(1) Where upon examination of a complaint made under section 32, or otherwise, the Commission, in the course of an investigation under section 35 is of the view that a person in public life, or any other person on his or her behalf is in possession of property or pecuniary resource disproportionate to his or her legitimate sources of income, the Commission shall conduct a separate inquiry to determine whether such person has committed a breach of the provisions of this Act in connection with that property or pecuniary resource.
(2) On the conclusion of any inquiry under subsection (1), the Commission shall submit a report to the Director of Public Prosecutions and the Governor General.
(3) Where the Director of Public Prosecutions is satisfied, on the examination of the report referred to in subsection (2) and other relevant evidence, that any person in public life ought to be prosecuted for an offence under section 31, the Director of Public Prosecutions shall institute and undertake criminal proceedings against the person in public life.
(4) Where the Commission has forwarded to the Director of Public Prosecutions a report under subsection (2), the Director of Public Prosecutions shall inform the Commission and the Governor General, in writing, about the action taken in pursuance of the report.
(5) In imposing a fine on a person found guilty of an offence under this section, the court shall have regard to the value of the property or pecuniary resource in the possession of that person, which cannot be accounted for taking into account his or her legitimate sources of income.