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PART I. - PRELIMINARY.

1. Compliance with Constitutional requirements.

This Law, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely: 

    1. freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and
    2.  freedom of conscience, thought and religion conferred by Section 45 of the Constitution; and
    3.  freedom of expression conferred by Section 46 of the Constitution; and
    4.  freedom of assembly and association conferred by Section 47 of the Constitution; and
    5.  the right to privacy conferred by Section 49 of the Constitution,

is a law that is made for the purposes of giving effect to the public interest in public order and public welfare.

2. Interpretation.

In this Law, unless the contrary intention appears:

“Board” means the Board of Management of the Central Fund established by Section 40;

“candidate” means a person who has nominated or who nominates for election to the Parliament and includes a former candidate;

“Central Fund” means the Central Fund established by Section 54;

“constitution of a political party” means the document (by whatever name known) specifying the aims of the political party and the manner of governance of the political party;

“contribution” means the giving of:

    1.  money to the Central Fund or to the fund of a political party or to a candidate; or
    2.  assistance in kind, goods, services, gifts or other voluntary provisions to a political party; or
    3.  assistance in kind, goods, services, gifts or other voluntary provisions to a candidate as assistance towards campaign expenses, exceeding in value a prescribed amount and “contribute” and “contributor” have corresponding meanings;

“Electoral Commission” means the Electoral Commission continued in establishment by Section 5 of the Organic Law on National and Local-level Government Elections;

“Electoral Commissioner” means the Electoral Commissioner appointed under Section 5 of the Organic Law on National and Local-level Government Elections;

“endorsed candidate” means a candidate:

    1.  who was publicly supported by a political party as representing its views; and
    2.  who did not reject or refute such support at the time when it was given,and “endorse” has a corresponding meaning;

“executive officer”, in relation to a political party, means an executive officer referred to in Section 4;
“expenditure” or “electoral expenses” includes the value of gifts, goods and services provided without charge as contribution in respect of expenses and living and travelling costs incurred before, during or after an election by:

    1.  a political party or, with its permission, express or implied, on behalf of a political party; or
    2.  a candidate or, with his permission, express or implied, on behalf of a candidate,but does not include:
    3.  the value of hospitality (including meals, accommodation and transport) of a kind and to a degree recognized as hospitality in the country or in that part of the country in which the hospitality was given; or
    4.  in the case of a candidate, reasonable costs incurred by him personally for travel and for living away from home for the purposes of the election;“financial return” means:
    1.  in the case of a registered political party - a financial return under Section 67; and
    2.  in the case of a candidate - a financial return under Section 68;

“general election” means a general election to the Parliament held in accordance with Section 105 (general elections) of the Constitution;

“income”, in relation to a political party, means all income and receipts other than contributions;

“life of a Parliament” means the period commencing on the date of the first meeting of the Parliament following the return of the writs in a general election and ending on the day before the first meeting of the new Parliament following the next general election;

“member” means a member of a political party and includes an official of a political party;

“Member” means a Member of the Parliament;

“National Budget” means the National Budget required by Section 209 (Parliamentary responsibility) of the Constitution and includes appropriations, other legislation pertaining to the National Budget and supplementary or additional Budgets and appropriations and legislation pertaining thereto;

“non-citizen” means a person other than a Papua New Guinea citizen and includes a non-citizen corporation;

“non-citizen corporation” means a business enterprise or corporation or an organization, corporate or non-corporate, profit-making or non-profit-making:

    1.  originally incorporated, registered or formed in a foreign country; or
    2.  where it is originally incorporated, registered or formed in Papua New Guinea:
      1.  whose membership or controlling body is largely non-citizens; or
      2.  of which more than 25% of its equity or the balance of voting power or the management is in the control of non-citizens;

“political party” means an association, party or organization (by whatever name known) having political aims and includes its branches and affiliates;

“public funding”, in relation to a registered political party, means funds appropriated by the Parliament under Section 56;

“Register” means the Register of Political Parties established by Section 16;

“Registrar” means the Registrar appointed by Section 8;

“registered political party” means a political party registered under Section 26 or deemed to be registered under Section 6(3);

“Secretariat” means the Secretariat established by Section 50;

“this Law” includes the Regulations made under this Law.

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