political parties decree

7/30/2019 POLITICAL PARTIES DECREE

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Vol. 14 TUESDAY, 15th JANUARY 2013 No. 8

PUBLISHED BY AUTHORITY OF THE FIJI GOVERNMENT

GOVERNMENT OF FIJI GAZETTE

EXTRAORDINARYEXTRAORDINARY

[56]

GOVERNMENT OF FIJI_____

POLITICAL PARTIES (REGISTRATION, CONDUCT, FUNDING AND DISCLOSURES) DECREE 2013

(DECREE NO. 4 OF 2013)_____

SECTIONS

PART 1PRELIMINARY

1. Sort title and commencement2. Interpretation

PART 2REGISTRATION AND REGULATION OF POLITICAL PARTIES

3. Registration of political parties

4. Existing political parties to register under tis Decree witin 28 days

5. Registeredvoterstobemembersandofceholdersetc.

6. Application for registration

7. No registration during elections

8. Parties wit certain names not to be registered

9. Procedure for dealing wit application

10. Registration

11. Canges to te Register

12. Contents of te constitution or rules of a political party

13. Mergers

14. Restrictionsonpublicofcersinapoliticalparty

15. Resignation from political party

16. Corporate status of political party and declaration of assets etc.

17. Records of political party

18. Duty of political party to inform Registrar

19. Deregistration of a political party

20. Effect of deregistration

PART 3FUNDING AND ACCOUNTS OF POLITICAL PARTIES AND CANDIDATES

21. Sources of funds for a political party and independent candidate

22. Offences related to sources of funds

23. Publising sources of funds

24. Applicants,ofceholdersofpoliticalpartiesandindependentcandidatestoParliamenttodeclare

assets and liabilities

25. Declaration of assets, liabilities and expenditure in relation to elections

26. Audit of political parties accounts

PART 4GENERAL PROVISIONS

27. Offences

28. Winding up political party


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29. Regulations

30. Appeals against te decision of te Registrar

31. Repeal

FIRST SChEDULECODE OF CONDUCT FOR POLITICAL PARTIES

SECOND SChEDULECONTENTS OF ThE CONSTITUTION OR RULES OF A POLITICALPARTY

ThIRD SChEDULEMAP OF ALL ThE FOUR DIVISIONS OF FIJI_____

IN exercise of te powers vested in me as te President of te Republic of Fiji and te Commander in Cief of

te Republic of Fiji Military Forces by virtue of te Executive Autority of Fiji Decree 2009, I ereby make te

following Decree

PART 1PRELIMINARY

Short title and commencement

1. Tis Decree may be cited as te Political Parties (Registration, Conduct, Funding and Disclosures) Decree

2013 and sall come into force on 18t January, 2013.

Interpretation

2. In tis Decree, unless te context oterwise requires

applicant or applicants means tose members of a proposed political party wo apply to be registered

as a political party in accordance wit te provisions of tis Decree;

branc means any devolved unit of a political party;

Division or Divisions means te Central Division, Western Division, Nortern Division and Eastern

Division of Fiji as described in te Tird Scedule;

election means te act of selecting by vote, of a person or persons from among a number of candidates to

llanofceortomembershipofanypoliticalparty;

existing political party means any political party existing or registered prior to te commencement of tisDecree;

nancialyearmeanstheperiodfromthe1st dayofJanuaryto the31stdayofDecember,bothdays

inclusive;

independent candidate means any person wo stands as an independent candidate and wo is not nominated

or supported by a political party registered under tis Decree;

member means a natural person;

mergermeanswheretwoormorepoliticalpartiesconsolidatetheiroperationsandcombineallofcers,

structure, and oter functions of te political parties;

Minister means te Minister responsible for Elections;

ofceholderinrelationtoapoliticalpartymeansanypersonwhoiselectedorappointedbythemembers

ofthepoliticalpartytoholdofceinthatpoliticalparty,andshallincludethepresident,vice-president,

treasurer,secretaryandtheregisteredofcerofthepoliticalparty;

political party means an association of persons or an organisation, te object or activity, or one of te

objects or activities of wic, is te promotion of te election to Parliament of a candidate or candidates

endorsed by it;

proposed political party means te association of persons or an organisation tat applies for or as applied

for registration as a political party under tis Decree;

Register means te Register of Political Parties establised under tis Decree; and

Registrar sall mean te Permanent Secretary responsible for Elections.


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PART 2REGISTRATION AND REGULATION OF POLITICAL PARTIES

Registration of political parties

3.(1) An association of persons or an organisation sall not operate, function, represent or old itself out to be

a political party unless it as been registered as a political party in accordance wit te provisions of tis Decree.

(2) If any association of persons or an organisation operate, function, represent or old itself out to be a politicalparty witout being registered in accordance wit te provisions of tis Decree, ten any person wo is a member

oforholdsofceinanysuchassociationororganisationcommitsanoffenceandshallbeliableuponconvictionto

anenotexceeding$50,000ortoatermofimprisonmentnotexceeding5yearsortoboth.

(3) Te Registrar sall not register an association of persons or an organisation as a political party if suc

association or organisation does not comply wit te provisions of tis Decree.

(4) Te Registrar sall establis and maintain a Register, to be known as te Register of Political Parties,

containing a list of political parties tat are registered under tis Decree and suc oter particulars of suc political

parties as are required to be contained under tis Decree.

Existing political parties to register under this Decree within 28 days

4.(1) An existing political party sall continue to operate as a political party for a period of 28 days fromte date of te commencement of tis Decree.

(2) Were an existing political party seeks to continue to operate as a political party after te expiry of te

period mentioned in subsection (1), ten it must apply to register as a political party in accordance wit te provisions

of tis Decree witin 28 days from te date of te commencement of tis Decree.

(3) If an existing political party applies to register as a political party in accordance wit te provisions of

tis Decree witin 28 days from te date of te commencement of tis Decree, ten it sall, from te date wen te

application is received by te Registrar, be deemed to be a proposed political party and it must not operate or function

as a political party after te expiry of 28 days from te date of commencement of tis Decree until suc time wen

it is registered under tis Decree, provided owever tat if te Registrar makes a determination under section 10(2)

tat te application by an existing political party to register as a political party sould be refused, ten te Registrarsall wind up any suc existing political party in accordance wit tis Decree and any outstanding net assets of tat

existing political party sall vest in te State.

(4) If an existing political party does not apply to register in accordance wit te provisions of tis Decree

witin 28 days from te date of te commencement of tis Decree, ten it sall be deemed to be deregistered upon

te expiry of 28 days from te date of te commencement of tis Decree and te Registrar sall wind up any suc

existing political party in accordance wit tis Decree and any outstanding net assets of tat existing political party

sall vest in te State.

(5) If any existing political party, witout being registered as a political party in accordance wit tis Decree,

continues to operate or function as a political party after te expiry of 28 days from te date of te commencement

ofthisDecree,thentheofceholdersofthatexistingpoliticalpartycommitanoffenceandshallbeliableuponconvictiontoanenotexceeding$50,000ortoatermofimprisonmentnotexceeding5yearsortoboth.

Registered voters to be members and ofce holders etc.

5.(1) Only tose persons wo are registered as a voter under te Electoral (Registration of Voters) Decree

2012 may

(a) contest for an elective position in a proposed political party or in any political party registered under

tis Decree;

(b) be an applicant for registration of a proposed political party;

(c) be a member of a proposed political party or of any political party registered under tis Decree; or

(d) be an ofce holder in a proposed political party or in any political party registered under this

Decree.


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(2) Apersonisdisqualiedfrombeinganapplicantoramemberofaproposedpoliticalpartyifthatperson

as, in te 5 years preceding te date of te application for registration

(a) been declared an undiscarged bankrupt; or

(b) been convicted of an offence and sentenced to imprisonment for a period of not less tan 6 monts.

(3) ApersonisdisqualiedfrombeinganofceholderofapoliticalpartythatisregisteredunderthisDecreeifthatpersonhas,inthe5yearsprecedingthedatewhenheorsheappliestobecomeanofceholderofthepolitical

party

(a) been declared an undiscarged bankrupt; or

(b) been convicted of an offence and sentenced to imprisonment for a period of not less tan 6 monts.

Application for registration

6.(1) An association of persons or an organisation applying to be registered as a political party sall apply

to te Registrar for registration.

(2) An application for registration of a proposed political party sall be in writing and be signed by at least 5

applicants, all of wom must be members of te proposed political party.

(3) An application for registration sall

(a) set out te name of te proposed political party in te Englis language;

(b) set out te symbol of te proposed political party;

(c) if te proposed political party wises to use an abbreviation or acronym of its name, set out tat

abbreviation or acronym;

(d) be accompanied by a copy of te constitution of te proposed political party wic sall comply wit

te provisions of tis Decree;

(e) setoutthenames,voteridenticationcardnumbersandaddressesofalltheapplicantswhohave

signed te application, and te particulars of te capacity in wic eac applicant is making teapplication;

(f) include an undertaking by all te applicants wo ave signed te application, to be bound by tis

Decree and te Code of Conduct set out in te First Scedule;

(g) setoutthenames,voteridenticationcardnumbersandaddressesoftheofceholdersoftheproposed

political party;

(h) set out the name of the registered ofcer of the proposed political party, whomust also be an

applicant;

(i) beaccompaniedbya schedulesettingoutthenames,addresses,signaturesandvoteridentication

card numbers of at least 5,000 members of te proposed political party from all te four Divisions

wit a minimum number of members from eac Division as follows

(i) Central Division2,000 members;

(ii) Western Division1,750 members;

(iii) Nortern Division1,000 members;

(iv) Eastern Division250 members;

(j) setoutthelocationofitsheadofce,whichshallbearegisteredofcewithinFijiandapostaladdress

to wic notices and oter communication may be sent, as well as set out te location and addresses

ofthebranchofcesoftheproposedpoliticalparty,whichshallbeinalltheDivisionsofFiji;and

(k) beaccompaniedbyafeeof$5005.00.


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(4) Upon receipt of an application for registration under subsection (2), te Registrar sall deal wit te

application in accordance wit tis Decree and determine weter te proposed political party can be registered.

No registration during elections

7. No political party sall be registered during te period commencing on te day of te issue of te writ for

Parliamentary election and ending on te day on wic te writ is returned.

Parties with certain names not to be registered

8. Te Registrar sall refuse an application for te registration of a proposed political party if

(a) te name of te proposed political party comprises of more tan 5 words;

(b) te name of te proposed political party, te abbreviation or acronym of te name or te symbol is

obscene or offensive;

(c) te name of te proposed political party, te abbreviation or acronym of te name or te symbol is te

name, or is an abbreviation or acronym of te name, or is te symbol, of anoter political party tat is

registered under tis Decree or tat as applied for registration under tis Decree and te application

as been received by te Registrar and as not yet been refused by te Registrar;

(d) te name of te proposed political party, te abbreviation or acronym of te name or te symbol sonearly resembles te name, or an abbreviation or acronym of te name, or te symbol of anoter

political party tat is registered under tis Decree or tat as applied for registration under tis Decree

and te application as been received by te Registrar and as not yet been refused by te Registrar,

tat it is likely to be confused wit or mistaken for tat name, or an abbreviation or acronym of te

name, or te symbol, as te case may be;

(e) te name of te proposed political party comprises of te word Independent;

(f) te name of te proposed political party is not in te Englis language; or

(g) theabbreviationoracronymofthenameoftheproposedpoliticalpartydoesnotreecttheactual

name of te proposed political party.

Procedure for dealing with application

9.(1) Were an application for registration is lodged wit te Registrar, te Registrar sall witin 14 days

after te application is lodged, publis in te Gazette and in te media, a notice of te application.

(2) A notice under subsection (1) in relation to an application sall

(a) setouttheparticularsspeciedintheapplicationinaccordancewithsection6(3)ofthisDecree;

and

(b) invite any person wo believes tat te application

(i) is not in accordance wit section 6 of tis Decree; or

(ii) sould be refused under section 8 of tis Decree,

to submit written particulars of te grounds for tat belief to te Registrar witin 7 days after te date of te

publication of te notice in te Gazette and in te media.

(3) Particulars submitted by a person under subsection (2)(b) sall be signed by, and specify an address of,

tat person.

(4) Particulars submitted under subsection (2)(b)shall,assoonaspracticable,bemadeavailableattheofce

of te Registrar in Suva for inspection by members of te public.

(5) Were any particulars are submitted to te Registrar under subsection (2)(b), te Registrar sall give a

copy of all of te particulars submitted under subsection (2)(b)tothepersonwhoistobetheregisteredofcerofthe

proposedpoliticalpartyconcerned,andatthesametime,givetotheregisteredofceranoticeinvitingtheproposed

political party to submit a reply to te particulars to te Registrar witin 7 days.

(6) Areplysubmittedundersubsection(5)shall,assoonaspracticable,bemadeavailableattheofceofthe

Registrar in Suva for inspection by members of te public.


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(7) Te Registrar sall not register a political party unless

(a) te Registrar as publised notice of te application for registration in accordance wit tis section;

(b) a period of at least 7 days as elapsed after te date of publication of notice of te application in te

Gazette and in te media;

(c) were particulars ave been submitted under subsection (2)(b) eiter

(i) te period of 7 days under subsection (5) as expired; or

(ii) a reply to te particulars as been received; and

(d) te Registrar as considered tose particulars (if any) and any reply to te particulars.

Registration

10.(1) Were te Registrar determines tat a proposed political party, an application for te registration of

wic as been made, sould be registered, e or se sall

(a) register te political party by entering in te Register

(i) te name of te political party;

(ii) te symbol of te political party;

(iii) if an abbreviation or acronym of te name of te political party was set out in te application,

tat abbreviation or acronym; and

(iv) thenameandaddressofthepersonwhohasbeennominatedastheregisteredofcerofthe

political party for te purposes of te Decree;

(b) give written notice to te applicant or applicants tat e or se as registered te political party;

(c) if any person or persons submitted particulars in response to te invitation referred to in section 9(2)

of tis Decree in relation to te application, give written notice to tat person or tose persons tat e

orshehasregisteredthepoliticalparty,andmay,ifheorshethinkst,setoutinthenoticetoeachperson te reasons for rejecting te particulars wic were so submitted by te person; and

(d) publis in te Gazette and in te media, a notice of te registration of te political party.

(2) Were te Registrar determines tat an application for te registration of a proposed political party sould

be refused, e or se sall give te applicant or applicants written notice tat e or se as refused te application,

and sall set out te reasons for so refusing.

Changes to the Register

11.(1) Were a political party is registered under tis Decree, an application may be made to te Registrar

to cange te Register by

(a) changingthenameofthepoliticalpartytoanamespeciedintheapplication;

(b) changingthesymbolofthepoliticalpartytoasymbolspeciedintheapplication;

(c) if an abbreviation of te name of te political party is entered in te Register, canging tat abbreviation

toanabbreviationspeciedintheapplication;

(d) if an abbreviation of te name of te political party is not entered in te Register, entering in te

Registeranabbreviationofthenameofthepoliticalparty,beinganabbreviationspeciedinthe

application; or

(e) substitutingforthenameoftheregisteredofcerenteredintheRegisterthenameofapersonspecied

in te application.

(2) An application under subsection (1)

(a) shallbeinwritingandsignedbyamajorityoftheofceholdersofthepoliticalparty;and

(b) inthecaseofanapplicationtosubstitutethenameofapersonasthenameoftheregisteredofcer

ofapoliticalparty,shallbesignedbythatpersonandamajorityoftheofceholdersofthepolitical

party.


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(3) Upon receipt of an application under subsection (1), te Registrar sall deal wit te application in accordance

wit tis Decree and determine weter te cange requested in te application sould be made.

(4) Were te Registrar determines tat an application under subsection (1) sould be granted, e or se

sall

(a) cange te Register accordingly;

(b) give te applicant or applicants written notice tat e or se as made te cange;

(c) publis in te Gazette and in te media, a notice of te cange.

(5) Were te Registrar determines tat an application under subsection (1) sould be refused e or se sall

give te applicant or applicants written notice tat e or se as so determined, and sall set out te reasons for tat

determination.

Contents of the constitution or rules of a political party

12.(1) Theconstitutionorrulesofeverypoliticalpartyshallprovideforallthemattersspeciedinthe

Second Scedule to tis Decree.

(2) Te Registrar may, by notice in writing, require a political party to amend its name, constitution or rules tocomply wit tis Decree or any oter written law.

(3) Thenoticereferredtoinsubsection(2)shallspecifytheareasofnon-compliance,thenatureoftheamendment

and te reason for suc amendment.

(4) If a political party does not comply wit a notice issued under subsection (2), tat political party sall be

deregistered.

Mergers

13.(1) A political party may merge wit anoter political party if te merger is in accordance wit te

constitution, rules and procedures of te political parties.

(2) Thedecisiontomergeshallbeinwritingandshallbedulyexecutedbytheregisteredofcerofeachofte political parties.

(3) Theofceholdersofeachpoliticalpartythatintendstomergeundersubsection(1)shall

(a) determine te constitution, rules, regulations and te principles wic sall form te basis of te

merger and te registration of te new political party; and

(b) sign te merger agreement and te particulars for te new political party to be registered under tis

Decree.

(4) Te merger agreement signed under subsection (3)(b) sall be deposited wit te Registrar witin 21 days

of te signing of te agreement.

(5) Te political parties wic ave merged into a new political party under tis section sall be deemed toave been dissolved upon registration of te new political party.

(6) Were a political party merges wit anoter political party, a member of te political party tat as merged

wit anoter political party wo is a member of Parliament, and wo does not desire to be a member of te political

party formed after te merger sall continue to serve as a member of Parliament, and may join anoter political party

or coose to be an independent member for te remainder of te term of te member.

Restrictions on public ofcers in a political party

14.(1) Apublicofcershallnot

(a) be eligible to be an applicant or a member of a proposed political party or a political party registered

under tis Decree;

(b) be eligible to hold ofce in a proposed political party or a political party registered under this

Decree;

(c) engage in political activity tat may compromise or be seen to compromise te political neutrality of

thatpersonsofce;or


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(d) publicly indicate support for or opposition to any proposed political party or a political party registered

under tis Decree or candidate in an election.

(2) Forthepurposesofthissection,publicofcermeansanyperson

(a) holdinganyofcein,orasamemberof,astatutoryauthority,acommission,oraboardestablished

by or continued in existence by any written law;(b) holdinganofceofajudge,amagistrateoranofceofanycourtortribunalestablishedbywritten

law;

(c) holdinganyofceinthepublicservice,theFijiPoliceForce,FijiCorrectionsServicesortheRepublic

of Fiji Military Forces; or

(d) whoisanelectedorappointedofcerofatradeunionregisteredundertheEmploymentRelations

Promulgation2007,orofanyfederation,congress,councilorafliationoftradeunions,orofany

federation,congress,councilorafliationofemployers.

(3) Notwithstandinganythingcontainedinsubsection(2),forthepurposesofthissection,publicofcerdoes

not include te President, te Prime Minister, a Minister, te Leader of te Opposition or a Member of Parliament.

(4) Anypublicofcerwhointendstobeanapplicantoramemberof,orholdofcein,aproposedpolitical

partyorapoliticalpartyregisteredunderthisDecree,mustresignfromtherespectivepublicofcepriortoapplying

tobecomeanapplicantoramemberof,orholdofcein,aproposedpoliticalpartyorapoliticalpartyregistered

under tis Decree.

(5) Apublicofcerisdeemedtohavevacatedhisorherofcementionedinsubsection(2)immediatelybefore

thetimeatwhichheorsheappliestobecomeanapplicantoramemberof,orholdofcein,aproposedpolitical

party or a political party registered under tis Decree.

(6) Apersondisqualiedfromholdingpublicofceunderanywrittenlawisnoteligibletobeanapplicant,a

memberoranofceholderofaproposedpoliticalpartyorapoliticalpartyregisteredunderthisDecree.

Resignation from political party15.(1) A member of a political party wo intends to resign from te political party sall give a written notice

prior to is or er resignation to

(a) te political party; and

(b) te Registrar.

(2) Te resignation of te member of te political party sall take effect upon receipt of suc notice by te

Registrar.

(3) Apersonshallnotbeamemberoranofceholderofmorethanoneproposedpoliticalpartyorpolitical

party registered under tis Decree at te same time.

(4) Anypersonwhoappliestobecomeorbecomesamemberoranofceholderofmorethanoneproposedpolitical party or political party registered under tis Decree, commits an offence and sall be liable upon conviction

toanenotexceeding$10,000ortoimprisonmentforatermnotexceeding5yearsortoboth.

(5) A member of a political party may only be expelled from tat political party if te member as infringed te

constitution of te political party and after te member as been afforded a fair opportunity to be eard in accordance

wit te internal party disputes resolution mecanisms as prescribed in te constitution of te political party.

Corporate status of political party and declaration of assets etc.

16.(1) A political party wic as been registered under tis Decree sall be a body corporate wit perpetual

succession and ave a common seal and sall be capable, in its own name of

(a) acquiring and disposing of property;

(b) suing and being sued; and

(c) doing or performing all suc acts and tings as a body corporate may by law do or perform.


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(2) A political party sall, witin 30 days after being registered, submit to te Registrar a written declaration

giving details of all assets and expenditure including, all contributions, donations or pledges of contributions or

donations, weter in cas or in kind, made or to be made to te initial assets of te political party.

(3) A declaration submitted to te Registrar under subsection (2) sall

(a) state te sources of all funds and oter assets of te political party;

(b) contain suc oter relevant particulars as te Registrar may prescribe; and

(c) besupportedbyastatutorydeclarationmadebytheregisteredofcerofthepoliticalparty.

(4) Te Registrar sall, witin 14 days after te receipt of te declaration required under subsection (2), cause

te declaration to be publised in te Gazette and in te media, and te costs of any suc publication sall be paid

by or recovered from te political party.

(5) Notwitstanding any oter penalty prescribed by tis Decree or any oter written law, te Registrar sall

deregister a political party in accordance wit section 19, wic

(a) fails to comply wit tis section; or

(b) submits a declaration wic is false in any material particulars.

Records of political party

17.(1) Apoliticalpartyshallmaintainatitsheadofceandateachofitsdistrictordivisionalofceinthe

approved form, an accurate and autentic record of

(a) a register of its members in a form prescribed in te Second Scedule;

(b) a copy of te constitution of te political party;

(c) a copy of te policies and plans of te political party;

(d) particulars of any contribution, donation or pledge of a contribution or donation, weter in cas or

in kind, made by te founding members of te political party;

(e) estimates of te expenditure of te political party in accordance wit te laws relating to publicnancemanagement;

(f) particulars of any property tat belongs to te political party and te time and mode of acquisition of

te property;

(g) te latest audited books of accounts of te political party wic sall be in accordance wit te

principles of accounting aving regard to te purpose of tis Decree, sowing

(i) te sources of te funds of te political party and names, addresses and suc oter contact

details as te Registrar may require of any persons wo ave contributed tereto;

(ii) membersip dues paid;

(iii) donations in cas or in kind;(iv) indirect contributions to te party and all receipts and disbursements, including income and

expenditure transactions of te political party;

(v) allthenancialtransactionsandrecordsofassetsandliabilitiesofthepoliticalparty;and

(h) suc oter relevant particulars as te Registrar may direct.

(2) A person, wo interferes wit, damages or destroys te records of a registered political party commits

anoffenceandshallbeliableuponconvictiontoanenotexceeding$10,000ortoimprisonmentforatermnot

exceeding 5 years or to bot.

(3) Any person may, during working ours and on payment of te prescribed fee, inspect and obtain copies of

therecordsofapoliticalpartymaintainedatitsheadofceordistrictordivisionalofce.(4) IfapoliticalpartyregisteredunderthisDecreefailstocomplywithsubsection(1),thentheofceholders

ofthatpoliticalpartycommitanoffenceandshallbeliableuponconvictiontoanenotexceeding$10,000orto

imprisonment for a term not exceeding 5 years or to bot.


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Duty of political party to inform Registrar

18.(1) TheRegistrarmayissueawrittennoticetotheregisteredofcerofapoliticalpartytofurnishfor

inspection by te Registrar, te records required to be maintained under section 17, or suc oter information as is

reasonably required by te Registrar to ensure compliance wit te provisions of tis Decree.

(2) Te Registrar may make copies of or take extracts from any records or oter information furnised to te

Registrar under tis section.

(3) TheregisteredofcerofapoliticalpartyshallcomplywithanoticeissuedbytheRegistrarundersubsection

(1).

(4) Iftheregisteredofcerofapoliticalpartyfailstocomplywiththissection,heorshecommitsanoffence

andshallbeliableuponconvictiontoanenotexceeding$10,000ortoimprisonmentforatermnotexceeding5

years or to bot.

Deregistration of a political party

19.(1) Te Registrar may deregister a political party if te political party

(a) as contravened te provisions of tis Decree;

(b) does not promote free and fair nomination of candidates;

(c) does not adere to any written law relating to te nomination of candidates;

(d) obtained its registration in a fraudulent manner; or

(e) as instigated or participated in te commission of an offence under tis Decree.

(2) Te Registrar sall, before deregistering a political party

(a) inform te political party, in writing, of te particulars of te breac or contravention;

(b) inform te political party, in writing, of te intention to deregister te political party;and

(c) direct te political party to remedy te breac or contravention witin 60 days or oterwise sow

cause wy te party sould not be deregistered.

(3) Te Registrar may suspend te registration of a political party to enable tat political party to remedy te

breachspeciedinthenoticeissuedbytheRegistrarundersubsection(2).

(4) A political party tat as been suspended under subsection (3) sall not be entitled to any of te rigts and

privilegesspeciedunderthisDecree.

(5) Te Registrar sall deregister a political party wic as not remedied te breac or contravention or

complied wit te Decree as required by te Registrar under subsection (2).

(6) Te Registrar sall deregister a political party wic as been declared to be a proibited organisation under

te provisions of any written law.

(7) Te Registrar sall deregister a political party if te majority of te members of te political party apply tote Registrar for voluntary deregistration of te political party.

(8) If a political party is deregistered by te Registrar under tis section, te Registrar sall publis a notice of

te deregistration in te Gazette and in te media.

Effect of deregistration

20.(1) Were a political party is deregistered under tis Decree, no person sall

(a) summonameetingofmembersorofcersofthepoliticalpartyotherthanforthepurposesofwinding

up te political party or for te purposes of callenging te deregistration of te political party;

(b) attend ormakeaperson attend ameeting inthe capacityofa member orofcer ofthepolitical

party;

(c) publis a notice or advertisement relating to a meeting of te political party except for te purposes of

a meeting under paragrap (a);

(d) invite persons to support te political party;


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(e) makeacontributionorloantofundsheldortobeheldbyorforthebenetofthepoliticalpartyor

accept a contribution or loan; or

(f) give a guarantee in respect of suc funds.

(2) Were a political party tat as been deregistered under section 19 ad representatives elected to Parliament,

suc representatives sall continue to serve for te remainder of teir term as independents or as members of oterpolitical parties.

(3) Notwitstanding subsection (2), were te deregistration of a political party is occasioned by a wilful act

or wilful omission of a person wo is a member of Parliament, tat person sall be deemed to ave vacated is or

er position as a member of Parliament.

PART 3FUNDING AND ACCOUNTS OF POLITICAL PARTIES AND CANDIDATES

Sources of funds for a political party and independent candidate

21.(1) Te sources of funds for a political party sall only be from

(a) membersip fees;

(b) voluntary contributions, donations, bequests and grants from a lawful source, not being from a foreigngovernment,inter-governmentalornon-governmentalorganisation;and

(c) te proceeds of any investment, project or undertaking in wic te political party as an interest.

(2) Te sources of funds for an independent candidate sall only be from

(a) voluntary contributions, donations, bequests and grants from a lawful source, not being from a foreign

government,inter-governmentalornon-governmentalorganisation;and

(b) te proceeds of any investment, project, or undertaking in wic te independent candidate as an

interest.

(3) A political party and an independent candidate for election to Parliament sall disclose to te Registrar full

particulars of all funds or oter resources obtained by it from any source.

(4) AnofcialofapoliticalpartyorotherpersonrequiredtodisclosetotheRegistrar,onbehalfofapolitical

party, te funds or oter resources of tat political party, wo fails to disclose, or gives false information in relation

to te funds or resources obtained by te political party, commits an offence and sall be liable upon conviction to

aneequaltotheamountorthevalueoftheresourcesnotdisclosedorinrelationtowhichfalseinformationwas

given, or to imprisonment for a term not exceeding 5 years or to bot.

(5) An independent candidate for election to Parliament wo fails to disclose, or gives false information in

relation to te funds or resources obtained in subsection (2), commits an offence and sall be liable upon conviction

toaneequaltotheamountorthevalueoftheresourcesnotdisclosedorinrelationtowhichfalseinformationwas

given, or to imprisonment for a term not exceeding 5 years or to bot.

Offences related to sources of funds

22.(1) A political party or an independent candidate for election to Parliament wo receives funds from a

foreigngovernment,inter-governmentalornon-governmentalorganisationcontrarytosection19commitsanoffence

andshallbeliableuponconvictiontoanenotexceeding$10,000ortoimprisonmentforatermnotexceeding5

years or to bot.

(2) Subject to subsection (5), no person sall, in any one year, contribute to a political party or to an independent

candidateforelectiontoParliamentanamountexceeding$10,000incash.

(3) Apersonwhocontravenessubsection(2)commitsanoffenceandshallbeliableuponconvictiontoane

notexceeding$10,000ortoimprisonmentforatermnotexceeding5yearsortoboth.

(4) A political party or an independent candidate for election to Parliament wo receives an amount exceedingtheamountspeciedinsubsection(2)commitsanoffenceandshallbeliableuponconvictiontoanenotexceeding

$10,000ortoimprisonmentforatermnotexceeding5yearsortoboth,andinadditiontothepenaltyimposedby

tis Decree, forfeit tat amount to te State.


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(5) Subsection (2) sall not apply to any contribution or donation made by any founding member of te

politicalpartyashisorhercontributiontotheinitialassetsofthepartywithintherstyearofitsexistence.

(6) It sall be unlawful for any

(a) political party;

(b) ofceholderofapoliticalparty;

(c) candidate for election to Parliament (including an independent candidate); or

(d) agent, campaigner or servant of a political party or candidate for election to Parliament (including an

independent candidate),

to accept any political donation or any contribution unless te political donation or contribution is from an

individual.

(7) It sall be unlawful for any

(a) political party;

(b) ofceholderofapoliticalparty;

(c) candidate for election to Parliament (including an independent candidate); or

(d) agent, campaigner or servant of a political party or candidate for election to Parliament (including an

independent candidate),

to accept any political donation or any contribution from a company, a body corporate or any oter entity.

(8) It sall be unlawful for any company, body corporate or any oter entity to make any political donation or

any contribution to

(a) apolitical party;

(b) anyofceholderofapoliticalparty;

(c) any candidate for election to Parliament (including an independent candidate); or

(d) any agent, campaigner or servant of a political party or candidate for election to Parliament (including

an independent candidate).

(9) It sall be unlawful for any company, body corporate or any oter entity to make any payment or contribution

to any individual for te purpose of tat individual making a political donation or a contribution to

(a) apolitical party;

(b) anyofceholderofapoliticalparty;

(c) any candidate for election to Parliament (including an independent candidate); or

(d) any agent, campaigner or servant of a political party or candidate for election to Parliament (including

an independent candidate).

(10) It sall be unlawful for a company, a body corporate or any oter entity to make, and for any political

party or candidate for election to Parliament (including an independent candidate) to accept from a company, a body

corporate or any oter entity, any of te following contributions to a political party or a candidate for election to

Parliament (including an independent candidate)

(a) theprovisionof accommodation (includingofceaccommodation),vehicles, computersor other

equipment for no consideration or inadequate consideration for use solely or substantially for election

campaign purposes;

(b) te full or part payment of expenditure for advertising by a political party or a candidate for election

to Parliament (including an independent candidate);

(c) te waiving of all or any part of payment of expenditure for advertising by a political party or candidate

for election to Parliament (including an independent candidate);

(d) any oter goods or services of a kind proibited by Regulations.


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(11) For te purposes of tis section, political donation includes donations of money, and provision of goods

and services at no carge or at a discounted carge.

(12) Any person wo contravenes subsections (6), (7), (8), (9) and (10) commits an offence and sall be liable

uponconvictiontoanenotexceeding$10,000ortoimprisonmentforatermnotexceeding5yearsortoboth.

Publishing sources of funds23.(1)Apoliticalpartyshall,within30daysoftheendofitsnancialyear,providetotheRegistrarthe

following information in writing

(a) te sources of its funds stating

(i) te amount of money received from its members and supporters; and

(ii) te amount and sources of te donations given to te party;

(b) te income and expenditure of te political party; and

(c) te assets and liabilities of te political party.

(2) An independent candidate for election to Parliament sall, witin 30 days of te return of te writ (weterelected to Parliament or not) provide to te Registrar te following information in writing, in respect of is or er

election campaign

(a) te amount of money received by im or er;

(b) te amount and sources of te donations given to im or er; and

(c) te income and expenditure.

(3) Te Registrar sall publis te information received by it under subsections (1) and (2) in te Gazette and in

te media, and te costs of any suc publication sall be paid by or recovered from te political party and independent

candidate for election to Parliament.

(4) A political party or independent candidate for election to Parliament wo contravenes tis section commitsanoffenceandshallbeliableuponconvictiontoanenotexceeding$10,000ortoimprisonmentforatermnot

exceeding 5 years or to bot.

Applicants, ofce holders of political parties and independent candidates to Parliament to declare assets and liabilities

24.(1) Any person wo

(a) is an applicant for te registration of a proposed political party, in te event tat te proposed political

party is registered under tis Decree; and

(b) isanofceholderin,andtheregisteredofcerof,apoliticalpartyregisteredunderthisDecree,

shall,within30daysoftheendofeachnancialyearofthepoliticalparty,providetotheRegistrar

a statement containing te following information in respect of tat person and is or er spouse and

any cildren

(i) te total assets weter in Fiji or abroad (including money and oter property in te possession

or under te control of eac of tem);

(ii) te total income weter in Fiji or abroad, and te source of suc income, received by eac of

tem during te period to wic te statement relates;

(iii) any business connections weter in Fiji or abroad of eac of tem;

(iv)anydirectorshipsorotherofceinacorporationorotherorganisationwhetherinFijiorabroad

eld by eac of tem;

(v) any business transaction entered into by eac of tem during te period to wic te statement

relates weter in Fiji or abroad;

(vi) any gift received by eac of tem weter in Fiji or abroad (oter tan a gift received in te

normal course of events from close relatives or a gift received in accordance wit custom, in te


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course of traditional excange of gifts or in te case of a gift given on bealf of te nation, if te

gift is transferred to te Government as soon as it is possible to do so witout giving offence to

te giver) during te period to wic te statement relates, and te value of tose gifts;

(vii) any assets acquired by eac of tem weter in Fiji or abroad during te period to wic te

statement relates; and

(viii) te liabilities incurred, or discarged, by eac of tem weter in Fiji or abroad during te

period to wic te statement relates, and te amount of eac suc liability.

(2) Any person wo

(a) is nominated by a political party as a candidate for election to Parliament; or

(b) is nominated as an independent candidate for election to Parliament,

sall, witin 30 days of suc nomination, provide to te Registrar a statement containing te following

information in respect of tat person and is or er spouse and any cildren

(i) te total assets weter in Fiji or abroad (including money and oter property in te possession

or under te control of eac of tem);(ii) te total income weter in Fiji or abroad, and te source of suc income;

(iii) any business connections weter in Fiji or abroad of eac of tem;

(iv) anydirectorshipsorotherofceinacorporationorotherorganisationwhetherinFijiorabroad

eld by eac of tem;

(v) any business transaction entered into by eac of tem in te 5 years preceding te date of

nomination weter in Fiji or abroad;

(vi) any gift received by eac of tem weter in Fiji or abroad (oter tan a gift received in te

normal course of events from close relatives or a gift received in accordance wit custom, in te

course of traditional excange of gifts or in te case of a gift given on bealf of te nation, if te

gift is transferred to te Government as soon as it is possible to do so witout giving offence tote giver) in te 5 years preceding te date of nomination;

(vii) any assets acquired by eac of tem weter in Fiji or abroad in te 5 years preceding te date

of nomination; and

(viii) te liabilities incurred or discarged by eac of tem weter in Fiji or abroad in te 5 years

preceding te date of nomination, and te amount of eac suc liability.

(3) Te information provided by a person under subsections (1) and (2) sall be accompanied by a statutory

declaration tat te information provided is correct.

(4) Te Registrar sall publis te information received by im or er under subsections (1) and (2) in te

Gazette and in te media, and te costs of any suc publication sall be paid by or recovered from te political partyor from te candidate in relation to information received under subsection (2).

(5) Any person wo fails to comply wit te requirements of subsections (1) or (2), or provides any information

thatisfalse,commitsanoffenceandshallbeliableuponconvictiontoanenotexceeding$50,000ortoatermof

imprisonment not exceeding 10 years or to bot.

Declaration of assets, liabilities and expenditure in relation to elections

25.(1) A political party sall, at least 30 days before general elections, submit to te Registrar a statement

of its assets and liabilities.

(2) Notwitstanding any oter penalty provided in tis Decree or in any oter written law, te Registrar sall

deregister a political party wic

(a) fails to comply wit tis section; or

(b) submits a statement wic is false in any material particulars.


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(3) Te Registrar sall publis te information received by im or er under subsection (1) in te Gazette and

in te media, and te costs of any suc publication sall be paid by or recovered from te political party.

Audit of political parties accounts

26.(1) A political party sall keep proper books and records of account of te income, expenditure, assets

and liabilities of te political party.

(2) TheaccountsofeverypoliticalpartyshallbeauditedannuallybyanauditorcertiedbytheFijiInstitute

ofAccountantsandshallbesubmittedtotheRegistrarwithin3monthsaftertheendofeachnancialyear,who

sall publis te accounts in te Gazette and in te media, and te costs of any suc publication sall be paid by or

recovered from te political party.

(3) TheRegistrarmayatanytimerequesttheAuditor-Generaltocarryoutanauditoftheaccountsofapolitical

party.

(4) Anypersonshallbeentitledtoinspecttheauditedaccountsledbyapoliticalpartyand,uponpaymentof

a fee prescribed by te Registrar, be issued copies of te audited accounts.

(5) An auditor wo provides a falsely audited account commits an offence and sall be liable upon conviction

toanenotexceeding$50,000ortoatermofimprisonmentnotexceeding10yearsortoboth.

PART 4GENERAL PROVISIONS

Offences

27.(1) A person wo

(a) fails to furnis particulars or information required to be furnised by a political party or by im or er

under tis Decree;

(b) makes a statement wic e or se knows to be false or wic e or se as no reason to believe to be

true; or

(c) recklessly makes a false statement under tis Decree,

commitsanoffenceandshallbeliableuponconvictiontoanenotexceeding$10,000ortoimprisonment

for a term not exceeding 5 years or to bot.

(2)WhereapoliticalpartycommitsanoffenceunderthisDecree,everyofceholderofthatpoliticalparty

sall also be deemed to ave committed te offence.

(3) Were an offence under tis Decree is committed by a body of persons oter tan a political party

(a) in te case of a body corporate oter tan a partnersip, every director and te secretary of te body

corporate sall also be deemed to ave committed te offence; and

(b) in te case of a partnersip, every partner sall be deemed to ave committed te offence.

(4) A person does not commit an offence under subsection (1) or (2) if tat person proves to te satisfactionof te court tat e or se exercised due diligence to prevent te commission of tat act as e or se ougt to ave

exercised, aving regard to all te circumstances.

(5) Were a political party commits an offence under tis Decree, te Registrar sall ave te power to

(a) issueawarningandrequirethepoliticalpartytoconformtothisDecreewithinaspeciedperiod;or

(b) suspend te registration of te political party for a period not exceeding 12 monts.

(6) Notwitstanding subsection (5), a person wo is a member of a political party tat as been suspended and

is a member of Parliament, sall continue as a member of Parliament for te unexpired term.

Winding up political party

28.(1) Te Registrar sall, upon te deregistration of a political party or its declaration as a proibitedorganisation under any law, make an application to te hig Court for te winding up and dissolution of tat political

party, and te disposition of te property, assets, rigts and liabilities of te political party.


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(2) Te hig Court sall make suc orders as it may deem just and equitable in te circumstances of te

case.

Regulations

29. Te Minister may make Regulations to give effect to te provisions of tis Decree.

Appeals against the decision of the Registrar

30.(1) Any person aggrieved wit a decision of te Registrar made under tis Decree may appeal tat decision

to te hig Court, provided owever tat no suc appeal sall be accepted or entertained by te hig Court unless

te appeal is lodged in te hig Court witin 14 days from te date of te decision of te Registrar.

(2) Te decision of te hig Court on any appeal against a decision of te Registrar made under tis Decree

shallbenalandbindingonallpartiesandshallnotbesubjecttoanyfurtherappeal.

(3) Subject to te provisions of tis Decree, an appeal against a decision of te Registrar to te hig Court

under subsection (1) sall be dealt wit in accordance wit te hig Court Rules.

Repeal

31. Te Electoral (Registration of Political Parties) Regulations 1991, and section 23(2) of te Electoral

(Registration of Voters) Decree 2012 are repealed.GIVEN under my and tis 15t day of January 2013.

EPELI NAILATIKAU

President of te Republic of Fiji_____

FIRST SChEDULE

CODE OF CONDUCT FOR POLITICAL PARTIES

1. Every political party sall strictly observe and comply wit tis code of conduct.

2. Thiscodeofconductshallregulatethebehaviourofmembersandofceholdersofpoliticalparties,aspiring

candidates, candidates and teir supporters, promote good governance and eradicate political malpractices.

3. Every political party sall

(a) respond to te interests, te concerns and te needs of te citizens of Fiji;

(b) respect and upold te democratic process as tey compete for political power so as to implement teir

policies;

(c) promote consensus building in policy decision making on issues of national importance;

(d) promote national patriotism and national unity; and

(e) respect, upold and promote democratic values and principles, performing inclusive participation of

political party members and accountable representation in governance.


(a) respect te rigt of all persons to participate in te political process;

(b) respect and promote uman rigts and fundamental freedoms and te rule of law; and

(c) respect,upholdandpromotehumandignity,equity,socialjustice,equalityandnon-discrimination.


(a) respect and upold tis Decree and any oter written law relating to elections and political parties;

(b) respect and upold teir respective political party constitutions, political party election rules, political

party nomination rules and any oter political party rules and regulations developed and agreed upon in

accordance wit tis code of conduct;

(c) respect, upold and promote good governance, integrity, transparency and accountability;


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(d) respect, upold and promote democratic practices troug regular, free, fair and credible elections witin

thepoliticalpartyandincludehavingdemocraticallyelectedofceholdersandpoliticalpartyorgans;

and

(e) perform transparency and accountability in all party policies, rules, structures, procedures and

performance.

6. A political party sall not

(a) engage in or encourage violence by its members or supporters;

(b) engageininuencepeddling,briberyoranyotherformofcorruption;

(c) accept or use illicit or illegal money;

(d) accept or use public resources oter tan tose allocated to te political party; and

(e) advocate hatred that constitutes ethnic or religious incitement or vilication of others or any other

communal antagonism._____

SECOND SChEDULECONTENTS OF ThE CONSTITUTION OR RULES OF A POLITICAL PARTY

1. Te name of te political party and any abbreviation.

2. Te logo and symbol of te political party and party colours.

3. Te objects of te political party.

4. Clearlydenedvision,mission,guidingprinciplesandvalues.

5. Thephysicalandpostaladdressoftheregisteredofce.

6. Membersip requirements including

(a) te eligibility criteria;

(b) subscription fees for joining te political party and for being a member of te political party;

(c) te criteria for resignation from political party membersip or ceasing to be a member;

(d) te rigts and duties of members of te political party;

(e) membershipdetailstobecontainedintheregisterincludingidenticationdetails;and

(f) te procedure for conducting te annual general meeting or te oter general meetings of te political

party, including matters wic may only be decided upon by a meeting of te political party members.

7. Te forming of political party brances and teir roles and responsibilities.

8. Thenancialstructureandsystemincluding

(a) therolesandresponsibilitiesofindividualpoliticalpartyofcialswithregardtothenancesofthepolitical

party;

(b) te annual statutory and oter audits of accounts of te political party; and

(c) te purposes for wic te funds may be used, and in particular te proibition against te distribution of

funds among members.

9. Te general organisation structure and management of te political party.

10. Thedisciplinarymeasuresagainstamemberorofcialofapoliticalpartyincluding

(a) te metods and procedure of disciplinary action;

(b) possible disciplinary actions and reasons;

(c) criteria for various disciplinary actions; and

(d) consequences of eac action.


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11. Te rigt to inspect te books or list of members of te political party by a member of te political party or a

member of te public.

12. Theauthorisedofcialsofapoliticalparty,includingthenamesofofcialswhoareauthorisedtosign,anyof

te following, on bealf of te political party

(a) documents presented to te Registrar including membersip register, mergers, and oter reports to teRegistrar;

(b) te accounts and bank accounts of te political party;

(c) theauditedannualaccountsandnancialstatementsofthepoliticalparty;

(d) any report or document of te political party required under tis Decree or any oter written law; and

(e) thenominationcerticatesforanynominationorelectionofamemberofthepoliticalparty.

13. Te policy documents wic te political party will develop and on wic te political party will perform,

including te manner and procedures in wic tey will be developed, approved and implemented.

14. Te policy reporting documents and teir regularity wic te political party will produce, including te manner

and te procedures in wic tey will be developed, approved and publicised.

15. Asset management policies and procedures, te custody and investment of te funds and property of te political

party, and te designation of te persons responsible for tem.

16. Te political party nomination rules and regulations wit respect to elections of te party and rules governing

te preparation of party lists.

17. Provisions for te amendment of te name, constitution, and rules of te political party.

18. Rules for mergers including

(a) te circumstances and criteria for mergers; and

(b) te procedure and guidelines for suc mergers as approved by an annual general meeting of te politicalparty.

19. Provisions on dissolution of te political party, including

(a) provisions on te disposal of te property of te political party; and

(b) te manner of and procedures to be followed for te dissolution of te political party or any branc of te

party.

20. Internal party dispute resolution mecanism.


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Price:$1.75 S.NAVUNILAWA,Acting Government Printer, Suva, Fiji2013 10/FGG/131,000

Ofcial Printer Since 1883

ThIRD SChEDULE

MAP OF ALL ThE FOUR DIVISIONS OF FIJI

political parties decree

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