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7.Company directorships, etc

  1. Subject to Subsection (2), a Minister—(a)who becomes or nominates a director of a company or a foreign enterprise; or(b)whose spouse or any of whose children under voting age becomes or nominates a director of a company or foreign enterprise,is guilty of misconduct in office.
  2. A Minister who fails to give priority to official business over personal business is guilty of misconduct in office.
  3. Subsection (1) does not apply to or in relation to—(a)an honorary directorship; or(b)a directorship held by the Minister as a nominee of Papua New Guinea in which Papua New Guinea has a fiscal interest where—
     (i)no direct or indirect financial benefit is received by the Minister as such a nominee; o(ii)any direct or indirect financial benefit received by the Minister as such a nominee is paid by him into the Consolidated Revenue Fund; or
     (c)a company at least one-half of the voting rights in which are beneficially held by the Minister or his spouse or any of his children under voting age and in respect of which citizens of Papua New Guinea have effective control; or
    (d)a Business Group incorporated under the Business Groups Incorporation Act (Chapter 144); or
    (e)an incorporated Land Group recognized under the Land Groups Act 1974.where the Minister has obtained the permission of the Ombudsman Commission.
  4. (4)Subsection (1) does not prevent a person who becomes a Minister, or the spouse or child of such a person, from continuing to act as a director of a company or a foreign enterprise for any period that is reasonably required to enable him to divest himself of the office, or from acting as a director during such period—
     (a)as is required by law; or(b)for the purpose of taking any steps that may be necessary to enable him to divest himself of that office.

8.Shareholders

  1. Subject to Subsections (3) and (4), a person to whom this Law applies—(a)who holds shares or any other investment in any company or unincorporated profit-seeking organization; or(b)whose spouse or any of whose children under voting age hold any such shares or other investment,
     that could reasonably be expected to place him in a position in which he could have a conflict of interests or might be compromised when discharging his public or official duties, is guilty of misconduct in office.
  2.  (2)Subject to Subsections (3) and (4), a person to whom this Law applies—(a)who holds shares or other investment in any foreign enterprise; or
    (b)whose spouse or any of whose children under voting age holds any such shares or other investment, is guilty of misconduct in office.
  3. Subsections (1) and (2) do not apply to a person who, prior to obtaining the shares or making the investment, has obtained the written approval of the Ombudsman Commission to do so.
  4. (4)Subsections (1) and (2) do not prevent a person who becomes a person to whom this Law applies, or the spouse or child of such a person, who—
     (a)at the time the person becomes such a person holds shares or other investment in any company or unincorporated profit-seeking organization; or
    (b)unexpectedly acquires shares or other investment in any company or unincorporated profit—seeking organization, from holding the shares or maintaining the investment for such period as is reasonably necessary to dispose of them.
  5. Subject to Subsection (4), the Ombudsman Commission may, from time to time, publish guidelines specifying the conditions and restrictions subject to which it may grant approvals under Subsection (3).

9.Engaging in other paid employment

  1. A person to whom this Law applies who after becoming such a person remains in, or engages in any paid employment other than his official employment, without obtaining the written approval of the Ombudsman Commission, is guilty of misconduct in office.
  2. The Ombudsman Commission shall not grant an approval under Subsection (1) where it is of the opinion that– 
     (a)the remaining in, or engaging in other paid employment may involve the person in significant potential conflict of interest; or
    (b)the obtaining of the paid employment involves or involved the use by that person of his official position.

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PORT MORESBY 121
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Papua New Guinea

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