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Commerce (Amendment) Decree 2009

REPUBLIC OF FIJI ISLANDS

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COMMERCE (AMENDMENT) DECREE 2009

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GOVERNMENT OF FIJI
(DECREE NO. 53 OF 2009)

IN exercise of the powers vested in me as President of the Republic of Fiji and the Commander in Chief of the Republic of Fiji Military Forces by virtue of the Executive Authority Decree 2009, I hereby make the following Decree —

TO AMEND THE COMMERCE ACT 1998

Short Title

1. This Decree may be cited as the Commerce (Amendment) Decree 2009, and shall come into force on 23rd November 2009.

New Section 31A inserted

2. The Commerce Act 1998 ("the Act") is amended by inserting a new section after section 31 —

"31A. — (1) No Court, tribunal, commission or any other adjudicating body shall have the jurisdiction, to accept, hear, determine or in any other way entertain, any challenges whatsoever (including any application for judicial review) by any person or body, or to award any compensation or grant any other remedy to any person or body, in relation to the validity or legality or propriety or any action or decision of the Minister or the Commerce Commission in making a Price Control Order under either section 32 or section 33 of the Act or any action or decision resulting from making such an Order.

(2) Any legal proceeding, appeal or application of any form whatsoever, seeking to challenge the validity or legality of a Price Control Order made under either section 32 or section 33 of the Act or any action or decision resulting from making such an Order shall wholly terminate immediately upon the commencement of this Decree, and a Certificate to that effect shall be issued by the Chief Registrar, tribunal, commission or other relevant adjudicating body to all parties to the proceeding or application."

Section 361 revoked and replaced

3. Section 361 of the Act is revoked and replaced —

"361. — (1) No Court, tribunal, commission or any other adjudicating body shall have the jurisdiction to accept, hear, determine or in any other way entertain, any challenges whatsoever (including any application for judicial review) by any person or body, or to award any compensation or grant any other remedy to any person or body, in relation to the validity or legality or propriety of any action or decision of the Commerce Commission under Part 5A of the Act.

(2) Any legal proceeding, appeal or application of any form whatsoever, seeking to challenge the validity or legality or any action or decision of the Commerce Commission under Part 5A of the Act shall wholly terminate immediately upon the commencement of this Decree, and a Certificate to that effect shall be issued by the Chief Registrar, tribunal, commission or other relevant adjudicating body to all parties to the proceeding or application"."

GIVEN under my hand this 8th day of December 2009.

EPELI NAILATIKAU
President of the Republic of Fiji