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 PART III. - REGISTRATION OF POLITICAL PARTIES.

Division 1. - Registrar.

8. Registrar.

(1) There shall be a Registrar of Political Parties who shall be a suitably qualified person appointed by the Board.

(2) The Office of Registrar of Political Parties is hereby declared to be an office to and in relation to which Division III.2 (Leadership Code) of the Constitution applies.

(3) The Registrar shall:

    1. be appointed for a term of six years; and
    2. hold office in accordance with the determination of the Parliament under Section 216(4) (the Salaries and Remuneration Commission) of the Constitution; and
    3. be eligible for re-appointment.

9. Disqualifications from office.

    1. A person is not qualified to be, or to remain, the Registrar if he is: a member of the Parliament; or
    2. a member of a Provincial Government; or
    3. a member of a Local-level Government; or
    4. a member of a political party; or
    5. an undischarged bankrupt or insolvent; or
    6. of unsound mind within the meaning of any law relating to the protection of the person and property of persons of unsound mind; or
    7. under sentence of death or imprisonment.

10. Special conditions of employment.

(1) The Registrar shall not:

    1. actively engage in politics; or
    2. except on leave of absence granted by the Board, or because of illness, absent himself from duty for more than 14 consecutive days or more than 22 days in any period of 12 months; or
    3. subject to Subsection (3), acquire by way of gift or otherwise or use or hold in any other manner any interest in any property in Papua New Guinea or solicit, accept or receive any other benefit in addition to his terms and conditions of employment.

(2) Nothing in Subsection (1)(b), prevents the Registrar from holding office in a professional body in relation to which his qualifications are relevant.

(3) Subject to an Organic Law made for the purposes of Division III.2 (Leadership code) of the Constitution, the Registrar may purchase, lease or otherwise acquire land in the same manner as any other citizen.

11. Resignation.

The Registrar may resign by giving to the Board three months’ notice in writing of his intention to do so.

12. Retirement.

A person who has attained the age of 55 years shall not be appointed or re-appointed as the Registrar and a person shall not be appointed or re-appointed for a period that extends beyond the date on which he will attain the age of 55 years.

13. Vacation of office.

(1) Where the Registrar:

    1. becomes disqualified from holding office under Section 9; or breaches the special conditions of employment specified in Section 10; and
    2. resigns his office under Section 11,the Board shall terminate his appointment.

(2) The Board may, at any time, by written notice under the hand of the Chairman, advise the Registrar that it intends to terminate his appointment on the grounds of inefficiency, incapacity or misbehaviour.

(3) Within 14 days of a notice under Subsection (2), the Registrar may reply in writing to the Board who shall consider the reply and where appropriate may terminate the appointment.

(4) Where the Registrar does not reply in accordance with Subsection (3) his appointment is terminated.

14. Seal.

(1) The Registrar shall have and use as his seal of office a seal in such form as the Minister approves.

(2) In pursuance of his duties and functions under this Law, the Registrar may fix, or cause to be affixed, a facsimile of his signature which shall be deemed to be the signature of the Registrar.

(3) All courts, Judges and persons acting judicially shall take judicial notice of:

    1. a signature of any person who holds or has held the Office of Registrar and of the fact that that person holds or has held that office; and
    2. the seal of the Registrar.

15. Functions and duties of the Registrar.

The Registrar shall:

    1. administer the Secretariat; and
    2. be the Head of the staff of the Secretariat; and
    3. perform such functions and duties as are required by this Law or an Act of the Parliament.

Division 2. - The Register.

16. Register.

(1) The Registrar shall establish and maintain in the office of the Secretariat a Register of Political Parties.

(2) The Register shall be in such form and shall be kept in such manner as the Registrar determines.

(3) All matters required by this Law to be registered shall be effected by the Registrar.

17. Inspection.

The Register shall be available for inspection by any person, on payment of the prescribed fee, during such hours as the Office of the Registrar is open for business.

18. Certificates, etc.,

Subject to this Law, the Registrar may:

    1. issue copies of or extracts from entries in the Register certified under his hand and seal; and
    2. certify under his hand and seal that an entry, act, matter or thing required or authorized under this Law to be made or done, has or has not been made or done, as the case may be.

19. Register, etc., to be evidence.

(1) The Register is evidence of all matters required or authorized by this Law to be entered in it.

(2) A certified copy or extract issued by the Registrar under Section 18 is evidence in all courts and proceedings without further proof or production of the original.

(3) A certificate of the Registrar under Section 18 is evidence of the statements contained in the certificate.

20. Publication of list of political parties before national election.

(1) The Registrar shall, as soon as practicable after the date of issue of a writ for an election to the Parliament, publish in the National Gazette a list of all registered political parties.

(2) A list under Subsection (1) shall include the names of:

    1. the president; and
    2. the secretary; and
    3. the treasurer; and
    4. the Parliamentary Leader (if any); and
    5. the public officer,of each registered political party.

Division 3. - Registration Procedure.

21. Application for registration of a political party.

(1) An application for registration of a political party shall be made to the Registrar by the public officer of that political party.

(2) An application under Subsection (1):

    1. by a political party, required by this Law to be registered, in existence on the date of coming into operation of this Law - shall be made within six months of that date; and
    2. in any other case may be made as and when required.

(3) An application under Subsection (1) shall:

    1. be on the prescribed form; and
    2. be accompanied by the prescribed fee; and
    3. contain the following information relating to the political party:-

    •  the name of the political party;
    •  any abbreviation of the name or initials or acronym which the political party intends to use;
    •  the name of the public officer;
    •  the postal address and physical location of:

  1.  the main office where the secretariat is situated; and
  2. any branch offices and affiliates;

      •  the names, addresses and occupations of the members of its executive officers and of its executive or controlling body and of the officers accountable for or otherwise handling or managing its money or property;
      •  the names and addresses of persons authorized to receive contributions and commit expenditures on its behalf;
      • the names and addresses of persons authorized to commit the party and its branches to endorse and publicly support candidates at elections;
      •  the names of Members of the Parliament who are members;
      • the date of its incorporation;
      • such other related matters and particulars as the Board may require; and

d. be accompanied by the following in relation to the political party:-

      1.  a copy of the constitution of the political party;
      2. the certificate of incorporation issued under the Associations Incorporation Act (Chapter 142);
      3. statutory declarations by Members of the Parliament who are members of the political party (if any) to the effect that they are members and are not members of any other political party;
      4. a statutory declaration by the public officer to the effect that:

(A) no non-citizens are members of the political party; and

(B) no non-citizens are in the employ of the political party or have been engaged, whether for gain or otherwise, to assist in any way in its campaign or work;

v. a copy of the balance sheet and financial statements detailing assets and liabilities and income and sources of income;

vi.  a copy of the annual income tax return for the preceding year (if any) certified by the Internal Revenue Commission to be true and accurate.

22. Application to be advertised.

(1) As soon as practicable after an application is made to him under Section 21(1), the Registrar shall cause notice of the application to be published in:

    1. the National Gazette; and
    2. a newspaper published in and circulating generally in the country not less than once in each week.

(2) A notice under Subsection (1) shall:

    1. include the information referred to in Section 21(3)(c); and
    2. invite any person wishing to object to the application in accordance with this Division to lodge a written objection with the Registrar within one month of the date of publication of the notice under Subsection (1)(a) or (b), whichever is the earlier date; and
    3. specify the date for the consideration of the application by the Board, being a date not less than one month after the date of publication of a notice under Subsection (1)(a) or (b), whichever is the earlier date.

23. Grounds of objection.

(1) Objection to the grant of an application made under Section 21(1) may be taken on one or more of the following grounds:-

    1. that the application is not in accordance with this Law;
    2. that the information set out in the application, or that any document required to accompany the application, is incorrect;
    3. that the name of the political party is obscene or offensive;
    4. that the name of the political party so closely resembles the name of a registered political party or public body so as likely to be confused with or mistaken for that registered political party or public body.

(2) A statement of objection under Subsection (1) shall:

    1. contain the name and address of the person making the objection; and
    2. be signed by that person; and
    3. specify in detail the grounds of objection.

(3) The Registrar shall:

    1. send to the person making the application under Section 21(1) a copy of any objection lodged; and
    2. invite him to give a reply within such reasonable time as the Registrar allows.

24. Referral of application to Board.

Where an application has been lodged under Section 21 the Registrar shall:

    1. where all the requirements of Section 21 have been met, submit to the Board:

    1.  the application; and
    2. any objections under Section 23(1); and
    3. any reply to objections under Section 23(3); and

b.  where the requirements of Section 21 have not all been met:

    1.  require the applicant to furnish the missing requirements; and
    2. where that has been done, proceed as in Paragraph (a).

25. Consideration of application.

(1) Subject to Subsection (4), as soon as practicable after the expiry of the time for lodging objections under Section 22 to an application, the Board shall consider the application together with any objections to it and any replies by the applicant to the objections.

(2) Where the Board is of the opinion that:

    1. the application is complete; and
    2. the political party has the qualifications for registration specified in Section 7; and
    3. any objection to the application does not justify a refusal to register the political party,the Board shall approve the application and shall direct the Registrar to register the political party.

(3) Where the Board is of the opinion that:

    1. the application is not complete; or
    2. any of the matters, listed in Section 23(1) as grounds of objection to an application, exists in relation to the application; or
    3. the political party does not have the qualifications for registration specified in Section 7; or
    4. any objection to the application justifies a refusal to register the political party,

the Board shall refuse the application giving its reasons for the refusal in writing and shall notify the Registrar accordingly.

(4) The Board shall not consider any application under Section 21(1) during the period commencing on the date fixed, in accordance with a Constitutional law, for the issuing of writs for a general election and ending on the date fixed, in accordance with a Constitutional law, for the return of the writs for that general election.

26. Registration.

The Registrar shall effect registration of a political party on the direction of the Board under Section 25(2) by entering in the Register the prescribed particulars of the political party.

27. Notification of decision of Board.

(1) The Registrar shall, as soon as practicable after receiving from the Board a direction under Section 25(2) or a notification under Section 25(3), give written notification of the decision of the Board to the public officer of the political party and to any person who filed a notice of objection to the application.

(2) Where the Board has refused an application, the notification to the public officer under Subsection (1) shall include the reasons given in writing by the Board for its refusal.

Division 4. - Amendment of Register.

28. Amendment of Register.

(1) A public officer of a registered political party shall, within 30 days of any change in:

    1. the constitution of the political party; or
    2. the information supplied to the Registrar under Section 21(3),inform the Registrar of the change.

(2) Where any change referred to in Subsection (1) relates to a matter recorded in the Register, the Registrar shall amend the Register accordingly.

(3) The public officer of a registered political party may apply to the Board for:

    1. the amendment of any information recorded in the Register; or
    2. the replacement of any documents lodged with the Registrar,relating to that political party.

(4) An application under Subsection (3) shall be made in such manner and form as is approved by the Board.

(5) The Board shall consider an application under Subsection (3) and shall:

    1. where the application complies with this Law, agree to it; and
    2. where the application does not comply with this Law, refuse it,and advise the Registrar accordingly.

(6) The Registrar shall:

    1. notify the applicant of the decision of the Board under Subsection (5); and
    2. in the case of a decision under Subsection (5)(a), amend the Register accordingly.

Division 5. - Cancellation of Registration.

29. Grounds for cancellation of registration.

The Board may cancel the registration of a registered political party where:

    1. the party is convicted of an offence under this Law or any other law that carries a penalty of a fine of K1,000.00 or more and the party fails to pay the fine imposed on it within the time fixed by the court imposing the fine for payment of the fine; or
    2. the party or a member of the party is convicted of an offence under Section 66; or
    3. the party no longer meets the qualifications for registration referred to in Section 7; or
    4. the party without reasonable justification, fails to file financial returns, as required by this Law, for two consecutive years.

30. Notification of intention to cancel registration.

(1) Where the Board is of the opinion that grounds for cancellation of registration exist in relation to a registered political party it shall so advise the Registrar who shall give written notification to the public officer of that registered political party of the intention of the Board to cancel its registration.

(2) Notification under Subsection (1) shall:

    1. state the grounds for the proposed cancellation; and
    2. fix a period of not less than 21 days within which the political party may:

      1.  make representations to the Board as to why the registration should not be cancelled; or
      2. where the grounds are those specified in Section 29(c) or (d), takes steps to ensure compliance with this Law.

31. Board to consider cancellation, etc.,

(1) On the expiry of the period fixed under Section 30(2)(b), the Board shall:

    1. consider any representations made under Section 30(2)(b)(i) and any steps taken under Section 30(2)(b)(ii); and
    2. decide whether the registration of the political party is or is not to be cancelled; and
    3. advise the Registrar of its decision under Paragraph (b).

(2) On receipt of the advice under Subsection (1)(c), the Registrar shall:

    1. where the decision of the Board is that the registration of the political party is to be cancelled, cancel the registration; and
    2. notify the public officer of the political party of the decision of the Board under Subsection (1)(b) and, where the registration has been cancelled, of the cancellation; and
    3. where the registration has been cancelled:

      1.  give notification of the cancellation in the National Gazette; and
      2. give to the Ombudsman Commission the names of the executive officers of the political party at the date of cancellation of its registration; and
      3. give to:

(A) the Speaker; and

(B) the Ombudsman Commission,
the names of each member of the political party who was a Member of the Parliament at the date of cancellation of the registration of the political party.

32. Effect of cancellation on registration.

Where the registration of a political party is cancelled in accordance with this Division:

    1. an executive officer of that political party; or
    2. a member of that political party who is a Member of the Parliament,at the date of the cancellation shall not, for a period of four years commencing on that date:
    3. form a new political party; or
    4. join a political party formed after that date of cancellation.

33. Assets and liabilities, etc., of political party whose registration is cancelled.

(1) Where the registration of a political party is cancelled under this Division the Board may:

    1. withhold any funding due to the party as at the date of cancellation; and
    2. appoint a receiver to take charge of the property of the party and, for that purpose, obtain all books of account, documents, title deeds and other papers and documents (in hard copy or electronic format) relating to the assets and liabilities of the party.

(2) Any property or assets of the political party remaining after discharge of all liabilities shall be paid into the Central Fund.
Division 6. - Procedures relating to an Executive Officer of, or a Member of the Parliament who is a member of, a Political Party whose registration is cancelled.


34. Procedures relating to an executive officer of, or a member of the parliament who is a member of, a political party whose registration is cancelled.


(1) An executive officer of a political party at the date of the cancellation of its registration under Section 31(2)(a) who:

    1. was responsible, in full or in part, for the circumstances giving rise to the cancellation of its registration; or
    2. was privy to the circumstances giving rise to the cancellation of its registration, and took no steps or insufficient steps to remedy the situation,is guilty of misconduct in office.

(2) A Member of the Parliament who:

    1. was a member of a political party at the date of the cancellation of its registration under Section 31(2)(a); and
    2. was:

      1.  responsible, in full or in part, for the circumstances giving rise to the cancellation of its registration; or
      2.  was privy to the circumstances giving rise to the cancellation of its registration and took no steps or insufficient steps to remedy the situation, is guilty of misconduct in office.

(3) The Ombudsman Commission shall, on receipt of a notification:

    1. under Section 31(2)(c)(ii), investigate whether it is satisfied that any executive officer is guilty of misconduct in office under Subsection (1); and
    2. under Section 31(2)(c)(iii)(B), investigate whether it is satisfied that any Member of the Parliament is guilty of misconduct in office under Subsection (2), in relation to the cancellation of the registration of the political party.

35. Further procedure.

(1) Where, following investigation under Section 34(3), the Ombudsman Commission is satisfied that:

    1. an executive officer is guilty of misconduct in office under Section 34(1); or
    2. a Member of the Parliament is guilty of misconduct in office under Section 34(2), 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 34(3), the Ombudsman Commission is satisfied that an executive officer is not guilty of misconduct in office under Section 34(1), it shall so advise:

    1. the person concerned; and
    2. the Registrar.

(3) Where, following investigation under Section 34(3), the Ombudsman Commission is satisfied that a Member of the Parliament is not guilty of misconduct in office under Section 34(2), it shall so advise:

    1. the Member; and
    2. the Speaker; and
    3. the Registrar,and the Member shall retain his office as a Member of the Parliament and may:
    4. join another registered political party; or
    5. remain independent from any political party.

(4) 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 of the Parliament, the Member shall retain his office as a Member of the Parliament.

36. Status of Member after notification to Ombudsman Commission.

For the period commencing on the date on which the Registrar gives notification to the Ombudsman Commission under Section 31(2)(c)(iii)(B) of the name of a Member of the Parliament who was a member of a political party at the time of the cancellation of the registration of that political party and ending on:

    1. notification by the Ombudsman Commission to the Speaker under Section 35(3)(b); or
    2. the decision of a tribunal in accordance with Part V of the Organic Law on the Duties and Responsibilities of Leadership,the Member shall not become a member of another registered political party.

Division 7 - Dissolution of Registered Political Party.

37. Dissolution of registered political party.

(1) A registered political party may be dissolved where:

    1. a resolution for the dissolution of the party has been agreed to by:

(i) an absolute majority of the members of the party; and

(ii) at least 75% of the members of the party who are Members of the Parliament; and

     b.  all liabilities of the party have been discharged.  

(2) The public officer of a political party dissolved under Subsection (1) shall immediately:

    1. notify the Registrar of the dissolution; and
    2. supply the Registrar with:

      1.  particulars of the resolution under Subsection (1)(a); and
      2.  evidence of the discharge of the liabilities of the party.

(3) Where the Registrar is satisfied that the provisions of Subsection (1) have been complied with he shall:

    1. cancel the registration of the political party; and
    2. give notification in the National Gazette that the registration of the political party has been dissolved following its dissolution; and
    3. where any member of the political party is a Member of the Parliament, notify the Speaker.

(4) Any property or assets of the political party remaining after discharge of all liabilities shall be paid into the Central Fund.

38. Effect of dissolution of political party.

Where the registration of a political party is cancelled following dissolution of the party in accordance with this Division:

    1. an executive officer of that political party; or
    2. a member of that political party who is a Member of the Parliament, at the date of dissolution, may:
    3. remain independent from any political party; or
    4. join a political party in existence immediately prior to the date of dissolution, but shall not, for a period of four years commencing on that date:
    5. form a new political party; or
    6. join a political party formed after that date of dissolution.

Division 8. - Amalgamation of Registered Political Parties.

39. Amalgamation of registered political parties.

(1) Two or more registered political parties may amalgamate where:

    1. in the case of each party, a resolution for the amalgamation of the party with the other party or parties has been agreed to by:

(i) an absolute majority of the members of the party; and

(ii) at least 75% of the members of the party who are Members of the Parliament; and

     b.  all liabilities of each party have been:

(i) discharged; or

(ii) with the consent of the other party or parties to the amalgamation, transferred to become liabilities of the amalgamated party.

(2) The public officer of each registered political party proposing to amalgamate under Subsection (1) shall immediately:

    1. notify the Registrar of the proposed amalgamation; and
    2. supply the Registrar with:

(i) particulars of the resolution under Subsection (1)(a); and

(ii) evidence of the discharge or transfer of the liabilities of the party under Subsection (1)(b).

(3) The public officer of the amalgamated party shall:

    1. apply to the Registrar for registration of the amalgamated party; and
    2. supply to the Registrar such of the information relative to the amalgamated party as is required to be supplied under Section 21(3)(c) and (d) in respect of an application for registration of a political party.

(4) Where the Registrar is satisfied:

    1. that the provisions of Subsections (1), (2) and (3) have been complied with; and
    2. that the information supplied is acceptable, he shall proceed to deal with the application for registration of the amalgamated party in the manner required by Sections 22 to 27 inclusive in respect of an application for registration of a political party.

(5) For the purposes of this section, “amalgamated party” means the party formed as a result of the amalgamation.

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