Provincial Government (Amendment) Act, 2023 (No. 2 of 2023)

Section 15 amended PROVINCIAL GOVERNMENT (AMENDMENT) ACT 2023 Short title This Act may be cited as the Provincial Government (Amendment) Act 2023. Commencement This Act commences on the day appointed by the Minister by notice in the Gazette. Amendment of Provincial Government Act 1997 Act 1997 (No. 7 of 1997) This Act amends the Provincial Government (“Principal Act’).

Section 2 amended

Section 2 of the Principal Act is amended by inserting after the definition of “devolution order”: “Electoral Commission” means the Electoral Commission established by section 57 of the Constitution;”.

Section 9 amended

Section 9(1) of the Principal Act is amended by omitting “subsection (2)” and substituting “subsection (2) and section 9A’. New section 9A inserted The Principal Act is amended by inserting after section 9: “OA Date of next ordinary elections after commencement of Provincial Government (Amendment) Act 2023 “(1) In subsection (2): “Provincial Assembly” means the Provincial Assembly of the following provinces: (a) | Central Province; Guadalcanal Province; Isabel Province; Makira Ulawa Province; Malaita Province; Rennell and Bellona Province; (9) Temotu Province. (2) The first ordinary election of members of each Provinciy Assembly held after the commencement of the Provinciy Government (Amendment) Act 2023: (a) must be held on a date in 2024, which date mustk fixed by the Minister, acting on the advice of th Electoral Commission, by notice published in th Gazette; and (b) must not be held after 30 April 2024. (3) The first ordinary election of members of the Provinci Assembly of Choiseul Province and the Provincial Assembj of Western Province held after the commencement of th Provincial Government (Amendment) Act 2023: (a) must be held on a date in 2028, which date must b: fixed by the Minister, acting on the advice of th; Electoral Commission, by notice published in th: Gazette; and (b) must be held on the same date in 2028 as th ordinary election of members of the Provincia Assemblies referred to in subsection (1).”. New section 11A inserted The Principal Act is amended by inserting after section 11: “1A Functions of Electoral Commission relating to elections The Electoral Commission, in performing its functions under section 12 of the Electoral Act 2018, must carry out the registration of voters and the conduct of elections for the members of the Provincial Assemblies.”.

Section 12 amended

Section 12(1) of the Principal Act is amended by omitting “The Minister’ and substituting “The Minister, acting on the advice of the Electoral Commission,”.

Section 13 amended

Section 13 of the Principal Act is amended by omitting subsection (2) and substituting: “(2) The date of the election must: (a) be fixed by the Minister, acting on the advice of the Electoral Commission, by notice published in the Gazette; and (b) beno later than 3 months after the vacancy comes to the notice of the Minister.”. 10 Section 15 amended

Section 15(1)(a) of the Principal Act is amended by omitting “section 49(a)” and substituting “section 49(1)(a)”. Note to section 10. The following note is to be inserted into the Principal Act after section 15(1)(a): “Note to section 15(1(a)). is Under section 15(1)(a) of the Provincial Government Act 1997, a person l Assembl y if the person is disqualified disqualified from membership of a Provincia for election as a member of Parliament under section 49(1)(a) of the Constitution. for

Section 49(1)(a) of the Constitution provides that a person is not qualified if the person is under an acknowl edgemen t of allegianc e, election as a member obedience or adherence to a foreign power or state, including by holding citizenship of a country other than Solomon Islands. Honiara, Solomon Islands Printed under the authority of the Solomon Islands Government Printed by Provincial Press