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PART IV - PROHIBITED INTERESTS, ETC

24.Declaration of prohibited interests, etc

    1. The Ombudsman Commission may, by notice published in the National Gazette, declare in relation to—(a)a person; or(b)all persons; or(c)a class of persons, to whom this Law applies, and in relation to any associate of any such person or class of persons, the interests, benefits or property that such a person or class of persons is prohibited from seeking, obtaining or holding.
    2. Nothing in this Part derogates or affects in any way any other provision of this Act relating to the holding of any interest, benefit or property by a person to whom this Law applies or an associate of such a person.

 25.Seeking, etc., prohibited interest, etc

    1. Subject to this Part and to Subsection (2), a person to whom this Law applies who, or whose spouse or child under voting age, seeks, accepts, obtains or holds any prohibited interest, benefit or property is guilty of misconduct in office.
    2. Subsection (1) does not apply to a person who, prior to seeking, accepting or otherwise obtaining the interest, benefit or property, has obtained the written approval of the Ombudsman Commission to do so.

 26.Commission may order forfeiture, etc., of prohibited interest, etc

  1. Where after investigation by it or by any other authority, the Ombudsman Commission is satisfied that a person to whom this Law applies, or whose spouse or child under voting age, has obtained and holds any prohibited interest, benefit or property, the Commission may, in its deliberate judgement, instead of referring the matter to the Public Prosecutor for prosecution before the relevant tribunal and after giving the person concerned adequate opportunity of stating his case to the Commission, order that the whole or any part of the amount or value of the interest, benefit or property, as the case may be or the property acquired by him or any other person concerned—
     (a)be placed in trust with the Public Trustee for return to him or any other person concerned when he has ceased to be a person to whom this Law applies; or(b)be otherwise disposed of.
  2. (2)A person to whom this Law applies who, or whose spouse or child under voting age, fails or refuses to comply with an order of the Ombudsman Commission given under Subsection (1), is guilty of misconduct in office.
  3. An order under Subsection (1)—(a)may be made subject to such terms and conditions as the Ombudsman Commission, in its deliberate judgement, considers fit; and(b)shall, where the Ombudsman Commission, in its deliberate judgement, considers that any person would suffer substantial loss under the order, be made subject to the payment of just compensation.
  4. A person aggrieved by the failure to make or the amount of an award of compensation under Subsection (3)(b) may appeal to the National Court.

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Ombudsman Commission
Ground Floor, Deloitte Tower
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PO Box 1831
PORT MORESBY 121
National Capital District
Papua New Guinea

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