 — Community government rules

26 Community government rules

(1) A community government may, in accordance with this section and the

Interpretation Act 2005, make rules for the peace, order and good government of

its area.

(2) A community government rule may only be made by consensus or by resolution

passed by a number of members that is at least ⅔ of the total number of members

of the community government.

(3) A community government may not delegate the power to make rules.

(4) Rules may not have the effect of increasing a fiscal responsibility of the

Autonomous Bougainville Government unless the Bougainville Executive Council

has expressly approved that effect.

(5) Without limitation, rules may—

(a) provide for decisions of an administrative nature to be made according to

the discretion of the Manager, a ward recorder, a committee of the

community government or a ward steering committee; and

(b) provide for administrative fees to be paid in respect of a matter under the

rules and regulate the payment (including by instalment), recovery, waiver

or reduction of such fees; and

Note—An administrative fee provided for by rules must be a reasonable

approximation of the cost of the provision of the services to which the administrative

fee relates (for example, a licence fee must be a reasonable approximation of the

cost of administering the licensing scheme for a licence).

If the fee is not related to that cost or is designed to raise revenue, it is a tax and

must be authorised by this Act (see Section 36) or another Act of the House of

Representatives.

imprisonment not exceeding 6 months, or both.

Bougainville Community Government Act 2016

Part 3 — Community Governments 19

Division 5 — Functions and powers of community government

Section 27 Disallowance of community government rules

(6) To the extent that it is practicable, rules should be made by adopting model rules

made available by the Secretary, with or without modification.

(7) A rule is invalid to the extent of any inconsistency with the Bougainville

Constitution, the National Constitution or any Bougainville or National law

applying in the community government area.

(8) Before a rule may be notified in the Bougainville Gazette as required by Section 68

of the Interpretation Act 2005, it must be approved in writing by the Minister.

(9) If the Minister refuses to approve a rule, the Minister must give the community

government a written statement of the reasons for the refusal.

Note—Sections 68 and 69 of the Interpretation Act 2005 govern the notification and

commencement of rules as follows—

68 Notification of certain instruments

The making of a regulation, rule or by-law, and the place where copies of

it can be purchased, shall be notified in the Bougainville Gazette.

69 Commencement of certain instruments

(1) Unless the contrary intention appears in the instrument, a regulation, rule

or bylaw comes into operation on the date of notification under

Section 68.

(2) A regulation, rule or by-law shall not be expressed to take effect from a

date before the date of notification under Subsection (1) in a case where,

if it so took effect—

(a) the rights of a person (other than the State or an authority of the

State) existing at the date of notification would be effected in a

manner prejudicial to that person; or

(b) liabilities would be imposed on a person (other than the State or an

authority of the State) in respect of anything done or omitted to be

done before the date of notification,

and any part of any regulation, rule or by-law that is made in

contravention of this section is void and of no effect.

27 Disallowance of community government rules

(1) A rule of a community government must be tabled in the House of Representatives

within 2 sitting days after it is notified in the Bougainville Gazette.

(2) The sitting days do not need not be in the same session or term of the House of

Representatives.

(3) The House of Representatives may, by resolution passed on the sitting day on

which the rule is tabled or on the next sitting day, disallow the rule.

(4) A rule ceases to have effect on the passing of a resolution disallowing it.

Bougainville Community Government Act 2016

Part 3 — Community Governments 20

Division 5 — Functions and powers of community government

Section 30 Powers of entry

(5) Notice of the disallowance must be published in the Bougainville Gazette as soon

as practicable.

(6) A rule, or a provision of a rule, that is the same in substance or effect as the

disallowed rule must not be made within 6 months after the disallowance.

(7) A rule has no effect if—

(a) it is not tabled under Subsection (1); or

(b) it is made in contravention of Subsection (6).

28 Minister may require modification or revocation of rules

(1) The Minister may—

(a) direct a community government to modify a specified rule in a specified

manner, or to revoke a specified rule; and

(b) specify a date by which the modification or revocation must be effected.

(2) Before acting under Subsection (1), the Minister must give the community

government a reasonable opportunity to comment on the proposal to issue a

direction.

(3) If the community government does not modify or revoke the rule as directed, the

rule ceases to have effect on the date by which the modification or revocation was

directed to be effected.

Sub-division 3 — Judicial powers

29 Judicial powers vested in courts

The judicial powers of community governments are vested in the Bougainville

Courts and the courts within the National Judicial System and, in interpreting the

law, all judicial officers must give paramount consideration to the dispensation of

justice.

Sub-division 4 — Supporting powers

30 Powers of entry

(1) A community government may authorise an officer of the community government

or a public officer (within the meaning of the National Constitution) to enter, if

necessary, premises—

(a) in order to inspect those premises or anything in or on them in relation to a

tax or rate; or

(b) in order to carry out work connected with property that is lawfully in or on

those premises and belongs to the community government or the

Autonomous Bougainville Government.

Bougainville Community Government Act 2016

Part 3 — Community Governments 21

Division 5 — Functions and powers of community government

Section 33 Guiding principles

(2) At least 24 hours’ notice of an intention to enter must be given to the occupier of

the premises unless—

(a) the officer is satisfied that the matter is urgent; or

(b) the occupier agrees to a shorter period of notice.

31 Access to community government records by members

(1) A member of a community government or committee of the community

government is entitled to have access to the records of the operations and affairs

of the community government as reasonably necessary for the performance of the

member’s role.

(2) If a record of the operations and affairs of the community government contains

information that, in the opinion of the Manager of the community government or

a member given access to the record, is or should be considered confidential,

reasonable steps must be taken to maintain the confidentiality of the information.

32 Delegation

(1) A community government may delegate a function or power under this Act or

another Bougainville law (except a function or power excluded from delegation by

this Act or the regulations)—

(a) to a committee of the community government; or

(b) to a member of the community government; or

(2) A function or power delegated by the community government may not be further

delegated.

(3) A community government—

(a) must cause a separate record to be kept of all delegations under this section;

and

(b) should, at least once in each financial year, review the delegations for the

time being in force under this section.

Note—Part II Division 10 of the Interpretation Act 2005 contains provisions relevant to

delegations under Bougainville law.

Sub-division 5 — Guidance

33 Guiding principles

(1) A community government is to work cooperatively—

(a) with persons involved in the governance of districts; and

Bougainville Community Government Act 2016

Part 3 — Community Governments 22

Division 6 — Financial matters

Section 35 Sources of funds

(b) with the ward steering committees and traditional chiefs and other

traditional leaders of the people of the wards of its area.

(2) It is to be recognised that there is no hierarchical relationship—

(a) between district managers and others involved in the governance of districts

and community government; or

(b) between community government and the ward steering committees,

traditional chiefs and other traditional leaders who are involved in the

governance of the people of the wards of its area.

(3) In performing its functions, a community government is to—

(a) encourage participation of the people of the wards of its area; and

(b) encourage communication and cooperation between the people of the

wards of its area; and

organisations; and

(d) liaise with district managers; and

(e) encourage communication and cooperation with the Autonomous

Bougainville Government and with other community governments.

(4) In performing its functions, a community government is to—

(a) consider mechanisms for self-sufficiency and sustainability of its area; and

(b) adopt cost-effective structures and methods; and

(d) achieve and maintain standards of good public administration.

34 Guidance by Secretary

A community government must be guided in performing functions, exercising

powers, and delegating functions and powers, by any manual issued by the

Secretary for the use of community governments.

Division 6 — Financial matters

35 Sources of funds

A community government may obtain funds—

(a) by receiving money appropriated for its purposes by the House of

Representatives or National Parliament; and

(b) by obtaining grants and other allocations of money; and

Act of the House of Representatives; and

Bougainville Community Government Act 2016

Part 3 — Community Governments 23

Division 6 — Financial matters

Section 37 Allowances and remuneration

(d) by the imposition of administrative fees under rules of the community

government; and

(e) by carrying out appropriate commercial activities and charging fees for

services or goods provided by the community government; and

(f) by borrowing or investing funds in accordance with the Bougainville Public

Finance Act; and

(g) as may otherwise be authorised under this Act or another Bougainville law.

36 Taxes and rates

(1) A community government may not impose taxes or rates except as authorised by

this section or by another Act of the House of Representatives.

(2) A community government may impose a head tax by making a rule in the form set

out in Schedule 1, with any modifications allowed by that Schedule.

(3) The regulations may establish a scheme for the making of rules for the payment of

rates for rateable land in an urban community government area.

(4) The scheme must require the amount of the rates to be approved by resolution of

the House of Representatives.

(5) If a community government imposes taxes or rates, the Manager of the community

government has the following functions—

(a) to collect the taxes or rates; and

(b) to ensure records are kept relating to the liability for, and payment of, the

taxes or rates and applications for relief from the taxes or rates.

37 Allowances and remuneration

(1) Members of a community government and ward recorders for wards of a

community government area may be paid an allowance out of the funds of the

community government for the performance of the functions of their respective

offices.

(2) The Minister may, by notice in the Bougainville Gazette made on the advice of the

Bougainville Executive Council—

(a) fix a maximum amount that may be paid as an allowance to a member of a

community government or a ward recorder; and

(b) in the case of an allowance for a member of the community government—

provide for a different maximum amount according to whether or not the

member is a member of the executive committee of the community

government; and

Bougainville Community Government Act 2016

Part 3 — Community Governments 24

Division 6 — Financial matters

Section 38 Compliance with Public Finance Act

Example—The notice may require an allowance for a member of a community government

to be calculated as an amount paid on a regular basis, or as an amount paid for each

meeting attended, or as a combination of such amounts.

(3) A member or former member of a community government may not be paid any

other amount by the community government or Autonomous Bougainville

Government, including any ex gratia payment on the completion of a term of

office.

(4) Staff of a community government who are Public Service officers are entitled to be

paid remuneration by the Autonomous Bougainville Government as provided by

the Bougainville Public Service Act.

(5) In addition to remuneration as referred to in Subsection (4), the Manager and

Accounts Clerk of a community government are, out of the funds of the community

government but subject to any directions of the Secretary—

(a) to be provided reasonable residential accommodation; and

(b) to be paid reasonable expenses incurred in the performance of official

functions.

(6) No other person is entitled to an allowance or remuneration for the performance

or exercise of functions or powers under this Act (including as a member of a

community government committee or ward steering committee, a delegate of a

community government or a member of the staff of a community government),

except if—

(a) in the case of an allowance or remuneration paid to a member of a ward

steering committee—the allowance or remuneration is paid out of funds

raised by the people of the ward; and

(b) in the case of an allowance or remuneration paid to any other person—the

allowance or remuneration is paid out of funds other than money

appropriated for the purposes of the community government by the House

of Representatives or National Parliament; and

Secretary and any requirements specified in the regulations are complied

with.

(7) While a person is suspended from office under this Act, no allowance or

remuneration is payable to the person (but, if the suspension is found to be invalid

or improper, the person is entitled to backpay).

38 Compliance with Public Finance Act

(1) For the Bougainville Public Finance Act—

(a) a community government is a statutory body; and

Bougainville Community Government Act 2016

Part 3 — Community Governments 25

Division 6 — Financial matters

Section 39 Responsibilities for financial planning and reporting

(b) the governing body of a community government is the controlling body of

the statutory body; and

statutory body; and

(d) money appropriated for the purposes of a community government is public

money.

(2) A community government may not borrow or invest money except in accordance

with the Bougainville Public Finance Act.

(3) If a Specialized Tenders Board is established for a community government under

the Bougainville Public Finance Act, and Section 49(3) of that Act does not apply,

the community government must not purchase or dispose of real property or

personal property or stores or obtain or supply works or services for an amount

exceeding that prescribed under Section 49 of that Act, except by inviting tenders

and submitting them to the Board.

(4) Section 55 of the Bougainville Public Finance Act does not apply to a community

government.

Note—Section 55 relates to guidelines for the establishment or restructure of statutory

bodies.

A community government may also have obligations under the Autonomous Bougainville

Government Contracts and Tenders Act 2014.

39 Responsibilities for financial planning and reporting

(1) The executive committee of a community government is responsible for preparing

for consideration of the community government—

(a) draft budgets, including estimates of the receipts and expenditure of the

community government and the proposed works programme of the

community government; and

(b) draft financial statements; and

community government.

(2) The Manager and Accounts Clerk of the community government are to assist the

executive committee in the performance of those functions.

(3) A community government may not delegate—

(a) power to adopt or revise a budget of the community government or an

associated document; or

(b) power to approve expenditure of money not contained in a budget adopted

by the community government; or

Bougainville Community Government Act 2016

Part 4 — Customary Authority and Ward Affairs 26

Section 42 Functions of ward steering committee

PART 4 — CUSTOMARY AUTHORITY AND WARD AFFAIRS

40 Customary authority

(1) A community government is to respect customary authority in order to strengthen

peace and security in each of the wards of its area.

(2) To that end, a community government is to cooperate with and, as far as

reasonably practicable, provide administrative and operational support for

traditional chiefs and other traditional leaders of the people of each of the wards

of its area and for Village Courts, land mediators and the Community Auxiliary

Police operating within those wards.

41 Ward steering committee

(1) For each general election, a ward assembly must be held in each ward, as required

by the regulations, to establish a ward steering committee for the ward for the

period until the next general election of the community government.

(2) A ward steering committee is to be comprised of—

(a) the ward representatives for the ward; and

(b) other electors of the ward chosen by whatever means the people of the ward

consider appropriate.

(3) The people of a ward may remove a member from the ward steering committee,

or alter the membership of the ward steering committee, as they consider

appropriate (except that they cannot remove the ward representatives from the

ward steering committee).

(4) A ward steering committee is not, of itself, a level of formal government below the

level of the Autonomous Bougainville Government.

(5) No act or proceeding of a ward steering committee is invalid by reason of—

(a) a vacancy or vacancies in the membership of the committee; or

(b) a defect in the appointment of a member or members of the committee.

42 Functions of ward steering committee

(1) The functions of a ward steering committee for a ward of a community

government area are—

(a) to respect customary authority in order to strengthen peace and security in

the ward; and

(b) to that end, to cooperate with and, as far as reasonably practicable, provide

administrative and operational support for traditional chiefs and other

traditional leaders of the people of the ward and for Village Courts, land

mediators and the Community Auxiliary Police operating within the ward;

and

Bougainville Community Government Act 2016

Part 4 — Customary Authority and Ward Affairs

Section 43 Ward recorder and ward records

prioritise those needs; and

(d) to inform the community government, through the ward representatives,

about those needs and priorities; and

(e) to facilitate the making of decisions affecting the people of the ward relevant

to community government; and

(f) to otherwise facilitate communication between the people of the ward and

the community government; and

(g) to ensure that there is a ward recorder for the ward and to oversee the

keeping of ward records.

(2) In identifying the present and future needs of the people of the ward, the ward

steering committee should consider—

(a) the potential impact of natural disasters; and

(b) requirements for conflict resolution and peace-building; and

(d) issues relating to land; and

(e) environmental issues; and

(f) any other matters that the committee considers relevant.

43 Ward recorder and ward records

(1) Each ward of a community government area is to have a ward recorder, being a

person approved by the Manager of the community government as a suitable

person to perform the function of the ward recorder.

(2) The function of the ward recorder is to keep the following official records (the ward

records)—

(a) an up-to-date record of the people who reside in the ward and,

consequently, a record of—

(i) each birth occurring in the ward; and

(ii) each death of a person who resides in the ward; and

(iii) each event involving a person commencing or ceasing to reside in the

ward; and

(b) for each fiscal year for which the community government of the ward

imposes head tax—a record of all persons who may be liable to pay head tax

in the fiscal year (prepared under the guidance of the Manager of the

community government); and

or at a ward assembly; and

Bougainville Community Government Act 2016

Part 5 — Meetings and Ward Assemblies 28

Division 1 — Community government meetings

Section 46 Special meetings of community government

(d) other records relevant to the ward as directed by the ward steering

committee or Manager of the community government.

(3) To the extent that the ward records contain incomplete information, the ward

recorder must make every effort to complete the records.

(4) Ward records must be made available for official purposes of the community

government or the Autonomous Bougainville Government.

44 Guidance by Secretary

(1) The Secretary may provide guidance material or other assistance for establishing

ward steering committees.

(2) A ward steering committee and ward recorder must be guided in performing

functions and exercising powers by any manual issued by the Secretary for the use,

respectively, of ward steering committees or ward recorders.

PART 5 — MEETINGS AND WARD ASSEMBLIES

Division 1 — Community government meetings

45 Ordinary meetings of community government

(1) Subject to this section, ordinary meetings of a community government are to be

held at times and places appointed by a decision of the community government.

(2) There must be at least 4 ordinary meetings in each 12 months.

(3) If a time and place has not been appointed for the holding of the next ordinary

meeting, the Manager of the community government (after consulting with the

Chair of the community government) must appoint the time and place at which

the next ordinary meeting is to be held.

(4) The Manager of a community government must also appoint the time and place

at which the first ordinary meeting of the community government is to be held

after a general election of the community government (which must be within

14 days after the completion of the election).

46 Special meetings of community government

(1) The Manager of a community government must call a special meeting of the

community government at the request of—

(a) the Chair of the community government; or

(b) at least 3 other members of the community government.

Bougainville Community Government Act 2016

Part 5 — Meetings and Ward Assemblies 29

Division 1 — Community government meetings

Section 48 Procedure at meetings of community government

(2) The Manager must be provided with an explanation of the reason for the special

meeting at the time that a request is made under Subsection (1) (and, if a reason

is not provided, the request has no effect).

47 Date, time and notice of meetings of community government

(1) A meeting of a community government—

(a) must not be held on a weekend or public holiday; and

(b) must not be scheduled to start before 9:00am or after 7:00pm on any day.

(2) A meeting of a community government must be open to the public, but only

members of the community government may vote on any question for decision at

the meeting.

(3) The Manager of a community government must give each member of the

community government notice of a meeting of the community government at

least 3 clear days before the date of the meeting.

(4) If the Manager is satisfied that a meeting of the community government is urgently

required and it is practicable for all members to be notified and for those who wish

to attend to do so with less notice than that required by Subsection (3), a lesser

period of notice may be given.

48 Procedure at meetings of community government

(1) The Chair of a community government is to preside at a meeting of the community

government.

(2) If there is no Chair or the Chair is absent from a meeting, the Deputy Chair is to

preside and, if there is no Deputy Chair or the Deputy Chair is absent from the

meeting, a member of the community government chosen by those present is to

preside.

(3) A quorum of a community government consists of ½ of the total number of its

members (ignoring any fraction resulting from the division) plus 1 and no business

may be transacted at a meeting unless a quorum is present.

(4) Subject to this Act, a question arising for decision at a meeting of a community

government is to be decided by consensus, with the person presiding at the

meeting announcing the decision at the time.

(5) If members at a meeting decide to put a question to a vote or at least 2 members

present at a meeting do not agree that the decision announced was the decision

of the meeting and immediately ask that the question be put to a vote, the

question is to be decided by a majority of the votes cast in a secret ballot by the

members present at the meeting and entitled to vote on the question.

Note—This means that if the votes are tied on the secret ballot, the question is answered

in the negative.

Bougainville Community Government Act 2016

Part 5 — Meetings and Ward Assemblies 30

Division 3 — Ward assemblies

Section 53 Special ward assemblies

(6) If a question is put to a vote by secret ballot—

(a) each member present at the meeting has 1 vote; and

(b) the person presiding at the meeting has a deliberative vote on the question

but does not, in the event of an equality of votes, have a casting vote.

(7) Subject to this Act, a community government may determine the procedure to be

observed at a meeting.

49 Records of decisions of community government

A community government must keep accurate records of each of its decisions.

Division 2 — Executive committee and other committee meetings

50 Notice of, and procedure at, committee meetings

Subject to this Act and any direction of the community government, the executive

committee or any other committee of a community government may determine

the requirements for notice of its meetings and the procedure to be observed at

its meetings.

51 Records of decisions of committees

The executive committee and any other committee of a community government

must keep accurate records of each of its decisions.

Division 3 — Ward assemblies

52 Ordinary ward assembly

(1) Subject to this section, ordinary ward assemblies are to be held at times and places

appointed by a decision of the ward steering committee.

(2) There must be at least 2 ordinary ward assemblies in each 12 months.

(3) If a time and place has not been appointed for the holding of the next ordinary

ward assembly, the ward representatives for the ward may jointly appoint the time

and place at which the next ordinary ward assembly is to be held.

53 Special ward assemblies

(1) The ward representatives for a ward must jointly call a special ward assembly at

the request of—

(a) the ward steering committee; or

(b) traditional chiefs or other traditional leaders of the people of the ward; or

(d) 20 electors of the ward.

Bougainville Community Government Act 2016

Part 5 — Meetings and Ward Assemblies 31

Division 3 — Ward assemblies

Section 56 Resolution of failure to agree by ward representatives

(2) The ward representatives must be provided with an explanation of the reason for

the special ward assembly at the time that a request is made under Subsection (1)

(and, if a reason is not provided, the request has no effect).

(3) The ward representatives for a ward may jointly call a special ward assembly in any

other circumstances if they consider that necessary or desirable.

54 Notice of, and procedure at, ward assemblies

(1) A ward assembly—

(a) must not be held on a weekend or public holiday; and

(b) must not be scheduled to start before 9:00am or after 7:00pm on any day.

(2) A ward assembly must be open to all people who reside or carry on business in the

ward, whether or not they are electors of the ward, but only electors of the ward

may vote on any question for decision at the assembly.

(3) Subject to this Act, notice of a ward assembly must be given—

(a) in the manner approved by the ward steering committee; or

(b) if no manner has been so approved, in the manner that the ward

representatives for the ward jointly consider most likely to be effective and

sufficient to give the people of the ward a reasonable opportunity to attend.

(4) Subject to this Act, the ward representatives for a ward must take turns at

presiding at ward assemblies (with the order of turns being determined by the

drawing of lots in the absence of agreement).

(5) Subject to this Act, the people of a ward may determine the procedure to be

observed at ward assemblies.

55 Records of decisions of ward assembly

The ward recorder for a ward must ensure that—

(a) accurate records are kept of each decision made at a ward assembly; and

(b) a copy of each decision is given to the Manager of the community

government of the ward.

56 Resolution of failure to agree by ward representatives

If ward representatives are required to make a joint decision under this Division

and they cannot agree, the Manager of the community government of the ward is

to make the decision.

Bougainville Community Government Act 2016

Part 5 — Meetings and Ward Assemblies 32

Division 5 — Rights of Member of House of Representatives

Section 59 Rights of Member of House of Representatives

Division 4 — Ward steering committee meetings

57 Notice of, and procedure at, ward steering committee meetings

(1) Subject to this Act, a ward steering committee may determine the requirements

for notice of its meetings and the procedure to be observed at its meetings.

(2) The ward representatives for a ward must take turns at presiding at meetings of

the ward steering committee (with the order of turns being determined by the

drawing of lots in the absence of agreement).

58 Records of decisions of ward steering committee

The ward recorder for a ward must ensure that—

(a) accurate records are kept of each of the decisions of the ward steering

committee; and

(b) a copy of each decision is given to the Manager of the community

government of the ward.

Division 5 — Rights of Member of House of Representatives

59 Rights of Member of House of Representatives

(1) The Member of the House of Representatives for a single member constituency

comprising a community government area or in which a community government

area is located is entitled—

(a) to attend and participate in any meeting of the community government, a

committee of the community government, or a ward steering committee for

a ward, of the community government area; and

(b) to attend and participate in ward assemblies for wards of the community

government area; and

(i) notice of such meetings or assemblies; and

(ii) copies of papers relating to such meetings or assemblies; and

(iii) copies of records of decisions made at such meetings or assemblies.

(2) The Member is not entitled to cast a vote at any such meeting or assembly (except

as an elector of a ward).

Bougainville Community Government Act 2016

Part 6 — Elections and Casual Vacancies 33

Section 62 Entitlement to vote

Division 6 — Obstruction of meetings or ward assemblies

60 Obstruction of meetings or ward assemblies

A person commits an offence if the person intentionally obstructs or hinders

proceedings at—

(a) a meeting of a community government, a committee of a community

government or a ward steering committee; or

(b) a ward assembly.

Penalty: K2000.

PART 6 — ELECTIONS AND CASUAL VACANCIES

61 Periodic elections

(1) Subject to Subsection (2), periodic elections to determine the membership of each

community government must be held in accordance with this Act—

(a) at intervals as close as practicable to 5 years; and

(b) as far as is practicable, within 12 months after the holding of a general

election of the Autonomous Bougainville Government under Section 107 of

the Bougainville Constitution.

(2) For the first and second periodic elections under this Act, the following rules

apply—

(a) the elections are to be held as set out in the regulations;

(b) the regulations may provide for the first elections of urban community

governments and the first elections of other community governments to be

held at separate times.

(3) The elections are to be conducted by the Bougainville Electoral Commissioner as

required by Section 4A of the Bougainville Elections Act 2007 in accordance with

the regulations.

62 Entitlement to vote

(1) A person is entitled to vote at an election of ward representatives for a ward if—

(a) the person is at least 18 years of age; and

(b) the person is a Bougainvillean; and

(d) the person is not of unsound mind within the meaning of any law relating to

the protection of the person and property of persons of unsound mind; and

(e) the person ordinarily resides in the ward and has so resided for at least the

last 6 months.

Bougainville Community Government Act 2016

Part 6 — Elections and Casual Vacancies 34

Section 64 Removal from office by Bougainville Executive Council

(2) However, a person who is serving a sentence of imprisonment is not entitled to

vote in an election of a community government.

63 Eligibility to be candidate for election

(1) A person is eligible to be a candidate for election as a ward representative for a

ward if—

(a) the person is an elector of the ward for the election; and

(b) the person’s nomination as a candidate is supported by at least 2 electors of

the ward; and

(2) However, a person is not eligible to be a candidate for election as a ward

representative if—

(a) the person is a member of, or a candidate in an election of, the House of

Representatives or National Parliament; or

(b) the person is a ward representative for a different ward or, in the case of a

general election, the person is or has been a candidate for a different ward

in the election; or

(d) the person has been sentenced to imprisonment and is, or could on the

happening of some contingency become, liable to serve the sentence or the

remainder of the sentence; or

(e) the person is not eligible for election under Part XIII (Leadership Code) of the

Bougainville Constitution.

(3) The candidates must also be of the required gender.

(4) However, a person of unspecified gender may assume a gender for becoming a

candidate (and, if the person is elected, the person will be taken to be of that

gender for this Act).

64 Removal from office by Bougainville Executive Council

(1) The Bougainville Executive Council may, by notice in the Bougainville Gazette made

on the recommendation of the Minister, remove a member of a community

government from office—

(a) for incapacity to carry out official functions or powers satisfactorily; or

(b) for serious misconduct while in office; or

represents and has refused to resign from office at the request of the

community government.

Bougainville Community Government Act 2016

Part 6 — Elections and Casual Vacancies 35

Section 65 Casual vacancies

(2) The Minister must, before making a recommendation under Subsection (1), give

each of the following a reasonable opportunity to make submissions to the

Minister about the proposal to remove the member—

(a) the member;

(b) the community government;

representative.

65 Casual vacancies

(1) The office of a member of a community government becomes vacant if the

member—

(a) dies; or

(b) resigns by notice in writing to the Manager of the community government;

Section 64; or

(d) is removed from office by the community government on the ground that he

or she has been absent, without leave of the community government, from

3 or more consecutive meetings (the first of which was held 3 months or

more before the last); or

(e) becomes a member of, or a candidate in an election of, the House of

Representatives or the National Parliament; or

(f) becomes a candidate in an election of a ward representative for a ward other

than the one represented by the member; or

(g) becomes a member of the staff of the community government; or

(h) is sentenced to imprisonment and is, or could on the happening of some

contingency become, liable to serve the sentence or the remainder of the

sentence; or

(i) is dismissed from office for misconduct in office under Part XIII (Leadership

Code) of the Bougainville Constitution.

(2) A community government may request that a member resign from office on the

ground that the member has ceased to be an elector of the ward represented by

the member.

(3) The regulations may specify other circumstances in which the office of a member

becomes vacant.

(4) Once the office of a member has become vacant, the member cannot resume

office except if the grounds on which the office of the member has become vacant

Bougainville Community Government Act 2016

Part 6 — Elections and Casual Vacancies 36

Section 66 Filling of casual vacancies

are subject to challenge in a court and the proceedings are decided in favour of

the member.

Example—If a member becomes a candidate in an election of the Autonomous

Bougainville Government, the office of the member becomes vacant and he or she does

not resume office even if not successful in the election of the Autonomous Bougainville

Government.

(5) Nothing in Subsection (4) prevents a person from being re-elected to office under

this Act.

66 Filling of casual vacancies

(1) If a casual vacancy occurs in the office of a member of a community government

in the last 12 months before the next periodic election of the community

government, the office is not to be filled.

(2) If the grounds on which the office of a member has become vacant are subject to

challenge in a court, proceedings to fill the vacancy must not be commenced until

the challenge has been finally determined.

(3) If a casual vacancy in the office of a member of a community government is to be

filled, the Manager of the community government must inform the Bougainville

Electoral Commissioner of that requirement.

(4) If the member whose office has become vacant was elected to that office, a

candidate at that election is an eligible candidate to fill the vacancy if the

candidate—

(a) survives the member; and

(b) is of the same gender as the member; and

the ward represented by the member; and

(d) is willing and able to be a ward representative for the ward.

(5) The eligible candidates are entitled to fill the vacancy in the order of priority of the

number of votes received by them at the election, with the candidate receiving the

highest number having the highest order of priority.

(6) The Bougainville Electoral Commissioner must—

(a) determine if there is an eligible candidate entitled to fill the vacancy; and

(b) if necessary, determine the eligible candidate having the highest order of

priority; and

(7) The candidate so determined is appointed to fill the vacancy.

Bougainville Community Government Act 2016

Part 6 — Elections and Casual Vacancies

Section 68 Election regulations

(8) The Manager must inform the other members of the community government of

the appointment of the member to fill the vacancy as soon as reasonably

practicable.

(9) If the member whose office has become vacant was appointed to office under this

section rather than elected to office or there is no eligible candidate to fill the

vacancy, the Bougainville Electoral Commissioner must conduct a by-election to fill

the vacancy in accordance with the regulations.

(10) A person elected or appointed to fill a casual vacancy holds office for the balance

of the term of office of that person’s predecessor.

67 Supplementary elections

(1) A supplementary election of a community government must be conducted by the

Bougainville Electoral Commissioner in accordance with the regulations if—

(a) the Bougainville Executive Council exercises its powers under Section 72(8)

to declare all offices of the members of a community government vacant; or

(b) the Bougainville Executive Council exercises its powers under Section 56(3)

of the Bougainville Public Finance Act to terminate the appointment of all of

the members of the community government; or

Note—See Section 73 for provisions about administration of the community government

in that event.

(2) However, a supplementary election need not be conducted if the event that would

otherwise require a supplementary election occurs in the last 12 months before

the next periodic election of the community government.

(3) The persons elected at a supplementary election hold office for the balance of the

terms of the offices of their predecessors.

68 Election regulations

The regulations for community government general elections and by-elections—

(a) must require voting to be by secret ballot; and

(b) may require a person to be present at a polling station in order to cast a vote;

and

(d) may set out other circumstances in which an election must be held.

Bougainville Community Government Act 2016

Part 7 — Oversight of Community Government by Autonomous Bougainville Government 38

Section 72 Action on grounds community government in default or pending investigation

PART 7 — OVERSIGHT OF COMMUNITY GOVERNMENT BY

AUTONOMOUS BOUGAINVILLE GOVERNMENT

69 Records to be made available to Secretary

(1) A community government must make the records of its operations and affairs

available for inspection at the request of the Secretary at any reasonable time.

(2) For Subsection (1), the records of the operations and affairs of a community

government that must be made available include records that relate to the

operations and affairs of a body that the community government controls or has

an interest in.

(3) A ward recorder must make the ward records available for inspection at the

request of the Secretary at any reasonable time.

(4) The Secretary may copy or take extracts from the records or require a person to

provide a copy of or extract from the records.

70 Information gathering powers of Secretary

(1) The Secretary may, by notice in writing, require a person whom the Secretary

reasonably suspects has knowledge of matters in respect of which information is

reasonably required for the administration of this Act to provide to the Secretary

such information as may be specified in the notice.

(2) Information required under a notice must be provided in the manner and form,

and within the period, specified in the notice.

(3) A person commits an offence if the person—

(a) is required to provide information under Subsection (1); and

(b) without reasonable excuse, fails or refuses to comply.

Penalty: K2000.

(4) A person is not obliged to provide information as required under this section if to

do so might tend to incriminate the person or make the person liable to a penalty.

71 Minister may request community government to take specified action

The Minister may request a community government to take specified action to

meet standards in the conduct or administration of the operations or affairs of the

community government identified by the Minister as being consistent with the

aims of this Act or any requirements of this Act.

72 Action on grounds community government in default or pending investigation

(1) If the Secretary forms the opinion that a community government is or may be in

default and that action should be taken under this section, the Secretary must

promptly report the matter to the Minister.

Bougainville Community Government Act 2016

Part 7 — Oversight of Community Government by Autonomous Bougainville Government 39

Section 72 Action on grounds community government in default or pending investigation

(2) If the Minister is satisfied that a community government is in default, the Minister

may give directions to the community government to rectify the default or to

prevent a recurrence of the default.

Note—See Subsection (11) for a definition of when a community government is in default.

(3) The Bougainville Executive Council may, by notice in the Bougainville Gazette made

on the recommendation of the Minister—

(a) declare that a community government is in default and either that—

(i) specified functions or powers are withdrawn from the community

government; or

(ii) all the members of the community government are suspended from

office; or

(b) declare that, pending an investigation into an allegation that a community

government is in default—

(i) specified functions or powers are withdrawn from the community

government; or

(ii) all the members of the community government are suspended from

office.

Note—See Section 73 for provisions about the administration of the community

government if all the members are suspended from office.

(4) The Minister may only make a recommendation under Subsection (3)(a) if the

Minister is satisfied—

(a) that the community government has failed to comply with directions given

under Subsection (2); or

(b) that the default is serious and that giving directions under Subsection (2)

would not be an adequate response.

(5) The Minister may only make a recommendation under Subsection (3)(b) if the

Minister is satisfied that there appears to be evidence of a default that, if proven,

would be serious and for which the giving of directions under Subsection (2) would

not be an adequate response.

(6) The Minister must, before taking action under Subsection (2) or making a

recommendation under Subsection (3), give the community government a

reasonable opportunity to make submissions to the Minister about the proposal

to take the action or make the recommendation.

(7) If a notice is made under Subsection (3)(b), the notice ceases to have effect after

3 months unless a notice declaring the community government to be in default is

sooner made.

Note—This allows 3 months for the investigation. If the members of the community

government are suspended from office and action is not taken within that time so that the

notice ceases to have effect, the members will resume their respective offices.

Bougainville Community Government Act 2016

Part 7 — Oversight of Community Government by Autonomous Bougainville Government 40

Section 73 Administration of community government

(8) If—

(a) a community government is declared to be in default; and

(b) the members of the community government have been suspended from

office for at least 3 months,

the Bougainville Executive Council may, by notice in the Bougainville Gazette made

on the recommendation of the Minister, declare the offices of all the members of

the community government to be vacant.

Note—See Section 67 for provisions about the holding of a supplementary election in that

event.

(9) If a community government is declared to be in default but after 12 months the

Bougainville Executive Council has not declared the offices of all the members of

the community government to be vacant, the notice declaring the community

government to be in default ceases to have effect.

Note—If the members of the community government are suspended from office, this

allows a maximum of 12 months for a decision to be made about whether a supplementary

election is required or the members are to be allowed to resume their respective offices. It

also means that functions and powers of a community government cannot be withdrawn

under this section for more than 12 months.

(10) The Bougainville Executive Council may, by further notice in the Bougainville

Gazette, vary or revoke a notice under this section.

(11) For this section, a community government is in default if—

(a) it contravenes or fails to comply with this Act or another Bougainville law; or

(b) an irregularity (that is more than trivial) occurs in the conduct of the

operations or affairs of the community government.

73 Administration of community government

(1) The Bougainville Executive Council may, by notice in the Bougainville Gazette,

appoint a suitable person or suitable persons to be administrator or administrators

of the operations and affairs of a community government if—

(a) the Bougainville Executive Council exercises its powers under Section 72 to

suspend all the members of the community government from their

respective offices; or

(b) an event occurs that requires a supplementary election of the community

government (even if that election will not be held because the event occurs

in the last 12 months before the next periodic election of the community

government).

Note—See Section 67 for a description of the events that require a supplementary election.

Bougainville Community Government Act 2016

Part 7 — Oversight of Community Government by Autonomous Bougainville Government 41

Section 73 Administration of community government

(2) By the same or a subsequent notice in the Bougainville Gazette, the Bougainville

Executive Council may—

(a) declare that the provisions of this Act or any other Bougainville law apply,

while the operations and affairs of the community government are being

administered under this section, subject to exclusions or modifications

specified in the notice (and those provisions apply accordingly); and

(b) make any other arrangements as are necessary or desirable as a

consequence of the operations and affairs of the community government

being administered under this section.

(3) The Bougainville Executive Council may, by further notice in the Bougainville

Gazette, vary or revoke a notice under this section.

(4) An administrator or administrators appointed under this section must administer

the operations and affairs of the community government in the name of and on

behalf of the community government (and for that purpose have all the functions

and powers of the community government).

(5) If 2 or more administrators are appointed under this section, any disagreement

between them is to be settled by the decision of the majority or, if they are equally

divided in opinion, by determination of the Minister.

(6) The remuneration of an administrator (which is to be determined by the Minister)

and any liability incurred by an administrator in the course of the administration is

to be paid or satisfied out of the funds of the community government whose

operations and affairs are being administered.

(7) The administrator or administrators appointed under this section must report to

the Minister at intervals of not more than 3 months on the administration of the

operations and affairs of the community government.

(8) Administration under this section comes to an end as follows—

(a) if the members of the community government have been suspended from

office under Section 72 pending an investigation and the community

government has not since been declared to be in default—on the completion

of the investigation or the expiry of 3 months (whichever first occurs); or

(b) if the community government has been declared to be in default under

Section 72—on the completion of a general election of the community

government or on revocation of the notice declaring the community

government to be in default or on the expiry of 12 months (whichever first

occurs); or

government.

Bougainville Community Government Act 2016

Part 8 — Miscellaneous 42

Section 76 Service of applications, notices and other documents

PART 8 — MISCELLANEOUS

74 False or misleading information

A person commits an offence if the person makes a statement that is false or

misleading in a material particular (whether by reason of the inclusion or omission

of a particular) in information provided, or records kept, under this Act.

Penalty: (a) If the person made the statement knowing that it was false or

misleading—K10,000 or 12 months’ imprisonment; or

(b) in any other case—K2000.

75 Delegation by Minister or Secretary

(1) The Minister may delegate to a Secretary or a Public Service officer a function or

power under this Act (other than a function or power excluded from delegation by

the regulations).

(2) The Secretary may delegate to a Public Service officer a function or power under

this Act (other than a function or power excluded from delegation by the

regulations).

(3) A function or power delegated by the Minister or Secretary may not be further

delegated unless that is expressly allowed by the Minister or Secretary (as the case

requires).

Note—Part II Division 10 of the Interpretation Act 2005 contains provisions relevant to

delegations under Bougainville law.

76 Service of applications, notices and other documents

(1) An application, notice or other document required or authorised to be served on

or given to a community government, or a member or staff of a community

government, under this Act or another Bougainville law may be served or given—

(a) by leaving it at, or posting it to, the principal office of the community

government (if it has one); or

(b) by a means (such as email) indicated by the community government as being

an available means of service (in which case, the application, notice or other

document is to be taken to be served or given when it would be received by

that means in usual circumstances); or

another person who has authority to accept documents on behalf of the

community government.

(2) A notice or other document required or authorised to be served on or given to a

person by or on behalf of a community government under this Act or another

Bougainville law may be served or given—

(a) personally; or

Bougainville Community Government Act 2016

Part 8 — Miscellaneous 43

Section 78 Evidentiary aid

(b) by leaving it with a person apparently over the age of 16 years at, or posting

it to, the last residential or business address of the person known to the

community government (including, in the case of a body corporate, the

registered address of the body corporate); or

means of service (in which case, the notice or other document is to be taken

to be served or given when it would be received by that means in usual

circumstances); or

(d) if the document is to be served on a person as the owner of land and the

land is unoccupied, and the identity or address of the owner is unknown to

the community government—by placing the document on a conspicuous

part of the land; or

(e) by any means provided for service of the document by another Bougainville

law.

(3) If a document must be served on the owner or occupier of land and there is more

than one owner or occupier, it is sufficient if the document is served on any owner

or occupier (and not on all owners or occupiers).

77 Protection from civil liability

(1) This section applies to—

(a) a member of a community government; and

(b) a member of the staff of a community government; and

member of the staff of a community government is delegated in accordance

with this Act or another Bougainville law.

(2) Subject to this Act, no civil liability attaches to a person to whom this section

applies for an act or omission in the exercise or purported exercise of official

functions or powers.

(3) An action that would, but for Subsection (2), lie against a person lies instead

against the community government.

(4) This section does not prejudice rights of action of the community government in

respect of an act or omission of a person not in good faith.

78 Evidentiary aid

(1) In proceedings, a certificate apparently signed by the Chair or Manager of a

community government certifying as to a matter listed below constitutes proof, in

the absence of proof to the contrary, of the matter so certified—

(a) the members, officers, committees or staff of the community government;

Bougainville Community Government Act 2016

Part 8 — Miscellaneous 44

Section 81 Regulations

(b) the members of a ward steering committee or a ward recorder of a ward of

the community government area;

community government area;

(d) a rule of the community government;

(e) a decision of the community government or a committee of the community

government, or a member of the staff of a community government;

(f) a delegation by the community government or a member of the staff of the

community government;

(g) the receipt or non-receipt of tax, rates or information by the community

government.

(2) In proceedings, a certificate apparently signed by a ward recorder certifying as to

a matter in the ward records constitutes proof, in the absence of proof to the

contrary, of the matter so certified.

79 Human rights

For Section 180(3) of the Bougainville Constitution, in the opinion of the House of

Representatives—

(a) this is a law restricting human rights in a manner that is reasonably justifiable

for the purpose in a democratic society that has a proper regard for the rights

and dignity of mankind; and

(b) the human rights that are restricted are as follows—

(i) the right to vote and stand for public office;

(ii) freedom from arbitrary search and entry; and

interest in public safety, public order and public welfare, as referred to in

Section 180(2)(a) of the Bougainville Constitution.

80 Act binds Autonomous Bougainville Government

This Act binds the Autonomous Bougainville Government.

81 Regulations

(1) The Bougainville Executive Council may make such regulations as are

contemplated by, or as are necessary or expedient for, this Act.

(2) Without limitation, the regulations may—

(a) limit the powers of a community government; and

(b) limit the committees that may be established by a community government;

and

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions 45

Division 1 — Saving provision

Section 82 Continuation of Council of Elders until repeal of Act

may consist of, or include, persons who are not members of the community

government; and

(d) assign functions to a community government or its Chair, Deputy Chair,

executive committee, Manager or Accounts Clerk; and

(e) authorise a community government to obtain funds by specified means; and

(f) determine procedures to be followed at a meeting of a community

government, a committee of a community government, or a ward steering

committee or at a ward assembly; and

(g) provide for conditional or unconditional exemptions from the application of

this Act; and

(h) impose a penalty of a fine not exceeding K2000 or imprisonment not

exceeding 6 months, or both, for an offence against the regulations.

(3) The regulations may make provisions of a saving or transitional nature consequent

on the making of this Act or an Act that amends this Act.

(4) A provision of regulations made under Subsection (3) may, if the regulations so

provide, take effect from the date of certification of the Act concerned under

Section 66 of the Bougainville Constitution or a later date.

(5) To the extent that a provision takes effect under Subsection (4) from a date earlier

than the date of notification of the regulations in the Bougainville Gazette under

Section 68 of the Interpretation Act 2005, the provision does not operate to the

disadvantage of a person by decreasing the person’s rights or imposing liabilities

on the person.

PART 9 — REPEALS, AMENDMENTS, SAVING AND

TRANSITIONAL PROVISIONS

Division 1 — Saving provision

82 Continuation of Council of Elders until repeal of Act

(1) Despite the Council of Elders Act 1996, the term of office of a member of a Council

of Elders is to be taken to continue until that Act is repealed.

(2) Subsection (1) applies—

(a) to a Council of Elders as most recently constituted before the

commencement of this section; and

(b) even if the term of office of the member expired before the commencement

of this section.

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions 46

Division 3 — Transitional provisions

Section 84 Continuation of Arawa Town Council as Arawa Community Government

(3) If the terms of office of all the members of a Council of Elders as most recently

constituted before the commencement of this section expired before that

commencement, all acts of the Council that could have been validly engaged in

had those terms not expired are to be taken to be valid and to always have been

valid.

(4) For this section, Arawa Town Council and Buka Town Council are to be regarded as

Councils of Elders established under the Council of Elders Act 1996, whether or not

they have been validly established under any law.

Division 2 — Repeal of Acts

83 Repeal of Acts

(1) The following Acts are repealed on the completion of the first periodic election of

community governments held under this Act—

(a) Council of Elders Act 1996;

(b) Council of Elders (Head Tax) (Enabling) Act 2006.

(2) Subsection (1) applies whether the first periodic election of community

governments is of all community governments or only community governments

other than urban community governments or urban community governments.

Division 3 — Transitional provisions

84 Continuation of Arawa Town Council as Arawa Community Government

If an election of Arawa Community Government has not been held before the

repeal of the Council of Elders Act 1996, on that repeal—

(a) Arawa Town Council is to be taken to be Arawa Community Government (and

to continue as the same body corporate); and

(b) subject to Section 87, the area of Arawa Town Council as established under

a law immediately before the repeal is to be taken to be the urban

community government area of Arawa; and

repeal are to be taken to have been elected as members of Arawa

Community Government under this Act; and

(d) the terms of office of those members are to continue, subject to this Act,

until the completion of the first periodic election of Arawa Community

Government under this Act; and

(e) any constitution of Arawa Town Council ceases to have effect; and

(f) any rules of Arawa Town Council purportedly made under a law, as then in

force, are to be taken to be rules made under Section 26 by the Arawa

Community Government; and

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions

Division 3 — Transitional provisions

Section 86 Continuation of rules of Arawa and Buka Town Councils

(g) the rules continued under Paragraph (f) will be taken to expire on

31 December of the year after the year in which the first election of Arawa

Community Government under this Act is completed.

Note—Arawa will be divided into wards under Section 7 before the first election of Arawa

Community Government under this Act.

Arawa Community Government must make new rules under Section 26 before the expiry

of the rules previously made by Arawa Town Council if it wants the rules to continue to

operate.

85 Continuation of Buka Town Council as Buka Community Government

If an election of Buka Community Government has not been held before the repeal

of the Council of Elders Act 1996, on that repeal—

(a) Buka Town Council is to be taken to be Buka Community Government (and

to continue as the same body corporate); and

(b) subject to Section 87, the area of Buka as established under a law

immediately before the repeal is to be taken to be the urban community

government area of Buka; and

repeal are to be taken to have been elected as members of Buka Community

Government under this Act; and

(d) the terms of office of those members are to continue, subject to this Act,

until the completion of the first periodic election of Buka Community

Government under this Act; and

(e) any constitution of Buka Town Council ceases to have effect; and

(f) any rules of Buka Town Council purportedly made under a law, as then in

force, are to be taken to be rules made under Section 26 by Buka Community

Government; and

(g) the rules continued under Paragraph (f) will be taken to expire on

31 December of the year after the year in which the first election of Buka

Community Government under this Act is completed.

Note—Buka will be divided into wards under Section 7 before the first election of Buka

Community Government under this Act.

Buka Community Government must make new rules under Section 26 before the expiry of

the rules previously made by Buka Town Council if it wants the rules to continue to operate.

86 Continuation of rules of Arawa and Buka Town Councils

If Arawa Community Government and Buka Community Government have been

elected when the Council of Elders Act 1996 is repealed, then, on that repeal—

(a) any rules of Arawa Town Council or Buka Town Council purportedly made

under a law, as then in force, are to be taken to be rules made under

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions 48

Division 3 — Transitional provisions

Section 89 References

Section 26 by, respectively, Arawa Community Government and Buka

Community Government; and

(b) the rules continued under Paragraph (a) will be taken to expire on

31 December of the year after the year in which that Act is repealed.

87 Definition of Arawa and Buka community government areas

The Minister may, by notice in the Bougainville Gazette made on the

recommendation of the Bougainville Executive Council, define an area that is to be

the area of the Arawa or Buka Town Council or Community Government with effect

from the date of publication of the notice in the Bougainville Gazette (and the

notice has effect according to its terms despite any other law).

Note—If community governments other than urban community governments are to be

elected before urban community governments, a notice should be made before the first

election of those community governments under this Act because the boundaries of Arawa

and Buka will affect the boundaries of surrounding or adjoining community government

areas.

88 Dissolution of Councils of Elders

(1) If the term of office of members of a Council of Elders is continued under

Section 82, the Council of Elders is, on the repeal of the Council of Elders Act 1996,

dissolved and its assets and liabilities transferred to the Minister (who may deal

with them as the Minister considers appropriate).

(2) Subsection (1) does not apply to Arawa Town Council or Buka Town Council if the

first periodic elections of urban community governments have not been held

under this Act before the repeal of the Council of Elders Act 1996.

89 References

On the repeal of the Council of Elders Act 1996, a reference in a legislative or other

instrument—

(a) to a Council of Elders is to be taken to be a reference to a community

government; and

(b) to the area of a Council of Elders is to be taken to be a reference to a

community government area; and

of a community government; and

(d) to a Village Assembly is to be taken to be a reference to a ward assembly or

to the people of a ward, as the case requires.

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions 49

Division 4 — Consequential amendments of other Acts

Section 90 Consequential amendments of other Acts

Division 4 — Consequential amendments of other Acts

90 Consequential amendments of other Acts

The Acts specified in the table below are amended in the manner indicated.

Provision amended

How amended

Bougainville Education Act 2013

Section 7(2)

Delete “the Councils of Elders” and substitute

“community governments”

Section 13(1)

Delete “Councils of Elders” and substitute

“community governments”

Section 16(2)(c)

Delete “Councils of Elders” and substitute

“community governments”

Section 19(1)(a)

Delete “Councils of Elders” and substitute

“community governments”

Section 19(2)(e)

Delete “Councils of Elders” and substitute

“community governments”

Bougainville Elections Act 2007

Section 3(1), definition of

officer, paragraph (f)

Delete “Council of Elders” and substitute

“community government”

Section 23(2)(c)(ii)

Delete “Council of Elders” and substitute

“community government”

Section 66(2)(b)

Delete “Council of Elders” and substitute

“community government”

Section 89(2)

Delete “Councils of Elders” and substitute

“community governments”

Section 152(4)(b)

Delete “Council of Elders” and substitute

“community government”

Section 225 (including section

heading)

Delete “Council of Elders” wherever occurring and,

in each case, substitute “community government”

Bougainville Mining Act 2015

Section 20(1)(f)

Delete “Council of Elders for the area” and

substitute “each community government of a

community government area”

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions 50

Division 4 — Consequential amendments of other Acts

Section 90 Consequential amendments of other Acts

Provision amended

How amended

Section 34(3)(a)

Delete “Council of Elders with jurisdiction over the

area” and substitute “community government of a

community government area”

Section 46(3)(a)(ii)

Delete “each Council of Elders with jurisdiction over

the area of the proposed geological survey reserve

area” and substitute “each community government

of a community government area in which the

proposed geological survey reserve area is located”

Section 49

(6)

Delete “Councils of Elders” and substitute

“community governments”

Section 54(1)

Delete “Council of Elders” and substitute

“community government”

Delete “jurisdiction” and substitute “community

government area”

Section 55(1)(a)

Delete “Council of Elders’ proposed management

plan” and substitute “proposed management plan

of the community government”

Section 55(1)(b)

Delete “Council of Elders” and substitute

“community government”

Section 56(2)

Delete “Council of Elders” and substitute

“community government”

Section 56(5)

Delete “Council of Elders” substitute “community

government area”

Section 57(2)

Delete “Council of Elders with jurisdiction over the

area” and substitute “community government in

whose community government area the reserve

area is located”

Section 59(3)

Delete “Council of Elders” and substitute

“community government”

Section 60 (section heading)

Delete “Councils of Elders and Village Assemblies”

and substitute “granting authorities and potential

applicants”

Section 60(1)(a) and (b)

Delete Paragraphs (a) and (b) and substitute:

“(a) the granting authority or proposed granting

authority (within the meaning of Part 7

Division 1) for community mining licences in

the area; and”

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions 51

Division 4 — Consequential amendments of other Acts

Section 90 Consequential amendments of other Acts

Provision amended

How amended

Section 61(1)

Delete “Council of Elders with jurisdiction over the

area” and substitute “community government of a

community government area in which the reserve

area is located”

Section 61(7)

Delete “Council of Elders” and substitute

“community government”

Section 62 (section heading)

Delete “Council of Elders” and substitute

“Community government”

Section 62(1)

Delete “the Council of Elders with jurisdiction over

the area” and substitute “the community

government of the community government area in

which the reserve area is located”

Section 62(1)(e)

Delete “Village Assemblies that” and substitute

“the wards of the community government area, the

steering committees of which”

Section 62(2)

Delete “Council of Elders” wherever occurring and,

in each case, substitute “community government”

Section 63(a)

Delete “Council of Elders or Village Assembly” and

substitute “community government or delegate of

a community government”

Section 64(1)

Delete “Council of Elders” and substitute

“community government”

Section 65(2)(a)(ii)

Delete “Council of Elders with jurisdiction over the

area of the proposed mining reserve area” and

substitute “community government of a

community government area in which the

proposed mining reserve area is located”

Section 70(a)

Delete “Council of Elders or Village Assembly with

power under Section 71 to grant and revoke” and

substitute “community government or delegate of

a community government with power under

Section 71 to grant”

Section 71(1)

Delete “Council of Elders with jurisdiction over an

approved community mining licence reserve area”

and substitute “community government of the

community government area in which an approved

community mining licence reserve area is located”

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions 52

Division 4 — Consequential amendments of other Acts

Section 90 Consequential amendments of other Acts

Provision amended

How amended

Section 71(2)

Delete Subsection (2) and substitute:

“(2) If the area of a ward within a community

government area includes land subject to a

community mining licence reserve area, the

community government may, by notice in

writing, delegate its power to grant

community mining licences with respect to

that part of the reserve area to the steering

committee of the ward, but only if training

has been given to the delegate under

Section 60(1)(b).”

Section 71(4)

Delete Subsection (4)

Section 73(1)(a)(i)

Delete Subparagraph (i) and substitute:

“(i) the community government of the

community government area in which the

community mining licence reserve area is

located; or”

Section 73(2)(b)

Delete “Council of Elders with jurisdiction over the

community mining licence reserve area” and

substitute “community government of the

community government area in which the

community mining licence reserve area is located”

Section 98(1)(a)

Delete “Council of Elders with jurisdiction over the

area of the proposed exploration licence” and

substitute “community government of a

community government area in which the area of

the proposed exploration licence is located”

Section 98(1)(b)

Delete “Council of Elders” and substitute

“community government”.

Section 98(2)

Delete “Councils of Elders” and substitute

“community governments”

Section 140(7)(c)

Delete “Council of Elders with jurisdiction over the

area of land the subject of the application” and

substitute “community government of a

community government area in which land the

subject of the application is located”

Section 141(3)

Delete “Council of Elders” and substitute

“community government”

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions 53

Division 4 — Consequential amendments of other Acts

Section 90 Consequential amendments of other Acts

Provision amended

How amended

Section 207(5)

Delete “Council of Elders or Village Assembly” and

substitute “community government or delegate of

the community government”

Section 247(a)

Delete “Council of Elders with jurisdiction over the

area the subject of the application” and substitute

“community government of a community

government area in which land the subject of the

application is located”

Section 248 (including section

heading)

Delete “Council of Elders” wherever occurring and,

in each case, substitute “community government”

Section 297(2)

Delete “Councils of Elders” and substitute

“community governments”

Schedule 1, table

Delete the definitions of Council of Elders and

Village Assembly

Bougainville Physical Planning Act 2013

Section 48(8)

Delete “an Urban Council or a Council of Elders

established under the Bougainville Council of Elders

Act 1996” and substitute “a community

government”

Constitutional Laws (Consultation) Act 2006

Section 1

Delete the definition of Council of Elders

Section 1, definition of heads

of levels of formal government

below the level of the

Autonomous Bougainville

Government, paragraph (a)

Delete “Council of Elders, the Chairman of that

Council” and substitute “community government,

the Chair of that community government”

Interpretation Act 2005

Section 4(1)

After the definition of citizen insert:

“community government means a community

government established under the Bougainville

Community Government Act 2016;

community government area means a community

government area established under the

Bougainville Community Government Act 2016;”

Section 77(1)(c)

Delete Paragraph (c)

Bougainville Community Government Act 2016

Part 9 — Repeals, Amendments, Saving and Transitional Provisions 54

Division 4 — Consequential amendments of other Acts

Section 90 Consequential amendments of other Acts

Provision amended

How amended

Liquor Control Act 2001

Section 5(a)

Delete “Community Government Assembly” and

substitute “community government”

Bougainville Community Government Act 2016

Schedule 1 – Model Head Tax Rule 55

Schedule 1 Model Head Tax Rule

Section 36(2)

[Name of Community Government] Head Tax Rule [Year]

Made by [Name of Community Government] under Section 26 of the Bougainville

Community Government Act 2016.

1 Short title

This Rule is the [Name of Community Government] Head Tax Rule [Year of making].

2 Commencement

(1) Subject to Subsection (2), this Rule commences on the next 1 January after the day

it is notified in the Bougainville Gazette as required by Section 68 of the

Interpretation Act 2005.

(2) If this Rule is made in the year in which the community government is first elected

under the Act and head tax applied for that year in all or a part of the community

government area, this Rule will be taken to have commenced on 1 January of that

year.

Note—If this Rule is made in a later year, Subsection (2) is to be omitted and “Subject to

Subsection (2)” is to be omitted from Subsection (1).

3 Interpretation

In this Rule—

business taxpayer of the community government for a fiscal year means a

natural person (who has attained 18 years of age but who is not a resident

taxpayer of the community government for the fiscal year), or a body corporate,

who has carried on business in the area of the community government for more

than 186 days during the fiscal year;

community government means the [Name of Community Government];

resident taxpayer of the community government for a fiscal year means a

natural person who has attained 18 years of age and has resided in the area of

the community government for more than 186 days during the fiscal year

(disregarding any period served as imprisonment);

taxable business means a business carried on in the area of the community

government that would result in the person being a business taxpayer of the

community government if the business were carried on in the area of the

community government for more than 186 days during a fiscal year;

taxpayer of the community government for a fiscal year means—

(a) a resident taxpayer of the community government for the fiscal

year; or

(b) a business taxpayer of the community government for the fiscal

year.

Bougainville Community Government Act 2016

Schedule 1 – Model Head Tax Rule 56

4 Liability to pay head tax

(1) A taxpayer of the community government for a fiscal year must pay to the

community government, on or after 1 January and before 1 March in the next

fiscal year, the following amount of head tax—

(a) in the case of a resident taxpayer—K20;

(b) in the case of a business taxpayer—K100.

(2) A taxpayer who is liable to pay head tax under Subsection (1) commits an offence

if the taxpayer does not pay the head tax to the community government.

Penalty: K100.

(3) However, a business taxpayer is not liable to pay head tax to the community

government if the business is—

(a) a member school or member institution that is recognised under the

Bougainville Education Act 2013 or a permitted school or permitted

institution that is registered under that Act; or

(b) a health care service within the meaning of the National Health

Administration Act 1997 of the National Parliament; or

or other disadvantaged groups; or

(d) a business carried on for religious purposes; or

(e) a business carried on by a body or institution established for charitable

purposes approved under Section 25A of the Income Tax Act 1959 of the

National Parliament.

Note—Other exemptions may be added by the community government.

5 Notifications about taxable business

(1) A person must notify the ward recorder for a ward in the area of the community

government if the person—

(a) commences to carry on a taxable business in the ward; or

(b) ceases to carry on a taxable business in the ward.

(2) If, at the commencement of this Rule, a person is carrying on a taxable business in

a ward of the area of the community government, the person must notify the ward

recorder for the ward of that fact.

(3) A person commits an offence if the person—

(a) is required to notify a ward recorder under Subsection (1) or (2); and

(b) without reasonable excuse, fails or refuses to do so.

Penalty: K100.

6 Provision of information to determine liability for head tax

(1) The Manager of the community government may require a person to provide

information as is reasonably necessary for the administration of this Rule.

(2) A person commits an offence if the person—

(a) is required to provide information under Subsection (1); and

Bougainville Community Government Act 2016

Schedule 1 – Model Head Tax Rule

(b) without reasonable excuse, fails or refuses to comply.

Penalty: K50 or 2 weeks’ imprisonment.

Note—A request for information may take the form of a general survey or census applying

to all persons who reside or carry on business in the community government area or a

request directed to specific persons.

7 Application for relief from head tax

(1) A taxpayer of the community government for a fiscal year may apply to the

community government for relief from head tax for that fiscal year on the grounds

that payment would cause undue hardship to the taxpayer or to dependents of

the taxpayer.

(2) An application for relief must be made between 1 January and 1 March in the

following fiscal year.

(3) A community government may choose to accept a late application.

(4) On an application for relief, the community government may—

(a) refuse the application; or

(b) excuse the taxpayer from the liability for head tax; or

(i) reduce the amount of head tax for which the taxpayer is liable;

(ii) require the taxpayer to provide a number of hours of community work

instead of paying an amount of head tax, calculated at the rate of 1 day

of community work for each K4 of head tax.

(5) If community work is required, it is to consist of work without remuneration

undertaken at times and places as directed by the community government.

(6) The community government must make every effort to determine an application

for relief within 2 months.

8 Appeal against decision

(1) An applicant for relief from head tax who is dissatisfied with the decision of the

community government on the application may appeal against the decision to a

Magistrate.

(2) An appeal must be instituted within 2 months after the applicant receives notice

of the decision or such longer period as the Magistrate allows on application.

(3) On an appeal, the Magistrate may—

(a) affirm the decision; or

(b) rescind the decision and substitute the decision with a decision that the

Magistrate considers appropriate; or

consideration in accordance with any directions or recommendations of the

Magistrate.

(4) The decision of a Magistrate on an appeal is final.