67. Are there provisions for conflict of interests for candidates and/or elected officials?

(1) In accordance with Article 31(e) of the Constitution, the holder of an office in any of the offices established or created under the Acts specified in Schedule 10 or in any other instrumentality of the Republic, is hereby prescribed as an officer who holds an ‘office of profit in the service of Nauru’ for the purpose of the Constitution and this Act.

(2) Despite subsection (1), for the purpose of this section, an ‘office of profit in the service of Nauru’ does not include the office of the President, the office of the Speaker and Deputy Speaker of Parliament and the office of a Minister or an appointment held by a Minister by virtue of him or her being a Minister.

(3) In the event of a by-election or supplementary election or where Parliament is dissolved less than 3 years from the date of its first 24 sitting and elections are held following that dissolution, an employee is deemed to have resigned upon submitting his or her nomination for candidature under this Act.

(4) If there is a conflict between this Act and any other law, the provisions of this Act must take precedence.

Source: Article 59, Electoral Act 2016, Act 15 of 2016

If any person who is the holder of an office of profit or an employee of an instrumentality of the Republic is required to resign under the applicable Act in Schedule 10 or any other law does not comply with the provisions of that law and continues to hold their office or employment prior to and after submitting their nomination under this Act, that person commits an offence and is liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

Source: Article 135, Electoral Act 2016, Act 15 of 2016

(1) Any employee who intends to submit a nomination as a candidate in Nauru’s general elections, must resign at least three months prior to submitting their nomination.

(2) In this section, ‘employee’ includes public service employees, contract employees who are eligible to stand for elections, temporary employees and heads of departments.

Source: Article 84, Public Service Act 2016

Holders of offices in the service of Nauru and employees of a State instrumentality must resign before nominating as a candidate. Public servants must resign at least 3 months before nominating as a candidate