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Passports (Amendment) Act 2016

REPUBLIC OF FIJI

PASSPORTS (AMENDMENT) ACT 2016

ACT NO. 14 OF 2016

I assent.

J. K. KONROTE
President

[6 June 2016]

AN ACT

TO AMEND THE PASSPORTS ACT 2002

ENACTED by the Parliament of the Republic of Fiji—

Short title and commencement

1.—(1) This Act may be cited as the Passports (Amendment) Act 2016.

(2) This Act comes into force on a date or dates appointed by the Minister by notice in the Gazette.

(3) In this Act, the Passports Act 2002 is referred to as the "Principal Act".

Section 2 amended

2. Section 2 of the Principal Act is amended by—

(a) in subsection (1), inserting the following new definitions—

""disciplined force" means—

(a) the Republic of Fiji Military Forces;

(b) the Fiji Police Force; or

(c) the Fiji Corrections Service;

"Fijian official passport" means a passport issued under section 9A;

"peacekeeping duty" means any peacekeeping or peace enforcement mission sanctioned by the Government;"; and

(b) in subsection (2), inserting " and a Fijian official passport" after "emergency passport".

New sections 9A, 9B, 9C, 9D and 9E inserted

3. The Principal Act is amended by inserting the following new sections after section 9—

"Fijian official passport

9A.—(1) A passport officer may, upon receipt of an application—

(a) made in the approved form; and

(b) endorsed by the Commander of the Republic of Fiji Military Forces, Commissioner of Police or Commissioner of the Fiji Corrections Service, as the case may be,

issue a Fijian official passport to a member of the disciplined force travelling on peacekeeping duties.

(2) A person issued with a Fijian official passport under subsection (1) must be a citizen of Fiji.

Use of Fijian official passport

9B.—(1) The Director of Immigration must, by notice in the Gazette, prescribe a list of countries within which a Fijian official passport may be used.

(2) A member of the disciplined force must not use his or her Fijian official passport for the purpose of travelling to a country that is not included in the list of countries prescribed by the Director of Immigration under subsection (1).

(3) A member of the disciplined force must not use his or her Fijian official passport for any personal travel within any of the countries prescribed under subsection (1).

(4) A member of the disciplined force who contravenes subsection (2) or (3) shall be subject to such disciplinary action as may be determined by the Commander of the Republic of Fiji Military Forces, Commissioner of Police or Commissioner of the Fiji Corrections Service, as the case may be.

Return of Fijian official passport at the end of peacekeeping duties

9C.—(1) Upon the completion of his or her peacekeeping duties, a member of the disciplined force must submit his or her Fijian official passport to the Department of Immigration upon arrival at the first point of entry in Fiji.

(2) The Department of Immigration shall, reissue a Fijian official passport that has been submitted under subsection (1) to the relevant member of the disciplined force, upon receipt of written request by the Commander of the Republic of Fiji Military Forces, Commissioner of Police or Commissioner of the Fiji Corrections Service, as the case may be, which includes—

(a) the name of the member of the disciplined force that will be engaged in the peacekeeping mission;

(b) the proposed duration of his or her peacekeeping duty; and

(c) the country within which the peacekeeping duty will be based.

(3) A member of the disciplined force who contravenes subsection (1) shall be subject to such disciplinary action as may be determined by the Commander of the Republic of Fiji Military Forces, Commissioner of Police or Commissioner of the Fiji Corrections Service, as the case may be.

Cancellation of a Fijian official passport

9D.—(1) A Fijian official passport may be cancelled by the Director of Immigration where a person who was issued with a Fijian official passport ceases to be a member of the disciplined force.

(2) A Fijian official passport cancelled in accordance with subsection (1) shall become void immediately.

Offences

9E. Any person who—

(a) makes any unauthorised alteration, addition, deletion to or in any Fijian official passport issued under this Act;

(b) issues a Fijian official passport without lawful authority;

(c) issues or produces a document that is false with the intent that the false document should be used, acted on or accepted as a Fijian official passport; or

(d) uses or issues the Fijian passport to any other person or for any other purpose contrary to the intention of section 9A,

commits an offence and is liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment of 2 years, or to both."

Passed by the Parliament of the Republic of Fiji this 2nd day of June 2016.