JAMAICA
(CONSTITUTION) ORDER IN COUNCIL, 1962
ARRANGEMENT
OF SECTIONS
Amended
by: Acts 15 of 1971 | 36 of 1975 | 1 of 1977 | 16
of 1986 | 15 of 1990 | 6 of 1993 | 4 of 1994
68. Executive
authority of Jamaica
68. (1) The executive
authority of Jamaica is vested in Her Majesty.
(2) Subject to the
provisions of this Constitution, the executive authority
of Jamaica may be exercised on behalf of Her Majesty
by the GovernorGeneral either directly or through
officers subordinate to him.
(3) Nothing in this
section shall prevent Parliament from conferring functions
on persons or authorities other than the GovernorGeneral.
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69. Cabinet.
69. (1) There shall
be in and for Jamaica a Cabinet which shall consist
of the Prime Minister and such number of other Ministers
(not being less than eleven) selected from among Ministers
appointed in accordance with the provisions of section
70 of this Constitution as the Prime Minister may
from time to time consider appropriate.
(2) The Cabinet shall
be the principal instrument of policy and shall be
charged with the general direction and control of
the Government of Jamaica and shall be collectively
responsible therefor to Parliament.
(3) Not less than two
nor more than four of the Ministers selected pursuant
to subsection (1) shall be persons who are members
of the Senate.
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70. Appointment
of Ministers
70. (1) Whenever the
GovernorGeneral has occasion to appoint a Prime Minister
he, acting in his discretion, shall appoint the member
of the House of Representatives who, in his judgment,
is best able to command the confidence of a majority
of the members of that House and shall, acting in
accordance with the advice of the Prime Minister,
appoint from among the members of the two Houses such
number of other Ministers as the Prime Minister may
advise.
(2) [Deleted by Act
16 of 1986.]
(3) If occasion arises
for making an appointment while Parliament is dissolved,
a person who was a member of the House of Representatives
immediately before the dissolution may be appointed
Prime Minister and a person who was a member of either
House immediately before the dissolution may, subject
to the provisions of subsection of this section, be
appointed as any other Minister as if, in each case,
such person were still a member of the House in question,
but any person so appointed shall vacate office at
the beginning of the next session of that House if
he is not then a member thereof.
(4) Appointments under
this section shall be made by instrument under the
Broad Seal.
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71. Tenure
of office of Ministers.
71. (1) The office
of Prime Minister shall become vacant-
(a) if he resigns his
office;
(b) if he ceases to
be a member of the House of Representatives otherwise
than by a dissolution of Parliament;
(c) if, under the provisions
of subsection (3) or subsection (4) of section 41
of this Constitution, he is required to cease to exercise
any of his functions as a member of the House of Representatives;
(d) when, after any
dissolution of Parliament, the Prime Minister is informed
by the Governor-General, acting in his discretion,
that the GovernorGeneral is about to reappoint him
as Prime Minister or appoint another person as Prime
Minister; or
(e) if the GovernorGeneral
revokes his appointment in accordance with the provisions
of subsection (2) of this section.
(2) If the House of
Representatives by a resolution which has received
the affirmative vote of a majority of all the members
thereof has resolved that the appointment of the Prime
Minister ought to be revoked, the Governor-General
shall, subject to the provisions of subsection (3)
of this section, by instrument under the Broad Seal,
revoke his appointment.
(3) If the House of
Representatives has passed a resolution as provided
by subsection (2) of this section that the appointment
of the Prime Minister ought to be revoked, the GovernorGeneral
shall consult with the Prime Minister and, if the
Prime Minister within three days so requests, the
GovernorGeneral shall dissolve Parliament instead
of revoking the appointment.
(4) The office of a
Minister, other than the office of Prime Minister,
shall become vacant-
(a) upon the appointment
or reappointment of any person to the office of Prime
Minister;
(b) if his appointment
to his office is revoked by the GovernorGeneral,
acting in accordance with the advice of the Prime
Minister, by instrument under the Broad Seal;
(c) if, for any reason
other than a dissolution of Parliament, he ceases
to be a member of the House of which he was a member
at the date of his appointment as a Minister;
(d) if under the provisions
of subsection (3) or subsection (4) of section 41
of this Constitution, he is required to cease to exercise
any of his functions as a member of either House;
or
(e) if he resigns his
office.
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72. Performance
of Prime Minister's functions in certain events.
72. (1) Whenever the
Prime Minister is unable, by reason of his illness
or absence from Jamaica, to perform the functions
of his office, the GovernorGeneral may, by instrument
under the Broad Seal, authorise any other Minister
who is a member of the House of Representatives to
perform the functions conferred on the Prime Minister
by this Constitution (other than the functions conferred
on him by subsection (3) of this section).
(2) The GovernorGeneral
may, by instrument under the Broad Seal, revoke any
authority given under this section.
(3) The power conferred
on the GovernorGeneral by this section shall be exercised
by him acting in his discretion if in his opinion
it is impracticable to obtain the advice of the Prime
Minister owing to the Prime Minister's illness or
absence, and in any other case shall be exercised
by the GovernorGeneral in accordance with the advice
of the Prime Minister.
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73. Temporary
Ministers.
73. (1) Whenever a
Minister other than the Prime Minister is unable,
by reason of his illness or absence from Jamaica,
to perform the functions of his office, the GovernorGeneral
may, by instrument under the Broad Seal, appoint a
person who is a member of the same House as that Minister
to be a temporary Minister:
Provided that if occasion
arises for making an appointment while Parliament
is dissolved, a person who, immediately before the
dissolution, was a member of the same House as the
aforesaid Minister, may be appointed as a temporary
Minister as if he were still a member of that House
but any person so appointed shall, vacate office at
the beginning of the next session of that House if
he is not then a member thereof.
(2) Subject to the
provisions of section 71 of this Constitution a temporary
Minister shall hold office until he is notified by
the GovernorGeneral, by instrument under the Broad
Seal, that the Minister on account of whose inability
to perform the functions of his office he was appointed
is again able to perform those functions or until
that Minister vacates his office.
(3) The powers conferred
on the GovernorGeneral by this section shall be exercised
by him in accordance with the advice of the Prime
Minister.
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74. Oaths.
74. The Prime Minister
and every other Minister shall, before entering upon
the duties of his office, make before the GovernorGeneral
the oath of allegiance and the appropriate oath for
the due execution of his office in the forms set out
in the First Schedule to this Constitution.
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75. Presiding
in Cabinet.
75. The Prime Minister
shall, so far as is practicable, attend and preside
at all meetings of the Cabinet and in his absence
such other Minister shall preside as the Prime Minister
shall appoint.
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76. GovernorGeneral
to be informed concerning matters of Government.
76. The Prime Minister
shall keep the GovernorGeneral fully informed concerning
the general conduct of the government of Jamaica and
shall furnish the GovernorGeneral with such information
as he may request with respect to any particular matter
relating to the government of Jamaica.
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77. Assignment
of responsibility to Ministers.
77. (1) Subject to
the provisions of this Constitution, the GovernorGeneral,
acting in accordance with the advice of the Prime
Minister, may, by directions in writing, charge any
Minister who is a member of the House of Representatives,
or (except in so far as may be inconsistent with any
Ministerial functions under section 67, 115, 116 or
118 of this Constitution) who is a member of the Senate
with the responsibility for any subject or any department
of government.
(2) Nothing in this
section shall empower the GovernorGeneral to confer
on any Minister authority to exercise any power or
to discharge any duty that is conferred or imposed
by this Constitution or any other law on the GovernorGeneral
or any person or authority other than that Minister.
(3) With the approval
of the House of Representatives signified by a resolution
directions in writing made under subsection (1) of
this section may be given retroactive effect.
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78. Parliamentary
Secretaries.
78. (1) The GovernorGeneral,
acting in accordance with the advice of the Prime
Minister, may, by instrument under the Broad Seal,
appoint Parliamentary Secretaries from among the members
of the two Houses to assist Ministers in the discharge
of their functions.
(2) [Deleted by Act
1 of 1977.]
(3) If occasion arises
for making an appointment to the office of Parliamentary
Secretary while Parliament is dissolved, a person
who was a member of either House of the last Parliament
may be appointed as if he were still a member of that
House but any person so appointed shall vacate office
at the beginning of the next session of that House
if he is not then a member thereof.
(4) The provisions
of subsection (4) of section 71 and section 74 of
this Constitution shall apply to Parliamentary Secretaries
as they apply to Ministers.
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79. AttorneyGeneral.
79. (1) There shall
be an AttorneyGeneral who shall be the principal
legal adviser to the Government of Jamaica.
(2) Power to appoint
a person to hold or act in the office of AttorneyGeneral
and to remove from that office a person holding or
acting in it shall, subject to subsection (4) of this
section, be exercised by the GovernorGeneral acting
in accordance with the advice of the Prime Minister.
(3) Any person appointed
to hold or act in the office of AttorneyGeneral in
pursuance of subsection (2) of this section shall
not, except in accordance with the provisions of section
70 of this Constitution, be appointed a Minister.
(4) Until an appointment
of a person to hold or act in the office of AttorneyGeneral
is first made under the provisions of subsection (2)
of this section, it shall be a public office and a
person shall not be qualified to hold or act in that
office unless he is qualified for appointment as a
Judge of the Supreme Court.
(5) On the occasion
of the first appointment of a person to hold or act
in the office of AttorneyGeneral under the provisions
of subsection (2) of this section, the office of AttorneyGeneral
as a public office shall be deemed to have been abolished.
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80. Leader
of the Opposition.
80. (1) There shall
be a Leader of the Opposition who shall be appointed
by the GovernorGeneral by instrument under the Broad
Seal.
(2) Whenever the GovernorGeneral
has occasion to appoint a Leader of the Opposition
he shall, in his discretion, appoint the member of
the House of Representatives who, in his judgment,
is best able to command the support of a majority
of those members who do not support the Government,
or, if there is no such person, the member of that
House who, in his judgment, commands the support of
the largest single group of such members who are prepared
to support one leader.
(3) The office of Leader
of the Opposition shall become vacant-
(a) if he resigns his
office;
(b) if, after any dissolution
of Parliament, he is informed by the GovernorGeneral
acting in his discretion that the GovernorGeneral
is about to appoint another person as Leader of the
Opposition;
(c) if he ceases to
be a member of the House of Representatives otherwise
than by reason of a dissolution of Parliament;
(d) if, under the provisions
of subsection (3) or subsection (4) of section 41
of this Constitution, he is required to cease to exercise
any of his functions as a member of the House of Representatives;
or
(e) if his appointment
is revoked under the provisions of subsection (5)
of this section.
(4) If occasion arises
for making an appointment while Parliament is dissolved,
a person who was a member of the House of Representatives
immediately before the dissolution may be appointed
Leader of the Opposition as if such person were still
a member of that House but the person so appointed
shall vacate office at the beginning of the next session
of that House if he is not a member thereof.
(5) If, in the judgment
of the GovernorGeneral, the Leader of the Opposition
no longer is able to command the support of a majority
of those members of the House of Representatives who
do not support the Government, or, as the case may
be, the support of the largest single group of such
members who are prepared to support one leader, the
GovernorGeneral, acting in his discretion, shall
revoke the appointment of the Leader of the Opposition.
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81. Certain
vacancies in office of Leader of Opposition.
81. During any period
in which there is a vacancy in the, office of Leader
of the Opposition by reason of the fact that no person
is both qualified in accordance with this Constitution
for, and willing to accept, appointment to that office,
the GovernorGeneral shall act in accordance with
the advice of the Prime Minister on any matter in
respect of which it is provided in this Constitution
either-
(a) that the GovernorGeneral
shall act on the advice of the Leader of the Opposition,
or
(b) that the GovernorGeneral
shall act on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition.
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82. Privy
Council.
82. (1) There shall
be in and for Jamaica a Privy Council which shall
consist of six members appointed by the GovernorGeneral,
after consultation with the Prime Minister, by instrument
under the Broad Seal.
(2) At least two of
the members of the Privy Council shall be persons
who hold or have held public office.
(3) The Privy Council
shall have such powers and duties as may be conferred
or imposed upon it by or under this Constitution or
any other law.
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83. Tenure
of office of members of Privy Council.
83. (1) The seat of
a member of the Privy Council shall become vacant-
(a) at the expiration
of three years from the date of his appointment or
such earlier time as may be specified in the instrument
by which he was appointed;
(b) if he resigns his
seat; or
(c) if his appointment
is revoked by the Governor-General, acting after consultation
with the Prime Minister, by instrument under the Broad
Seal.
(2) If any person is
appointed to be a provisional member of the Privy
Council under section 85 of this Constitution and
his tenure of his seat as a provisional member is
immediately followed by his substantive appointment
as a member under this section, the period of three
years referred to in paragraph (a) of subsection (1)
of this section shall be reckoned from the date of
the instrument by which he was appointed a provisional
member.
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84. Incapacity
of member of Privy Council.
84. The GovernorGeneral,
acting after consultation with the Prime Minister,
may, by instrument under the Broad Seal, declare that
a member of the Privy Council, is by reason of absence
or infirmity of body or mind, temporarily unable to
discharge his functions as a member of the Council,
and thereupon that member shall not take part in the
proceedings of the Council until he is declared in
like manner to be again able to discharge those functions.
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85. Provisional
appointments to Privy Council.
85. (1) Whenever a
member of the Privy Council has, under section 84
of this Constitution, been declared to be temporarily-unable
to discharge his functions as a member, the GovernorGeneral,
acting after consultation with the Prime Minister,
may, by instrument under the Broad Seal, appoint a
person to be a provisional member in place of that
member during the period until that member is declared
under section 84 of this Constitution to be again
able to discharge those functions or vacates his seat.
(2) Subject to the
provisions of subsection (1) of this section, the
provisions of subsection (1) of section 83 of this
Constitution shall apply in relation to a provisional
member of the Privy Council as they apply in relation
to a substantive member.
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86. Senior
Member of Privy Council.
86. (1) The GovernorGeneral,
after consultation with the Prime Minister, shall
appoint one of the members of the Privy Council to
be the Senior Member thereof.
(2) If on any question
the votes of the members of the Privy Council are
equally divided the Senior Member shall have and exercise
a casting vote in addition to his original vote.
(3) the Senior Member
shall preside over any meeting of the Privy Council
at which the GovernorGeneral is not present.
(4) If at any meeting
of the Privy Council the Senior Member is absent,
the members present shall elect one of their number
to exercise the powers and to perform the duties of
the Senior Member at that meeting.
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87. Attendance
of GovernorGeneral.
87. The GovernorGeneral
shall, so far as is practicable, attend and preside
at all meetings of the Privy Council.
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88. Summoning
of Privy Council and procedure.
88. (1) The Privy Council
shall not be summoned except by the authority of the
GovernorGeneral acting in his discretion.
(2) If, during any
meeting of the Privy Council, the GovernorGeneral
or member presiding observes, upon objection in that
behalf being taken by any member present, that there
are present less than three members besides the GovernorGeneral
or member presiding, he shall thereupon adjourn the
meeting.
(3) Subject to the
provisions of this Constitution, the Privy Council
may regulate its own procedure.
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89. Validity
of proceedings or Privy Council.
89. The Privy Council
shall not be disqualified for the transaction of business
by reason only of any vacancy among its members (including
any vacancy not filled when it is first constituted
or is reconstituted at any time), and any proceeding
therein shall be valid notwithstanding that some person
who was not entitled so to do took part therein.
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90. Prerogative
of mercy.
90. (1) The GovernorGeneral
may, in Her Majesty's name and on Her Majesty's behalf-
(a) grant to any person
convicted of any offence against the law of Jamaica
a pardon, either free or subject to lawful conditions;
(b) grant to any person
a respite, either indefinite or for a specified period,
from the execution of any punishment imposed on that
person for such an offence;
(c) substitute a less
severe form of punishment for that imposed on any
person for such an offence; or
(d) remit the whole
or part of any punishment imposed on any person for
such an offense or any penalty or forfeiture otherwise
due to the Crown on account of such an offence.
(2) In the exercise
of the powers conferred on him by this section the
GovernorGeneral shall act on the recommendation of
the Privy Council.
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91. Pardon
in capital cases.
91. (1) Where any person
has been sentenced to death for an offense against
the law of Jamaica, the Governor-General shall cause
a written report of the case from the trial judge,
together with such other information derived from
the record of the case or elsewhere as the Governor-General
may require, to be forwarded to the Privy Council
so that the Privy Council may advise him in accordance
with the provisions of section 90 of this Constitution.
(2) The power of requiring
information conferred on the GovernorGeneral by subsection
(1) of this section shall be exercised by him on the
recommendation of the Privy Council or, in any case
in which in his judgment the matter is too urgent
to admit of such recommendation being obtained by
the time within which it may be necessary for him
to act, in his discretion.
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92. Secretary
to the Cabinet.
92. (1) There shall
be a Secretary to the Cabinet who shall be appointed
by the GovernorGeneral, acting on the recommendation
of the Prime Minister, from a list of public officers
submitted by the Public Service Commission.
(2) The Secretary to
the Cabinet shall have charge of the Cabinet Office
and shall be responsible, in accordance with such
instructions as may be given to him by the Prime Minister,
for arranging the business for, and keeping the minutes
of, the meetings of the Cabinet and for conveying
the decisions of the Cabinet to the appropriate person
or authority, and shall have such other functions
as the Prime Minister may from time to time direct.
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93. Permanent
Secretaries.
93. (1) Where any Minister
has been charged with the responsibility for a subject
or department of government, he shall exercise general
direction and control over the work relating to that
subject and over that department; and, subject as
aforesaid and to such direction and control, the aforesaid
work and the department shall be under the supervision
of a Permanent Secretary appointed in accordance with
the provisions of section 126 of this Constitution.
(2) A person may be
a Permanent Secretary in respect of more than one
department of government.
(3) The office of Financial
Secretary is hereby constituted and, for the purposes
of this section, he shall be deemed to be a Permanent
Secretary.
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94. Establishment
of office and functions of Director of Public Prosecutions.
94. (1) There shall
be a Director of Public Prosecutions, whose office
shall be a public office
(2) A person shall
not be qualified to hold or act in the office of Director
of Public Prosecutions unless he is qualified for
appointment as a Judge of the Supreme Court.
(3) The Director of
Public Prosecutions shall have power in any case in
which he considers it desirable so to do-
(a) to institute and
undertake criminal proceedings against any person
before any court other than a courtmartial in respect
of any offense against the law of Jamaica;
(b) to take over and
continue any such criminal proceedings that may have
been instituted by any other person or authority;
and
(c) to discontinue
at any stage before judgment is delivered any such
criminal proceedings instituted or undertaken by himself
or any other person or authority.
(4) The powers of the
Director of Public Prosecutions under subsection (3)
of this section may be exercised by him in person
or through other persons acting under and in accordance
with his general or special instructions.
(5) The powers conferred
upon the Director of Public Prosecutions by paragraphs
(b) and (c) of subsection (3) of this section shall
be vested in him to the exclusion of any other person
or authority:
Provided that where
any other person or authority has instituted criminal
proceedings, nothing in this subsection shall prevent
the withdrawal of those proceedings by or at the instance
of that person or authority and with the leave of
the Court.
(6) In the exercise
of the powers conferred upon him by this section the
Director of Public Prosecutions shall not be subject
to the direction or control of any other person or
authority.
(7) For the purposes
of this section, any appeal from any determination
in any criminal proceedings before any court, or any
case stated or question of law reserved for the purposes
of any such proceedings, to any other court in Jamaica
or to the Judicial Committee of Her Majesty's Privy
Council shall be deemed to be part of those proceedings.
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95. Remuneration
of Director of Public Prosecutions.
95. (1) The Director
of Public Prosecutions shall receive such emoluments
and be subject to such other terms and conditions
of service as may from time to time be prescribed
by or under any law:
Provided that the emoluments
and terms and conditions of service of the Director
of Public Prosecutions, other than allowances that
are not taken into account in computing pensions,
shall not be altered to his disadvantage during his
continuance in office.
(2) The salary for
the time being payable to the Director of Public Prosecutions
under this Constitution shall be charged on and paid
out of the Consolidated Fund.
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96. Tenure
of office of Director of Public Prosecutions.
96. (1) Subject to
the provisions of subsections (4) to (7) (inclusive)
of this section the Director of Public Prosecutions
shall hold office until he attains the age of sixty
years:
Provided that-
(a) he may at any time
resign his office; and
(b) GovernorGeneral,
acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition,
may permit a Director of Public Prosecutions who has
attained the age of sixty years to continue in office
until he has attained such later age, not exceeding
sixty five years, as may (before the Director of Public
Prosecutions has attained the age of sixty years)
have been agreed between them.
(2) Nothing done by
the Director of Public Prosecutions shall be invalid
by reason only that he has attained the age at which
he is required by this section to vacate his office.
(3) If the office of
Director of Public Prosecutions is vacant or the holder
of that office is for any reason unable to perform
the functions thereof, a person qualified for appointment
to that office may be appointed to act therein, and
any person so appointed shall, subject to the provisions
of subsection (1) of this section, continue to act
until the office of Director of Public Prosecutions
is filled or, as the case may be, until the Director
of Public Prosecutions has resumed the functions of
his office or the appointment of that person is revoked
by the GovernorGeneral acting on the advice of the
Public Service Commission.
(4) The Director of
Public Prosecutions may be removed from office only
for inability to discharge the functions of his office
(whether arising from infirmity of body or mind or
any other cause) or for misbehaviour and shall not
be so removed except in accordance with the provisions
of this section.
(5) The Director of
Public Prosecutions shall be removed from office by
the GovernorGeneral if the question of his removal
from office has been referred to a tribunal appointed
under subsection (6) of this section and the tribunal
has recommended to the GovernorGeneral that he ought
to be removed from office for inability as aforesaid
or for misbehaviour.
(6) If the Prime Minister
represents to the Governor-General that the question
of removing the Director of Public Prosecutions from
office for inability as aforesaid or for misbehaviour
ought to be investigated then-
(a) the GovernorGeneral,
acting in accordance with the advice of the Prime
Minister, shall appoint a tribunal, which shall consist
of a chairman and not less than two other members,
from among persons who hold or have held office as
a judge of a court having unlimited jurisdiction in
civil and criminal matters in some part of the Commonwealth
or a court having jurisdiction in appeals from any
such court; and
(b) that tribunal shall
enquire into the matter and report on the facts thereof
to the Governor-General and recommend to the GovernorGeneral
whether the Director of Public Prosecutions ought
to be removed from office for inability as aforesaid
or for misbehaviour.
(7) The provisions
of the Commissions of Enquiry Act as in force immediately
before the appointed day shall, subject to the provisions
of this section and of the Third Schedule to this
Constitution, apply as nearly as may be in relation
to tribunals appointed under subsection (6) of this
section or, as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under that Act, and for that
purpose shall have effect as if they formed part of
this Constitution.
(8) If the question
of removing the Director of Public Prosecutions from
office has been referred to a tribunal under subsection
(6) of this section, the Governor-General, acting
in accordance with the advice of the Prime Minister,
may suspend the Director of Public Prosecutions from
performing the functions of his office, and any such
suspension may at any time be revoked by the Governor-General,
acting in accordance with the advice of the Prime
Minister, and shall in any case cease to have effect
if the tribunal recommends to the GovernorGeneral
that the Director of Public Prosecutions should not
be removed from office.
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