巴布亚新几内亚政党法 （二）

PART 5. – STRENGTHENING OF POLITICAL PARTIES. Division 1. Endorsement of Candidates. 53. GENERAL PROVISION. A candidate may contest elections to the National Parliament either as political party endorsed or as an independent. 54. DOUBLE ENDORSEMENT . (1) No person shall contest election in an electorate both as an independent and as a political party endorsed candidate. (2) Where a political party has endorsed a candidate to contest an election in an electorate, it is prohibited from providing any form of support to any other candidate in that election. (3) Any person r political party who breaches Subsection (1) or (2) or both of these subsections is guilty of an offence. Penalty: A fine not exceeding K5, 000.00 or imprisonment for six months. (4) Where a candidate has contested and won an election in an electorate in accordance with this section and is subsequently found guilty under Subsection (3), his election is null and void. 55. MISREPRESENTATION BY CANDIDATE. A candidate who – (a) announces or publishes; or (b) knowingly causes another person to announce or publish or his behalf, without the authority of a political party (proof of which lies on the candidate) stating or suggesting that the candidate – (c) is a candidate of; or (d) has been endorsed or adopted for candidate by, that political party for an election, is guilty of an offence. Penalty: A fine not exceeding K1, 000.00 or imprisonment for a term not exceeding six months, or both. 56. POLITICAL PARTY ENDORSED CANDIDATES. (1) The following provisions apply to the endorsement of candidates at elections to the Parliament: – (a) a registered political party shall not endorse more than one candidate (whether male or female) in each electorate; (b) a political party which is not registered shall not endorse a candidate; (c) a candidate shall not accept endorsement from more than one registered political party at the same time. (2) A registered political party which endorsed more than one candidate in an electorate is guilty of an offence. Penalty: A fine not exceeding K5, 000.00 (3) Where – (a) a registered political party is convicted of an offence under Subsection (2); and (b) one of the candidates endorsed by that registered party in the electorate in respect of which the offence was committed, wins the election, that candidate shall be treated as an independent for the purposes of this Law. (4) A candidate who accepts endorsement in an election from more than one registered political party is guilty of an offence. (5) Where a candidate – (a) is convicted of an offence under Subsection (4); and (b) wins the election in respect of which the offence was committed, his election shall be declared void. Division 2. Resignation from a Registered Political Party. 57. GROUNDS FOR AND EFFECT OF RESIGNATION FROM A REGISTERED POLITICAL PARTY. (1) A Member who is a member of a registered political party may resign from that registered political party – (a) where, in accordance with Section 105(1)(a) (general elections) of the Constitution, a general election falls to be held within the period of three months before the fifth anniversary of the day fixed for the return of the writs for the previous general election – within a period of 30 days before the commencement of the three month period; and (b) where a general election falls to be held in any circumstances other than those referred to in Paragraph (a) – within 14 days following the date of issue of the writs for the general election, and the provisions of this Part relating to a Member who resigns from a registered political party shall not apply in respect of a Member who resigns under this subsection. (2) The following are permissible grounds for resignation by a Member from a registered political party of which he is a member: – (a) that – (i) the party; or (ii) an executive officer of the party, has committed a serious breach of the constitution of the political party; or (b) that the political party has been adjudged insolvent under any applicable law. (3) A Member who resigns from a registered political party other than under Subsection (1), but is unable to establish that the grounds specified under Subsection (2) existed in relation to his resignation, is guilty of misconduct in office. (4) A Member who resigns from a registered political party other than under Subsection (1) or on grounds other than those specified under Subsection (2) is guilty of misconduct in office. (5) For the purposes of Subsection (2), “a serious breach of the constitution” means a breach of the constitution of the registered political party that would be likely to bring the integrity and reputation of the Member into disrepute. 58. MEMBER MAY RESIGN FROM REGISTERED POLITICAL PARTY. (1) A Member who is member of a registered political party may resign from the party by submitting his resignation in writing to the president of the party. (2) A resignation under Subsection (1) shall specify the grounds for the resignation. (3) In any investigation unde this Division into the resignation of a Member or in any subsequent inquiry under Part V of the Organic Law on the Duties and Responsibilities of Leadership into the resignation, the burden of proof that the grounds for resignation were permissible grounds under Section 57(2) rests with the Member. 59. PROCEDURES FOLLOWING RESIGNATION OF A MEMBER FROM A REGISTERED POLITICAL PARTY. (1) On receipt of a resignation under Section 58, the president of the registered political party shall, within 30 days of the date of receipt by him of the resignation, give notification and a copy of the resignation to – (a) the Speaker; and (b) the Registrar. (2) On receipt of a notification under Subsection (1)(b), the Registrar shall refer the resignation to the Ombudsman Commission. (3) A Member shall not withdraw his resignation after it has been referred to the Ombudsman Commission under Subsection (2). (4) On receipt of a referral under Subsection (2), the Ombudsman Commission shall investigate whether the resignation was made on grounds specified under Section 57(2) or whether it is satisfied that the Member is guilty of misconduct in office under Section 57(3). 60. FURTHER PROVISION. (1) Where, following investigation under Section 59(4), the Ombudsman Commission is satisfied that a Member is guilty of misconduct in office under Section 59(3), the matter shall proceed in accordance with Part V of the Organic Law on the Duties and Responsibilities of Leadership. (2) Where, following investigation under Section 59(4), the Ombudsman Commission is satisfied that a Member is not guilty of misconduct in office under Section 59(3), it shall so advise – (a) the Member; and (b) the Speaker; and (c) the Registrar, and the Minister shall retain his office as a Member of the Parliament and may – (d) join another registered political party; or (e) remain independent from any political party. (3) Where, as a result of the procedure under Part V of the Organic Law on the Duties and Responsibilities of Leadership no recommendation is made for the dismissal from office of a Member the Member shall retain his office as a Member of the Parliament and may – (a) join another registered political party; or (b) remain independent from any political party. 61. STATUS OF MEMBER DURING INVESTIGATION, ETC. For the period commencing on the date on which the Registrar refers the resignation of a Member to the Ombudsman Commission under Section 59(2) and ending on – (a) the date of any advice given by the Ombudsman under Section 60(2); or (b) where the matter proceeds in accordance with Section 59(1), the date of final resolution of the matter in accordance with Part V of the Organic Law on the Duties and Responsibilities of Leadership, the Member remains a member of the registered political party from which he seeks to resign and the provisions of Section 65 apply to him as a member of that party. Division 3. Expulsion from a Registered Political Party. 62. EXPULSION FROM REGISTERED POLITICAL PARTY. (1) A registered political party may, in accordance with its constitution, expel from the party a member of the party (including a member who is a Member of the Parliament) on grounds specified in the constitution of the party. (2) A Member expelled from a party under Subsection (1) may – (a) join another registered political party; or (b) remain independent from any political party. Division 4. Invitation to form Government. 63. INVITATION TO FORM GOVERNMENT. (1) Subject to Subsection (2), on the date of the return of the writs in a general election, the Electoral Commission shall advise the Head of State of the registered political party which has endorsed the greatest number of candidates declared elected in the election, and the Head of State, acting with, and in accordance with, the advice of the Electoral Commission, shall invite that registered political party to form the Government in accordance with this section. (2) Where two or more registered political parties have endorsed an equal number (being the greatest number) of candidates declared elected in the election, the Electoral Commission shall so advise the Head of State, and the Head of State, acting with, and in accordance with, the advice of Electoral Commission, shall invite the registered political party with the highest votes declared in the election to form the Government. (3) An invitation under Subsection (1) or invitations under Subsection (2) shall be – (a) conveyed to the public office of the registered political party or registered political parties, as the case may be; and (b) notified to the Clerk of Parliament; and (c) published in the National Gazette. (4) At the first meeting of the Parliament following a general election, being a meeting at which the Prime Minister is to be elected, the registered political party to whom the invitation has been made may nominate a candidate for election of the Prime Minister. (5) Where – (a) a candidate is nominated under Subsection 4(a) – the Parliament shall vote as to whether that candidate is to be elected Prime Minister; or (b) a candidate is or candidates are nominated under Subsection (4)(b), the Parliament shall vote as to whether that candidate, or any of those candidates, is to be elected Prime Minister. (6) Where – (a) the candidate nominated under Subsection (4)(a); or (b) a candidate nominated under Subsection (4)(b), receives a simple majority of the votes in the election of Prime Minister, the Speaker shall advise the Head of State that the candidate has bee elected Prime Minister by the Parliament. (7) Where – (a) a registered political party to whom an invitation has been made under Subsection (1) or (2) declines or fails to nominate a candidate under Subsection (4); or (b) a nominated candidate under Subsection (4) fails to receive a simple majority of the votes in the election under Subsection (5), the Parliament shall otherwise elect a Prime Minister in accordance with Standing Orders of the Parliament. (8) In an election of a Prime Minister under Subsection (7) – (a) a registered political party, who declined to nominate a candidate under Subsection (4), may nominate a candidate; and (b) a nominated candidate, who failed to receive a simple majority of votes in an election under Subsection (5), may be nominated. 64. OFFICE OF OPPOSITION AND ELECTION OF OPPOSITION LEADER. (1) There shall be established an Office of the Opposition which is made up of Members of Parliament not in government. (2) The Members shall elect in a democratic manner one of their numbers to be the Leader of Opposition who shall in turn then appoint one of the Members to be the Deputy Leader. (3) Funds shall be provided in each year from the Consolidated Revenue Fund for the maintenance and expenses of the Office of the Opposition. Division 5. Defection from Political Party and Voting Restriction. 65. DEFECTION FROM OR VOTING AGAINST A REGISTERED POLITICAL PARTY. (1) A Member of the Parliament, who was an endorsed candidate of a registered political party at the election at which he was elected to the Parliament, shall, during the term of the Parliament for which he was elected – (a) not withdraw or resign from that registered political party except in accordance with Division 2; and (b) subject to Section 60(2)(d) or Section 60(3)(a), not join another registered political party; and (c) subject to Subsection (2), vote only in accordance with a resolution of that registered political party as determined by the member of that registered political party who are Member of the Parliament is the following only: – (i) a motion of no-confidence brought against the Prime Minister, the Ministry or a Minister under Section 145 (motion of no confidence) of the Constitution; and (ii) a vote for the election of a Prime Minister under Section 142 (The Prime Minister) of the Constitution; and (iii) a vote for the approval of the National Budget; and (iv) a vote to enact, amend or repeal a Constitutional Law. (2) A member of the Parliament who is a member of a registered political party may abstain from voting in cases referred to in Subsection (1)(c). 66. VOTE CONTRARY TO PROVISIONS OF SECTION 65(1)(C) NOT TO BE COUNTED. The vote of a Member of the Parliament contrary to the provisions of Section 65(1)(c) shall not be counted. 67. DEEMED RESIGNATION FROM OFFICE. Where a member of the Parliament contravenes Section 65(1) – (a) he is deemed to have resigned from the registered political party of which he was a member; and (b) the Speaker shall give notification of the matter to the Registrar; and (c) the Registrar shall refer the matter to the Ombudsman Commission; and (d) the matter shall proceed under Section 59(4), Sections 60 and 61 as if the resignation were a resignation under Section 58. 68. OTHER PENALTIES FOR CONTRAVENTION OF SECTION 65. A Member of the Parliament who contravenes Section 65, but to whom Section 60 applies – (a) shall refund to the registered political party all campaign and other expenses received from the registered political party in supporting him at the election; and (b) shall not be appointed as a Prime Minister, Minister, Vice-Minister or Chairman or Deputy Chairman of a Committee of the Parliament for the remainder of the life of the Parliament. 69. MEMBER ELECTED WITHOUT ENDORSEMENT. (1) Subject to Subsection (2), a Member of the Parliament elected without endorsement by a registered political party shall not join a registered political party during the life of the Parliament to which he was elected without endorsement. (2) A Member of the Parliament elected at a general election without endorsement by a registered political party may join a registered political party at any time after the return of the writs and before the first election by the Parliament of a Speaker following the date of the return of the writs in that general election provided that that registered political party had endorsed candidates at that general election. (3) A Member of the Parliament – (a) elected without endorsement by a registered political party; or (b) whose resignation from a registered political party has been found – (i) by the Ombudsman Commission, following investigation; or (ii) after the procedure in accordance with Part V of the Organic Law on the Duties and Responsibilities of Leadership, not to amount to misconduct in office; or (c) who otherwise, in accordance with this Law, becomes an independent Member, and who does not subsequently join a registered political party shall remain as an independent Member for the rest of the term of the Parliament, but in the case of – (d) a motion of no-confidence in the Prime Minister, the Ministry or a Minister – the provisions of Section 70 shall apply; and (e) the election of a Prime Minister (other than the election of the Prime Minister immediately following a general election) – the provisions of Section 71 shall apply; and (f) a vote on the approval of the National Budget – the provisions of Section 72 shall apply; and (g) a vote on the enactment, amendment or repeal of a Constitutional Law – the provisions of Section 73 shall apply. 70. VOTING IN THE CASE OF A MOTION OF NO CONFIDENCE OR IN THE ELECTION OF A PRIME MINISTER FOLLOWING RESIGNATION WHERE THE MEMBER RESIGNING IS NOMINATED FOR ELECTION. (1) A Member of the Parliament – (a) who was not a member of a registered political party at the time of the election of a Prime Minister; and (b) who voted for the Member elected Prime Minister in the election; and (c) to whom Subsection (2) does not apply, shall not vote – (d) for a motion of no confidence in – (i) that Prime Minister; or (ii) the Ministry headed by that Prime Minister; or (iii) a Minister appointed on the advice of that Prime Minister; or (e) against the Member elected Prime Minister referred to in Paragraph (b), in an election of Prime Minister, following the resignation of the Prime Minister referred to in Paragraph (b), where the Prime Minister referred to in Paragraph (b) is nominated. (2) A Member of the Parliament, who – (a) was not a member of a registered political party at the time of the election of a Prime Minister; and (b) voted for the Member elected Prime Minister in that election; and (c) subsequently, and at least six months before, a motion of no confidence in – (i) that Prime Minister; or (ii) the Ministry headed by that Prime Minister; or (iii) a Minister appointed on the advice of that Prime Minister, join a registered political party, shall vote in that motion of no confidence in accordance with requirements of a member of that registered political party under Section 65. (3) A Member of the Parliament who – (a) was not a member of a registered political party at the time of the election of a Prime Minister; and (b) did not vote for the Member elected Prime Minister in that election; and (c) has not subsequently joined a registered political party at least six months prior to a motion of no confidence in – (i) that Prime Minister; or (ii) the Ministry headed by that Prime Minister; or (iii) a Minister appointed on the advice of that Prime Minister, shall not vote against the motion of no confidence. 71. VOTING IN THE ELECTION OF A PRIME MINISTER FOLLOWING RESIGNATION OF A PRIME MINISTER AND IN THE EVENT OF OTHER VACANCIES IN THE OFFICE OF PRIME MINISTER. Where – (a) a Prime Minister has resigned and has not been nominated in the election of the next Prime Minister; or (b) there is otherwise a vacancy in the office of Prime Minister, a Member of the Parliament who is not a member of a registered political party may vote for any nominee in the election of the next Prime Minister. 72. VOTING ON THE NATIONAL BUDGET. (1) In any vote taken to approve a National Budget – (a) a Member of the Parliament who is a member of a registered political party shall vote in accordance with a resolution as determined by the members of the party who are Members of the Parliament; and (b) a Member of the Parliament – (i) who is not a member of a registered political party; and (ii) who voted, in the election for Prime Minister, for the Prime Minister whose Government is proposing the National Budget, shall vote for the National Budget; and (c) A member of the Parliament – (i) who is not a member of a registered political party; and (ii) who did not vote, in the election for Prime Minister, for the Prime Minister whose Government is proposing the National Budget, may vote for or against the National Budget. (2) The vote of a Member of the Parliament – (a) to whom Subsection (1)(a) applies, who does not vote in accordance with Subsection (1)(a); and (b) to whom Subsection (1)(b) applies, who does not vote in accordance with Subsection (1)(b), shall not be counted. (3) In the event of any question arising as to whether or not a vote taken in the Parliament constitutes a vote to approve a National Budget, the decision of the Speaker on the matter shall be final. 73. VOTING ON CONSTITUTIONAL LAW. (1) In any vote taken to enact, amend or repeal a Constitutional Law – (a) a Member of the Parliament who is a member of a registered political party shall vote in accordance with a resolution as determined by the members of the party who are Members of the Parliament; and (b) a Member of the Parliament – (i) who is not a member of a registered political party; and (ii) who voted, in the election for Prime Minister, for the Prime Minister whose Government is proposing the enactment, amendment or repeal, shall vote for the enactment, amendment or repeal; and (c) a Member of the Parliament – (i) who is not a member of a registered political party; and (ii) who did not vote, in the election for Prime Minister, for the Prime Minister whose Government is proposing the enactment, amendment or repeal, may vote for or against the enactment, amendment or repeal. (2) The vote of a Member of the Parliament – (a) to whom Subsection (1)(a) applies, who does not vote in accordance with Subsection (1)(a); and (b) to whom Subsection (1)(b) applies, who does not vote in accordance with Subsection (1)(b), shall not be counted. 74. INTERFERENCE WITH MEMBER OF PARLIAMENT, ETC. Where a – (a) political party; or (b) member or executive of a political party; or (c) Member of Parliament; or (d) person, forces, threatens, intimidates, detains or otherwise interferes with the free movement of, a Member of the Parliament in relation to the performance by that Member of his Parliamentary duties (including attendance at Parliament or debating or voting on any issue in Parliament or elsewhere in his capacity as a Member), is guilty of an offence. Penalty: A fine not exceeding K5, 000.00 or 6 months imprisonment. PART 6. – FUNDING POLITICAL PARTIES. Division 1. Central Fund and Contribution. 75. FUNDING OF POLITICAL PARTY ONLY IN ACCORDANCE WITH THIS LAW. (1) A political party shall be funded only in accordance with this Law. (2) Only a registered political party is eligible to receive funding from the Central Fund. (3) The funding of a registered political party shall consist of: – (a) funding from the Central Fund where applicable in accordance with this Law; and (b) any contributions made to the registered political party under Section 79(1)(b) and Section 81(1)(b); and (c) such other income as is not inconsistent with the provisions in this Law. (4) The Registrar of Political Parties shall, out of monies appropriated in accordance with Section 78(2)(d), pay for the salaries and allowances of the executives of the Registered Political Parties. 76. ESTABLISHMENT OF CENTRAL FUND. (1) A fund to be called the Central Fund is hereby established. (2) All monies – (a) required to be paid to the Central Fund under this Law; and (b) otherwise available for payment to the Central Fund under this Law, shall be paid into the Central Fund and all payments authorized to be made under this Law shall be met by the Central Fund. 77. SOURCE OF FUNDS IN CENTRAL FUND. The Central Fund shall hold funds contributed from the following sources: – (a) monies appropriated in the National Budget in accordance with Section 78; and (b) contributions made by citizens in accordance with Section 79(1)(a); and (c) contributions made by an international organization in accordance with Section 80; and (d) contributions made by non-citizens in accordance with Section 81(1)(a); and (e) funds raised by the Commission; and (f) proceeds received by the Commission from investments made by it. 78. PUBLIC FUNDING. (1) In the National Budget for each year funds shall be appropriated in accordance with this section for the purposes of the Central Fund. (2) The amount of funds to be appropriated in each year for the Central Fund shall be calculated as follows: – (a) K10, 000.00 in respect of each Member of the Parliament; and (b) an amount to cover any increase in the amount referred to in Paragraph (a) as a result of an increase under Section 82(3); and (c) an amount to cover the administration of the Central Fund; and (d) an amount, as determined by the Commission, to cover the Central Fund’s commitments under Section 83; and (e) an amount, as determined by the Commission, to cover for salaries and allowances of the executives of the Registered Political Parties under Section 75(4). 79. CONTRIBUTIONS FROM CITIZENS. (1) Subject to this section, a citizen may contribute to – (a) the Central Fund, to an unlimited extent; and (b) a political party, to an extent provided by Subsection (2)(a); and (c) a candidate, to an extent provided by Subsection (2)(b). (2) Subject to Subsection (4), contributions made by a citizen – (a) under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and (b) under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election. (3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2). (4) Subsections (2) and (3) do not apply to a loan made to – (a) a political party; or (b) a candidate at an election, by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution. (5) A citizen, who makes a contribution to – (a) a political party; or (b) a candidate at an election, shall, within 30 days of making the contribution, inform the Registrar of – (c) the amount of the contribution; and (d) the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and (e) the date on which the contribution was made; and (f) such other matters concerning the contribution as may be prescribed. (6) A person, who fails to comply with Subsection (5), is guilty of an offence. Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed. (7) A – (a) registered political party; or (b) candidate at an election, shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of – (c) the amount of the contribution; and (d) the name of the citizen from whom the contribution was received; and (e) the date on which the contribution was made; and (f) such other matters concerning the contribution as may be prescribed. (8) A – (a) registered political party which; or (b) candidate, who fails to comply with Subsection (7), is guilty of an offence. Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed. 80. CONTRIBUTIONS FROM INTERNATIONAL ORGANISATIONS. (1) An international organisation may contribute to the Central Fund. (2) An international organisation shall not contribute directly to a registered political party. 81. CONTRIBUTIONS FROM NON-CITIZENS. (1) Subject to this section, a non-citizen may contribute to – (a) the Central Fund, to an unlimited extent; and (b) a registered political party, to an extent provided by Subsection (2)(a); and (c) a candidate, to an extent provided by Subsection (2)(b). (2) Subject to Subsection (4), contributions made by a non-citizen – (a) under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and (b) under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election. (3) Subject to Subsection (4), a non-citizen shall not – (a) contribute, directly or indirectly, to a political party which is not a registered political party; or (b) enter into any scheme to defeat the provisions of Subsection (2) or of Paragraph (a). (4) Subsections (2) and (3) do not apply to a loan made to – (a) a political party; or (b) a candidate at an election, by a non-citizen corporation which is licensed as a bank or financial institution under the Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution. (5) A non-citizen, who makes a contribution to – (a) a registered political party; or (b) a candidate at an election, shall, within 30 days of making the contribution, inform the Registrar of – (c) the amount of the contribution; and (d) the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and (e) the date on which the contribution was made; and (f) such other matters concerning the contribution as may be prescribed. (6) A person, who fails to comply with Subsection (5), is guilty of an offence. Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed. (7) A – (a) registered political party; or (b) candidate at an election, shall, within 30 days of receiving a contribution from a non-citizen, inform the Registrar of – (c) the amount of the contribution; and (d) the name of the non-citizen from whom the contribution was received; and (e) the date on which the contribution was made; and (f) such other matters concerning the contribution as may be prescribed. (8) A – (a) registered political party which; or (b) candidate who, fails to comply with Subsection (7), is guilty of an offence. Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed. Division 2. Distribution of Funds from Central Fund. 82. DISTRIBUTION OF MONEYS FROM THE CENTRAL FUND. (1) For the purposes of this section, “registered political party represented in the Parliament” means a registered political party, a member of which is a Member of the Parliament who – (a) was endorsed by that registered political party at the time of his election to the Parliament; or (b) who subsequently joined that registered political party, and who is not a member of another registered political party. (2) Subject to this section and to any other relevant provision of this Law, the Commission shall pay out of the Central Fund – (a) subject to Subsection (3), to each registered political party represented in the Parliament, the sum of K10, 000.00 for each Member of the Parliament who is a member of that registered political party; and (b) any sum payable to a registered political party under Section 83. (3) The Commission may, taking into account national economic factors, increase the amount payable under Subsection (2)(a), but no such increase shall exceed 10% in any one year. (4) The Commission may, from time to time, out of moneys available in the Central Fund after making the payments under Subsection (2) or (3) make an additional payment to each registered political party. (5) The amount to be paid to each registered political party under Subsection (4) shall generally be in accordance with the principles of Subsection (2). 83. FUNDING OF FEMALE CANDIDATES. (1) Where – (a) a registered political party endorsed a female candidate in an election and spent an amount as election campaign expenses on her behalf; and (b) the female candidate obtained at least 10% of the votes cast in the electorate in that election, the registered political party shall be entitled to receive from the Central Fund – (c) 75% of K10, 000.00 payable to a successful candidate, by the registered political party as election campaign expenses on her behalf; or (d) an amount fixed by the Commission, which is the lesser. (2) Where a registered political party endorses a female candidate in a election as referred to in Subsection (1), and that female candidate wins the election, the female candidate and the registered political party sponsoring the female candidate are not entitled to any payment from the Central Fund under this section. 84. CLAIMS FOR PAYMENT. (1) The Commission shall not make any payments out of the Central Fund under Section 82(2)(a) or (b) except – (a) on the making of a claim by a registered political party in accordance with this section; and (b) where the Commission is satisfied that the registered political party is entitled to funding under Section 82 or 83. (2) A registered political party may apply to the Commission for payment under Section 83. (3) A claim under Subsection (1)(a) or Subsection (2) shall – (a) be made in the prescribed form; and (b) be signed by the president of the registered political party and by its secretary or treasurer; and (c) be made within the prescribed time period. (4) A political party shall not be entitled for payment in the name or names of its Member or Members who fail to lodge his or their financial returns to the Registrar, within the specified period. 85. MEMBERSHIP OF MEMBER OF THE PARLIAMENT IN A REGISTERED POLITICAL PARTY. (1) Subject to Subsection (3), as soon as practicable after 1 March in each year, the Commission shall make a determination as to the membership of registered political parties of Members of the Parliament. (2) For the purpose of the distribution of funds from the Central Fund to a registered political party, a Member of Parliament is deemed to be a member of that registered political party where he is a member of that registered political party on 1 March of that year. (3) In making a determination under Subsection (1), the Commission shall determine that a Member of the Parliament is a member of a registered political party where the Commission is satisfied that – (a) the Member was endorsed as a candidate of that registered political party in the election of that Member to the Parliament; or (b) the Member was in his election to the Parliament not endorsed by a political party, but has since notified the Speaker or the Commission in writing that he has joined that registered political party; or (c) the Member has – (i) notified the Speaker or the Commission in writing that he is a member of that registered political party; and (ii) consistently sat and voted with that registered political party for a period of six months or more, and the Commission is satisfied that that Minister is a member of that registered political party. 86. ENTITLEMENT TO FUNDING FROM THE CENTRAL FUND. (1) A – (a) a person who is a Member of the Parliament, determined by the Commission under Section 85 not to be a member of a registered political party; and (b) Member of Parliament, who is a member of a political party who has failed to file a financial return, is not entitled to any payment of funds from the Central Fund and shall not be included in any calculation of payment of funds from the Central Fund. (2) A registered political party which – (a) does not have any members who are Members of the Parliament; or (b) has failed to file a financial return in accordance with Section 88, is not entitled to any payment of funds from the Central Fund. Division 3. Offences relating to Contributions and Funding. 87. CONTRIBUTIONS. (1) A – (a) citizens, who gives a contribution to a political party or to a candidate in excess of the limits specified in Section 79(2); or (b) non-citizen, who gives a contribution to a political party or to a candidate in excess of the limits specified in Section 81(2), is guilty of an offence. Penalty: A fine not exceeding K10, 000.00 or imprisonment for a term not exceeding two years, or both. (2) A – (a) political party, which; or (b) member of political party, who, seeks or accepts a contribution to that political party from – (c) a citizen, in excess of the limits specified in Section 79(2); or (d) a non-citizen, in excess of the limits specified in Section 81(2), is guilty of an offence. Penalty: In the case of a political party, a fine not exceeding K10, 000.00. In the case of a member of a political party, a fine not exceeding K2, 000.00 or imprisonment for a term not exceeding six months, or both. (3) A – (a) citizen, who fails to comply with Section 79(3); or (b) non-citizen, who fails to comply with Section 81(3), is guilty of an offence. Penalty: A fine not exceeding K10, 000.00 or imprisonment for a term not exceeding two years, or both. (4) Where a political party or member of a political party is convicted of an offence under Subsection (2) which relates to the acceptance of a contribution, it or he shall, in addition to any penalty imposed under Subsection (2), pay to the Central Fund – (a) where the contribution was money – the amount received; and (b) where the contribution was other than money – an amount equal to the value of the contribution as determined by the Commission, And the political party is not entitled to any distribution of moneys from the Central Fund under Section 82 until such payment is made. (5) A candidate, who seeks or accepts, for the purposes of his election – (a) a contribution from a citizen in excess of the limits specified in Section 79(2); or (b) a contribution from a non-citizen in excess of the limits specified in Section 81(2), is guilty of an offence. Penalty: A fine not exceeding K5,000. 00 or imprisonment for a term not exceeding one year, or both. (6) Where a person convicted of an offence under this section is a person to whom the Leadership Code applies, the offence amounts to misconduct in office for the purposes of the Leadership Code. PART 7. – FINANCIAL RETURNS. 88. FINANCIAL RETURNS BY POLITICAL PARTIES. (1) Within three months after the date fixed for the return of writs following a general election and every twelve months thereafter, the public officer of a political party shall lodge with the Registrar a financial return specifying – (a) details of all contributions which that political party has received; and (b) details of all other receipts and income of that political party; and (c) details of all expenditure which that political party has incurred, during the period – (d) in the case of a financial return lodged following the return of writs in a general election – of 12 months preceding the date of return of the writs; and (e) in the case of any other financial return – since the date of the end of the period covered by the previous financial return. (2) A financial return under Subsection (1) shall contain – (a) in respect of each contribution – (i) the full name and address of each contributor; and (ii) the date of receipt of the contribution; and (iii) where the contribution was made in cash – the amount; (iv) where the contribution was not made in cash – and nature and value of the contribution; and (b) in respect of receipts and income – (i) full details of the source and nature of the income or of the sum received; and (ii) the date of receipt of the income or sum received; and (c) in respect of each item of expenditure – (i) the full name and address of each recipient of expenditure; and (ii) the date on which the expenditure was made; and (iii) the nature and value of the expenditure; and (d) in respect of each item of expenditure on a candidate – (i) the full name and address of the candidate; and (ii) the name of the electorate for which he was a candidate; and (iii) the date on which the expenditure was made; and (iv) the nature and value of the expenditure. (3) Where a financial return lodged with Registrar under Subsection (1) – (a) is not complete; or (b) lacks detail or substance in any respect, the Commission may require the political party or the candidate to furnish such further information as the Commission may direct. (4) A political party, which fails to file a financial return as required by this section, is guilty of an offence. Penalty: A fine not exceeding K5, 000.00 Default penalty: A fine not exceeding K50.00 (5) Where a political party has not filed a financial return as required by this section, each executive officer of that political party is guilty of misconduct in office under the Leadership Code. 89. FINANCIAL RETURNS BY CANDIDATES. (1) Within three months after – (a) in the case of a candidate declared to be a successful candidate at return of the writs for an election – the date of the return of the writs; and (b) in the case of a candidate declared to be a successful candidate by a Court of Disputed Returns – the date of the declaration by the Court, a successful candidate shall lodge with the Registrar a financial return specifying – (c) details of the contributions received by him; and (d) details of the expenditure incurred by him, for or in connection with his candidature at the election. (2) A financial return under Subsection (1) shall contain – (a) in respect of each contributor – (i) the full name and address of each contributor; and (ii) the date of receipt of the contribution; and (iii) where the contribution was made in cash – the amount; and (iv) where the contribution was not made in cash – the nature and value of the contribution; and (b) in respect of each item of expenditure – (i) the full name and address of each recipient of expenditure; and (ii) the date on which the expenditure was made; and (iii) the nature and value of the expenditure. (3) Where a financial return lodged with the Registrar under Subsection (1) – (a) is not complete; and (b) lacks detail or substance in any respect, the Commission may require the registered political party or the candidate to furnish such further information as the Commission may direct. (4) A successful candidate, who fails to file a financial return as required by this section, is guilty of an offence. Penalty: A fine not exceeding K2, 000.00. Default penalty: A fine not exceeding K20.00. (5) A successful candidate, who has not filed a financial return as required by this section, is guilty of misconduct in office under the Leadership Code. 90. FALSE AND DEFECTIVE RETURNS. (1) The Registrar shall refer to the Commission a financial return lodged with him under Section 88 or 89 which he believes – (a) is defective; or (b) contains information which is false. (2) Where the Commission considers that a financial return referred to it under Subsection (1) – (a) is defective; or (b) contains information which is false, the Commission shall reject the financial return and the financial return is deemed not to have been lodged. (3) A – (a) registered political party which; or (b) successful candidate, who, knowingly or carelessly files a financial return which – (c) is defective; or (d) contains information which is false, is guilty of an offence. Penalty: A fine not exceeding K2, 000.00. PART 8. – MISCELLANEOUS. Division 1. Inspection. 91. INSPECTION. (1) Where – (a) the Registrar; or (b) the Commission; or (c) a person authorized by the Registrar or Commission in writing, is of the opinion that a person or a political party may have contravened the provisions of this Law or is of the opinion that it is necessary to do so for the purposes of the performances of a function of the Registrar, the Registrar or Commission or the authorized person, under this Law, as the case may be, may – (d) require that the person or political party to produce any receipts, papers, bank statements, documents or other records relating to matters covered by this Law; and (e) where any information relating to matters covered by this Law are contained in an electronic storage medium, require that person or political party to give him full and free access to the electronic medium and to the information contained therein; and (f) inspect any such receipt, paper, bank statement, documents or other record or electronic medium and information contained therein; and (g) take copies of any such receipt, paper, bank statement, document or other record or of information contained in an electronic medium. (2) A person or political party, who or which – (a) hinders or obstructs the Registrar, or a member of the Commission authorized by the Commission, or a person authorized by the Registrar or the Commission in the exercise or performance of his powers and functions under Subsection (1); or (b) without lawful excuse (proof of which is on him) – (i) refuses or wilfully neglects to produce; or (ii) refuses to allow the Registrar, or a member of the Commission authorized by the Commission, or a person authorized by the Registrar or by the Commission to make copies of, any receipt, paper, bank statement, document or other record, or of information contained in any electronic medium, is guilty of an offence. Penalty: A fine not exceeding K10, 000.00. 92. CONFIDENTIALITY. (1) Subject to Subsection (2), information disclosed under this Law to the Registrar, to an officer or employee of the Registry, or to a member of the Commission shall not be disclosed to any person who is not the Registrar or an officer or employee of the Secretariat or a member of the Commission without the prior written approval of the person who provided that information, except – (a) to the extent that disclosure is authorized or required under this Law or any other law; or (b) to the extent the person providing the information authorized its disclosure at the time of providing the information; or (c) as authorized by the Commission. (2) Subsection (1) does not apply to information referred to Division IV.1, Section 29 to 35 inclusive and Sections 15, 88 and 89. (3) The Registrar or an officer or employee of the Registry or a member of the Commission who uses any information disclosed under this Law that comes to his knowledge in the course of, or by reason of his employment as Registrar or an officer or employee of the Registry or his membership of the Commission – (a) for the purpose of his personal gain; or (b) except as authorized under Subsection (1), is guilty of an office. Penalty: A fine not exceeding K10, 000.00 or imprisonment for a term not exceeding four years, or both. 93. CONSTITUTIONAL REGULATIONS. The Head of State, acting with, and in accordance with, the advice of the National Executive Council may make Constitutional Regulations, not inconsistent with this Law, prescriding all matters that are required or permitted to be prescribed or that are necessary or convenient to be prescribed by this Law. Division 2. Repeal, Savings, Transitional, etc. 94. REPEAL. The Organic Law on the Integrity of the Political Parties and Candidates 2000 is hereby repealed. 95. COMMENCEMENT DATE. (1) Notwithstanding the repeal of the principal Organic Law, it is hereby declared that the provisions of the Organic Law have retrospective effect and are deemed to have commenced in accordance with the commencement provisions. (2) For the avoidance of doubt it is hereby declared that this Organic Law has retrospective effect. 96. VALIDITY OF CERTAIN ACTS, MATTERS, ETC. (1) All decisions made, or acts, matters or things done or suffered, prior to this Organic Law which purport to have been made, done or suffered under the authority of or for the purpose of the principal Organic Law (repealed), notwithstanding the repeal or any defect in the doing thereof or in the manner which those decisions were made or those acts, matters or things were done or suffered are deemed to have been authorized by the principal Organic Law. (2) All decisions made, or acts, matters and things done or suffered under or for the purpose of the repealed Organic Law shall be deemed to have been made, done or suffered under the equivalent provisions of this Organic Law. 97. TRANSITIONAL PROVISIONS. (1) A person holding office as Chairman, or as Members, or as Registrar of the Commission under the repealed Organic Law, immediately before the coming into operation of this Organic Law, shall be deemed to have been appointed as Chairman or as Members, or as Registrar of the Commission shall continue in office under this Organic Law. (2) All Constitutional Regulations enacted under the repealed Organic Law and are in force prior to the commencement of this Organic Law shall have the same effect under this Organic Law. Office of Legislative Counsel, PNG http://www.paclii.org/pg/legis/consol_act/olotioppac2003542/