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PART II - RESPONSIBILITIES OF LEADERSHIP

4.Statement of income, etc

    1. A person to whom this Law applies shall—

      (a)  within three months after Independence Day; or

      (b)  within three months after becoming such a person,

       as the case may be, and at least once in every period of 12 months while he remains such a person, give to the Ombudsman Commission a statement to the best of his knowledge setting out, in respect separately of himself and his spouse and any of his children under voting age—

       (a)  the total assets including money, personal property and real property in the possession or under the control of each of them; and

      (b)  the total income received by each of them during the period to which the statement relates and the source of each of those incomes; and

      (c)  the business connexions of each of them (including any business connexions with unincorporated profit—seeking organizations); and

      (d)  the directorships or other offices in a corporation or an unincorporated profit-seeking organization held by each of them; and

      (e)  all business transactions entered into by each of them (including transactions with unincorporated profit-seeking organizations) during the period to which the statement relates; and

      (f)  all gifts received by them (other than gifts received in the normal course of events from close relatives) during the period to which the statement relates and the value of those gifts; and

      (g)  the assets acquired by each of them during the period to which the statement relates; and

      (h)  the liabilities incurred or discharged by each of them during the period to which the statement relates, and the amount of each such liability.

  1. The period to which a statement under Subsection (1) shall relate is—(a)in the case of the first statement — the preceding 12 months; and(b)in any other case-the period since the last statement was given.
  2. In the case of sundries and minor items it is sufficient if the declaration shows their general natures and approximate amounts or values.
  3.  The Ombudsman Commission or other authority may, by notice in writing to a person to whom this Law applies, require him to explain or give details or further details of any matter relating to the statement including—(a)sundries and minor items shown in accordance with Subsection (3); and
    (b)omissions or apparent omissions; and
    (c)discrepancies in the statement or between it and other statements or other information available to the Ombudsman Commission or other authority.
  4. Statements and information given to the Ombudsman Commission or other authority under this section shall not be revealed to any person except—(a)in the course of the duties of the Ombudsman Commission; or(b)for the purpose of proceedings or possible proceedings under Section 27; or(c)under an order of a court of competent jurisdiction.
  5. A person to whom this Law applies who—(a)fails without reasonable excuse (the burden of proof of which is upon him) to give to the Ombudsman Commission or other authority a statement in accordance with Subsection (1), or to give any explanation or details required under Subsection (4); or(b)knowingly, recklessly or negligently gives such a statement or explanation, or any such details, that is or are false, misleading or incomplete in a material particular, is guilty of misconduct in office.

5.Use of office for personal benefit, etc

  1. A person to whom this Law applies who, except as specifically authorized by law, directly or indirectly asks for or accepts, on behalf of himself or an associate, any benefit in relation to any action (past, present or future) in the course of his duties, or in the course of or by reason of his official position, is guilty of misconduct in office.
  2. Subsection (1) extends to the case of a person to whom this Law applies who, except in the course of and for the purpose of his official duties or his official position, uses or allows his name or his official position to be used for the benefit of himself or any other person.

6.Personal interest

  1. A person to whom this Law applies who fails to reveal to the Ombudsman Commission and the appropriate authority the nature and extent of his interest, or the interest of an associate, in a matter with which he has to deal in his official capacity is guilty of misconduct in office. 
  2. A person to whom this Law applies— (a)who, or an associate of whom, has an interest in a matter which he has to deal with in an official capacity; and(b)who does deal with that matter (whether by voting on a question concerning it or otherwise),is, subject to Subsection
  3.  guilty of misconduct in office.(3)Subsection (2) does not apply if the person concerned dealt in good faith with the matter—

 (a)under compulsion of law; or(b)in case of urgent necessity, if he—(i)has revealed his interest in accordance with Subsection (1); or(ii)does so reveal his action as soon as practicable; or(c)after he has revealed his interest in accordance with Subsection (1) and under authorization by the appropriate authority.
 In this section, "the appropriate authority" means—
 (a)in relation to the Prime Minister and each Minister-the National Executive Council; and
(b)in relation to each member of the Parliament (including the Prime Minister, a Minister, the Leader of the Opposition and the Deputy Leader of the Opposition)-the Parliament; an(c)in relation to the head of each provincial executive—the Provincial Assembly; and(d)in relation to each other person specified in Section 26 (application of Division 2) of the Constitution-the authority responsible for the appointment to office of that person.

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PORT MORESBY 121
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Papua New Guinea

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