Constitution of Fiji: Chapter 16
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[edit] Chapter 16 Commencement, Interpretation and Repeals
[edit] Section 193 Short title and commencement
(1) This Act maybe cited as the Constitution Amendment Act 1997.
(2) Subject to this section, this Act commences on 27 July 1998.
(3) The President may, by Proclamation published in the Gazette, fix a date earlier than the date referred to in subsection (2) as the date of commencement of this Act.
(4) Nothing in this section prevents the Constituency Boundaries Commission, the Electoral Commission and the Supervisor of Elections from taking all necessary steps, on and from the date on which this Act receives the assent of the President, to determine constituency boundaries or to register voters, as the case may be, in accordance with this Act as if this Act had come into force on that date.
[edit] Section 194 Interpretation
(1) In this Constitution, unless the contrary intention appears: Act means an Act of the Parliament or a Decree; Bill of Rights means the rights and freedoms set out in Chapter 4; Bose Levu Vakaturaga means the Great Council of Chiefs established under section 3 of the Fijian Affairs Act; commission means a commission established by, or continued in existence under, this Constitution; Constitution of 1990 means the Constitution set out in the Constitution of the Sovereign Democratic Republic of Fiji (Promulgation) Decree 1990; Decree means:
(a) a Decree made by the President before the convening of the Parliament under the Constitution of 1990; or
(b) a Decree made before 5 December 1987 by the Commander and Head of the Fiji Military Government;
department means a department of the public service; disciplinary law, means a written law regulating the discipline of any disciplined Force; disciplined Force means:
(a) the Republic of Fiji Military Forces;
(b) the Fiji Police Force;
(c) he Fiji Prisons Service; or
(d) a fire or forest guard service established by a written law made by the Parliament;
Fiji means the territories which immediately before 10 October 1970 constituted the Colony or Fiji and includes any other territories declared by the Parliament to form part of Fiji; Gazette means the Fiji Republic Gazette published by order of the Government; Government means the Government of the State; judge means a judge of the High Court (including the Chief Justice), a Justice of Appeal (including the President of the Court of Appeal) or a judge of the Supreme Court; local authority means a council of a city, town or district or any other similar body prescribed by the Parliament, and includes the Council of Rotuma under the Rotuma Act and the Council of Leaders under the Banaban Settlement Act; local government officer means a person holding or acting in any office of emolument in the service of a local authority but does not include a person holding or acting in the office of a member of any such authority; meeting, in relation to a House of the Parliament, means a sitting of the House commencing when the House first meets at the beginning of a session or occurring at subsequent periods during a session and ending when the House is adjourned sine die; oath includes affirmation; Oath of Allegiance means the Oath of Allegiance set out in Part A of the Schedule; person includes a company or association or body of persons whether corporate or unincorporated; prescribed means prescribed in a written law; President means the President of the State; province means a province established under the Fijian Affairs Act; public office means:
(a) an office created by, or continued in existence under, this Constitution;
(b) an office in respect of which this Constitution makes provision;
(c) the office of a member of a commission;
(d) an office in a state service;
(e) an office of judge;
(f) an office of magistrate or an office in a court created by the Parliament;
(g) an office in, or as a member of, a statutory authority; or
(h) an office established by a written law; public service means the service of the State in a civil capacity but does not include:
(a) service in the judicial branch;
(b) service in the office of a member of a commission; or
(c) service in an office created by, or continued in existence under, this Constitution; session, in relation to the Parliament, means the sitting of the Parliament starting when it first meets after a prorogation or dissolution and ending when it is next prorogued or dissolved; sitting, in relation to a House of the Parliament, means a period during which the House is sitting continuously without adjournment, and includes any period during which the House is in committee; Speaker means the Speaker of the House of Representatives; State means the Republic of the Fiji Islands; state of emergency means a state of emergency proclaimed under Chapter 14; state service means the public service, the Fiji Police Force or the Republic of Fiji Military Forces; subordinate court means any court of law established for Fiji other than the High Court, Court of Appeal, Supreme Court or a court established by a disciplinary law; subordinate legislation means any instrument of a legislative character made in exercise of a power to make the instrument conferred by an Act; this Constitution means the Constitution Amendment Act 1997; Vice-President means the Vice-President of the State; written law means an Act or subordinate legislation.
(2) A reference in this Constitution to a power to make appointments to a public office includes a reference to:
(a) a power to make appointments on promotion and transfer to the office; and
(b) a power to appoint a person to act in the office while it is vacant or its holder is unable to perform the functions of the office.
(3) In this Constitution, unless the contrary intention appears, a reference to the holder of an office by the term designating his or her office includes a reference to any person for the time being acting in the office.
(4) A person who has been appointed to an office established by this Constitution may resign from the office by notice in writing signed by him or her addressed to the person or authority by whom he or she was appointed, and the resignation takes effect:
(a) at the time or on the date specified in the notice; or
(b) when the notice is received by the person or authority to whom it is addressed; whichever is the later.
(5) A reference in this Constitution to a power to remove a person from a public office includes a reference to:
(a) a power to require or permit the person to retire from office;
(b) a power to terminate the contract on which the person is employed; and
(c) a power not to renew the contract on which the person is employed.
(6) In this Constitution, a reference to altering any law (including this Constitution) is a reference to:
(a) repealing it with or without replacing it by another law;
(b) modifying it by amendment or otherwise;
(c) suspending its operation; or
(d) making other provision that is inconsistent with it.
(7) A person, authority or body upon which functions are conferred by this Constitution has power to do everything necessary or convenient to be done for, or in connection with, the performance of those functions.
(8) A reference in this Constitution to the Minister in relation to the doing of any thing, the participation in any consultation or the receipt of any report is a reference to the Minister who, for the time being, has been assigned responsibility for the part of the business of the Government relating to the subject matter of the activity concerned.
(9) Unless the contrary intention appears, a reference in this Constitution to a Minister includes a reference to the Minister for the time being acting for and on behalf of the first mentioned Minister.
(10) A provision of this Constitution to the effect that a person or authority is not subject to the direction or control of any other person or authority in the performance of functions or the exercise of powers is not to be construed as precluding a court of law from exercising jurisdiction in relation to a question whether the first mentioned person or authority has performed the functions or exercised the powers in accordance with this Constitution or whether that person or authority should or should not perform the functions or exercise the powers.
(11) A power conferred by this Constitution to make, grant or issue any instrument (including a proclamation, order, regulation or rule), or to give any direction, includes the power, exercisable in the like manner, to repeal, rescind, revoke, amend or vary the instrument or direction.
(12) For the avoidance of doubt, use of the word must in this Constitution imports obligation to the same extent as if the word shall were used.
[edit] Section 195 Repeals and transitional
(1) The following Acts are repealed: Constitution of the Sovereign Democratic Republic of Fiji (Promulgation) Decree 1990 Suppression of Terrorism Decree 1991 Ombudsman Decree 1987 Fiji Citizenship Act Fiji Citizenship Decree 1987 Internal Security Decree 1988 Internal Security (Suspension) Decree 1988 Industrial Associations Act (Amendment) Decree 1991 Trade Unions (Recognition) Act (Amendment) Decree 1991 Trade Unions Act (Amendment) Decree 1991 Sugar Industry (Special Protection) (Amendment) (No. 3) Decree 1991 Protection of the National Economy Decree 1991.
(2) Despite the repeal of the Constitution of the Sovereign Democratic Republic of Fiji (Promulgation) Decree 1990:
(a) Chapter XIV of the Constitution of 1990 continues in force in accordance with its tenor;
(b) subsections 132 (1), (2), (3),
(5) and (6) and section 133 of the Constitution of 1990 continue in force according to their tenor as if:
(i) the offices referred to in subsection 133 (3) included references to the Secretary-General to the Parliament and the Commissioner of Police;
(ii) the reference in paragraph 133 (4)(a) to the Judicial and Legal Services Commission included a reference to the Judicial Service Commission; and
(iii) the reference in paragraph 133 (4)(b) to the Police Service Commission were a reference to the Disciplined Services Commission;
(c) writs for the first general election under this Constitution of members of the House of Representatives must issue within the period during which they would have been required to issue under the Constitution of 1990;
(d) every person (other than a member of the Judicial and Legal Services Commission appointed under paragraph 123 (1)(c) of the Constitution of 1990) who immediately before that repeal holds or acts in a public office under an appointment made before that repeal continues to hold or act in the office in accordance with the terms of his or her appointment;
(e) all written laws in force in the State (other than the laws referred to in subsection (1)) continue in force as if enacted or made under or pursuant to this Constitution and all other law in the State continues in operation;
(f) all written laws that had been enacted or made but had not come into force before that repeal may be brought into force in accordance with their terms and apply as if enacted or made under or pursuant to this Constitution;
(g) the courts established by the Constitution of 1990 continue in existence but the Fiji Court of Appeal is to be known on and after that repeal as the Court of Appeal and references to the Fiji Court of Appeal in any written law, any commission held by a judge or any proceedings are to be read as references to the Court of Appeal;
(h) all proceedings in the courts established by the Constitution of 1990 that had commenced before that repeal but had not been determined continue, on and after that repeal, as if the provisions of this Constitution were in force at their commencement;
(i) all delegations that:
(i) had been given before that repeal by a commission or person referred to in the Constitution of 1990; and
(ii) were in force immediately before that repeal; continue in force, on and after that repeal, as if given by the corresponding commission or person referred to in this Constitution; and
(j) all proceedings before a commission or person referred to in the Constitution of 1990 that had commenced, but had not been determined, before that repeal continue, on and after that repeal, as if they had commenced before the corresponding commission or person referred to in this Constitution.
(3) Subject to section 2, written laws referred to in paragraph (2)(e) or (f) are to be construed, on and from the commencement of this Constitution, with such modifications and qualifications as are necessary to bring them into conformity with this Constitution.
