Prevention of Bribery Act No. 12 of 2007

1. Short Title

2. Interpretation

2A. Repealed1 3 Soliciting or accepting an advantage

4. Bribery 5.

6. Bribery for procuring withdrawal of tenders

7. Bribery in relation to auctions

8. Bribery of public servants by persons having dealings with public bodies

9. Corrupt transactions with agents

10. Possession of unexplained property

11. Giver and acceptor of bribe to be guilty notwithstanding that purpose not

12. Penalty for offences 12AA. 12AB. 12AC.

12A. Conspiracy

13. Special powers of investigation

13A. Order to make material available and to render assistance

13B. Disclosure of information obtained under section 13A

13C. Restriction on publication of information disclosed under section 13B 14 Power to obtain information 14A. [Not promulgated] 14B. [Not promulgated]

14C. Restraining orders

14D. Variation and revocation of restraining orders

14E. Application for directions

15. Legal advisers and privileged information

16. Power to obtain assistance 1 Fiji Independent Commission Against Corruption

17. Further powers of search

17A. Surrender of travel document

17B. Return of travel documents

17BA. Permission to leave Fiji 17C. 18. [Not promulgated]

19. Custom not to be a defence 20.

21. Evidence of pecuniary resources or property 21A.

22. Person giving or receiving bribe not to be regarded as an accomplice

23. Power to secure evidence of parties to offences

24. Burden of proof 25. [Not promulgated] 26. [Not promulgated] 27. Commissioner

28. Costs on acquittal 29. 30.

30A. Protection of informers

30B. Failure to report an offence2

31. Consent of Commissioner or Director of Public Prosecutions required for prosecution of offences under Part II

31A. Time limit for prosecution of offences 32.

33. Effect of conviction of an offence under this Promulgation

33A. Power of court to prohibit employment of convicted person

34. Regulations and forms3

35. Amendment of Schedule Schedule. Public Bodes IN exercise of the powers conferred upon the Interim Government and upon the exercise of my own deliberate judgment as President of the Re public of the Fiji Islands as to what is in the best interest and good for the State in accordance with section 85 of the Constitution and all such other 2 3 Fiji Independent Commission Against Corruption CONDUCT IN PUBLIC OFFICE AND FOR PURPOSES NECESSARY THERETO OR CONNECTED THEREWITH Short title

1. This Promulgation may be cited as the Prevention of Bribery Promulga tion. Interpretation

2. (1) (a) ey or of any valuable security or of other property or interest in property of any description; (b) (c) (d) cluding protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disci tuted; (e) the exercise or forbearance from the exercise of any right or any power or duty; and (f) but does not include any donation permitted by the Political Parties and Electoral Decree 2014; particulars of which are included in an election return in accordance with the Decrees; “agent” includes a public servant and any person employed by or acting for another; “appointing authority” means a person responsible for appointing 5 5 ‘appointing authority’ - Fiji Independent Commission Against Corruption (a) soever; (b) (c) used in the ordinary business of a bank; “Commission” means the Fiji Independent Commission Against Corruption established under section 3 of the Fiji Independent Commission Against Corruption Promulgation 2007; “Commissioner” means the Commissioner of the Fiji Independent Commission Against Corruption appointed by the President and includes the Deputy Commissioner appointed under section 6 of the Fiji Independent Commission Against Corruption Promulgation and the person appointed to act as the Commissioner of the Fiji Independent Commission Against Corruption under section 7(2) of that Promulgation; “company books” means the annual return and balance sheets and letter or other book or document used in the ordinary business of a company; “court” includes a magistrate hearing proceedings with a view to committal for trial before the High Court; means whatsoever; provisions; this Promulgation; Fiji Independent Commission Against Corruption (a) (b) the following persons (to the extent that they are not per (1) President or who has sworn an oath of offence before the President; (2) Chairman of the Public Service Commission; (3) any member of the staff of the Fiji Independent Commission Against Corruption (4) any member of the staff of judiciary. (a) an employer; (b) (c) a trust estate as though it were a person; (d) person; (e) the estate of a deceased person as though it were a person; and (f) (a) the Government; (b) the Cabinet; (c) the Parliament; (d) or the Cabinet; and (e) in Schedule 1; “public servant” means (a) (b) any employee of a public body; or (c) Decree 2009. Fiji Independent Commission Against Corruption (2) (a) any other person; (b) (c) whether for himself or for any other person. (3) (a) (b)

2A. Repealed Soliciting or accepting an advantage 3. offence. 9 Bribery

4. (1) vant as an inducement to or reward for or otherwise on account of (a) as a public servant; - 9 President, solicits or accepts any advantage shall be guilty of an offence’ Fiji Independent Commission Against Corruption (b) as a public servant; or (c) action of any business with a public body shall be guilty of an offence. (2) (a) as a public servant; (b) vant; or (c) action of any business with a public body shall be guilty of an offence. (3) an advantage with the permission of the public body of which he is neither he nor the person who offered the advantage shall be guilty of an offence under this section. (4) For the purposes of subsection (3) permission shall be in writing (a) cepted; or (b) in any case where an advantage has been offered or ac and for such permission to be effective for the purposes of subsec regard to the circumstances in which it is sought. Fiji Independent Commission Against Corruption Bribery for giving assistance, etc; in regard to contracts

5. (1) offers an advantage to a public servant as an inducement to or (a) (i) any contract with a public body for the performance (ii) done or supplied under any contract with a public body; or (b) stipulated or otherwise provided for in any such contract or shall be guilty of an offence. (2) reward for or otherwise on account of his giving assistance or using (a) (b) subcontract as is referred to in subsection (1) shall be guilty of an offence. Bribery for procuring withdrawal of tenders

6. (1) offers any advantage to any other person as an inducement to or (2) solicits or accepts any advantage as an inducement to or a reward Fiji Independent Commission Against Corruption Bribery in relation to auctions

7. (1) offers any advantage to any other person as an inducement to or or having refrained from bidding at any auction conducted by or on (2) solicits or accepts any advantage as an inducement to or reward for other otherwise on account of his refraining or having refrained from bidding at any auction conducted by or on behalf of any public Bribery of public servants by persons having dealings with public bodies

8. (1) while having dealings of any kind with the Government through any offence. (2) shall be guilty of an offence. Corrupt transactions with agents

9. (1) licits or accepts any advantage as an inducement to or reward for (a) (b) shall be guilty of an offence. (2) offers any advantage to any agent as an inducement to or reward (a) (b) shall be guilty of an offence. Fiji Independent Commission Against Corruption (3) (a) (b) which contains any statement which is false or erroneous or defective in any material particular; and (c) shall be guilty of an offence. (4) If an agent solicits or accepts an advantage with the permission of neither he nor the person who offered the advantage shall be guilty of an offence under subsection (1) or (2). (5) (a) accepted; or (b) in any case where an advantage has been offered or ac and for such permission to be effective for the purposes of sub regard to the circumstances in which it is sought. Possession of unexplained property

10. (1) (a) maintains a standard of living above that which is commen (b) is in control of pecuniary resources or property dispropor how he was able to maintain such a standard of living or how such of an offence. (2) son to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused or (3) ity payable under any statutory law. Fiji Independent Commission Against Corruption Giver and acceptor of bribe to be guilty notwithstanding that purpose not carried out, etc.

11. (1) suspecting or having grounds to believe or suspect that the advan tage was given as an inducement to or reward for or otherwise on (a) to do or forbear; (b) he accepted the advantage without intending so to do or forbear; or (c) he did not in fact so do or forbear. (2) it is proved that the accused offered any advantage to any other person as an inducement to or reward for or otherwise on account suspecting or having reason to believe or suspect that such other right or opportunity. Penalty for offences

12. (1) (a) (i) and to imprisonment for 10 years; (ii) (iii) (b) (i) and to imprisonment for 3 years; and (ii) and shall be ordered to pay to such person or public body as the court may specify. Fiji Independent Commission Against Corruption (2) Any person guilty of an offence under section 3 shall be liable on shall be ordered to pay to the Government in such manner as the court directs the amount or value of the advantage received by him or such part thereof as the court may specify. (3) may order a person convicted of an offence under section 10(1)(b) (a) a sum not exceeding the amount of the pecuniary resourc es; or (b) the acquisition of which by him was not explained to the satisfac tion of the court. (4) An order under subsection (3) may be enforced in the same man ner as a judgment of the High Court in its civil jurisdiction.

12AA. (1) (a) found at the trial to be in his control as provided in section 10; and (b) of an amount or value not exceeding the amount or value of pecuniary resources or property the acquisition of which by him was not explained to the satisfaction of the court. (2) Any application for an order under subsection (1) shall be made by (3) An order under subsection (1) shall not be made in respect of pecu niary resources or property held by a person other than the person convicted unless that other person has been given reasonable no tice that such an order may be made and has had an opportunity to show cause why it should not be made. (4) An order under subsection (1) shall not be made in respect of pecu niary resources or property held by a person other than the person (a) acted in good faith as regards the circumstances in which the pecuniary resources or property came to be held by him; and (b) so acted in relation to the pecuniary resources or property that an order in the circumstances would be unjust. Fiji Independent Commission Against Corruption (5) discretion to decline to make an order under subsection (1) on (6) (7) A court may make orders under both subsection (1) and section 12(3) in respect of the same offence but shall not make orders under both provisions in respect of the same pecuniary resources or property. (8) An order under subsection (1) may make provision for taking pos session of pecuniary resources or property to which the order ap plies and for the disposal of such resources or property by or on behalf of the Government.

12AB. (1) in respect of pecuniary resources or property held by a person oth Court of Appeal. (2) (a) (b) quash the order and make such other order (if any) under section 12AA as it thinks appropriate. (3) Proceedings under this section will not operate as a stay of exe cution of an order unless the court which makes the order or the Court of Appeal otherwise orders and any stay of execution may (4) and shall be subject to such conditions as is directed by a single Judge of the Court of Appeal. (5) Nothing in this section shall prejudice or affect the right of a convict ed person to appeal against his sentence under any statutory law.

12AC. (1) (a) the making of an order under section 12AA; or (b) where such an order is not made or is quashed. Fiji Independent Commission Against Corruption (2) (a) Court; and (b) shall be paid from general revenue. Conspiracy

12A. (1) Any person convicted of conspiracy to commit an offence under this Part shall be dealt with and punished in like manner as if con victed of such offence and any rules of evidence which apply with respect to the proof of any such offence shall apply in like manner to the proof of conspiracy to commit such offence. (2) The powers of investigation conferred by Part III of this Promulga tion shall apply with respect to a conspiracy to commit an offence under this Promulgation in like manner as they apply to the investi gation of any such offence. Special powers of investigation

13. (1) (a) that an offence under this Promulgation may have been committed by any person; and (b) other article of or relating to any person named or otherwise he may for those purposes authorize in writing any investigating (i) documents or other article of or relating to the per sioner; (ii) to require from any person the production of such by the Commissioner which may be required for the purposes of such investigation and the disclosure Fiji Independent Commission Against Corruption any relevant entry therein and photographs of any other article. (1A) tion under or by virtue of which any particular person who is alleged or suspected to have committed an offence under this Promulga tion can be required to comply with any requirement of the descrip tion mentioned in subsection (1)(i) and (ii). (1B) The High Court shall not grant leave for the issue of an authoriza (1). (2) (a) Every authorization given under subsection (1) shall be from any person information as to whether or not at any or production under such authorization. (b) A requirement under paragraph (a) shall be made in writing and any statement therein as to the existence of the appro priate authorization under subsection (1) shall be accepted as true without further proof of the fact. (3) er Act or rule of law to the contrary save only the secrecy provisions imposed by section 52 of the Fiji Revenue and Customs Authority and to imprisonment for 1 year. (4) Any person who falsely represents that an appropriate authoriza tion has been given under subsection (1) shall be guilty of an of imprisonment for 1 year. Order to make material available and to render assistance

13A. (1) - Fiji Independent Commission Against Corruption an ex parte application to the High Court in chambers for an order under subsection (2) in relation to particular material or material of a particular description held by the Commissioner of Inland Reve (a) there are reasonable grounds for suspecting that an offence under this Promulgation has been committed; (b) there are reasonable grounds for believing that the material to which the application relates is likely to be relevant to the investigation or proceedings for the purpose of which the application is made; and (c) there are reasonable grounds for believing that it is in the (i) the seriousness of the offence suspected to have been committed; (ii) whether or not the suspected offence could be ef fectively investigated if an order under this subsec tion is not made; (iii) proceedings if the material is so produced or if ac cess to it is given; and (iv) the public interest in preserving secrecy with regard to matters relating to the affairs of persons that may come to the knowledge of the Commissioner of In nue Department in the performance of their duties under the Fiji Revenue and Customs Authority Act 11 make an oath that the Commissioner of the Inland Revenue or any (i) (A) produce the material for the Commissioner (B) give them access to it; within such period as the order may specify; (ii) 11 - Fiji Independent Commission Against Corruption of the powers of the Commissioner or an investi Promulgation such assistance as the Commissioner reasonably require. (3) be 7 days unless it appears to be the High Court that a longer or shorter period would be appropriate in the particular circumstances of the application. (4) Where an order is made under subsection (2) the Commissioner of trary including the provisions of section 52 of the Fiji Revenue and Customs Authority Act 1998 12 and sections 13 and 14 of this Prom the order may specify. (5) For the purposes of the prosecution of an offence under this Prom the Inland Revenue Department in relation to particular material or material of a particular description with respect to which the order is made shall not be subject to any obligation as to secrecy or other restriction as to disclosure imposed by section 52 of the Fiji Reve nue and Customs Authority Act 1998 or otherwise. 13 (6) Where an application under subsection (1) relates to material of a made where an application in relation to particular material is not reasonably practicable. (7) Where material to which an application under this section relates (a) an order under subsection (2)(i)(A) shall have effect as an order to produce the material in a form in which it can be taken away; and (b) an order under subsection (2)(i)(B) shall have effect as an order to give access to the material in a form in which it is visible and legible. (8) Where an order made under subsection (2)(i) relates to informa 12 ‘section 13 ‘section Fiji Independent Commission Against Corruption Department to produce the material in a form in which it is visible and legible and can be taken away. (9) (a) (and any such extension shall be deemed to be an order made by the High Court under that subsection); (b) of the Inland Revenue Department from any obligation un der an order of the description mentioned in subsection (8) to produce material in the form in which it was recorded. (10) graph or make copies of any material produced under this section. Disclosure of information obtained under section 13A

13B. Where any information subject to an obligation of secrecy under the Fiji Revenue and Customs Authority Act 1998 has been ob that information may be disclosed by the Commissioner or an in poses of any proceedings relating to or any prosecution of an of fence under this Promulgation but may not otherwise be disclosed. Restriction on publication of information disclosed under section 13B

13C. (1) (a) to information of the description mentioned in section 13B which has been furnished to the Commissioner of the Inland of any person (“the person named”) under the Fiji Revenue and Customs Authority Act 1998 ; (b) where that information is disclosed to the Commissioner or Director of Public Prosecutions under section 13B; (c) where the Commissioner or Director of Public Prosecutions decides that any of the information so disclosed is to be adduced in evidence by the prosecution for the purpose of being an offence alleged to have been committed by the person named; 15 Fiji Independent Commission Against Corruption (d) where a venue for an a date and time of hearing of those (e) where those proceedings may result in the information be ing publicly revealed. (2) As soon as practicable after having made a decision of the de Commissioner or Director of Public Prosecutions shall serve notice in writing of that fact on the person who furnished the information as mentioned in subsection (1)(a) and on the person named. (3) A notice under subsection (2) shall be accompanied by a state ment in writing so as to adequately inform the person on whom it (a) the details of such information disclosed to the Commis sioner or Director of Public Prosecutions that is to be so adduced; (b) ceedings; and (c) the substance of this section. (4) Within 14 days after the service on him of a notice under subsec to the Commissioner or Director of Public Prosecutions make an application in chambers to the court before whom the proceedings are to be heard for an order under subsection (5) and the Commis sioner or Director of Public Prosecutions shall be given an opportu nity to be heard on that application. (5) der given directions prohibiting or restricting the publication of any information so disclosed to the Commissioner or Director of Public Prosecutions which may lead to the identity of the person named being publicly revealed. (6) views of the Commissioner or Director of Public Prosecutions on whether the public interest in the publication of any information be (a) (b) any prejudice to the person named which might result from the publication of that information without prohibition or re striction; and Fiji Independent Commission Against Corruption (c) the public interest in preserving secrecy with regard to mat ters relating to the affairs of persons that may come to the knowledge of the Commissioner of Inland Revenue or to mance of their duties under the Fiji Revenue and Customs Authority Act 1998 . (7) If in the course of any prosecution of an offence under this Promul gation after the making of an order under subsection (5) the court that the effect of that order is to impose a substantial and unreason able prohibition or restriction upon the reporting of those proceed it is in the public interest to remove the prohibition or to relax the apply to such information in respect of which that order was made (8) Any person who publishes or broadcasts information being the sub Power to obtain information

14. (1A) pected to have been committed by any person under this Promul for an order under subsection (1). (1B) The High Court shall not make an order under subsection (1) un less on an ex parte application made to it under subsection (1A) it (a) that the information to be required from the person being the subject of the application is likely to be relevant to the investigation or the proceedings; (b) in the case of an application relating to subsection (1)(d) or or may reasonably have access to information likely to be relevant to the investigation or the proceedings. (1) Where on an application under subsection (1A) the High Court is offence under this Promulgation has been committed it may make Fiji Independent Commission Against Corruption an order authorizing the Commissioner by a notice in writing to (a) (i) immediately preceding the date of such notice or respect of each property enumerated whether it is ation paid therefore; and in respect of any property years immediately preceding the date of the notice ation given therefore; (ii) all expenditure incurred by such person in respect gard to living expenses and other private expendi years from the date of the notice); (iii) time or a period commencing earlier than 3 years spect of each such liability whether it was incurred (b) property sent out of Fiji by him or on his behalf during such (c) Fiji Independent Commission Against Corruption Commissioner believes that such information may assist the investigation or proceedings; (d) any other person whom the Commissioner believes to be acquainted with any facts relevant to such investigation or in such notice all information in his possession or to which he may reasonably have access (not being information readily available to the public) respecting such matters as liver or otherwise furnish to him the original or a copy of any document in his possession or under his control or to which he may reasonably have access (not being a document (e) any document which is in his possession or under his con trol or to which he may reasonably have access (not being a document readily available to the public); (f) be named in the notice. (2) and to require the attendance for the purpose of answering ques (a) for or is acting for any party to any particular land or property transaction; and (b) Fiji Independent Commission Against Corruption (i) the full names (including aliases) and addresses of any of the persons referred to in paragraphs (a) and (b) and any other information in his possession which may be helpful in identifying or locating any such person; (ii) paid or received in respect of or in connection with any such land or property transaction; and (iii) the terms and conditions of any such land or prop erty transaction. (3) A notice under subsection (1) shall be served on the person to whom it is addressed either personally or by registered post ad dressed to his last known place of business or residence. (4) Every person on whom a notice under subsection (1) is served or rule of law to the contrary save only the provisions of section comply to comply shall be guilty of an offence and shall be liable on convic (5) A person who willfully makes any false statement in answer to a notice under subsection (1) shall be guilty of an offence and shall Restraining orders

14C. (1) (a) any property is in the possession of or under the control of or is due to a person (hereinafter in this section and in sec who is the subject of an investigation in respect of an of fence alleged or suspected to have been committed by him under this Promulgation or against whom a prosecution for (hereinafter so referred to as the “third party”); or - Fiji Independent Commission Against Corruption (b) a third party is holding any property for or on behalf of or order under this subsection (hereinafter so referred to as a “restraining order”). (2) (a) impose such conditions; or (b) exempt such property from the operation thereof (including any third party on whom a restraining order is served in accordance with subsection (3) shall not dispose of or otherwise deal with any directions of the court. (2A) erty itself. (3) A restraining order shall be served on the suspected person and any third party to whom it is directed and may be served by deliver other manner as the court may direct on application ex parte by or on behalf of the Commissioner. (3A) of Titles under the Land Transfer Act in such manner as the Regis (3B) person to whom the notice is given the Commissioner may serve order which copy restraining order shall have the effect of direct settle or discharge that debt or obligation either in whole or in part without the consent of the court. (4) (a) of the description mentioned in subsection (1)(a) shall con tinue in force for a period of 12 months from the making sioner the court may extend its operation for periods of 12 months at a time; Fiji Independent Commission Against Corruption (b) of the description mentioned in subsection (1)(b) shall continue in force for a period of 6 months from the making sioner the court may extend its operation for periods of 3 months at a time. (5) (a) a restraining order is made with respect to a third party or a suspected person against whom a prosecution for an of fence under this Promulgation has been instituted; or (b) a restraining order is in force with respect to a third party or a suspect person against whom a prosecution for such an may be. (5A) Nothing in subsection (4) or (5) shall prevent the court from making a further restraining order in respect of the same property on appli cation ex parte or on behalf of the Commissioner. (6) A suspected person or third party on whom a copy of a restraining order has been served in accordance with subsection (3) or (3B) of this section or section 14D(5) shall be guilty of an offence and shall dance with directions of the court. (7) High Court. Variation and revocation of restraining orders

14D. (1) The Commissioner may at any time apply ex parte to the court for the variation or revocation of a restraining order. (2) A person on whom a restraining order has been served in accor dance with section 14C(3) or subsection (5) of this section may at any time apply to the court for an order revoking or varying the order. (3) The applicant under subsection (2) shall give to the Commissioner judge of the court may order. Fiji Independent Commission Against Corruption (4) (a) caused by its continuance in operation; (b) (5) Where a restraining order has been revoked or varied under this ed and on the suspect person. Application for directions

14E. (1) The suspected person or a third party on whom a restraining order has been served in accordance with section 14C(3) or 14D(5) may at any time apply to the court for directions. (2) (a) the suspected person and the third party; and (b) the Commissioner. (3) A person applying for directions under subsection (1) shall give to the hearing of the application as a judge of the court may order. (4) Legal advisers and privileged information

15. (1) shall require the disclosure by a legal adviser of any privileged in (2) 13(2) and in section 14(2) may be required from a legal adviser as ance with such a requirement would be to disclose any privileged information or communication. (3) (a) (i) the transfer by such person of any moneys out of Fiji; or (ii) the investment by such a person within or outside Fiji of any moneys; and Fiji Independent Commission Against Corruption (b) (i) the date of the transfer or investment; (ii) the amount of the transfer or investment; (iii) the bank and the name and number (if any) of the account to which the money was transferred; (iv) notwithstanding that the effect of compliance with such a requirement would be to disclose any privileged information or communication. (4) Nothing in subsection (2) or (3) shall require a legal adviser to com to which such compliance would disclose any privileged informa tion or communication which came to his knowledge for the pur or to enable him to give legal advice to his client. (5) In this section “legal adviser” means counsel or a solicitor. (6) The protection conferred by this section on a legal adviser shall extend to a clerk or servant of or employed by a legal adviser. Power to obtain assistance

16. (1) alleged or suspected to have been committed under this Promulga tion may apply to any public servant for assistance in the exercise of his powers or the discharge of his duties under this Promulga tion. (2) Any public servant who when requested under subsection (1) to render such assistance shall be guilty of an offence and shall be year. Further powers of search

17. (1) to a court for the issue of a warrant under subsection (1A). (1A) that there is reasonable cause to believe that in any premises or place there is anything which is or contains evidence of an offence Fiji Independent Commission Against Corruption (1B) (a) that in any premises or place there may be anything which is or contains evidence of an offence under this Promulga tion; and (b) that the making of an ex parte application under subsec the Commissioner may by warrant directed to an investigating of (2) entry and search under this section or any warrant issued under this section except in the course of investing an offence under this Promulgation alleged or suspected to have been committed by that (3) Any person who obstructs or resists the Commissioner or any in under this section shall be guilty of an offence and shall be liable (4) In this section “court” means a magistrate and the High Court. Surrender of travel document

17A. (1) by written notice require a person who is the subject of an investi gation in respect of an offence reasonably suspected to have been committed by him under this Promulgation to surrender to the Com missioner any travel document in his possession. (2) A notice under subsection (1) shall be served personally on the person to whom it is addressed. (3) A person on whom a notice under subsection (1) is served shall comply with such notice forthwith. (3A) (a) an application made under section 17B(1) for the return of a travel document is granted; or Fiji Independent Commission Against Corruption (b) an application made under section 17BA(1) for permission to leave Fiji is granted. (4) If a person on whom a notice under subsection (1) has been served pointed in that behalf of the Commissioner. (5) (a) until the expiry of the period of 28 days from the date of his committal to prison as aforesaid; or (b) until such person complies with the notice under subsection directs the Commissioner of Prisons to discharge such per (5A) Commissioner in compliance with a notice under subsection (1) may be detained for a period of 6 months from the date of the no tice unless an application made under section 17B(1) for the return of the travel document is granted. (6) The period of 6 months referred to in subsections (3A) and (5A) could not reasonably have been completed before the date of such application and authorizes such extension: Provided that a magistrate shall not hear an application under this subsection unless reasonable notice of the application has been given by the Commissioner to the person to whom the relevant notice is addressed. (6A) All proceedings before a magistrate under this section shall be con ducted in chambers. (6B) A notice under subsection (1) which has been served in accor dance with subsection (2) and complied with shall not thereafter be revoked or withdrawn. (7) port or other document establishing the identity or nationality of a holder. Fiji Independent Commission Against Corruption Return of travel documents

17B. (1) A person who has surrendered a travel document under section application shall contain a statement of the grounds on which it is made. (2) A magistrate shall not consider an application made under subsec has been given to the Commissioner. (3) The Commissioner or a magistrate shall only grant an application made under subsection (1) where the Commissioner or the magis unreasonable hardship to the applicant. (4) (a) (i) deposit such reasonable sum of money with such per (ii) (iii) deposit such a sum of money and enter into such a (b) any such applicant or surety may be required to deposit such property or document of title thereto with such person time as any recognizance entered into under this subsec tion is no longer required or is forfeited. (5) A recognizance referred to in subsection (4) shall be subject to the (a) the applicant shall further surrender his travel document to (b) the applicant shall appear at such time and place in Fiji as (6) An application under this section may be granted either without (a) the applicant shall further surrender his travel document to Fiji Independent Commission Against Corruption (b) the applicant shall appear at such time and place in Fiji as (7) Where a travel document is returned to the applicant under this section subject to a condition imposed under subsection (5)(a) or visions of section 17A(3A) shall continue to apply in respect of the applicant and the provisions of section 17A(5A) shall continue to apply in respect of the travel document surrendered by the appli cant pursuant to the condition as if no return had been made to the applicant under this section. (8) (a) shall be conducted in chambers; and (b) shall be deemed to be proceedings which a magistrate has under this section. (9) applicant. Permission to leave Fiji

17BA. (1) section 17A(1) is served may at any time make application in writ ing to the Commissioner or to a magistrate or both for permission of the grounds on which it is made. (2) A magistrate shall not consider an application made under subsec has been given to the Commissioner. (3) The Commissioner or a magistrate shall only grant an application made under subsection (1) where the Commissioner or the magis unreasonable hardship to the applicant. (4) (a) (i) deposit such reasonable sum of money with such per (ii) Fiji Independent Commission Against Corruption (iii) deposit such a sum of money and enter into such a (b) any such applicant or surety may be required to deposit such property or document of title thereto with such person time as any recognizance entered into under this subsec tion is no longer required or is forfeited. (5) A recognizance referred to in subsection (4) shall be subject to a condition that the applicant shall appear at such time and place (6) An application under this section may be granted either without condition or subject to a condition that the applicant shall appear at (7) Where a person is permitted to leave Fiji under this section subject apply in respect of the person as if the person had not been permit ted to leave Fiji under this section. (8) (a) shall be conducted in chambers; and (b) shall be deemed to be proceedings which a magistrate has der of a magistrate under this section. (9) applicant. Further provisions relating to security, appearance, etc

17C. (1) Where a person granted an application under section 17B fails to comply with the requirement of any condition imposed under that (a) he may be arrested and dealt with in the same manner that a person who fails to comply with a notice under section 17A(1) may be arrested and dealt with under section 17A(4) and (5); and (b) any deposit made or recognizance entered into under sec tion 17B may be forfeited by a magistrate on application by the Commissioner. Fiji Independent Commission Against Corruption (1A) Where a person granted an application under section 17BA fails to comply with the requirement of any condition imposed under that section may be forfeited by a magistrate on application by the Commissioner. (2) Where a magistrate declares or orders the forfeiture of a recog the interest of justice to deal with or to assist in the actual recovery of the forfeited recognizance. Custom not to be a defence 19. defence to show that any such advantage as is mentioned in this Promul Admissibility of accused’s declarations and statements

20. In any proceedings against a person for an offence under this Promulga (a) if such person tenders himself as a witness then any stat utory declaration or statement in writing furnished by him in compliance or purported compliance with the terms of a notice served on him under section 14 shall be regarded as ter of the proceedings and the rules of evidence as to proof of a contradictory statement of an adverse witness and as shall apply with respect to that witness; (b) the terms of a notice served on him under section 14 may be adduced in evidence and made the subject of comment by the court and the prosecution. Evidence of pecuniary resources or property

21. (1) In any proceedings against a person for an offence under Part II niary resources or property disproportionate to his known sources pecuniary resources or property for which he cannot satisfactorily (a) as corroborating the testimony of any witness giving evi dence in such proceedings that the accused accepted or solicited any advantage; and Fiji Independent Commission Against Corruption (b) as showing that such advantage was accepted or solicited as an inducement or reward. (2) For the purposes of subsection (1) a person accused of an offence under Part II (other than section 10) shall be presumed to be or to holding such resources or property or obtained such accretion in trust for or otherwise on behalf of the accused or as a gift from the accused.

21A. (1) In any proceedings against a person for an offence under this (a) (i) discharge by him of his duties as a prescribed offer; (ii) that any person was or was not serving at any spec (iii) (b) to be signed by the Chairman of the Public Service Com shall be admitted in such proceedings by any court on its production without further proof. (2) (a) (b) Service Commission. (3) payable under any statutory law.

22. Persons giving or receiving bribe not to be regarded as an accomplice Fiji Independent Commission Against Corruption regarded as an accomplice by reason only of any payment or delivery by by or on behalf of the person accused to him. Power to secure evidence of parties to offences 23. be prosecuted for any offence disclosed by his evidence; and upon such person giving evidence in any such proceedings no prosecution against him for any offence disclosed by his evidence therein shall be instituted or carried on unless the court before which he gives evidence considers that to the Commissioner or the Director of Public Prosecutions in writing. Burden of proof

24. In any proceedings against a person for an offence under this Promul excuse shall lie upon the accused. Frivolous, false or groundless complaints to be reported to the Commission 27. the Director of Public Prosecutions. Costs on acquittal

28. Where a person is acquitted after trial before the High Court or before a revenue. Offence of making a false report of the commission of offence, etc 29. (a) makes or causes to be made a false report of the commis sion of an offence under this Promulgation to any investigat ‘Buren’ ‘Burden’ Fiji Independent Commission Against Corruption 13; or (b) shall be guilty of an offence and shall be liable on summary conviction to a Offence to disclose identity, etc. of persons being investigated

30. (1) Any person who knowing or suspecting that an investigation in re spect of an offence alleged or suspected to have been committed (a) the person who is the subject of the investigation (the “sub ject person”) the fact that he is so subject or any details of such investigation; or (b) the identity of the subject person or the fact that the subject shall be guilty of an offence and shall be liable on conviction to a (2) Subsection (1) shall not apply as regards disclosure of any of the (a) a warrant has been issued for the arrest of the subject per son; (b) the subject person has been arrested whether with or with out warrant; (c) the subject person has been required to furnish a statutory declaration or a statement in writing by a notice served on him under section 14(1)(a) or (b); (d) a restraining order has been served on any person under section 14C(3); (e) the residence of the subject person has been searched un der a warrant issued under section 17; or (f) the subject person has been required to surrender to the Commissioner any travel document in his possession by a notice served on him under section 17A. (3) Without affecting the generality of the expression “reasonable excuse” in subsection (1) a person has a reasonable excuse as regards disclosure of any of the descriptions mentioned in that Fiji Independent Commission Against Corruption (a) (b) a serious threat to public order or to the security of Fiji or to the health or safety of the public. Protection of informers

30A. (1) (a) no information for an offence under this Promulgation shall be admitted in evidence in any civil or criminal proceeding; and (b) no witness in any civil or criminal proceeding shall be (i) to disclose the name or address of any informer who has given information to the Commissioner with respect to an offence under this Promulgation or of any person who has assisted the Commission er in any way with respect to such an offence; or (ii) to answer any question if the answer thereto would liable to inspection in any civil or criminal proceeding contain an entry in which any such informer or person is named or described passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer or such person from discovery. (2) If in any proceeding before a court for an offence under this Prom an informer willfully made a material statement which he knew or proceeding a court is of opinion that justice cannot be fully done between the parties thereto without disclosure of the name of an in permit inquiry and require full disclosure concerning the informer or such person. Failure to report an offence19 30B. (a) to whom an advantage is offered; 19 Fiji Independent Commission Against Corruption (b) from whom an advantage is solicited or accepted; or (c) who knows or has reasonable cause to believe that such act to the Commission or to the Fiji Police Force as soon as rea Consent of Commissioner or of Director of Public Prosecutions required for prosecution of offence under Part II

31. (1) No prosecution for an offence under Part II shall be instituted un less brought by the Commissioner or by the Director of Public Pros ecutions. (2) Notwithstanding subsection (1) of this section a person may be charged with an offence under Part II and may be arrested there any such person may be remanded in custody or on bail notwith standing that the consent of the Commissioner or of the Director of Public Prosecutions to the institution of a prosecution for the manded in custody or on bail for longer than 3 days on such charge unless in the meantime the consent of the Commissioner or of the Director of Public Prosecutions aforesaid has been obtained. (3) When a person is brought before a magistrate before the Com missioner or of the Director of Public Prosecutions has consented accused but he shall not be called upon to plead and the provision of the law for the time being in force relating to criminal procedure Time limit for prosecution of offences

31A. (1) Notwithstanding any time limit for the prosecution of offences pro 33A within 2 years from the time when the matter of such complaint or information respectively arose. (2) Notwithstanding any time limit for the prosecution of offences pro within 1 year from the time when the matter of such complaint or information respectively arose. Alternative convictions, and amending particulars

32. (1) proved that the accused is guilty of the offence charged but it is proved that the accused is guilty of some other offence under Part Fiji Independent Commission Against Corruption (2) If on the trial of any person for any offence under Part II there is any material variance between the particulars of the offence upon read and explain the same to the accused and the parties shall be allowed to recall and examine on matters relevant to such (3) If an amendment is made under subsection (2) after the case for the prosecution is closed no further witness may be called by the and put in evidence in rebuttal. (4) Nothing in this section shall exclude the application of any other law whereby a person may be found guilty of an offence other than that with which he is charged. Effect of conviction of an offence under this Promulgation

33. Any person convicted of an offence under Part II of this Promulgation (a) being elected as a Member of the Parliament; or (b) being or being elected or appointed as a member of the Power of court to prohibit employment of convicted person

33A. (1) that the convicted person be prohibited from taking or continuing (a) in the case where the convicted person was employed by a corporation or a public body at the time of or prior to his management of that corporation or any public body or any corporation that is a subsidiary of that corporation or any public body; or (b) in the case where the convicted person was practicing any Fiji Independent Commission Against Corruption (c) (d) as the court may determine. (2) A person in respect of whom an order under subsection (1) has been made may at any time during the continuance in force of the order apply to the court for the order to be varied or cancelled. (3) On an application under subsection (2) the court shall consider all stances since the making of the order and whether it would be in the public interest for the order to be varied or cancelled. (4) Not less than 7 days before the hearing of an application under subsection (2) the person applying shall give written notice to the Director of Public Prosecutions and to the Commissioner of his in tentions and on any hearing of an application the Director of Public Prosecutions and the Commissioner shall have the right to appear and be heard. (5) Any person in respect of whom an order under subsection (1) has been made who contravenes the order commits an offence and is Regulations and forms

34. (1) The Minister may make regulations to give effect to the provisions to be prescribed under this Promulgation. (2) Regulations made under subsection (1) may prescribe forms for use in connection with this Promulgation; and a form so prescribed Amendment of Schedule

35. The Cabinet may by order published in the Gazette amend the Schedule. PUBLIC BODIES 21 1. 21 ‘The’ Fiji Independent Commission Against Corruption 22 2.

3. Deleted 23

4. Native Lands Trust Board

5. Fijian Holdings Limited

6. Fiji National Provident Fund 7. 8.

9. Commerce Commission

10. Fiji Islands Revenue and Customs Authority

11. Fiji Development Bank

12. Yasana Holdings Limited

13. Post Fiji Limited

14. Telecom Fiji Limited

15. Vodafone Fiji Limited

16. Amalgamated Telecom Holding Limited

17. Air Terminal Services Limited

18. Air Fiji Limited 19.

20. Airports Fiji Limited

21. Deleted 25

22. Civil Aviation Authority of the Fiji Islands

23. Fiji Broadcasting Corporation Limited

24. Fiji Electricity Authority

25. Fiji Hardwood Corporation Limited

26. Fiji International Telecommunications Limited

27. Tourism Fiji

28. Fiji Investment Corporation Limited

29. Fiji Islands Trade and Investment Board

30. Fiji Pine Limited

31. Fiji Ports Corporation Limited

32. Fiji Ships and Heavy Industries Limited

33. Fiji Sports Council

34. Housing Authority

35. Fiji Shipping Corporation Limited

36. National Fire Authority

37. Land Transport Authority

38. Ports Terminal Limited

39. Reserve Bank of Fiji

40. Public Rental Board

41. Rewa Dairy Company Limited

42. Rewa Rice Limited 22 23 ‘Vodafone’ 25 - Fiji Independent Commission Against Corruption

43. Viti Corporation Limited

44. Sugar Cane Growers Council

45. Sugar Cane Growers Fund Authority 46. Given under my hand this 4th day of April 2007. J.I. ULUIVUDA President of the Republic of the Fiji Islands Fiji Independent Commission Against Corruption PREVENTION OF BRIBERY PROMULGATION 2007 (PROMULGATION NO. 12 OF 2007) PREVENTION OF BRIBERY (FORMS) REGULATIONS 2007 In exercise of the powers conferred upon me by section 34 of the Prevention of Citation

1. These Regulations may be cited as the Prevention of Bribery (Forms) Reg ulations 2007. Forms

2. The forms set out in the Schedule are prescribed for use in connection with the Prevention of Bribery Promulgation 2007. DATED this 14th day of September 2007. Fiji Independent Commission Against Corruption SCHEDULE (Regulation 2) FORMS FORM NO. 1 PREVENTION OF BRIBERY PROMULGATION FORM 1 EX PARTE APPLICATION FOR THE ISSUE OF A SEARCH WARRANT (Section 17(1)) APPLICATION Who states that he believes that in (description of premises or place) at (address of For an order under section 17(1A) of the Promulgation for a warrant directed to Dated this day of 20 (Signature of applicant) Fiji Independent Commission Against Corruption FORM NO. 2 PREVENTION OF BRIBERY PROMULGATION FORM 2 SEARCH WARRANT (Section 17(1)) WHEREAS on an application made to me this day by (name and description of Prevention of Bribery Promulgation (the Promulgation). there are (description of things) which are or which contain evidence of (description Dated this day of 20 (Magistrate) (Signature of Magistrate) Fiji Independent Commission Against Corruption SUVA OFFICE Rev. John Hunt House, 3 St. Fort Street, Suva. Fiji. P.O.Box 2335, Government Buildings, Suva, Fiji. Ph: (679) 331 0290 | Fax: (679) 331 0297 LAUTOKA OFFICE Ground Floor, Superb Investments Buildings, 30 Namoli Avenue, Lautoka. Fiji. P.O.Box 7106, Lautoka, Fiji. Ph: (679) 666 8093 | Fax: (679) 666 9083 LABASA OFFICE Top Floor, Post Fiji Building, Labasa, Fiji. P.O.Box 9, Labasa, Fiji. Ph: (679) 881 6793 | Fax: (679) 881 6792 EMAIL