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Leadership Code (Alternative Penalties) Act 1976

No. 79 of 1976.

Leadership Code (Alternative Penalties) Act 1976.
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INDEPENDENT STATE OF PAPUA NEW GUINEA.

No. 79 of 1976.

Leadership Code (Alternative Penalties) Act 1976.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

Leadership Code (Alternative Penalties) Act 1976,

Being an Act to implement Section 28(1A) (further provisions) of the Constitution and Section 27(5)(b) of the Organic Law on the Duties and Responsibilities of Leadership by providing for penalties, other than dismissal, for misconduct in office.

1. INTERPRETATION.

In this Act–

“the appropriate authority” has the same meaning as in Section 27(7) of the Organic Law;

“the Organic Law” means the Organic Law on the Duties and Responsibilities of Leadership;

“the tribunal”, in relation to a person found guilty of misconduct in office, means the tribunal referred to in Section 27 of the Organic Law, that found him guilty.

2. ALTERNATIVE PENALTIES.

The penalties that may be recommended and imposed under and for the purposes of Section 28(1A) of the Constitution and Section 27(5)(b) of the Organic Law are that the person found guilty of misconduct in office–

(a) be fined an amount fixed by the tribunal, not exceeding K1,000.00; or

(b) be ordered by the appropriate authority to enter into his own recognizance in a reasonable amount, not exceeding K500.00, fixed by the tribunal that he will comply with Division III.2 (Leadership Code) of the Constitution and with the Organic Law during a period fixed by the tribunal, not exceeding 12 months from the date of the announcement, under Section 27(6) of the Organic Law, of the decision of the tribunal; or

(c) be suspended, without pay, from office or position for a period not exceeding three months from the date of commencement of the suspension; or

(d) be reprimanded,

or if he is a public office-holder as that expression is defined in Section Sch.1.2(1) of the Constitution, that, as determined by the tribunal–

(e) he be reduced in salary; or

(f) if his conditions of employment are such as to allow of demotion–he be demoted.

Office of Legislative Counsel, PNG