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Revised Edition of the Laws (Consequential Amendments) Act 2016

REPUBLIC OF FIJI

REVISED EDITION OF THE LAWS (CONSEQUENTIAL AMENDMENTS) ACT 2016

ACT NO. 31 OF 2016

I assent.

J. K. KONROTE
President

[12 July 2016]

AN ACT

TO PROVIDE FOR CONSEQUENTIAL AMENDMENTS IN RELATION TO THE CONSOLIDATION OF THE LAWS OF FIJI AND RELATED MATTERS

ENACTED by the Parliament of the Republic of Fiji—

Short title and commencement

1.—(1) This Act may be cited as the Revised Edition of the Laws (Consequential Amendments) Act 2016.

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

Adoption of Infants Act (Cap. 58)

2. The Adoption of Infants Act (Cap. 58) is amended in section 3(2) by deleting "twenty-one" and substituting "18".

Advertisement Regulation Act (Cap. 127)

3. The Advertisement Regulation Act (Cap. 127) is amended in section 3(1) by deleting "Traffic Act" and substituting "Land Transport Act 1998".

Agricultural Landlord and Tenant Act (Cap. 270)

4. The Agricultural Landlord and Tenant Act (Cap. 270) is amended by—

(a) in section 48(1), deleting "Judicial and Legal Services Commission" and substituting "Judicial Services Commission"; and

(b) in section 59(1)(b), deleting "Forest Act" and substituting "Forest Act 1992".

Agricultural Marketing Authority Act 2004

5. The Agricultural Marketing Authority Act 2004 is amended by—

(a) in section 9(3), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011"; and

(b) in section 12(2), deleting "both Houses of the" after "in".

Airports (Development and Modernisation) Decree 2012

6. The Airports (Development and Modernisation) Decree 2012 is amended by—

(a) in section 2 in the definition of "Airports Fiji Limited" or "AFL", deleting "CAAF" and substituting "AFL"; and

(b) in section 11, inserting "give" before "effect".

Allied Health Practitioners Decree 2011

7. The Allied Health Practitioners Decree 2011 is amended by—

(a) in section 73(7)(d), deleting "10 penalty points" and substituting "$1,000";

(b) in section 74(1), deleting "10 penalty points" and substituting "$1,000"; and

(c) in section 76(g), deleting "10 penalty points" and substituting "$1,000".

Arms and Ammunitions Act 2003

8. The Arms and Ammunitions Act 2003 is amended by—

(a) in section 2(1) in the definition of "Commissioner", deleting "section 146 of the Constitution" and substituting "section 129 of the Constitution of the Republic of Fiji";

(b) in section 17(1)(a), deleting "Fiji Islands Customs Service" and substituting " Fiji Revenue and Customs Authority";

(c) in section 17(6), deleting "Fiji Islands Customs Service" and substituting "Fiji Revenue and Customs Authority";

(d) in section 45, deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009"; and

(e) in section 48(1)(b), deleting "Penal Code" and substituting "Crimes Act 2009".

Audit Act (Cap. 70)

9. The Audit Act (Cap. 70) is amended by—

(a) in section 2—

(i) in the definition of "Auditor-General"—

(A) inserting "under section 151(2) of the Constitution of the Republic of Fiji" after "as Auditor-General"; and

(B) deleting "or who acts as such from time to time";

(ii) in the definition of "company", deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015"; and

(iii) in the definition of "subsidiary", deleting "section 156 of the Companies Act (Cap. 247)" and substituting "section 7 of the Companies Act 2015";

(b) in section 6(1), deleting "section 167 of the Constitution" and substituting "section 152 of the Constitution of the Republic of Fiji"; and

(c) in section 7(2), deleting "section 167 of the Constitution" and substituting "section 152 of the Constitution of the Republic of Fiji".

Bail Act 2002

10. The Bail Act 2002 is amended by—

(a) in section 2 in the definition of "domestic violence offence", deleting "as defined in section 4 of the Penal Code" and substituting "pursuant to section 3 of the Domestic Violence Act 2009"; and

(b) in section 12(b), deleting "Part X of the Criminal Procedure Code" and substituting "Part 15 of the Criminal Procedure Act 2009".

Banaban Settlement Act (Cap. 123)

11. The Banaban Settlement Act (Cap. 123) is amended in section 8(3) and (5) by deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009".

Bank of South Pacific Decree 2011

12. The Bank of South Pacific Decree 2011 is amended by—

(a) in section 2—

(i) in the definition of "BSP", deleting "Part X of the Companies Act (Cap. 247)" and substituting "Part 6 of the Companies Act 2015"; and

(ii) in the definition of "tax law", deleting "Income Tax Act (Cap. 201)" and substituting "Income Tax Act 2015";

(b) in section 4(3), deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015";

(c) in section 13(2), deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015"; and

(d) in section 18(3)—

(i) in paragraph (a)—

(A) in subparagraph (ii), deleting "section 7C of the Income Tax Act" and substituting "section 12 of the Income Tax Act 2015"; and

(B) in subparagraph (iii), deleting "section 8 of the Income Tax Act" and substituting "section 10 of the Income Tax Act 2015"; and

(ii) in paragraph (b), deleting "section 8 of the Income Tax Act" and substituting "section 10 of the Income Tax Act 2015".

Bankers' Books Evidence Act (Cap. 45)

13. The Bankers' Books Evidence Act (Cap. 45) is amended in section 2 in the definition of "bank", by—

(a) deleting "Banking Act" and substituting "Banking Act 1995"; and

(b) deleting ", and includes the National Bank of Fiji".

Banking Act 1995

14. The Banking Act 1995 is amended by—

(a) in section 2—

(i) in the definition of "subsidiary", deleting "Section 156 of the Companies Act" and substituting "section 7 of the Companies Act 2015"; and

(ii) inserting the following new definition—

""equity share capital" means in relation to a company its issued share capital, excluding any part thereof which, neither as respects dividends nor as respects capital, carries any right to participate beyond a specified amount in a distribution";

(b) in section 56(1), deleting "Sections 312 to 314, and 323 to 325 of the Companies Act" and substituting "Sections 473, 479, 480 and 487 to 489 of the Companies Act 2015";

(c) in section 56(3), deleting "Sections 35, 127 to 133, 150 to 165 and Part VII of the Companies Act" and substituting "Sections 24, 153, 170 to 173, 388, 390 to 392, 397, 400 to 411, 420 to 427, 441 to 453 of the Companies Act 2015";

(d) in section 70(1)(c)—

(i) deleting "society"; and

(ii) deleting "Co-operative Societies Act" and substituting "Co-operatives Act 1996"; and

(e) in section 70(2), deleting "society" wherever it appears.

Bankruptcy Act (Cap. 48)

15. The Bankruptcy Act (Cap. 48) is amended by—

(a) in section 36(2), deleting "section 22(2) of the Fiji National Training Act" and substituting "the Fiji National University Act 2009"; and

(b) in section 133(3), deleting "section 313 of the Penal Code" and substituting "section 306 of the Crimes Act 2009".

Bills of Exchange Act (Cap. 227)

16. The Bills of Exchange Act (Cap. 227) is amended in sections 4 and 88 by inserting "New Guinea" after "Papua".

Biological and Toxin Weapons Decree 2011

17. The Biological and Toxin Weapons Decree 2011 is amended in section 8(2), by deleting "Pharmacy and Poisons Act (Cap. 115)" and substituting "Pharmacy Profession Act 2011".

Births, Deaths and Marriages Registration Act (Cap. 49)

18. The Births, Deaths and Marriages Registration Act (Cap. 49) is amended by deleting "Chief Officer of Customs" wherever it appears and substituting "proper officer of the Fiji Revenue and Customs Authority".

Boxing Commission of Fiji Promulgation 2008

19. The Boxing Commission of Fiji Promulgation 2008 is amended in section 2 in the definition of "medical practitioner", by deleting "Dental and Medical Practitioners Act" and substituting "Medical and Dental Practitioner Act 2010".

Broadcasting Commission Act (Cap. 105)

20. The Broadcasting Commission Act (Cap. 105) is amended by—

(a) in section 4(2), deleting "Permanent Secretary to the Ministry" and substituting "permanent secretary responsible for communications";

(b) in section 10(2)(f), deleting "Permanent Secretary for Posts and Telecommunications" and substituting "permanent secretary responsible for communications";

(c) in section 10A—

(i) in subsection (2), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011"; and

(ii) in subsection (3), deleting "Higher Salaries Act" and substituting "Higher Salaries Act 2011"; and

(d) in section 17—

(i) in the heading, deleting "Cap. 173" and substituting "Posts and Telecommunications Act 1989 and Telecommunications Act 2008"; and

(ii) deleting "Telecommunications Act" and substituting "Posts and Telecommunications Act 1989 and Telecommunications Act 2008".

Burial and Cremation Act (Cap. 117)

21. The Burial and Cremation Act (Cap. 117) is amended in section 3(3) by deleting "Her Majesty the Queen, Her Heirs and Successors" and substituting "the State".

Business Licensing Act (Cap. 204)

22. The Business Licensing Act (Cap. 204) is amended in section 9 by deleting "the provisions of the Registration of Business Names Act" and substituting "Division 4 of Part 3 of the Companies Act 2015".

Casino (Operator) Decree 2012

23. The Casino (Operator) Decree 2012 and any subsidiary legislation made under the Decree is repealed.

Census Act (Cap. 72)

24. The Census Act (Cap. 72) is amended in section 2 by deleting "Public Service Commission" and substituting "Minister responsible for the administration of this Act".

Chemical Weapons Convention Act 2005

25. The Chemical Weapons Convention Act 2005 is amended by—

(a) in section 3(3), deleting "section 5 of the Penal Code" and substituting "section 6 of the Crimes Act 2009";

(b) in section 11(1), deleting "Chief Executive Officer" and substituting "permanent secretary"; and

(c) in section 13(2), deleting "Part IV of the Criminal Procedure Code" wherever it appears and substituting "Part 9 of the Criminal Procedure Act 2009".

Citizenship of Fiji Decree 2009

26. The Citizenship of Fiji Decree 2009 is amended in section 21(3) by deleting "section15 of the Administration of Justice Decree 2009 (Decree No. 9)" and substituting "section 105(2) of the Constitution of the Republic of Fiji".

Civil Aviation Act (Cap. 174)

27. The Civil Aviation Act (Cap. 174) is amended in section 27 by deleting "Her Majesty" and substituting "the State".

Civil Aviation Authority of Fiji Act (Cap. 174A)

28. The Civil Aviation Authority of Fiji Act (Cap. 174A) is amended by—

(a) in section 10(3), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011"; and

(b) in section 12(1), deleting "Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011".

Civil Aviation (Convention on International Interests in Mobile Equipment) Decree 2012

29. The Civil Aviation (Convention on International Interests in Mobile Equipment) Decree 2012 is amended in section 2(1) in the definition of "UNIDROIT" by deleting "Institutional" and substituting "International".

Civil Aviation (Security) Act 1994

30. The Civil Aviation (Security) Act 1994 is amended by—

(a) in section 2(1) in the definition of "act of violence", deleting "Penal Code" and substituting "Crimes Act 2009"; and

(b) in section 4, deleting "Penal Code" and substituting "Crimes Act 2009".

Civil Evidence Act 2002

31. The Civil Evidence Act 2002 is amended by—

(a) in section 18(6), deleting "Maintenance and Affiliation Act (Cap. 52)" and "Matrimonial Causes Act (Cap. 51)" and substituting "Family Law Act 2003" respectively; and

(b) section 21(3), deleting "Section 94(2) of the Matrimonial Causes Act (Cap. 51)" and substituting "Section 188 of the Family Law Act 2003".

Civil Service Act 1999

32. The Civil Service Act 1999 is amended by—

(a) in section 3—

(i) deleting subsection (2);

(ii) in the definition of "civil service", deleting "office of Judge" and substituting "office as a Judge";

(iii) deleting the definition of "constitutional functions";

(iv) deleting the definition of "Constitutional Offices Commission";

(v) deleting the definition of "Disciplined Services Commission";

(vi) in the definition of "civil service union", deleting " the Trade Unions Act" and substituting "Part 4 of the Employment Relations Act 2007"; and

(vii) deleting the definition of "chief executive officer" and substituting the following—

""permanent secretary" means a person appointed in accordance with section 127 of the Constitution;"

(b) deleting section 4 and substituting the following—

"Civil service values

4. In addition to the values set out in section 123 of the Constitution, the civil service shall abide by the following values—

(a) the civil service respects the values, policies, rights and freedoms set out in the Constitution and Human Rights and Anti-Discrimination Commission Act 2009;

(b) employment decisions in the civil service are made without patronage, favouritism or political influence, and appointments and promotions are made on the basis of merit after an open, competitive selection process;

(c) the civil service provides adequate and equal opportunities for training and advancement in the civil service;

(d) the civil service carries out the Government's policies and programmes effectively and efficiently and with due economy;

(e) the civil service provides a working environment that is free from discrimination;

(f) the civil service is apolitical, performing its functions in aneutral, impartial and professional way;

(g) the civil service is fully accountable, within the framework of the Constitution and the Financial Management Act 2004, to the Government, the Parliament and the people of Fiji;

(h) the civil service is responsible to the Government for providing frank, honest, comprehensive, accurate and timely advice and implementing the Government's policies and programmes;

(i) the civil service has the highest ethical standards, particularly for integrity and honesty;

(j) the civil service delivers services fairly, effectively and courteously;

(k) the civil service develops and maintains leadership of the highest quality;

(l) the civil service provides a fair, flexible and rewarding workplace; and

(m) the civil service focuses on achieving results and managing performance.";

(c) in section 6(11) and (14), deleting "chief executive officer" and substituting "permanent secretary";

(d) deleting section 7 and substituting the following—

"Grounds for discipline

7. A breach of the Civil Service Code of Conduct, the provisions of this Act or any regulations or written directions issued under this Act, is a ground for disciplinary action or removal.";

(e) in section 8, deleting "chief executive officer" wherever it appears and substituting "permanent secretary";

(f) in the heading of Part 4, deleting "SERVICE COMMISSIONS GENERALLY" and substituting "GENERAL PROVISIONS"; and

(g) in section 31, deleting paragraphs (a), (b) and (e).

Coconut Industry Development Decree 2010

33. The Coconut Industry Development Decree 2010 is amended by—

(a) in section 6(3), deleting "it" and substituting "the Permanent Secretary"; and

(b) in section 10, deleting "Commissioner of Inland Revenue" and substituting "Chief Executive Officer of the Fiji Revenue and Customs Authority".

Colonial Fiji Life Act 1999

34. The Colonial Fiji Life Act 1999 is amended by—

(a) in section 12(2), deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015"; and

(b) in section 18A(1) and (2), deleting "Income Tax Act (Cap. 201)" and substituting "Income Tax Act 2015" respectively.

Commerce Commission Decree 2010

35. The Commerce Commission Decree 2010 is amended by—

(a) in section 4—

(i) deleting the definition of "related Act or Decree";

(ii) in the definition of "rent", deleting "Sewerage Act"; and

(iii) in subsection (10)(1)(b)(ii), deleting "or on particular";

(b) in section 8—

(i) in subsection (6), deleting "Higher Salaries Commission" and substituting "Minister"; and

(ii) deleting subsection (9);

(c) deleting section 13;

(d) in section 16, deleting "Chief Executive Officer" and substituting "permanent secretary";

(e) in section 17(1), deleting "Higher Salaries Commission" and substituting "Commission";

(f) in section 43C, deleting "each of";

(g) in section 43E(1), deleting "the Commerce Act and Fair Trading Decree" and substituting "this Act";

(h) in section 43H, deleting "which shall be payable in accordance with Schedule 2";

(i) in section 64(9)(b), deleting "mentioned in sub-paragraph (1) that is instituted under section 142";

(j) deleting section 91(2)(b);

(k) in section 100(1)(a)(i), deleting "or, if the total consideration";

(l) in section 139, deleting "Director" and substituting "Commission"; and

(m) in section 140, inserting the following new subsection after subsection (6)—

"(7) In this section, "relevant person" includes—

(a) a person holding money or other property on behalf of the relevant person; or

(b) if the relevant person is a body corporate, a wholly owned subsidiary of the relevant person."

Community Work Act 1994

36. The Community Work Act 1994 is amended in section 19(4) by deleting "Part IV of the Criminal Procedure Code (Cap. 21)" and substituting "the Criminal Procedure Act 2009".

Companies Act 2015

37. The Companies Act 2015 is amended by—

(a) in section 279(d)(iii), deleting "Public Trustee appointed under" and substituting "Fiji Public Trustee Corporation Limited, as referred to in";

(b) in section 473(1)(e), deleting "Fiji National Provident Fund Act (Cap. 219)" and substituting "Fiji National Provident Fund Act 2011";

(c) in section 543(2)(f), deleting "the Public Trustee" and substituting "Fiji Public Trustee Corporation Limited"; and

(d) in section 686(3), deleting "Registrar and" wherever it appears and substituting "Registrar or".

Compulsory Registration of Customers for Telephone Services Decree 2010

38. The Compulsory Registration of Customers for Telephone Services Decree 2010 is amended in section 8(1) by deleting "given" and substituting "gifted".

Consular Conventions (Administration of Estates) Act (Cap. 63)

39. The Consular Conventions (Administration of Estates) Act (Cap. 63) is amended in section 3(1) by deleting "Public Trustee Act" and substituting "Fiji Public Trustee Corporation Act 2006".

Consumer Council Act (Cap. 235)

40. The Consumer Council Act (Cap. 235) is amended by—

(a) in section 4(6A), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011"; and

(b) in section 13, deleting "Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011".

Consumer Credit Act 1999

41. The Consumer Credit Act 1999 is amended by—

(a) in section 2, inserting the following new definition—

""Department" means the Department of National Trade Measurement and Standards;";

(b) in section 78(3), inserting "gives written notice of an intention to" after "subsection (1)";

(c) in section 78(4), inserting "and" after "goods (";

(d) in section 113(2), deleting "of Fair Trading and Consumer Affairs"; and

(e) in section 172(2), deleting "of Fair Trading and Consumer Affairs". '

Co-operative Dairy Companies (Cap. 119)

42. The Co-operative Dairy Companies Act (Cap. 119) is amended by—

(a) in section 2 in the definition of "co-operative dairy company", deleting "Companies Act" and substituting "Companies Act 2015";

(b) in section 4(1), deleting "Companies Act" and substituting "Companies Act 2015";

(c) in section 4(2), deleting "sub-paragraph (iii) of paragraph (b) of the proviso to subsection (2) of section 21 of the Companies Act and the provisions of section 60 of the Co-operative Societies Act" and substituting "section 25(c) of the Companies Act 2015, item 8 of paragraph 2(c)(i) of Schedule1 to the Companies Act 2015 and section 118 of the Co-operatives Act 1996";

(d) in section 4(3), deleting "Companies Act" and substituting "Companies Act 2015";

(e) in section 8, deleting "memorandum" and substituting "articles"; and

(f) in section 9(1), deleting "Companies Act) or in the memorandum or" and substituting "Companies Act 2015) or in the".

Co-operatives Act 1996

43. The Co-operatives Act 1996 is amended by—

(a) in section 2 in the definition of "co-operative", deleting "Employment Act" and substituting "Employment Relations Act 2007"; and

(b) in paragraph 44 of the First Schedule, deleting "subsection (2) of section 113" and substituting "section 114(3)".

Copra Industry Loans Act (Cap. 153)

44. The Copra Industry Loans Act (Cap. 153) is amended in section 3(a) by deleting" the House of Representatives" and substituting "Parliament".

Copyright Act 1999

45. The Copyright Act 1999 is amended by—

(a) in the definition of "legal practitioner", deleting "Legal Practitioners Act 1996" and substituting "Legal Practitioners Act 2009";

(b) in section 27(1)(a), deleting "the House of Representatives" and substituting "Parliament";

(c) in section 68(1), deleting "Administrator-General" and substituting "Solicitor-General";

(d) in section 139(2), deleting "156 of the Companies Act (Cap. 247)" and substituting "section 7 of the Companies Act 2015"; and

(e) in section 194(5), deleting "section 165 of the Criminal Procedure Code (Cap. 21)" and substituting "section 156 of the Criminal Procedure Act 2009".

Corrections Service Act 2006

46. The Corrections Service Act 2006 is amended by—

(a) in section 2, deleting the definition of "Human Rights Commission" and substituting the following—

""Human Rights and Anti-Discrimination Commission" means the Human Rights and Anti-Discrimination Commission established under the Human Rights and Anti-Discrimination Commission Act 2009 and continued in existence under section 45 of the Constitution of the Republic of Fiji;";

(b) in section 2 in the definition of "Magistrate", deleting "section 133 of the Constitution" and substituting "section 107 of the Constitution of the Republic of Fiji";

(c) in section 2 in the definition of "senior officer", deleting ", with the approval of the Discipline Services Commission";

(d) in section 3(a), deleting "section 43(2) of the Constitution" and substituting "section 7(1) of the Constitution of the Republic of Fiji";

(e) in section 7, deleting "and conditions of employment approved by the Disciplined Services Commission";

(f) in section 7(c), deleting "section 154(2) of the Constitution" and substituting "section 130(7) of the Constitution of the Republic of Fiji";

(g) in section 7(j), deleting "section 140 of the Constitution" and substituting "section 123(i) of the Constitution of the Republic of Fiji";

(h) in section 8(d), deleting "in accordance with any determination of the Disciplined Services Commission, or";

(i) in section 10(2), deleting "and shall be as determined by the Disciplined Services Commission";

(j) in section 15(1), deleting "Chief Executive Officer for the Ministry responsible for Health" and substituting "permanent secretary responsible for health;

(k) in section 15(2), deleting "Chief Executive Officer for Health" and substituting "permanent secretary responsible for health;

(l) in section 17(3), deleting "Chief Executive Officer for the Ministry" and substituting "permanent secretary";

(m) in the heading of section 20, deleting "Ombudsman" and substituting "Accountability and Transparency Commission";

(n) in section 20(2), deleting "Human Rights Commission Act" and substituting "Human Rights and Anti-Discrimination Commission Act 2009";

(o) in section 20(3), deleting "Ombudsman" and substituting "Accountability and Transparency Commission";

(p) in section 49(2)(c), deleting "by the Higher Salaries Commission" and substituting "by the Minister";

(q) in section 54(1)(c), deleting ", consistent with the determinations and procedures of the Disciplined Services Commission";

(r) in section 54(1)(e)(iii), deleting "Ombudsman" and substituting" Accountability and Transparency Commission"; and

(s) deleting "Human Rights Commission" wherever it appears and substituting "Human Rights and Anti-Discrimination Commission".

Court of Appeal Act (Cap. 12)

47. The Court of Appeal Act (Cap. 12) is amended by—

(a) in section 12(1)(b), deleting "Supreme Court under the provisions of the Matrimonial Causes Act" and substituting "Family Division of the High Court under the provisions of the Family Law Act 2003";

(b) in section 12(2)(f)(iii), deleting "Companies Act" and substituting "Companies Act 2015";

(c) in section 22(2), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009"; and

(d) in section 34(4), deleting "Controller of Prisons" wherever it appears and substituting "Commissioner of Fiji Corrections Service".

Credit Unions Act (Cap. 251)

48. The Credit Unions Act (Cap. 251) is amended in section 68(a) by deleting "Companies Act" and substituting "Companies Act 2015".

Crimes Decree 2009

49. The Crimes Decree 2009 is amended by—

(a) in section 48(7)(e), deleting "number of penalty units equal to the maximum number of penalty units" and substituting "maximum fine";

(b) in section 67(2), deleting "2 penalty points" and substituting "$200"; and

(c) in section 150, deleting "50 penalty points" and substituting "$5,000".

Criminal Procedure Decree 2009

50. The Criminal Procedure Decree 2009 is amended in section 162(1)(h) by deleting "girl" and substituting "person".

Customs Act 1986

51. The Customs Act 1986 is amended by—

(a) in section 2—

(i) deleting the definition of "Customs";

(ii) in the definition of "Customs dog", deleting "by Customs" and substituting "by the Fiji Revenue and Customs Authority";

(iii) in the definition of "customs revenue", deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(iv) in the definition of "parcel", deleting "Post Office Act" and substituting "Posts and Telecommunications Act 1989";

(v) in the definition of "secure export scheme", deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(vi) in the definition of "system", deleting "Customs" and substituting "Fiji Revenue and Customs Authority"; and

(vii) in the definition of "warrant", deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(b) in section 3(5), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(c) in section 4(1A)(b), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(d) in section 7(1), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(e) in section 8—

(i) in subsection (1), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(ii) in subsection (2)(a), (e) and (j), deleting "Customs" and substituting "Fiji Revenue and Customs Authority"; and

(iii) in subsection (6)(a), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(f) in section 10—

(i) in subsection (1), deleting "Customs" and substituting "Fiji Revenue and Customs Authority"; and

(ii) in subsection (3), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(g) in section 11, deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(h) in section 31—

(i) in subsection (2), deleting "Customs" wherever it appears and substituting "Fiji Revenue and Customs Authority"; and

(ii) in subsection (4), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(i) in section 35(1), deleting "Customs" wherever it appears and substituting "Fiji Revenue and Customs Authority";

(j) in section 36D(2), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(k) in section 36F(1), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(l) in section 63(3)(c), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(m) in section 65A(3), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(n) in section 66E—

(i) in paragraph (a), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(ii) in paragraph (b)(i), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(iii) in paragraph (c)(i) and (ii), deleting "Customs" and substituting "Fiji Revenue and Customs Authority"; and

(iv) in paragraph (d)(i), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(o) in section 66G, deleting "Customs" wherever it appears and substituting "Fiji Revenue and Customs Authority";

(p) in section 66H(1), deleting "Customs" wherever it appears and substituting "Fiji Revenue and Customs Authority";

(q) in section 67(3A), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(r) in section 87, deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(s) in section 92—

(i) in subsection (6A), deleting "section 7(2) of the Schedule 12 of the Income Tax Act" and substituting "regulation 7 of the Income Tax (Tax Free Region Incentives) Regulations 2016"; and

(ii) in subsection (10), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(t) in section 94(3), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(u) in section 95(2), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(v) in section 95A(1), deleting "The Commissioner of Inland Revenue" and substituting "A proper officer";

(w) in section 101A(3), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(x) in section 103—

(i) in subsection (1), deleting "Customs" and substituting "Fiji Revenue and Customs Authority"; and

(ii) in subsection (3)(c), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(y) in section 104(2), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(z) in section 109(3), deleting "an officer of no lesser rank than a Collector" and substituting "a proper officer";

(aa) in section 109A—

(i) in subsection (1), deleting "officer of or above the rank of Collector" and substituting "proper officer"; and

(ii) in subsection (2), deleting "of no lesser rank than a Collector";

(ab) in section 114A—

(i) in subsection (1), deleting "Customs" and substituting "Fiji Revenue and Customs Authority"; and

(ii) in subsection (3)(a), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(ac) in section 114B, deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(ad) in section 119, deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(ae) in section 123—

(i) in paragraph (e), deleting "Customs" and substituting "Fiji Revenue and Customs Authority"; and

(ii) in paragraph (f), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(af) in section 128(1)(a) and (b), deleting "Customs" wherever it appears and substituting "Fiji Revenue and Customs Authority";

(ag) in section 129(2)(e), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(ah) in section 134(1)(c), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(ai) in section 137A(4), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(aj) in section 137C, deleting "Customs" wherever it appears and substituting "Fiji Revenue and Customs Authority";

(ak) in section 143C, deleting "Income Tax Act" and substituting "Tax Administration Act 2009";

(al) in section 144(3)(a), deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(am) in section 146, deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(an) in section 165A, deleting "Customs" wherever it appears and substituting "Fiji Revenue and Customs Authority";

(ao) in section 171, deleting "Customs" and substituting "Fiji Revenue and Customs Authority";

(ap) in section 187, deleting "Customs" and substituting "Fiji Revenue and Customs Authority"; and

(aq) in section 191(1)(a), deleting "Customs" and substituting "Fiji Revenue and Customs Authority".

Customs Tariff Act 1986

52. The Customs Tariff Act 1986 is amended by inserting the following new section after section 2—

"Interpretation

2A. In this Act, unless the context otherwise requires—

""Comptroller" has the meaning given to it by section 2 of the Customs Act 1986."

Dairy Restructure Decree 2010

53. The Dairy Restructure Decree 2010 is amended by—

(a) in section 4—

(i) in the definition of "director", deleting "Companies Act [Cap. 247]" and substituting "Companies Act 2015";

(ii) in the definition of "FCDL", deleting "Companies Act Cap. 247" and substituting "Companies Act 2015"; and

(iii) in the definition of "FDL", deleting "Companies Act [Cap. 247]" and substituting "Companies Act 2015";

(b) in section 12, deleting "Income Tax Act Cap. 201" and substituting "Income Tax Act 2015";

(c) in section 18—

(i) in subsection (1), deleting "section 21 of the Companies Act Cap. 247" and substituting "section 25 of the Companies Act 2015"; and

(ii) in subsection (2), deleting "Companies Act Cap. 247" and substituting "Companies Act 2015";

(d) in section 20, deleting "Companies Act Cap. 247" and substituting "Companies Act 2015"; and

(e) in section 21, deleting "Companies Act [Cap. 247]" and substituting "Companies Act 2015".

Dangerous Drugs Act (Cap. 114)

54. The Dangerous Drugs Act (Cap. 114) is amended by—

(a) in section 8(b), deleting "Section 29 of the Penal Code" and substituting "section 26 of the Sentencing and Penalties Act 2009"; and

(b) in Form B of the First Schedule, deleting "Post Office Act" and substituting "Posts and Telecommunications Act 1989".

Defamation Act (Cap. 34)

55. The Defamation Act (Cap. 34) is amended by—

(a) deleting "Telecommunications Act" wherever it appears and substituting "Posts and Telecommunications Act 1989 and the Telecommunications Act 2008";

(b) in section 17, deleting "House of Representatives" and substituting "Parliament";

(c) in Part I of the Schedule, deleting in paragraph 2, "Government of Fiji or Her Majesty's Government in the United Kingdom is a member, of any international conference to which the Government of Fiji or Her Majesty's Government in the United Kingdom sends a representative" and substituting the following— "Government of the Republic of Fiji is a member of any international conference to which the Government of the Republic of Fiji sends a representative"; and

(d) in Part II of the Schedule—

(i) in paragraph 10, deleting "by Her Majesty, by the Governor-General" and substituting "by the State, by the President"; and

(ii) in paragraph 11, deleting "Companies Act" and substituting "Companies Act 2015".

Denarau (Nadi River) Development Decree 2011

56. The Denarau (Nadi River) Development Decree 2011 is amended in section 6(4) by—

(a) deleting "100 penalty points" and substituting "$10,000"; and

(b) deleting "10 penalty points" and substituting "$100".

Domestic Violence Decree 2009

57. The Domestic Violence Decree 2009 is amended by—

(a) in section 2 in the definition of "Commissioner of Police" after "(Decree No. 6)", inserting "and continued in existence under section 129 of the Constitution of the Republic of Fiji";

(b) in section 2 in the definition of "domestic violence offence", deleting "a domestic violence offence as defined in section 4 of the Penal Code" and substituting the following—

"(a) a personal violence offence committed by the offender against a person with whom the offender is or has been in a family or domestic relationship;

(b) a property damage offence committed by the offender against a person with whom the offender is or has been in a family or domestic relationship; or

(c) the offence of breach of a domestic violence restraining order under section 77;";

(c) in section 19(1), deleting paragraph (c)(iii) and (iv) and substituting the following—

"(iii) the Fiji Public Trustee Corporation Limited when undertaking management and care of the property of a person of unsound mind under section 20(1) of the Fiji Public Trustee Corporation Act 2006 or another person holding an appointment in respect of the affairs of a person of unsound mind; or

(iv) the Fiji Public Trustee Corporation Limited when holding an appointment under section 20(2) of the Fiji Public Trustee Corporation Act 2006 to undertake the management and care of the property of an incapable person."; and

(d) in the Schedule, deleting Part 3 and Part 4.

Drainage Act (Cap. 143)

58. The Drainage Act (Cap. 143) is amended by—

(a) in section 2 in the definition of "owner", deleting "and Surveyor-General"; and

(b) deleting the Schedule.

Dumping and Countervailing Duties Act 1998

59. The Dumping and Countervailing Duties Act 1998 is amended by—

(a) in section 2, deleting the definition of "director";

(b) deleting section 19 and substituting the following—

"Enforcement

19. For the purposes of the discharge of the function of the Comptroller under this Act, sections 18, 119(1) to (9), 126, 128, 129, 130, 131, 132, 133, 134, 135, 139, 142, 143, 144 and 155 of the Commerce Commission Act 2010 shall apply with necessary modifications."; and

(c) deleting "director" or "Director" wherever it appears and substituting "Comptroller".

Education Act (Cap. 262)

60. The Education Act (Cap. 262) is amended in section 30, deleting "For the purposes of this section, the expression "publication" and "periodical publication" have the meaning assigned to them respectively in section 60 of the Penal Code, and such a declaration as aforesaid shall be deemed to extend to all copies, in whatever language, of such publication or periodical publication" and substituting the following—

"For the purpose of this section—

"periodical publication" includes every publication issued periodically, or in parts or numbers at intervals, whether regular or irregular; and

"publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape or in any manner capable of suggesting words or ideas, and every copy and reproduction of any publication,

and such declaration shall be deemed to extend to all copies, in whatever language, of such publication or periodical publication.".

Electoral (Registration of Voters) Decree 2012

61. The Electoral (Registration of Voters) Decree 2012 is amended in the definition of "election" by deleting "House of Representatives" and substituting "Parliament".

Electricity Act (Cap. 180)

62. The Electricity Act (Cap. 180) is amended by—

(a) in section 2 in the definition of "grievous harm and harm", deleting "Penal Code" and substituting "Crimes Act 2009";

(b) in section 11B(1), deleting "by the Higher Salaries Commission" and substituting "in accordance with Higher Salaries Act 2011";

(c) in section 11B(2), deleting "Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011";

(d) in section 12, deleting "Penal Code" and substituting "Crimes Act 2009"; and

(e) in section 32, deleting "section 8 of the Constitution" and substituting "section 27 of the Constitution of the Republic of Fiji".

Employment Relations Promulgation 2007

63. The Employment Relations Promulgation 2007 is amended by—

(a) in section 8(3), deleting "section 38 of the Constitution" and substituting "section 26 of the Constitution of the Republic of Fiji";

(b) deleting section 36(2);

(c) in section 110(5), deleting "Fiji Human Rights Commission Act 1999" and substituting "Human Rights and Anti-Discrimination Commission Act 2009";

(d) in section 140(c), deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015";

(e) in section 147(2), deleting "Criminal Procedure Code (Cap. 21)" and substituting "Criminal Procedure Act 2009";

(f) in section 208, deleting "by the Higher Salaries Commission" and substituting "by the Minister";

(g) in section 219, deleting "section 132(2) of the Constitution" and substituting "section 106(2) of the Constitution of the Republic of Fiji"; and

(h) in paragraph 9 of Schedule 3, deleting "after consulting the Higher Salaries Commission".

Endangered and Protected Species 2002

64. The Endangered and Protected Species Act 2002 is amended by—

(a) in section 6(1)(c), deleting "both Houses of"; and

(b) in section 31, deleting "Finance Act" and substituting "Financial Management Act 2004".

Environment Management Act 2005

65. The Environment Management Act 2005 is amended by—

(a) in section 2, deleting the definition of "Chief Executive Officer" and inserting the following new definition—

"Permanent Secretary" means the permanent secretary responsible for environment";

(b) in section 3(1), deleting "section 5 of the Penal Code" and substituting "section 6 of the Crimes Act 2009";

(c) in section 7(1)(b), deleting "Chief Executive Officers for the Ministries" and substituting "permanent secretaries";

(d) in section 9(2), deleting "after consulting the Higher Salaries Commission";

(e) in sections 10(7), 22(5) and 23(5), deleting "each House of";

(f) in section 15(1), deleting "chief executive officer of a Ministry, department" and substituting "permanent secretary";

(g) in section 56(5), deleting "after consulting the Higher Salaries Commission";

(h) deleting "Chief Executive Officer" wherever it appears and substituting "permanent secretary"; and

(i) in item 5 of Schedule 1, deleting "Litter Decree" and substituting "Litter Act 2008".

Evidence Act (Cap. 41)

66. The Evidence Act (Cap. 41) is amended in section 9(5) by deleting "section 157 of the Criminal Procedure Code" and substituting "section 144 of the Criminal Procedure Act 2009".

Exchange Control Act (Cap. 211)

67. The Exchange Control Act (Cap. 211) is amended in section 10(2) by—

(a) deleting "; and, if, by virtue of this subsection, the number of the subscribers of the memorandum who, on its registration, become members of the company is less than the minimum number required to subscribe the memorandum, the provisions of the said Act relating to the carrying on of business of a company the number of whose members is reduced below the legal minimum shall apply to the company as if the number of its members had been so reduced" and substituting "unless by virtue of this subsection, the number of the subscribers of the articles who, on its registration, become members of the company is less than one"; and

(b) deleting "memorandum" wherever it appears and substituting "articles".

Excise Act 1986

68. The Excise Act 1986 is amended by—

(a) in section 7(3), deleting "Public Trustee" wherever it appears and substituting "Fiji Public Trustee Corporation Limited"; and

(b) in section 22B(2), deleting "Law" and substituting "Act".

Explosives Act (Cap. 189)

69. The Explosives Act (Cap. 189) is amended in section 19 by deleting "Her Majesty's Forces" wherever it appears and substituting "the Republic of the Fiji Military Forces".

Extradition Act 2003

70. The Extradition Act 2003 is amended by—

(a) in section 2 in the definition of "prison", deleting "Prisons Act" and substituting "Corrections Service Act 2006"; and

(b) in section 4(d), deleting "Penal Code" and substituting "Crimes Act 2009".

Factories Act (Cap. 99)

71. The Factories Act (Cap. 99) is amended by—

(a) deleting sections 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 28, 29, 30, 31, 32, 54, 55, 56, 57, 58, 59, 60, 61, 63, 64, 65, 66,67, 68, 69, 70 and 71 of the Act;

(b) in section 98—

(i) in subsection (1), deleting "either in addition to, or in substitution for, or by way of extension or variation of, any of the provisions of Part III"; and

(ii) deleting subsection (2); and

(c) in section 99—

(i) in subsection (2)(c), deleting "III to" and substituting "5 and"; and

(ii) deleting subsection (4).

Fair Rents Act (Cap. 269)

72. The Fair Rents Act (Cap. 269) is amended by—

(a) in section 5(7), deleting "Commissioner of Water Supply" and substituting "Water Authority of Fiji";

(b) in section 10(3), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(c) in section 19(1)—

(i) in paragraph (h)—

(A) deleting "Her Majesty's forces" and substituting "the Republic of the Fiji Military Forces"; and

(B) deleting "Her Majesty" and substituting "the State"; and

(ii) in paragraph (j)(ii)—

(A) deleting "Her Majesty's forces" and substituting "the Republic of the Fiji Military Forces"; and

(B) deleting "Her Majesty" and substituting "the State".

Family Law Act 2003

73. The Family Law Act 2003 is amended by—

(a) in section 2(1) in the definition of "Family Law Council", inserting "or the Council" before "means";

(b) in section 5(1), deleting "responsible for" after "Department" and substituting "of";

(c) in section 16(2) and (4), deleting "section 134 of the Constitution" and substituting "section 105(1) of the Constitution of the Republic of Fiji";

(d) in section 23(3), deleting "Public Service Commission" and substituting "Judicial Services Commission"; and

(e) in section 204(12), deleting "each House of the Parliament within 15 sitting days of that House" and substituting "Parliament within 15 sitting days".

Fiji Development Bank Act (Cap. 214)

74. The Fiji Development Bank Act (Cap. 214) is amended by—

(a) in section 7(1A), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011";

(b) in section 7(1B), deleting "Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011"; and

(c) in section 19(2) deleting "section 335 of the Companies Act" and substituting " section 506 of the Companies Act 2015".

Fiji Independent Commission Against Corruption Promulgation 2007

75. The Fiji Independent Commission Against Corruption Promulgation 2007 is amended by—

(a) in section 12B(3), deleting "Penal Code" and substituting "Crimes Act 2009";

(b) in section 13D, deleting "police" and substituting "Fiji Police Force";

(c) in section 13F—

(i) in the heading, deleting "police" and substituting "Fiji Police Force";

(ii) in subsection (1), deleting "police" after the words "Commissioner and the" and substituting "Fiji Police Force";

(iii) in subsection (2)(b), deleting "police" and substituting "Fiji Police Force";

(iv) in subsection (4), deleting "police" and substituting "Fiji Police Force"; and

(v) in subsection (5), deleting "police" and substituting "Fiji Police Force"; and

(d) in section 20, deleting "Penal Code" and substituting "Crimes Act 2009".

Fiji International Event Decree 2014

76. The Fiji International Event Decree 2014 is amended in section 2 by deleting "Income Tax Act (Cap. 201)" and substituting "Income Tax Act 2015".

Fiji Law Reform Commission Act (Cap. 26)

77. The Fiji Law Reform Commission Act (Cap. 26) is amended in section 3 by—

(a) in subsection (2), deleting "President, acting in accordance with the advice of the Prime Minister given after he or she has consulted the Leader of the Opposition" and substituting "Attorney-General in consultation with the Chief Justice";

(b) deleting subsection (5) and substituting the following— "(5) The chairperson of the Commission shall be entitled to such remuneration and allowances determined by the Attorney-General.";

(c) in subsection (7), deleting "Public Service Commission in consultation with the";

(d) in subsection (8)—

(i) in paragraph (a), deleting "Judicial and Legal Services Commission" and substituting "Solicitor-General";

(ii) in paragraph (b), deleting "Judicial and Legal Services Commission" and substituting "Solicitor-General"; and

(iii) in paragraph (c), deleting "Public Service Commission" and substituting "Solicitor-General".

Fiji National Council for Disabled Persons Act 1994

78. The Fiji National Council for Disabled Persons Act 1994 is amended in section 10(4) by deleting "and where the salary limit demands by the Higher Salaries Commission".

Fiji National Provident Fund Decree 2011

79. The Fiji National Provident Fund Decree 2011 is amended by—

(a) in section 4(1)—

(i) in the definition of "disqualified person", deleting "section 187 or 190 of the Companies Act (Cap. 247)" and substituting "section 93 or Part 12 of the Companies Act 2015";

(ii) in the definition of "holding company", deleting "section 156 of the Companies Act (Cap. 247)" and substituting "the Companies Act 2015";

(iii) deleting the definition of "penalty unit"; and

(iv) in the definition of "subsidiary", by deleting "section 156 of the Companies Act (Cap. 247)" and substituting "section 7 of the Companies Act 2015";

(b) in section 12, deleting "Higher Salaries Commission (Revocation) Decree 2011" and substituting "Higher Salaries Act 2011";

(c) in section 104(3), deleting "Deportation Act (Cap. 90) or the deportation or removal of the person from Fiji under the"; and

(d) in section 135(6), deleting "section 4 of the Income Tax Act (Cap. 201)),

the Board, the Commissioner of Inland Revenue" and substituting "section52 of the Fiji Revenue and Customs Authority Act 1998), the Board, the Chief Executive Officer of Fiji Revenue and Customs Authority".

Fiji Pine Act 1990

80. The Fiji Pine Act 1990 is amended in section 2 in the definition of Minister, by deleting "means the Minister for Forests or any Minister to whom has been assigned the responsibility for forestry" and substituting "means the Minister responsible for forestry;".

Fiji Public Trustee Corporation Act 2006

81. The Fiji Public Trustee Corporation Act 2006 is amended by—

(a) deleting the definition of "Commerce Commission" and substituting with the following—

"Commerce Commission" means the Fiji Commerce Commission established under Part 2 of the Commerce Commission Act 2010;

(b) in subsection 5(5)(a), deleting "Memorandum and";

(c) in section 27—

(i) in subsection (1), deleting "section 35(2) of the Fiji National Provident Fund Act (Cap. 219)" and substituting "section 36(4) of the Fiji National Provident Fund Act 2011"; and

(ii) in subsection (3), deleting "Notwithstanding section 35(2) of the Fiji National Provident Fund Act (Cap. 219)" and substituting "In accordance with section 36(4) of the Fiji National Provident Fund Act 2011".

Fiji Revenue and Customs Authority Act 1998

82. The Fiji Revenue and Customs Authority Act 1998 is amended by—

(a) in section 27(2)(a)(iii), inserting ", Customs Tariff Act 1986" after "1986";

(b) in section 32, deleting "Penal Code" and substituting "Crimes Act 2009"; and

(c) deleting "Wreck and Salvage Act (Cap. 198)" in Schedule 1.

Fiji Sports Council Act (Cap. 271A)

83. The Fiji Sports Council Act (Cap. 271A) is amended by—

(a) in section 6A, deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011"; and

(b) in section 9, deleting "Finance Act" and substituting "Financial Management Act 2004".

Fiji Teachers Registration Promulgation 2008

84. The Fiji Teachers Registration Promulgation 2008 is amended in section 47(3) by deleting "Reform".

Film Fiji Act 2002

85. The Film Fiji Act 2002 is amended by—

(a) in section 5(2)(d), deleting "Income Tax Act" and substituting "Income Tax (Film-making and Audio-visual Incentives) Regulations 2016";

(b) in section 10(1)(c), deleting "Sixth Schedule to the Income Tax Act" and substituting "Income Tax (Film-making and Audio-visual Incentives) Regulations 2016"; and

(c) in section 11(3), deleting "both Houses of the".

Financial Transactions Reporting Act 2004

86. The Financial Transactions Reporting Act 2004 is amended by—

(a) in section 23(2), deleting "Higher Salaries Commission" and substituting "Minister responsible for finance"; and

(b) in the Schedule—

(i) in paragraph (h), deleting "as defined in the Capital Markets Development Authority Act 1996"; and

(ii) in paragraph (u)—

(A) deleting "a common gaming" and substituting "any gaming"; and

(B) deleting "Gaming Act (Cap. 273)" and substituting "Gaming Act 2009".

Fisheries Act (Cap. 158)

87. The Fisheries Act (Cap. 158) is amended in section 2 in the definition of "fisheries officer" by deleting "Public Service Commission" and substituting "permanent secretary responsible for fisheries".

Food Safety Act 2003

88. The Food Safety Act 2003 is amended in section 68 by deleting "in both Houses of" and substituting "Parliament".

Foreign Investment Act 1999

89. The Foreign Investment Act 1999 is amended in section 14(1) by deleting "section40 of the Constitution" and substituting "section 27 of the Constitution of the Republic of Fiji".

Forest Decree 1992

90. The Forest Decree 1992 is amended in section 3 by deleting "Public Service Commission" and substituting "permanent secretary responsible for forests with the approval of the Minister responsible for forests".

Fruit Export and Marketing Act (Cap. 154)

91. The Fruit Export and Marketing Act (Cap. 154) is amended by—

(a) deleting section 2 and substituting the following—

"Interpretation

2. For the purposes of this Act—

"fruit" includes vegetables, trees, plants, shrubs and roots, and the unmanufactured products of trees, plants shrubs and roots; and

"Permanent Secretary" means the permanent secretary responsible for agriculture.";

(b) in section 7(1), deleting "for Primary Industries"; and

(c) in section 12(2), deleting "for Primary Industries".

Gambling Turnover Tax Decree 1991

92. The Gambling Turnover Tax Decree 1991 is amended by—

(a) in section 2, deleting the definition of "Commissioner" and substituting the following—

""CEO" means the Chief Executive Officer of the Fiji Revenue and Customs Authority under section 27 of the Fiji Revenue and Customs Authority Act 1998;";

(b) in section 6(1)(b), deleting "and authorised officer (within the meaning of section 41 of the Income Tax Act 1974)";

(c) deleting section 10(3); and

(d) deleting "Commissioner" wherever it appears and substituting "CEO".

Health and Safety at Work Act 1996

93. The Health and Safety at Work Act 1996 is amended by—

(a) in section 3(6), deleting "domestic servant" and substituting "domestic worker";

(b) in section 5—

(i) deleting the definition of "domestic servant" and inserting the following new definition—

""domestic worker" means a person defined as a domestic servant under the Employment Relations Act 2007"; and

(ii) in the definition of "ionising radiation", deleting "Ionising Radiations Act" and substituting "Radiation Health Act 2009"; and

(c) in section 60, deleting "Ionising Radiations Act" and substituting "Radiation Health Act 2009".

High Court Act (Cap. 13)

94. The High Court Act (Cap. 13) is amended by—

(a) in section 2 in the definition of "Court or High Court", deleting "Constitution of the Sovereign Democratic Republic of Fiji (Promulgation) Decree 1990" and substituting "Constitution of the Republic of Fiji";

(b) in section 5(1), deleting "126(1) of the Constitution" and substituting "100(1) of the Constitution of the Republic of Fiji";

(c) in section 5A(1), deleting "section 130 of the Constitution" and substituting "section 105(2) of the Constitution of the Republic of Fiji";

(d) in section 15, deleting "Finance (Control and Management) Act" and substituting "Financial Management Act 2004";

(e) in section 18(1), deleting "Constitution Amendment Act 1997" and substituting "Constitution of the Republic of Fiji"; and

(f) in section 21J—

(i) in the heading, inserting "allegiance and" after "of";

(ii) deleting "an" and substituting "the";

(iii) inserting "of allegiance and office" after "affirmation";

(iv) deleting "Chief Justice" and substituting "President"; and

(v) deleting "Part D of the Schedule to the Constitution" and substituting "the Schedule to the Constitution of the Republic of Fiji".

Higher Salaries Commission (Revocation) Decree 2011

95. The Higher Salaries Commission (Revocation) Decree 2011 is amended by—

(a) in section 1, deleting "Higher Salaries Commission (Revocation) Decree 2011" and substituting "Higher Salaries Act 2011";

(b) in section 3—

(i) deleting subsection (1)(a), (b), (c) and (d) and substituting the following—

"(a) the salaries and benefits of the chief executive officer (or any other similar titled position) of any board, corporation, authority or body and any Government controlled company listed in the Schedule to the Act, shall be determined as the case may be, by a Minister, authority or body prescribed under any written law which appoints or has authority over any such board, corporation, Government controlled company, authority or body, following approval of the Minister responsible for public enterprises and the Prime Minister; and

(b) the salaries and benefits of the special administrator and the chief executive officer (or any other similar titled position) of any city, town and district council constituted under the Local Government Act 1972 shall be determined by the Minister responsible for local government, following approval of the Prime Minister.";

(ii) deleting subsection (2) and substituting the following—

"(2) The relevant Minister, authority or body prescribed under any written law which appoints or has authority over any such board, corporation, Government controlled company, authority or body of any board, corporation, authority or body, prescribed in Schedule 1 to the Act, shall ensure that, before seeking any approval under subsection (1) an independent assessment of the review of any salary or benefit is conducted."; and

(iii) deleting subsection (4) and substituting the following—

"(4) For the purposes of the special administrator and the chief executive officer (or any other similar titled position) of any city, town and district council constituted under the Local Government Act 1972, the Minister responsible for local government, shall before seeking any approval under subsection (1), ensure that an independent assessment of the review of any salary or benefit is conducted.";

(c) in section 4(3), deleting "Notwithstanding the repeal of the Act, the Schedules to the Act shall remain valid for the purposes of section 3; provided however, that"; and

(d) inserting the following new Schedule after section 4—

"SCHEDULE
(Section 3)

PRESCRIBED BODIES

1. Airports Fiji Limited

2. Fiji Airways

3. Civil Aviation Authority of Fiji

4. Consumer Council of Fiji

5. Fiji Broadcasting Corporation Limited

6. Fiji Hardwood Corporation Limited

7. Fiji Development Bank

8. Fiji Electricity Authority

9. Fiji National University

10. Fiji International Telecommunications Limited

11. Fiji Revenue and Customs Authority

12. Investment Fiji

13. Fiji Meat Industry Board

14. Fiji National Provident Fund

15. Fiji Pine Limited

16. Fiji Sports Council

17. Fiji Sugar Corporation Limited

18. Fiji Sugar Marketing Company Limited

19. Tourism Fiji

20. Housing Authority

21. Land Transport Authority

22. National Fire Authority

23. National Trading Corporation Limited

24. Pacific Fishing Company Limited

25. Post Fiji Limited

26. Fiji Commerce Commission

27. Public Rental Board

28. Rewa Rice Limited

29. Sugar Industry Tribunal

30. Telecom Fiji Limited

31. Unit Trust of Fiji (Management) Limited

32. Viti Corps Company Limited

33. Water Authority of Fiji

34. Fiji Roads Authority

35. Tropik Wood Industries Limited

36. Higher Education Commission—

(a) Fiji Qualifications Council

(b) Recognition Committee

(c) Registration Committee

(d) Accreditation Committee

37. Yaqara Pastoral Company Limited

38. Food Processors (Fiji) Limited

39. Fiji Public Trustee Corporation Limited

40. Film Fiji

41. National Centre for Small and Micro Enterprises Development

42. Maritime Safety Authority of Fiji."

HIV/AIDS Decree 2011

96. The HIV/AIDS Decree 2011 is amended by—

(a) in section 2 in the definition of "prisoner", deleting "Prisons and Corrections Act 2006" and substituting "Corrections Service Act 2006";

(b) in section 10(3), deleting "the Public Accounts Committee for scrutiny and thereafter to";

(c) in section 14(2), deleting "Public Service Commission and the Higher Salaries Commission" and substituting "Minister responsible for civil service"; and

(d) in section 16(2), deleting "and, if a salary limit demands, by the Higher Salaries Commission".

Honours and Awards Act 1995

97. The Honours and Awards Act 1996 is amended by—

(a) in section 7(1) and (2), deleting "Public Service Commission" and substituting "Official Secretary"; and

(b) in section 8(2), deleting "Public Service Commission" and substituting "Official Secretary".

Housing Act (Cap. 267)

98. The Housing Act (Cap. 267) is amended by—

(a) in section 3B(3), deleting "Higher Salaries Commission" and substituting "Higher Salaries Act 2011";

(b) in section 8(1), deleting "Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011"; and

(c) in section 34(3), deleting "section 12 of the Counter-Inflation Act" and substituting "section 45 of the Commerce Commission Act 2010".

Human Rights Commission Decree 2009

99. The Human Rights Commission Decree 2009 is amended by—

(a) in section 1, deleting "Human Rights Commission Decree 2009" and substituting "Human Rights and Anti-Discrimination Commission Act 2009";

(b) in section 2 in the definition of "human rights", deleting "may be prescribed by the President by Decree" and substituting "set out in the Constitution of the Republic of Fiji";

(c) deleting section 6 and substituting the following—

"Membership

6. The membership of the Commission shall be determined in accordance with section 45(2) and (3) of the Constitution of the Republic of Fiji.";

(d) deleting sections 8, 9 and 10;

(e) in section 15—

(i) deleting subsection (3); and

(ii) in subsection (5), deleting "this Decree" and substituting "written law";

(f) in section 17, deleting "The Minister must use his or her best endeavours to" and substituting "Parliament shall";

(g) in section 18, deleting subsections (3) and (4);

(h) in section 41(3)—

(i) deleting "an unmarried" and substituting "a"; and

(ii) deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation Limited";

(i) in section 50 deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009"; and

(j) deleting "Human Rights Commission" wherever it appears and substituting "Human Rights and Anti-Discrimination Commission".

Illicit Drugs Control Decree 2004

100. The Illicit Drugs Control Decree 2004 is amended by—

(a) in section 3, deleting "section 5 of the Penal Code" and substituting "section 6 of the Crimes Act 2009";

(b) in section 7, deleting "Chapter V of the Penal Code" and substituting "Chapter 2 of the Crimes Act 2009";

(c) in section 8, deleting "Chapter XLII of the Penal Code" and substituting "section 49 of the Crimes Act 2009";

(d) in section 9, deleting "Chapter XLI of the Penal Code" and substituting "Chapter 2 of the Crimes Act 2009";

(e) in section 13(11)—

(i) deleting "Director General" where it first appears and substituting "Comptroller"; and

(ii) deleting "Director General" where it appears next and substituting "Comptroller of Customs"; and

(f) in section 17(7), deleting "Director General of Customs" and substituting "Comptroller of Customs".

Immigration Act 2003

101. The Immigration Act 2003 is amended by—

(a) in section 2(1) in the definition of "declared port", deleting "Maritime and Ports Authority of Fiji Islands Act" and substituting "Sea Ports Management Act 2005";

(b) in section 3, deleting "section 5 of the Penal Code" and substituting "section 6 of the Crimes Act 2009";

(c) in section 5(2), deleting "sections 23 to 26 of the Criminal Procedure Code" and substituting "sections 18 to 26 of the Criminal Procedure Act 2009";

(d) in section 9(1), deleting "section 16 of the Constitution" and substituting "section 21(5) of the Constitution of the Republic of Fiji"; and

(e) in section 51(3), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009".

Income Tax Act 2015

102. The Income Tax Act 2015 is amended by—

(a) in section 25—

(i) in subsection (9), deleting "net profits" and substituting "chargeable income";

(ii) in subsections (15) and (16), deleting "total income" and substituting "chargeable income";

(iii) in subsection (16)—

(A) deleting "this section" where first mentioned and substituting "subsection (17)";

(B) deleting "subsection (15)(a)" and substituting "section 31 or 35"; and

(C) deleting "section" where second mentioned and substituting "subsection";

(iv) in subsection (17), delete "to (18)"; and

(v) in subsection (18), deleting "subsection (1)" and substituting "subsection (16)";

(b) in section 67(2) and (3), deleting "$20,000" and substituting "$16,000"; and

(c) in section 114(2), deleting "contract of service" and substituting "contract for service".

Inheritance (Family Provision) Act 2004

103. The Inheritance (Family Provision) Act 2004 is amended in section 3(9) by deleting "Public Trustee of Fiji" and substituting "Fiji Public Trustee Corporation Limited".

Inquests Act (Cap. 46)

104. The Inquests Act (Cap. 46) is amended in section 9(1) by deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009".

Insurance Act 1998

105. The Insurance Act 1998 is amended by—

(a) in section 2, inserting the following new definition—

""equity share capital" means in relation to a company, its issued share capital, excluding any part thereof which, neither as respects dividends nor as respects capital, carries any right to participate beyond a specified amount in a distribution";

(b) in section 2(3), deleting ", as defined in section 156 of the Companies Act," wherever it appears;

(c) in section 24(1)(a), deleting "Part X of the Companies Act" and substituting "Part 6 of the Companies Act 2015";

(d) in section 24(1)(b), deleting "section 32 of the Companies Act" and substituting "section 16 of the Companies Act 2015;

(e) in section 104(2), deleting "Part VI of the Companies Act" and substituting "Parts 38 and 39 of the Companies Act 2015"; and

(f) in section 106(2), deleting "section 220 of the Companies Act" and substituting "section 513 of the Companies Act 2015".

International Seabed Mineral Management Decree 2013

106. The International Seabed Mineral Management Decree 2013 is amended in section 21(1) by deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015".

Interpretation Act (Cap. 7)

107. The Interpretation Act (Cap. 7) is amended by—

(a) in section 2—

(i) in the definition of "Act", inserting ", Promulgation" after "Ordinance";

(ii) in the definition of "child", deleting "fourteen" and substituting "18";

(iii) in the definition of "Consolidated Fund", deleting "section 176 of the Constitution" and substituting "section 140 of the Constitution";

(iv) in the definition of "Constitution", deleting "Constitution Amendment Act 1997" and substituting "Constitution of the Republic of Fiji";

(v) in the definition of "Court of Appeal", deleting "Chapter 9 of the Constitution" and substituting "section 99 of the Constitution";

(vi) inserting the following new definition—

""Fiji" means the territories which immediately before 10 October 1970 constituted the Colony of Fiji and includes any other territories declared by Parliament to form part of Fiji;";

(vii) deleting the definition of "Fiji or Fiji Islands";

(viii) in the definition of "High Court" deleting "Chapter 9" and substituting "section 100";

(ix) deleting the definition of "House of Representatives";

(x) in the definition of "infant" or "minor", deleting "twenty-one" and substituting "18";

(xi) in the definition of "medical practitioner", deleting "Medical and Dental Practitioners Act" and substituting "Medical and Dental Practitioner Act 2010";

(xii) inserting the following new definition—

""Parliament" means the Parliament of Fiji established under Chapter3 of the Constitution;";

(xiii) in the definition of "public holiday", deleting "Public Holidays Act" and substituting "Employment Relations Act 2007";

(xiv) deleting the definition of "Senate";

(xv) in the definition of "Supreme Court" deleting "Chapter 9" and substituting "section 98"; and

(xvi) in the definition of "young person", deleting "seventeen" and substituting "18";

(b) in section 3, inserting the following new paragraphs—

"(h) where in any written law, instrument, document or legal proceeding in force, made or proceeding on 27 July 1998, the word "Royal" in "Royal Fiji Military Forces" is used or appears, it shall be replaced with the word "Republic";

(i) where any Decree was in force on 31 July 2016, the word "Decree" used with reference to any such Decree in the title or provisions of any written law or in any document or legal proceeding may be replaced with the word "Act"; and

(j) where any Promulgation was in force on 31 July 2016, the word "Promulgation" used with reference to any such Promulgation in the title or provisions of any written law or in any document or legal proceeding may be replaced with the word "Act";

(c) deleting subsection 5(4);

(d) in section 10(1), deleting "or, in the case of any revised edition of the written law issued under any Act providing for the issue of a revised edition, by its short title or its Chapter number;"; and

(e) in section 23, inserting "or "the Promulgation"" after the ""the Decree"" and inserting "or the Promulgation" after "the Decree".

Investment Fiji Act (Cap. 221)

108. The Investment Fiji Act (Cap. 221) is amended by—

(a) in section 8(1A), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011"; and

(b) in section 8(1B), deleting "Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011".

iTaukei Development Fund Act (Cap. 121)

109. The iTaukei Development Fund Act (Cap. 121) is amended by—

(a) in section 2—

(i) deleting the definition of "Coconut Board";

(ii) in the definition of "iTaukei co-operative society"—

(A) deleting "Co-operative Societies Act" and substituting "Co-operatives Act 1996";

(B) deleting "society" wherever it appears; and

(C) deleting "societies"; and

(iii) in the definition of "licensed buyer"—

(A) inserting "or registered" after "person licensed"; and

(B) deleting "Coconut Industry Act" and substituting "Coconut Industry Development Act 2010";

(b) in section 8(1)(a)(ii), deleting "Coconut Board" and substituting "Ministry of Agriculture";

(c) in section 8(5)—

(i) deleting "hold a licence" and substituting "be licensed or registered"; and

(ii) deleting "Coconut Industry Act" and substituting "Coconut Industry Development Act 2010";

(d) in section 8(8), deleting "society" wherever it appears;

(e) in section 10, deleting subsection (2); and

(f) in section 12(2), deleting "Co-operative Societies Act" and substituting "Co-operatives Act 1996".

iTaukei Land Trust Act (Cap. 134)

110. The iTaukei Land Trust Act (Cap. 134) is amended by—

(a) in section 7, deleting "Forest Act" and substituting "Forest Act 1992";

(b) in section 14, deleting "Land Development Authority" wherever it appears and substituting "Board"; and

(c) in section 20(2), deleting "section 8 of the Constitution" and substituting "section 27 of the Constitution of the Republic of Fiji".

Judges' Remuneration and Emoluments Act (Cap. 16)

111. The Judges' Remuneration and Emoluments Act (Cap. 16) is amended by—

(a) deleting sections 2, 3, 4 and 5;

(b) in sections 6 and 7, deleting "Higher Salaries Commission" wherever it appears and substituting "Judicial Services Commission";

(c) in section 8, deleting "section 138 of the Constitution" and substituting "section 112 of the Constitution of the Republic of Fiji";

(d) in section 9(a) deleting "section 137(4) of the Constitution" and substituting "section 110(1) of the Constitution of the Republic of Fiji";

(e) deleting the Schedule to the Act; and

(f) repealing the following laws—

(i) Judges' Remuneration and Emoluments Order 2002; and

(ii) Judges' Remuneration and Emoluments (No. 2) Order 2002.

Juveniles Act (Cap. 56)

112. The Juveniles Act (Cap. 56) is amended by—

(a) in section 2 in the definition of "prison", deleting "Prisons Act (Cap. 86)" and substituting "Corrections Service Act 2006";

(b) in section 6(4), deleting "section 138 of the Penal Code" and substituting "section 196 of the Crimes Act 2009";

(c) in section 11(2), deleting "sections 153 to 163" and substituting "sections 211 to 220 of the Crimes Act 2009";

(d) in section 32(1)(a), deleting "Penal Code" and substituting "Sentencing and Penalties Act 2009";

(e) in section 40(f), deleting "sections 175 or 178 of the Penal Code" and substituting "section 223 of the Crimes Act 2009";

(f) in section 41(5), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(g) in section 57(1), deleting "Penal Code" and substituting "Crimes Act 2009";

(h) in section 62A(2), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(i) in section 62A(3), deleting "section 221 of the Criminal Procedure Code" and substituting "section 190 of the Criminal Procedure Act 2009";

(j) in section 64(3)(c), deleting "Mental Treatment Act" and substituting "Mental Health Act 2010";

(k) in section 73—

(i) in subsection (1)—

(A) deleting "Maintenance and Affiliation Act" and substituting "Family Law Act 2003"; and

(B) deleting "section 16" and substituting "section 24";

(ii) in subsection (2)—

(A) deleting "Maintenance and Affiliation Act" and substituting "Family Law Act 2003"; and

(B) deleting "section 16" and substituting "section 24"; and

(iii) in subsection (3), deleting "Maintenance and Affiliation Act" and substituting "Family Law Act 2003";

(l) in section 75, deleting "section 9 of the Finance (Control and Management) Act" and substituting "section 11 of the Financial Management Act 2004";

(m) in Schedule 1, deleting "Penal Code" and substituting "Crimes Act 2009"; and

(n) in Schedule 2, deleting "Parts XVI, XXI, XXIV, XXVI and XXVII of the Penal Code" and substituting "Part 12 and Divisions 1, 3, 5 and 6 of Part15 of the Crimes Act 2009".

Land Conservation and Improvement Act (Cap. 141)

113. The Land Conservation and Improvement Act (Cap. 141) is amended by—

(a) in section 2 in the definition of "vegetation", deleting "Plant Quarantine Act (Cap. 156)" and substituting "Biosecurity Act 2008"; and

(b) in section 3(2)(c), deleting "and Surveyor-General".

Land Development Act (Cap. 142)

114. The Land Development Act (Cap. 142) is amended by—

(a) in section 20—

(i) subsection (2), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011"; and

(ii) subsection (3), deleting "Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011";

(b) in section 24A—

(i) subsection (2), deleting "by the Higher Salaries Commission" and substituting "by the Minister"; and

(ii) subsection (3), deleting "Subject to the provisions of the Higher Salaries Commission Act,".

Land Sales Act (Cap. 137)

115. The Land Sales Act (Cap. 137) is amended by—

(a) in section 2, deleting the definition of "controlling interest" and substituting the following— ""controlling interest" shall have the same meaning as under section 2 of the Tax Administration Act 2009;"; and

(b) in section 11, deleting ", provided that the exercise of such discretion shall be deemed a matter specified in the Second Schedule to the Income Tax Act (Cap. 201)".

Land Transfer Act (Cap. 131)

116. The Land Transfer Act (Cap. 131) is amended by—

(a) in section 2 in the definition of "Director of Lands", deleting "Director of lands and Surveyor-General" and substituting "the person appointed as the Director of Lands";

(b) in section 2 in the definition of "person of unsound mind", deleting "Mental Treatment Act" and substituting "Fiji Public Trustee Corporation Act 2006";

(c) in section 160(2), deleting "Director of Lands" and substituting "Surveyor-General"; and

(d) in section 178, deleting paragraph (b).

Land Transport Act 1998

117. The Land Transport Act 1998 is amended by—

(a) in section 17(1)—

(i) deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011"; and

(ii) deleting "First Schedule to the Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011";

(b) in sections 92(2)(a)(ii) and 93(4), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(c) in section 109—

(i) in paragraph (d), deleting "." and substituting ","; and

(ii) after paragraph (d), inserting "commits an offence";

(d) in section 109(5), deleting "section 56 of the Fair Trading Decree, 1992" and substituting "section 77 of the Commerce Commission Act 2010";

(e) in section 112, deleting subsection (6); and

(f) in the Schedule by—

(i) deleting row 5; and

(ii) deleting row 12, column 2, "Failing to display public service or vehicle number" and substituting the following—

"Unlicensed public service vehicles

Breach of term of public service

vehicle licence".

Law Reform (Miscellaneous Provisions) (Death and Interest) Act (Cap. 27)

118. The Law Reform (Miscellaneous Provisions) (Death and Interest) Act (Cap. 27) is amended by—

(a) in section 2(1), deleting "or seduction or for inducing one spouse to leave or remain apart from the other or to claims under section 32 of the Matrimonial Causes Act for damages on the ground of adultery"; and

(b) in section 2(2), deleting paragraph (b).

Legal Practitioners Decree 2009

119. The Legal Practitioners Decree 2009 is amended by—

(a) in section 2 in the definition of "Attorney-General", deleting ", appointed under the Executive Authority of Fiji Decree 2009 (as may be amended from time to time)";

(b) in section 2 in the definition of "Chief Justice", deleting ", appointed under the Administration of Justice Decree 2009";

(c) in section 69(3), deleting "any s" and substituting "any employees";

(d) in section 85(2), deleting "section 15 of the Administration of Justice Decree 2009" and substituting "section 105(2) of the Constitution of the Republic of Fiji"; and

(e) in section 117(2), deleting "Chapter 12 of the Penal Code" and substituting "Subdivision F of Division 1 of Part 12A of the Crimes Act 2009".

Limitation Act (Cap. 35)

120. The Limitation Act (Cap. 35) is amended in section 11(3) by deleting "Mental Treatment Act" and substituting "Mental Health Act 2010".

Liquor Act 2006

121. The Liquor Act 2006 is amended by—

(a) in section 7(c), deleting "Criminal Procedure Code", and substituting "Crimes Act 2009"; and

(b) in section 64(d), deleting "Chief Executive Officer" and substituting "permanent secretary".

Litter Promulgation 2008

122. The Litter Promulgation 2008 is amended by—

(a) in section 4(c), deleting "the Port Master, Deputy Port Masters, Port State Control officers and shipping inspectors appointed under section 39 of the Sea Port Management Act 2005" and substituting "the Port Master, any port state control officer and any Flag State Surveyor appointed under section 101 of the Maritime Transport Act 2013";

(b) in section 4(g), deleting "Land Transport Officer" and substituting "authorised officer";

(c) in section 7(2), deleting "Chapter XI in Division II of the Penal Code" and substituting "any written law";

(d) in section 22(1), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(e) in section 22(7), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009"; and

(f) in section 23(3), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009".

Local Government Act (Cap. 125)

123. The Local Government Act (Cap. 125) is amended by—

(a) in section 2 in the definition of "Electoral Commission"—

(i) deleting "constituted" and substituting "continued"; and

(ii) deleting "section 42 of the Constitution" and substituting "section 75 of the Constitution of the Republic of Fiji";

(b) in section 35(2A), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011";

(c) in section 35(2B), deleting "Higher Salaries Commission Act" and substituting "in accordance with the Higher Salaries Act 2011";

(d) in section 42, deleting "Finance Act" and substituting "Financial Management Act 2004";

(e) in section 119(3), deleting "section 8 of the Constitution" and substituting "section 27 of the Constitution of the Republic of Fiji"; and

(f) in section 120(5), deleting "Sewerage Act" and substituting "Water Authority of Fiji Act 2007".

Magistrates Court Act (Cap. 14)

124. The Magistrates Court Act (Cap. 14) is amended by—

(a) in section 7(1), deleting "Legal Practitioners Act" and substituting "Legal Practitioners Act 2009";

(b) in section 17, deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(c) in section 21(1), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(d) in section 30, deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(e) in section 32, deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(f) in section 41, deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(g) in section 46, deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(h) in section 47, deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(i) in section 48, deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(j) in section 52(2), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009";

(k) in section 57, deleting "section 349 of the Criminal Procedure Code" and substituting "section 287 of the Criminal Procedure Act 2009";

(l) in section 61(1), deleting "Subject to Part V of the Criminal Procedure Code" and substituting "Subject to Division 7 of Part 11 of the Criminal Procedure Act 2009";

(m) in section 61B(1), deleting "Administration of Justice Decree 2009" and substituting "Constitution of the Republic of Fiji";

(n) in section 62, deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009"; and

(o) in section 71(4), deleting "Maintenance and Affiliation Act" and substituting "Family Law Act 2003".

Mahogany Industry (Licensing and Branding) Decree 2011

125. The Mahogany Industry (Licensing and Branding) Decree 2011 is amended in section 2 by—

(a) in the definition of "FHCL", deleting "Garden City, Raiwai, Suva" and substituting "6-7 Carpenters Street, Garden City Building, Raiwai, Suva"; and

(b) deleting the definition of "Minister".

Mahogany Industry Development Act 2010

126. The Mahogany Industry Development Act 2010 is amended in section 2 by—

(a) in the definition of "Fiji Hardwood Corporation Limited", deleting "Companies Act [Cap. 247]" and substituting "Companies Act 2015"; and

(b) deleting the definition of "Minister".

Maritime Safety Authority of Fiji Decree 2009

127. The Maritime Safety Authority of Fiji Decree 2009 is amended by—

(a) in section 12(c), deleting "Marine Act" and substituting "Maritime Transport Act 2013";

(b) in section 29(2), deleting "Maritime Appeals Committee" and substituting "Maritime Appeal Tribunal";

(c) in section 31(2), deleting "Marine Appeals Committee" and substituting "Maritime Appeal Tribunal";

(d) in section 31(4), deleting "Marine Act" wherever it appears and substituting "Maritime Transport Act 2013";

(e) in section 36, deleting "Penal Code" and substituting "Crimes Act 2009";

(f) in section 38(g), deleting "Marine Act" and substituting "Maritime Transport Act 2013";

(g) in section 53, deleting "Marine Act" wherever it appears and substituting "Maritime Transport Act 2013"; and

(h) in section 54(1)(c), deleting "Marine Act" and substituting "Maritime Transport Act 2013".

Markets Act (Cap. 126)

128. The Markets Act (Cap. 126) including any subsidiary law is amended by deleting" and Surveyor-General" wherever it appears.

Married Women's Property Act (Cap. 37)

129. The Married Women's Property Act (Cap. 37) is amended in section 25 by—

(a) in the heading, deleting "Cap. 217" and substituting "Insurance Act 1998"; and

(b) inserting "1998" after "Insurance Act".

Meat Industry Act (Cap. 237)

130. The Meat Industry Act (Cap. 237) is amended by—

(a) in section 5(2), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011"; and

(b) in section 5(3), deleting "Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011".

Media Industry Development Authority Decree 2010

131. The Media Industry Development Authority Decree 2010 is amended by—

(a) in section 2 in the definition of "company", deleting "Companies Act [Cap. 247]" and substituting "Companies Act 2015";

(b) in section 2 in the definition of "political party", deleting "Electoral Act 1998" and substituting "Electoral Act 2014";

(c) in section 19(1)(c), deleting "Tobacco Control Act 1998" and substituting "Tobacco Control Act 2010";

(d) in section 20(1), deleting "Decree or any regulations made under the Electoral Act 1998" and substituting " Act, the Electoral Act 2014 or any regulations made under this Act or the Electoral Act 2014"; and

(e) in section 45(3), deleting "section 15 of the Administration of Justice Decree 2009" and substituting "section 105 of the Constitution of the Republic of Fiji".

Medical and Dental Practitioner Decree 2010

132. The Medical and Dental Practitioner Decree 2010 is amended by—

(a) in section 2(1) in the definition of "nurse", deleting "Nurses, Midwives and Nurse Practitioners Act" and substituting "Nursing Act 2011";

(b) in section 42(3)(c), deleting "CPD" and substituting "continuing professional development";

(c) in section 65(6)(a), deleting "Mental Health (Care and Treatment) Decree 2010" and substituting "Mental Health Act 2010";

(d) in section 65(6)(b), deleting "Criminal Procedure Code Decree" and substituting "Criminal Procedure Act 2009"; and

(e) in paragraph 1(3) of Schedule 3, deleting "the Interpretation and General Clauses Decree" and substituting "this Act".

Medical Assistants Act (Cap. 255A)

133. The Medical Assistants Act (Cap. 255A) is amended by—

(a) deleting section 3(2)(c) and substituting the following—

"(c) the Dean of the College of Medicine, Nursing and Health Sciences at the Fiji National University;";

(b) in section 4, deleting "Fiji School of Medicine" and substituting "College of Medicine, Nursing and Health Sciences at the Fiji National University";

(c) in section 4, deleting "School" wherever it appears and substituting "college"; and

(d) in section 7, deleting "Pharmacy and Poisons Act" and substituting "Pharmacy Profession Act 2011".

Mental Health Decree 2010

134. The Mental Health Decree 2010 is amended by—

(a) in section 46(3), deleting "than that lawyer of the a person" and substituting "then that lawyer,";

(b) in section 101(3), deleting "Prisons Act" and substituting "Corrections Service Act 2006";

(c) in section 120(1), deleting "in writing" and substituting "by Order"; and

(d) in section 121, deleting subsection (2) and substituting the following—

"(2) Any orders or designations made under the Mental Treatment Act (Cap. 113) are saved."

Merchandise Marks Act (Cap. 241)

135. The Merchandise Marks Act (Cap. 241) is amended in section 14 by deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009".

Microfinance Institutions (Examination and Assessment) Decree 2010

136. The Microfinance Institutions (Examination and Assessment) Decree 2010 is amended by—

(a) in section 6, deleting "500 penalty units" and substituting "$50,000";

(b) in section 8, deleting "500 point system" and substituting "$50,000";

(b) in section 11, deleting "500 penalty points" and substituting "$50,000"; and

(d) in section 13(3), inserting "issued" after "A certificate".

Mining Act (Cap. 146)

137. The Mining Act (Cap. 146) is amended by—

(a) in section 2, inserting the following new definition—

""Minister" means the Minister responsible for minerals and resources;";

(b) in section 7, deleting "Public Service Commission" and substituting "permanent secretary responsible for minerals and resources";

(c) in section 11(1)(g) deleting "Commissioner of Water Supply" and substituting "chief executive officer of the Water Authority of Fiji";

(d) in section 13(1), deleting "Part 12" and substituting "Part 6"; and

(e) in section 13(2), deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015".

Momi Bay Development Decree 2010

138. The Momi Bay Development Decree 2010 is amended by—

(a) in the definition of "FNPF" in section 2, deleting "Fiji National Provident Fund Act [Cap. 219]" and substituting "Fiji National Provident Fund Act 2011"; and

(b) in section 7(1), deleting "Telecommunications Act [Cap. 173]" and substituting "Telecommunications Act 2008".

Moneylenders Act (Cap. 234)

139. The Moneylenders Act (Cap. 234) is amended by—

(a) in section 7(c), deleting "Registration of Business Names Act" and substituting "Companies Act 2015"; and

(b) in section 10, deleting "Part X of the Criminal Procedure Code" and substituting "Part 15 of the Criminal Procedure Act 2009".

Motor Vehicles (Third Party Insurance) Act (Cap. 177)

140. The Motor Vehicles (Third Party Insurance) Act (Cap. 177) is amended by—

(a) in section 2(1), in the definition of "driving licence" deleting "Traffic Act" and substituting "Land Transport Act 1998";

(b) in section 2(2), deleting "Traffic Act" wherever it appears and substituting "Land Transport Act 1998";

(c) in section 4(3)—

(i) deleting "Traffic Act" and substituting "Land Transport Act 1998"; and

(ii) deleting "subsection (3) of section 30 of the said Act" and substituting "section 59(10) of the Land Transport Act 1998";

(d) in section 10(h), deleting "Traffic Act" and substituting "Land Transport Act 1998"; and

(e) in section 20(3), deleting "subsection (5) of section 23 of the Traffic Act" and substituting "section 78 of the Land Transport Act 1998".

Multilateral Guarantee Agency Decree 1989

141. The Multilateral Guarantee Agency Decree 1989 is amended in section 1 by inserting "Investment" after "Multilateral".

Mutual Assistance in Criminal Matters Act 1997

142. The Mutual Assistance in Criminal Matters Act 1997 is amended by—

(a) in section 13(2) and (3), deleting "Part IV of the Criminal Procedure Code" and substituting "Part 9 of the Criminal Procedure Act 2009";

(b) in section 22, deleting "section 139 of the Penal Code and section 79 of the Prisons Act" and substituting "section 197 of the Crimes Act 2009 and section 52(3) of the Corrections Service Act 2006"; and

(c) in section 28, deleting "Section 139 of the Penal Code relating to aiding a prisoner to escape and section 79 of the Prisons Act" and substituting "Section 197 of the Crimes Act 2009 relating to aiding a prisoner to escape and section 52(3) of the Corrections Service Act 2006".

Natadola Bay Development Decree 2011

143. The Natadola Bay Development Decree 2011 is amended by—

(a) in section 2 in the definition of "Fiji National Provident Fund", deleting "Fiji National Provident Fund Act [Cap. 219]" and substituting "Fiji National Provident Fund Act 2011"; and

(b) in the definition of "Registrar of Companies" in section 2, deleting "section 2 of the Companies Act [Cap. 247]" and substituting "section 3 of the Companies Act 2015".

National Bank of Fiji Restructuring Act 1996

144. The National Bank of Fiji Restructuring Act 1996 is amended by—

(a) in section 1(3), deleting "Sections 5 and 72(3)" and substituting "Section 5";

(b) in section 2—

(i) in the definition of "government entity", deleting "the House of Representatives" and substituting "Parliament";

(ii) in the definition of "sitting day", deleting "the House of Representatives or the Senate" and substituting "Parliament";

(iii) in the definition of "statutory authority", deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015";

(iv) in the definition of "subsidiary", deleting "section 156 of the Companies Act (Cap. 247)" and substituting "section 7 of the Companies Act 2015";

(c) in section 19(3)(c), deleting "Income Tax Act (Cap. 201)" and substituting "Income Tax Act 2015";

(d) in section 67(4), deleting "section 22(3) of the Income Tax Act (Cap. 201)" and substituting "section 59 of the Income Tax Act 2015"; and

(e) in paragraph 7 of Schedule 4, deleting "Income Tax Act (Cap. 201)" and substituting "Income Tax Act 2015".

National Employment Centre Decree 2009

145. The National Employment Centre Decree 2009 is amended by—

(a) in section 5 in the definition of "apprentice", deleting "Training and Productivity Authority of Fiji Act" and substituting "Fiji National University Act 2009";

(b) in section 5, deleting the definition of "Training and Productivity Authority of Fiji" and substituting the following—

""Fiji National University" means the university established under section 4 of the Fiji National University Act 2009;";

(c) in section 13(1), deleting "Human Rights Commission" and substituting "Human Rights and Anti-Discrimination Commission"; and

(d) in section 13(3), deleting "Human Rights Commission" and substituting "Human Rights and Anti-Discrimination Commission".

National Fire Service Act 1994

146. The National Fire Service Act 1994 is amended by—

(a) in section 3A(3), inserting "the following" after "be";

(b) in section 5(a), deleting "of either House" after "member";

(c) in section 13(3), deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011";

(d) in section 15(1), deleting "Higher Salaries Commission Act" and substituting "Higher Salaries Act 2011";

(e) in section 23(2), deleting "subsection three of the next succeeding Section" and substituting "section 24(3)";

(f) in section 23(5), deleting "subsection two of the next succeeding Section" and substituting "24(2)"; and

(g) deleting section 32(3).

National and Trade Measurement Decree 1989

147. The National and Trade Measurement Decree 1989 is amended by—

(a) in section 19(10), deleting "Chief Inspector" wherever it appears and substituting "Director"; and

(b) in section 64(8), deleting "Chief Inspector" wherever it appears and substituting "Director".

National Trust for Fiji Act (Cap. 265)

148. The National Trust for Fiji Act (Cap. 265) is amended in section 1 by deleting "for" and substituting "of".

Natural Disaster Management Act 1998

149. The Natural Disaster Management Act 1998 is amended by—

(a) in section 44, deleting "President" and substituting "Prime Minister";

(b) in paragraph 2(l) of Schedule 1, deleting "Permanent Secretary for Women and Culture" and substituting "Permanent secretary responsible for women";

(c) in Schedule 1, deleting paragraph 2(r);

(d) in Schedule 2, deleting paragraph (k);

(e) in paragraph (m) of Schedule 3, deleting "Permanent Secretary for Women and Culture" and substituting "Permanent secretary responsible for women"; and

(f) in Schedule 3, deleting paragraph 2(n).

Nursing Decree 2011

150. The Nursing Decree 2011 is amended by—

(a) in section 20(1), deleting "20 penalty points" and substituting "$2,000";

(b) in section 25(1), deleting "nursing register" and substituting "Register";

(c) in section 27(2), deleting "nursing register" and substituting "Register";

(d) in section 27(3), deleting "nursing register" and substituting "Register";

(e) in section 27(5), deleting "nursing register" and substituting "Register";

(f) in section 33(3), deleting "50 penalty points" and substituting "$5,000";

(g) in section 37(1), deleting "nursing register" and substituting "Register";

(h) in section 37(3)—

(i) deleting "50 penalty points" and substituting "$5,000"; and

(ii) deleting "10 penalty points" and substituting "$1,000";

(i) in section 60(4), deleting "100 penalty points" and substituting "$10,000"; and

(j) in section 67(1)(g), deleting "200 penalty points" and substituting "$20,000".

Offshore Fisheries Management Decree 2012

151. The Offshore Fisheries Management Decree 2012 is amended in section 2 by inserting the following new definition—

""Ministry" means Ministry of Fisheries".

Ombudsman Act 1998

152. The Ombudsman Act 1998 and any subsidiary legislation made under the Act is repealed.

Omnibus Electronic Fare Ticketing Decree 2014

153. The Omnibus Electronic Fare Ticketing Decree 2014 is amended by—

(a) in section 2, deleting "Companies Act (Cap. 247)" wherever it appears and substituting "Companies Act 2015";

(b) in section 2 in the definition of "omnibus company", deleting "has the meaning given to it under" and substituting "means a road route licence holder as outlined in section 65(3)(a) of";

(c) in section 15(2), deleting "Buscard validating machine" and substituting "smartcard validating machine";

(d) in section 15(2), deleting "such" and substituting "a buscard validating machine"; and

(e) deleting section 34.

Ozone Depleting Substances Act 1998

154. The Ozone Depleting Substances Act 1998 is amended by—

(a) in section 12(1), deleting "section 58 of the Finance Act" and substituting "the Financial Management Act 2004"; and

(b) in section 12(3), deleting "Finance Act" and substituting "Financial Management Act 2004".

Parliamentary Powers and Privileges (Cap. 5)

155. The Parliamentary Powers and Privileges Act (Cap. 5) is amended by—

(a) deleting the definition of "Clerk" and substituting the following—

""Clerk" means Secretary-General to Parliament";

(b) in the definition of "committee", deleting "the House of Representatives or the Senate" and substituting "Parliament";

(c) in the definition of "House", deleting "either";

(d) in the definition of "officer" deleting "of both Houses"

(e) in the definition of "precincts of Parliament"—

(i) deleting "either House" and substituting "Parliament"; and

(ii) deleting "the two Houses" and substituting "Parliament is";

(f) deleting the definition of "President";

(g) in the definition of "Speaker", deleting "the House of Representatives" and substituting "Parliament";

(h) in the definition of "Standing Orders",—

(i) deleting "Rules and"; and

(ii) deleting "either House of";

(i) in the definition of "stranger", deleting "either House of";

(j) in section 4, deleting "either House of";

(k) in section 7(1), deleting "the House of Representatives" and substituting "Parliament";

(l) deleting section 7(2);

(m) in section 7(3), deleting "to the House of Representatives or Clerk to the Senate";

(n) in section 8(1), deleting "the House of Representatives" and substituting "Parliament";

(o) deleting section 8(2);

(p) in section 9, deleting "either House of";

(q) in sections 11(1),12 and 13, deleting "to that House";

(r) in section 19, deleting " or either House thereof";

(s) in section 20(m), deleting "to either House";

(t) in section 28,—

(i) deleting "," after "Deputy Speaker" and substituting with "or"; and

(ii) deleting "or Vice President"; and

(u) deleting "The House of Representatives or the Senate" and "the House of Representatives or the Senate" wherever they appear and substituting "Parliament".

Parliamentary Remunerations Decree 2014

156. The Parliamentary Remunerations Decree 2014 is amended in Part B of the Schedule by deleting "Leader of the House" and substituting "Leader of the Government in Parliament".

Parliamentary Retirement Allowances 1989

157. The Parliamentary Retirement Allowances 1989 is amended by—

(a) deleting the definition of "qualifying office" and substituting the following—

""qualifying office" means—

(a) member of Parliament;

(b) Prime Minister except if he or she opts for an annual pension or allowance under any other law;

(c) Attorney-General;

(d) Minister;

(e) Assistant Minister;

(f) Speaker of Parliament;

(g) Deputy Speaker of Parliament;

(h) Leader of the Opposition;

(i) Leader of the Government in Parliament;

(j) Opposition Whip; and

(k) Government Whip,

including the following past offices—

(i) member of the House of Representatives;

(ii) member of the Senate;

(iii) Deputy Prime Minister;

(iv) Minister of State;

(v) Speaker of the House of Representatives;

(vi) Deputy Speaker of the House of Representatives;

(vii) President of the Senate;

(viii) Vice-President of the Senate;

(ix) Deputy Leader of the Opposition;

(x) Leader of Government Business; and

(xi) Advisor on the President's Council of Advisors, and

includes the following in any government after 10 October1970 other than in the Council of Ministers of the Fiji military government—

(A) Prime Minister except if he or she opts for an annual pension or allowance under any other law;

(B) Attorney-General;

(C) Minister;

(D) Assistant Minister;

(E) Deputy Prime Minister; and

(F) Minister of State;"; and

(b) in section 6(1), in the second referenced paragraph (a), inserting—

(i) "or a member of Parliament" after "a member of the House of Representatives"; and

(ii) deleting "thereafter" and substituting "members of Parliament, as applicable".

Partnership Act (Cap. 248)

158. The Partnership Act (Cap. 248) is amended by—

(a) inserting the following parts—

(i) "PART 1—PRELIMINARY" before section 1;

(ii) "PART 2—RELATIONS OF PARTNERS TO PERSONS DEALING WITH THEM" before section 6;

(iii) "PART 3—RELATION OF PARTNERS TO ONE ANOTHER" before section 20;

(iv) "PART 4—DISSOLUTION OF PARTNERSHIP AND ITS CONSEQUENCES" before section 33.

Pensions Act (1983)

159. The Pensions Act (1983) is amended by—

(a) in section 9(1)—

(i) deleting "Judicial and Legal Services Commission" and substituting "Judicial Services Commission"; and

(ii) deleting "or the Police Service Commission";

(b) in sections 28(3A) and 29, deleting "subsection (4) or (5) of Section 11 of the Prisons Act" and substituting "section 7 of the Corrections Service Act 2006";

(c) in the definition of "Commander" in section 31, deleting "Royal Fiji Military Forces Act" and substituting "Constitution of the Republic of Fiji"; and

(d) in paragraph 2 of the Fourth Schedule, deleting "subsection (4) or (5) of section 11 of the Prisons Act" and substituting "section 7 of the Corrections Service Act 2006".

Personal Accident Compensation For Members of Parliament Act 1997

160. The Personal Accident Compensation For Members of Parliament Act 1997 is amended in section 3 by—

(a) in the definition of "capital sum", deleting—

(i) "the House of Representatives or a member of the Senate" and substituting "Parliament"; and

(ii) "the Senate" and substituting "Parliament"; and

(b) in the definition of "Member", deleting "of the Senate, House of Representatives" and substituting "Parliament".

Petroleum Act (Cap. 148)

161. The Petroleum Act (Cap. 148) is amended by—

(a) in section 2, inserting the following new definition—

""Minister" means the Minister responsible for the administration of this Act;";

(b) in section 3, deleting "Harbour Act" and substituting "Maritime Transport Act 2013"; and

(c) deleting "harbour" wherever it appears and substituting "port".

Pharmacy Profession Act 2011

162. The Pharmacy Profession Act 2011 is amended in section 45 (3)(b) by deleting" Companies Act (Cap. 247)" and substituting "Companies Act 2015".

Police Act (Cap. 85)

163. The Police Act (Cap. 85) is amended by—

(a) in section 2, deleting the definition of "Disciplined Services Commission";

(b) in section 7(3), deleting ", other than gazetted officers,";

(c) in section 9, deleting "subordinate";

(d) in section 10(1), deleting ", other than a gazetted officer,";

(e) in section 14(1)—

(i) deleting ", other than a gazetted officer,"; and

(ii) in paragraph (c), deleting ": Provided that discharge under the provisions of this subsection of any such police officer shall be subject to the concurrence of the Disciplined Services Commission";

(f) in section 28—

(i) in the heading, deleting "inspectorate officers and subordinate"; and

(ii) in subsection (1), deleting "inspectorate officer or subordinate";

(g) in section 30, deleting ", other than a gazetted officer,";

(h) in section 32(1), deleting paragraph A. and substituting— "A. The Commissioner, who shall have power to impose any one or more of the following punishments in the case of any police officer—

(i) admonishment;

(ii) reprimand;

(iii) severe reprimand;

(iv) confinement to quarters for any period not exceeding 14 days with or without extra guards, fatigues or other duty;

(v) a fine not exceeding 7 days' pay;

(vi) reduction in rank;

(vii) dismissal.";

(i) in section 37—

(i) deleting ", other than a gazetted officer,"; and

(ii) deleting ": Provided that the Commissioner shall not dismiss from the Force any such police officer without the concurrence of the Disciplined Services Commission";

(j) in section 39, deleting ", other than a gazetted officer,"; and

(k) in section 40, deleting ", other than a gazetted officer,".

Posts and Telecommunications Decree 1989

164. The Posts and Telecommunications Decree 1989 is amended by—

(a) in section 30, deleting "under section 7 above" and substituting " in accordance with the Telecommunications Act 2008";

(b) in section 68(1), inserting the following definition—

""Department" means the Department of Communications";

(c) in section 68(1), in the definition of "subsidiary", deleting "Companies Act, 1983" and substituting "Companies Act 2015";

(d) in section 69(2), deleting "Companies Act, 1983" and substituting "Companies Act 2015"

(e) in section 71(4)(b) deleting "Companies Act 1983" and substituting "Companies Act 2015";

(f) in section 72(7), deleting "Finance Act, 1981" and substituting "Financial Management Act 2004";

(g) in section 76(1)(a), deleting "Companies Act 1983" and substituting "Companies Act 2015";

(h) in section 77(1), deleting "Schedule 4 to the Companies Act, 1983" and substituting "Schedule 3 of the Companies Act 2015";

(i) in section 77(3)(a), deleting "registrar (as defined in section 2 of the Companies Act of 1983) in pursuance of section 45 of the said Act of 1983" and substituting "Reserve Bank of Fiji in pursuance of Part 26 of the Companies Act 2015";

(j) in section 77(5), deleting "sections 41 to 50 of the said Act of 1983" and substituting "Part 26 of the Companies Act 2015";

(k) in section 78 in the definition of "subsidiary", by deleting "Companies Act 1983" and substituting "Companies Act 2015";

(l) in section 88(4) in the definition of "bank", deleting paragraph (c);

(m) in section 88(4) in the definition of "bank", deleting "Banking Act (Cap. 212)" and substituting "Banking Act 1995;

(n) in section 128(1), deleting "Penal Code" and substituting "Crimes Act 2009"; and

(o) in section 156(8), deleting "or approved contractor (whether in his capacity as such or otherwise); and in this subsection "approved contractor" means a person approved under section 13 above".

Pound Act (Cap. 165)

165. The Pound Act (Cap. 165) is amended by—

(a) in section 5(c)—

(i) deleting "be found" and substituting "is found"; and

(ii) deleting "there" and substituting "the owner of such animal"; and

(b) in section 6(7), inserting "the" after "damages or costs for".

Prescription of Salaries Act (Cap. 2)

166. The Prescription of Salaries Act (Cap. 2) and any subsidiary legislation made under the Act is repealed.

Presidential Pensions Act 1994

167. The Presidential Pensions Act 1994 is amended by—

(a) in section 2 in the definition of "President"—

(i) paragraph (c), deleting "or";

(ii) paragraph (d), inserting "or" after ";"; and

(iii) inserting the following new paragraph after paragraph (d)—

"(e) President of the Republic of Fiji under section 84 of the Constitution of the Republic of Fiji; and"

Private Hospitals Act (Cap. 256A)

168. The Private Hospitals Act (Cap. 256A) is amended by—

(a) in section 2 in the definition of "midwife", deleting "Nursing and Midwives Act" and substituting "Nursing Act 2011"; and

(b) in section 2 in the definition of "nurse", deleting "Nursing and Midwives Act" and substituting "Nursing Act 2011".

Probation of Offenders Act (Cap. 22)

169. The Probation of Offenders Act (Cap. 22) is amended in section 3(3) by deleting "sections 164 or 165 of the Criminal Procedure Code" and substituting "sections 155 or 156 of the Criminal Procedure Act 2009".

Proceeds of Crime Act 1997

170. The Proceeds of Crime Act 1997 is amended by—

(a) in section 3 in the definition of "corporation", deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015"; and

(b) in section 28, deleting "Part IV of the Criminal Procedure Code" wherever it appears and substituting "Part 9 of the Criminal Procedure Act 2009"; and

(c) in section 55(4), deleting "Part IV of the Criminal Procedure Code" wherever it appears and substituting "Part 9 of the Criminal Procedure Act 2009".

Promissory Oaths Act (Cap. 76)

171. The Promissory Oaths Act (Cap. 76) is amended by—

(a) in section 7—

(i) in the heading, deleting "Sovereign for the time being" and substituting "Republic of Fiji";

(ii) deleting "Her present Majesty" and substituting "the State"; and

(iii) deleting "Sovereign of Fiji, for the time being" and substituting "Republic of Fiji";

(b) in the First Schedule, deleting "Her Majesty, Queen Elizabeth the Second, Her Heirs and Successors" wherever it appears and substituting "the people and the Republic of Fiji"; and

(c) in the Second Schedule, deleting "Governor-General" wherever it appears and substituting "President".

Property Law Act (Cap. 130)

172. The Property Law Act (Cap. 130) is amended in section 129(1)(a), by deleting "Companies Act" and substituting "Companies Act 2015".

Protection of Animals Act (Cap. 169)

173. The Protection of Animals Act (Cap. 169) is amended in section 12(2) by—

(a) deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009"; and

(b) deleting "section 103 of that Code" and substituting "section 98 of that Act".

Public Enterprise Act 1996

174. The Public Enterprise Act 1996 is amended by—

(a) in section 3, deleting the definition of "memorandum";

(b) in section 3 in the definition "subsidiary", deleting "section 156 of the Companies Act (Cap. 247)" and substituting "section 7 of the Companies Act 2015";

(c) in section 56(4), deleting "memorandum and the";

(d) deleting "Companies Act (Cap. 247)" wherever it appears and substituting "Companies Act 2015";

(e) deleting "House of Representatives" wherever it appears and substituting "Parliament";

(f) deleting "memorandum and" and "or memorandum" wherever it appears in this Act; and

(g) in paragraph 3 of Part E of Schedule 2, deleting "a memorandum and".

Public Health Act (Cap. 111)

175. The Public Health Act (Cap. 111) is amended by—

(a) in section 2 in the definition of "medical practitioner", deleting "Medical and Dental Practitioners Act" and substituting "Medical and Dental Practitioner Act 2010"; and

(b) in section 29(2), deleting "Part X of the Criminal Procedure Code" and substituting "Part 15 of the Criminal Procedure Act 2009".

Public Hospitals and Dispensaries Act (Cap. 110)

176. The Public Hospitals and Dispensaries Act (Cap. 110) is amended in section 11(2)by deleting "197 of the Penal Code:" and substituting "387 of the Crimes Act 2009,".

Public Private Partnerships Act 2006

177. The Public Private Partnerships Act 2006 and any subsidiary legislation made under the Act is repealed.

Public Records Act (Cap. 108)

178. The Public Records Act (Cap. 108) is amended by—

(a) deleting section 4(1) and substituting the following—

"(1) There shall be a Government Archivist who shall carry out the functions under this Act."; and

(b) in section 19(1)(e), deleting "National Archives" and substituting "Archives office".

Radiation Health Decree 2009

179. The Radiation Health Decree 2009 is amended by—

(a) in sections 110 and 119, deleting "by the Higher Salaries Commission" and substituting "by the Minister"; and

(b) in section 85(3), inserting "after" after "immediately".

Railways Act (Cap. 179)

180. The Railways Act (Cap. 179) is amended by—

(a) in section 2, in the definition of "Authority", deleting "Central Traffic Authority" and substituting "Land Transport Authority"; and

(b) in section 2, in the definition of "railway", deleting "Traffic Act" and substituting "Land Transport Act 1998".

Reform of Information Technology and Computing Services Decree 2013

181. The Reform of Information Technology and Computing Services Decree 2013 is amended in section 7(2) by deleting "and the State Services Decree 2009".

Regulation of National Spectrum Decree 2009

182. The Regulation of National Spectrum Decree 2009 is amended by—

(a) in section 126(1), deleting "Marine Act 1986" and substituting "Ship Registration Act 2013"; and

(b) in section 146(6) in the definition of "Fiji ship", deleting "Marine Act 1986" and substituting "Ship Registration Act 2013".

Regulation of Ownership (Fiji Forest Industries Limited) Decree 2011

183. The Regulation of Ownership (Fiji Forest Industries Limited) Decree 2011 is amended in section 2 in the definition of "Registrar of Companies" by deleting "section 2 of the Companies Act [Cap. 247]" and substituting "section 3 of the Companies Act 2015".

Republic of Fiji Military Forces Act (Cap. 81)

184. The Republic of Fiji Military Forces Act (Cap. 81) is amended by—

(a) in section 2 in the definition of "Commander", deleting "section 112(2) of the Constitution" and substituting "section 131(4) of the Constitution of the Republic of Fiji";

(b) in section 2 in the definition of "Court of Appeal", deleting "Court of Appeal Act" and substituting "Constitution of the Republic of Fiji";

(c) in section 3A(4), deleting "the House of Representatives" and "the House" and substituting each with "Parliament";

(d) in section 3A(5)(a) and 3A(5)(b), deleting "the House of Representatives" and substituting "Parliament";

(f) in section 25(1), deleting "on behalf of Her Majesty".

Reserve Bank of Fiji Act (Cap. 210)

185. The Reserve Bank of Fiji Act (Cap. 210) is amended by—

(a) deleting "Banking Act" wherever it appears and substituting "Banking Act 1995";

(b) in section 11(2), deleting "by the Higher Salaries Commission" and substituting "by the Governor of the Reserve Bank of Fiji"; and

(c) in section 17, deleting "Higher Salaries Commission Act" and substituting "Governor of the Reserve Bank of Fiji".

Revised Edition of the Laws Act (Cap. 6)

186. The Revised Edition of the Laws Act (Cap. 6) is amended by—

(a) in section 5(r), deleting "Her Majesty's dominions" and substituting "the State";

(b) in section 6, inserting the following new subsection after subsection (1)—

"(1A) If the Attorney-General, in consultation with the commissioner, considers it desirable that in the preparation of the revised edition there should be omissions or amendments to subsidiary laws other than those authorised by sections 4 and 5, such omissions or amendments, although not in pari materia, may be combined in one or more regulations prescribed by the Attorney-General."; and

(c) in section 6(2), inserting "or such regulations are prescribed" after "enacted".

Rotuma Act (Cap. 122)

187. The Rotuma Act (Cap. 122) is amended by—

(a) in section 7, deleting "Royal" and substituting "Coat of";

(b) in section 11(1), deleting "Second Schedule to the Criminal Procedure Code" and substituting "Schedule to the Criminal Procedure Act (Forms) Rules 1945"; and

(c) in section 11, deleting subsections (8), (9) and (10).

Rotuma Lands Act (Cap. 138)

188. The Rotuma Lands Act (Cap. 138) is amended in section 12 by deleting "Forest Act" and substituting "Forest Act 1992".

Scrap Metal Trade Decree 2011

189. The Scrap Metal Trade Decree 2011 is amended by—

(a) in section 8, inserting "Licensing" after "as the"; and

(b) in section 9, inserting "Licensing" after ", the".

Sea Ports Management Act 2005

190. The Sea Ports Management Act 2005 is amended by—

(a) in section 2 in the definition of "Fiji Islands Maritime Safety Administration"—

(i) deleting "Fiji Islands Maritime Safety Administration" wherever it appears and substituting "Maritime Safety Authority of Fiji"; and

(ii) deleting "Marine Act" and substituting "Maritime Transport Act 2013";

(b) in section 2 in the definition of "Port Master", deleting "Fiji Islands Maritime Safety Administration" and substituting "Maritime Safety Authority of Fiji";

(c) in section 4(d), deleting "Fiji Islands Maritime Safety Administration" and substituting "Maritime Safety Authority of Fiji";

(d) in section 5(2), deleting "Fiji Islands Maritime Safety Administration" and substituting "Maritime Safety Authority of Fiji";

(e) in section 17(1)(d), deleting—

(i) "Fiji Islands Maritime Safety Administration" and substituting "Maritime Safety Authority of Fiji"; and

(ii) "Marine Act" and substituting "Maritime Transport Act 2013";

(f) in section 22, deleting "Fiji Islands Maritime Safety Administration" and substituting "Maritime Safety Authority of Fiji";

(g) in section 24(3)(a), deleting "Fiji Islands Maritime Safety Administration" and substituting "Maritime Safety Authority of Fiji";

(h) in section 48(1), deleting "Fiji Islands Maritime Safety Administration" and substituting "Maritime Safety Authority of Fiji";

(i) in section 53(2), deleting "Fiji Islands Maritime Safety Administration" wherever it appears and substituting "Maritime Safety Authority of Fiji"; and

(j) in section 54(1), deleting 'Fiji Islands Maritime Safety Administration" and substituting "Maritime Safety Authority of Fiji".

Second-hand Dealers Act (Cap. 238)

191. The Second-hand Dealers Act (Cap. 238) is amended in section 12(2) by deleting "Chapter XXXIV of the Penal Code" and substituting "section 306 of the Crimes Act 2009".

Security Industry Decree 2010

192. The Security Industry Decree 2010 is amended by—

(a) in section 2 in the definition of "Appeals Tribunal", deleting "32" and substituting "31";

(b) in section 3(l), deleting "gazettal" and substituting "publication in the Gazette";

(c) in section 5(2)(c), deleting "the Department of Correctional Services" and substituting "Fiji Corrections Service";

(d) in section 5(2)(d), deleting "the Department of Justice" and substituting "the Ministry of Justice";

(e) in section 13(3)—

(i) deleting "100 penalty points" and substituting "$10,000"; and

(ii) deleting "50 penalty points" and substituting "$5,000";

(f) in section 13(4), deleting "50 penalty points" and substituting "$5,000";

(g) deleting section 15(1) and substituting the following— "15.—(1) A master licence may authorise a self-employed person to provide his or her security services.";

(h) in section 15, inserting the following new subsection after subsection (1)—

"(1A) A master licensee shall employ or provide sufficient persons each of whom must hold either an individual or a provisional licence to carry on security activities to ensure the proper supervision and training of all provisional licence holders.";

(i) in section 17(1), deleting "from" after "Board";

(j) after section 18, inserting the Division heading "Division 3–Licensing Procedures";

(k) in section 19(2), inserting "an" after "makes";

(l) in section 21(1)(a), inserting "an" before "indictable";

(m) in section 21(1)(b), deleting "disciplined service police officer" and substituting "disciplined force";

(n) in section 24(3), inserting "the" before "Board";

(o) in section 25(2)(a), deleting "or in the case of";

(p) in section 34(2)—

(i) deleting "100 penalty points" and substituting "$10,000"; and

(ii) deleting "50 penalty points" and substituting "$5,000";

(q) in section 35(1), deleting "500 penalty points" and substituting "$50,000";

(r) in section 35(2), deleting "50 penalty points" and substituting "$5,000";

(s) in section 37(2)—

(i) deleting "350 penalty points" and substituting "$35,000"; and

(ii) deleting "50 penalty points" and substituting "$5,000";

(t) in section 37(4), deleting "50 penalty points" and substituting "$5,000";

(u) in section 38(1), inserting "to" after "attempt";

(v) in section 38(2), deleting "100 penalty points" and substituting "$10,000";

(w) in section 38(3), deleting "50 penalty points" and substituting "$5,000";

(x) in section 38(5), deleting "100 penalty points" and substituting "$10,000";

(y) in section 38(6), deleting "50 penalty points" and substituting "$5,000";

(z) in section 39(2), deleting "100 penalty points" and substituting "$10,000";

(aa) in section 39(3), deleting "50 penalty points" and substituting "$5,000";

(ab) in section 40(2), deleting "100 penalty points" and substituting "$10,000";

(ac) in section 40(3), deleting "50 penalty points" and substituting "$5,000";

(ad) in section 42 (2), deleting "100 penalty points" and substituting "$10,000";

(ae) in section 42 (3), deleting "50 penalty points" and substituting "$5,000";

(af) in section 43(3), deleting "100 penalty points" and substituting "$10,000";

(ag) in section 44(2), deleting "50 penalty points" and substituting "$5,000";

(ah) in section 45(2), deleting "100 penalty points" and substituting "$10,000";

(ai) in section 45(3), deleting "50 penalty points" and substituting "$5,000";

(aj) in section 46(2), deleting "100 penalty points" and substituting "$10,000";

(ak) in section 49(1), inserting "he or she" before "may";

(al) in section 49(4)—

(i) paragraph (c), inserting "to" after "relating";

(ii) deleting "100 penalty points" and substituting "$10,000"; and

(iii) deleting "50 penalty points" and substituting "$5,000";

(am) in section 50(2), deleting "100 penalty points" and substituting "$10,000";

(an) in section 50(3), deleting "50 penalty points" and substituting "$5,000"; and

(ao) in section 55(3)—

(i) in paragraph (j), inserting "provides" before "that"; and

(ii) deleting "50 penalty points" and substituting "$5,000".

Sentencing and Penalties Decree 2009

193. The Sentencing and Penalties Decree 2009 is amended by—

(a) in section 28(4), deleting "100 penalty units" and substituting "$10,000";

(b) in section 37(1), deleting "each penalty unit or part of a penalty unit" and substituting "every $100 or part thereof";

(c) in subsection 37(3), deleting "each penalty unit or amount of" and substituting "such fine,";

(d) in section 42, deleting subsection (4) and substituting the following—

"(4) After the commitment of an offender to a term of imprisonment under subsection (1), the term of imprisonment shall be reduced upon part payment of the amounts outstanding by 10 days for every $100 paid in reduction of the arrears of the fine, costs and expenses in default, and the costs and expenses of execution.";

(e) in section 47(4)(c), deleting "100 penalty units" and substituting "$10,000"; and

(f) deleting sections 56 to 59 and substituting the following—

"Amendments to fine provisions in all written law

56.—(1) Subject to section 57, in all written law now or at any time previously in force in Fiji, a reference to a fine expressed as penalty units is amended to refer to an amount expressed as dollars, being $100 for each penalty unit of the fine.

(2) If the amount of the fine is expressed as, or includes, less than one whole penalty unit, the calculation of the amount of the fine expressed as dollars is calculated on a pro rata basis in accordance with subsection (1).

Previous amendments

57. In any written law, any amendment to the amount of a fine made pursuant to this Act prior to the commencement of this section by way of an amendment to the amount of the fine as expressed as dollars to an amount of the fine as expressed as penalty units is amended to the amount in dollars previously referred to in the law prior to the commencement of this Act, unless such fine has been amended since the commencement of this Act in which case the amount of the fine is the amount of the fine as later amended, as expressed as dollars, if expressed as dollars, or if expressed as penalty units, as expressed as penalty units, which shall be expressed as dollars in accordance with section 56.

Calculation of fines correct

58. Notwithstanding section 57—

(a) a fine calculated, imposed or levied on the basis of penalty units or part thereof prior to the commencement of this section is deemed to be correct; and

(b) a fine expressed, imposed or levied as a dollar amount prior to the commencement of this section is deemed to be correct.

Savings

59.—(1) Nothing in sections 56 to 58 affect the validity of a fine issued prior to the commencement of this section and any such fine is deemed to be paid or payable in accordance with the law applicable at the time such fine was issued.

(2) Any person who has paid a fine based on penalty units after the commencement of this section where the amount of the fine (when converted from penalty units to dollars) is more than the amount of the fine following the commencement of this section, is entitled to a refund of the difference between the amount of the fine paid (based on penalty units) and the amount of the fine expressed as dollars in accordance with section 56.

(3) A person that has been issued a fine calculated, imposed or levied based on penalty units after the commencement of this section where the amount of the fine (when converted from penalty units to dollars) is more than the amount of the fine following commencement of this section, is entitled to be reissued the fine expressed as dollars in accordance with section 56."

Service Turnover Tax Decree 2012

194. The Service Turnover Tax Decree 2012 is amended by—

(a) in the heading of section 6, deleting "Income Tax Act (Cap. 201)" and substituting "Income Tax Act 2015"; and

(b) in section 6, deleting "Section 108 of the Income Tax Act (Cap. 201)" and substituting "Section 102 of the Income Tax Act 2015".

Ship Registration Decree 2013

195. The Ship Registration Decree 2013 is amended in section 2 by inserting the following new definition—

""Authority" means the Maritime Safety Authority of Fiji as established under section 7 of the Maritime Safety Authority of Fiji Act 2009".

Small and Micro Enterprises Development Act 2002

196. The Small and Micro Enterprises Development Act 2002 is amended by—

(a) in section 2—

(i) deleting the definition of "Managing Director" and substituting the following—

""chief executive officer" means the person appointed as such under section 11;"; and

(ii) deleting the definition of "Fiji National Training Council" and substituting the following—

""Fiji National University" means the body corporate established under the Fiji National University Act 2009;"

(b) in section 5, deleting "the Public Service Commission" wherever it appears and substituting "his or her permanent secretary";

(c) in section 12, deleting "Fiji National Training Council" and substituting "Fiji National University"; and

(d) in section 16, deleting subsection (2) and substituting the following—

"(2) As applicable, the provisions of the Financial Management Act 2004 apply to this Act.".

Small Claims Tribunal Decree 1991

197. The Small Claims Tribunal Decree 1991 is amended by—

(a) in section 2 in the definition of "motor vehicle", deleting "Traffic Act" and substituting "Land Transport Act 1998";

(b) in section 7, deleting "Public" and substituting "Judicial"; and

(c) in section 21(3)—

(i) paragraph (a), deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation"; and

(ii) deleting paragraph (b) and substituting the following—

"(b) a manager appointed under the Mental Health Act 2010,".

Stamp Duties Act (Cap. 205)

198. The Stamp Duties Act (Cap. 205) is amended by deleting "Her Majesty" wherever it appears and substituting "the State".

State Acquisition of Lands Act (Cap. 135)

199. The State Acquisition of Lands Act (Cap. 135) is amended in section 2 in the definition of "Director of Lands" by deleting ", and Surveyor-General,".

State Lands Act (Cap. 132)

200. The State Lands Act (Cap. 132) is amended by—

(a) in section 2 in the definition of "State Land"—

(i) deleting "Her Majesty by virtue of any treaty, cession or agreement" and substituting "the State";

(ii) deleting "Her Majesty" after "behalf of", and substituting "the State";

(b) in section 3, deleting "Oil Mines Act" and substituting "Petroleum (Exploration and Exploitation) Act 1973";

(c) in section 3, deleting "Forest Act" and substituting "Forest Act 1992";

(d) in section 6(1), deleting "Her Majesty, and on her behalf" and substituting "the State";

(e) in section 24, deleting "Harbour Act" and substituting "Maritime Transport Act 2013"; and

(f) in section 24, deleting "harbour" after "declared", and substituting "port".

State Proceedings Act (Cap. 24)

201. The State Proceedings Act (Cap. 24) is amended by—

(a) in section 6(2), deleting "section 13 of the Post Office Act " and substituting "section 152 of the Posts and Telecommunications Act 1989";

(b) in section 6(5), deleting "section 7 of the Post Office Act" and substituting "section 154 of the Posts and Telecommunications Act 1989";

(c) in section 6(6), deleting "Post Office Act" and substituting "Post and Telecommunications Act 1989";

(d) deleting section 7(1)(b)(i);

(e) deleting section 7(2)(b)(i);

(f) in section 9, inserting "(UK)" after "1894";

(g) in section 18(3)(b), deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation Limited"; and

(h) in section 34(2)(d)—

(i) deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation Limited"; and

(ii) deleting "Public Trustee Act" and substituting "Fiji Public Trustee Corporation Act 2006".

Statistics Act (Cap. 71)

202. The Statistics Act (Cap. 71) is amended in section 3(1) and (2) by deleting "Public Service Commission" and substituting "Minister responsible for the administration of this Act".

Subdivision of Land Act (Cap. 140)

203. The Subdivision of Land Act (Cap. 140) is amended by—

(a) in sections 12 and 13(1), deleting "Director of Lands" wherever it appears and substituting "Surveyor-General"; and

(b) in section 16(3), deleting "Criminal Procedure Code" and substituting "Criminal Procedure Act 2009".

Succession, Probate and Administration Act (Cap. 60)

204. The Succession, Probate and Administration Act (Cap. 60) is amended by—

(a) in section 2(1)—

(i) in the definition of "administrator", deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation Limited";

(ii) deleting the definition of "Public Trustee" and substituting the following—

"Fiji Public Trustee Corporation Limited" means the Fiji Public Trustee Corporation established under the Fiji Public Trustee Corporation Act 2006;";

(b) in section 8, deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation Limited";

(c) in section 49, deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation Limited"; and

(d) in section 51, deleting "Public Trustee" wherever it appears and substituting "Fiji Public Trustee Corporation Limited".

Sugar Industry Act (Cap. 206)

205. The Sugar Industry Act (Cap. 206) is amended by—

(a) in section 2(1) in the definition of "recognised trade union", deleting "Part II of the Trade Unions (Recognition) Act" and substituting "Part 14 of the Employment Relations Act 2007";

(b) in section 2(1) in the definition of "the Corporation", deleting "incorporated under the Fiji Sugar Corporation Limited Act" and substituting "continued in existence under Fiji Sugar Corporation Limited (Repeal) Act 2005";

(c) in section 2(1) in the definition of "trade union", deleting "section 2 of the Trade Unions Act" and substituting "section 185 of the Employment Relations Act 2007";

(d) in section 22(1), deleting "shall have such functions as are assigned to the Industrial Commissioner by or under this Act or the Master Award or by the Tribunal" and substituting "shall have, except in matters that are covered under the jurisdiction of the Employment Relations Act 2007, such functions as are assigned to the Industrial Commissioner by or under this Act or the Master Award or by the Tribunal";

(e) in section 26, deleting "shall have power" and substituting "shall, except in matters that are covered under the jurisdiction of the Employment Relations Act 2007, have power"; and

(f) in section 129(2), deleting "Judicial and Legal Services Commission" and substituting " Judicial Services Commission".

Sugar Research Institute of Fiji Act 2005

206. The Sugar Research Institute of Fiji Act 2005 is amended by—

(a) in section 12(3), deleting the words "both Houses of"; and

(b) in section 13(1), deleting "The Higher Salaries Commission has the power to fix" and substituting "The following remuneration and allowances shall be made by the Minister".

Superyacht Charter Decree 2010

207. The Superyacht Charter Decree 2010 is amended by—

(a) in section 2 in the definition of "Company", deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015"; and

(b) in section 8(4)—

(i) deleting "Provincial Services Unit within the"; and

(ii) deleting "Indigenous" and substituting "iTaukei".

Surveyors Act (Cap. 260)

208. The Surveyors Act (Cap. 260) is amended by—

(a) in section 2, deleting the definition of "Director"; and

(b) deleting "Director" wherever it appears and substituting "Surveyor-General".

Tax Administration Decree 2009

209. The Tax Administration Decree 2009 is amended by—

(a) in section 2, deleting the following definitions—

(i) "Authority";

(ii) "Fiji Islands Revenue and Customs Authority Act";

(iii) "Gambling Turnover Tax Decree";

(iv) "Income Tax Act";

(v) "Service Turnover Tax Decree; and

(vi) "Value Added Tax Decree";

(b) in section 2 in the definition of "Judicial Services Commission", deleting "the Judicial Service Commission established under the Administration of Justice Decree 2009" and substituting "Judicial Services Commission continued under the Constitution of the Republic of Fiji";

(c) in section 2, inserting the following new definition—

""Permanent Secretary" means the permanent secretary responsible for finance";

(d) in section 2 in the definition of "resident", deleting "resident as defined in the Income Tax Act" and substituting "resident company, resident individual, resident partnership or resident trust as defined in the Income Tax Act 2015";

(e) in section 2 in the definition of "Tax Agents' Board", inserting "or Board" before "means";

(f) in section 2 in the definition of "Tax Court", inserting "or Court" before "means";

(g) in section 2 in the definition of "Tax Tribunal", inserting "or Tribunal" before "means";

(h) in section 2 in the definition of "tax officer", deleting "of the Authority" and substituting "of the Fiji Revenue and Customs Authority";

(i) in section 28(3)(c), deleting "Decree";

(j) in section 31(1)(c), deleting "FRCA board member" and substituting "board member of the Fiji Revenue and Customs Authority";

(k) in section 31(8), deleting "FRCA board member" and substituting "board member of the Fiji Revenue and Customs Authority";

(l) in section 32 (1)—

(i) deleting "regulation 13 of the Income Tax (Employment) Regulations";

(ii) deleting "section 19 of the Fringe Benefit Tax Decree" and substituting "section 131 of the Income Tax Act 2015"; and

(iii) deleting "Hotel Turnover Tax Act" and substituting "Service Turnover Tax Act 2012";

(m) in section 38(1)(h), deleting "our" and substituting "a";

(n) in section 38(9), deleting "Authority" and substituting "Fiji Revenue and Customs Authority";

(o) in section 38(10), deleting "Authority" and substituting "Fiji Revenue and Customs Authority";

(p) in section 48B(1) in the definition of "amnesty", deleting "July" and substituting "January";

(q) in section 57(1), deleting "Authority" wherever it appears and substituting "Fiji Revenue and Customs Authority";

(r) in section 69(2), deleting "Authority" and substituting "Fiji Revenue and Customs Authority";

(s) in section 70, deleting "Authority" and substituting "Fiji Revenue and Customs Authority";

(t) in section 71, deleting "Authority" and substituting "Fiji Revenue and Customs Authority";

(u) in section 112(3), deleting "FIRCA Act" and substituting "Fiji Revenue and Customs Authority Act 1998";

(v) in Schedule 2, deleting paragraph 1(e) and (g); and

(w) in Schedule 2 in paragraph 1(h), deleting ", Decree or Promulgation" and substituting "or any other written law".

Tax Free Zones Decree 1991

210. The Tax Free Zones Decree 1991 is amended in section 3 in the definition of "enforcement officer" by deleting "Fiji Trade and Investment Board" and substituting "Investment Fiji Board".

Telecommunications Promulgation 2008

211. The Telecommunications Promulgation 2008 is amended by—

(a) in section 2(1)—

(i) in the definition of "Commerce Commission", deleting "Commerce Act" and substituting "Commerce Commission Act 2010"; and

(ii) inserting the following new definition—

""Minister" means the Minister responsible for communications";

(b) in section 7(2), deleting "Higher Salaries Commission" and substituting "Minister";

(c) in section 11(1), deleting "Higher Salaries Commission" and substituting "Minister";

(d) in section 13, deleting "Chapters 11 to 40 of the Penal Code (Cap 17)" and substituting "Sections 133 to 151 of the Crime Act 2009";

(e) in section 16(7), deleting "Commerce Act" and substituting "Commerce Commission Act 2010";

(f) in section 26(2), deleting "both Houses of";

(g) in section 31(3), deleting "person or";

(h) in section 31(4), deleting "person or";

(i) in section 31(4)(a), inserting "or licensee" after "the person";

(j) in section 31(4)(b), inserting "or licensee" after "the person";

(k) in section 31(5), deleting "person or";

(l) in section 39(3)—

(i) inserting "and" after "(e) ambulance and fire brigade services"; and

(ii) deleting paragraphs (f) and (g);

(m) deleting section 40(3);

(n) deleting section 40(4);

(o) in section 47(1)(b), (d) and (e), deleting "Chief Executive Officer" wherever it appears and substituting "permanent secretary";

(p) in section 54(3), deleting "Fair Trading Decree" and substituting "Commerce Commission Act 2010";

(q) in section 64, deleting "Higher Salaries Commission" and substituting "Judicial Services Commission";

(r) in section 79(1), inserting "or licensee" after "by a person";

(s) in section 79(2), inserting "or licensee" after "on the person";

(t) in section 79(2)(b), inserting "or licensee" after "the person";

(u) in section 79(3)(a), inserting "or licensee" after "the person";

(v) in section 79(4)(d), inserting "or licensee" after "the person"; and

(w) in paragraph 9(b) of the Schedule, deleting "Fair Trading Decree 1992, the Commerce Act 1988" and substituting "Commerce Commission Act 2010".

Television Decree 1992

212. The Television Decree 1992 is amended by—

(a) in section 19 in the definition of "subsidiary", deleting "Companies Act, 1983" and substituting "Companies Act 2015";

(b) in section 20(2), deleting "Companies Act, 1983" and substituting "Companies Act 2015";

(c) in section 22(4)(b), deleting "Companies Act, 1983" and substituting "Companies Act 2015";

(d) in section 23(7), deleting "Finance Act, 1971" and substituting "Financial Management Act 2004";

(e) in section 27(1)(a), deleting "Companies Act 1983" and substituting "Companies Act 2015"; and

(f) in section 28—

(i) subsection (1), deleting "Schedule 4 to the Companies Act, 1983 (matters to be specified in prospectus and reports to be set out therein)" and substituting "Schedule 3 to the Companies Act 2015";

(ii) subsection (3)(a), deleting "Companies Act, 1983) has been delivered to the Registrar in pursuance of section 45 of the said Act of 1983" and substituting "Companies Act 2015) has been delivered to the Reserve Bank in accordance with section 290 of the Companies Act of 2015"; and

(iii) subsection (5), deleting "sections 41 to 50 of the said Act of 1983 (prospectus requirements)" and substituting "Part 26 of the Companies Act 2015".

Tobacco Control Decree 2010

213. The Tobacco Control Decree 2010 is amended by—

(a) in sections 5(2) and 6(2), deleting "50 penalty points" and substituting " $5,000";

(b) in section 7(4)(a), deleting "200 penalty points" and substituting "$20,000";

(c) in section 7(4)(b), deleting "50 penalty points" and substituting "$5,000";

(d) in section 8(2)(a), deleting "200 penalty points" and substituting "$20,000";

(e) in section 8(2)(b), deleting "50 penalty points" and substituting "$5,000";

(f) in sections 9(7), 10(4), 11(3) and 14(2)—

(i) deleting "50 penalty points" and substituting "$5,000"; and

(ii) deleting "200 penalty points" and substituting "$20,000";

(g) in section 23(4), deleting "10 penalty points" and substituting "$1,000";

(h) in section 23(6), deleting "50 penalty points" and substituting "$5,000";

(i) in section 24(3), deleting "10 penalty points" and substituting "$1,000";

(j) in section 25(5), deleting "500 penalty points" and substituting "$50,000";

(k) in section 26(4), deleting "50 penalty points" and substituting "$5,000";

(l) in section 31(3), deleting "10 penalty points" and substituting "$1,000";

(m) in section 35—

(i) deleting "50 penalty points" and substituting "$5,000"; and

(ii) deleting "100 penalty points" and substituting "$10,000";

(n) in Schedule 2, deleting "points" after "penalty"; and

(o) in Schedule 7—

(i) deleting "5 penalty points" wherever it appears and substituting "$500";

(ii) deleting "10 penalty points" wherever it appears and substituting "$1,000"; and

(iii) deleting "2 penalty points" wherever it appears and substituting "$200".

Tourism Fiji Act 2004

214. The Tourism Fiji Act 2004 is amended in section 11(2) by deleting "by the Higher Salaries Commission" and substituting "in accordance with the Higher Salaries Act 2011".

Trade Standards and Quality Control Decree 1992

215. The Trade Standards and Quality Control Decree 1992 is amended by—

(a) in section 4, inserting the following new definitions—

""Director" means the Director of Trade Measurement;

"Minister" means the Minister responsible for industry and trade;"; and

(b) deleting section 14(1) and substituting the following—

"(1) The permanent secretary responsible for industry and trade shall—

(a) with the approval of the Minister, appoint a Director of Trade and Measurement; and

(b) appoint any such number of inspectors and staff necessary to administer the provisions of this Act."

Trade-Marks Act (Cap. 240)

216. The Trade-Marks Act (Cap. 240) is amended in section 14A(b) by deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015".

Trust Accounts Act 1996

217. The Trust Accounts Act 1996 is amended in section 7(4) by deleting "Law Society" and substituting "Minister".

Trustee Act (Cap. 65)

218. The Trustee Act (Cap. 65) is amended by—

(a) in section 2 in the definition of "trustee corporation", deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation Limited";

(b) in section 10(3)—

(i) deleting "subsection (4) of section 9 the Public Trustee Act" and substituting "section 18(1)(c)(c) of the Fiji Public Trustee Corporation Act 2006"; and

(ii) deleting "Public Trustee" wherever it appears and substituting "Fiji Public Trustee Corporation Limited";

(c) in section 11(4)(a)—

(i) deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation Limited"; and

(ii) deleting "Public Trustee Act" and substituting "Fiji Public Trustee Corporation Act 2006";

(d) in section 12, deleting subsection (1)(d)(iii);

(e) in section 50(1), deleting "Her Majesty's Forces" and substituting "Republic of Fiji Military Forces";

(f) in section 59(8)(a), deleting "Inheritance (Family Provision) Act" and substituting "Inheritance (Family Provision) Act 2004";

(g) in section 60(5), deleting "Inheritance (Family Provision) Act" and substituting "Inheritance (Family Provision) Act 2004"; and

(h) in section 61(2)(a) and (5)(a), deleting "Inheritance (Family Provision) Act" and substituting "Inheritance (Family Provision) Act 2004".

Trustee Corporations Act (Cap. 66)

219. The Trustee Corporations Act (Cap. 66) is amended by—

(a) in section 3(1), deleting "Companies Act" and substituting "Companies Act 2015";

(b) in section 17, deleting "Public Trustee Act" and substituting "Fiji Public Trustee Corporation Act 2006"; and

(c) in section 18—

(i) deleting "Public Trustee" and substituting "Fiji Public Trustee Corporation Limited"; and

(ii) deleting "section 33, of the Public Trustee Act, whereupon the provisions of sections 37 to 41, inclusive, of such Act shall apply" and substituting "section 18 of the Fiji Public Trustee Corporation Act 2006".

Turnover Tax (Miscellaneous Services) Act (Cap. 202A)

220. The Turnover Tax (Miscellaneous Services) Act (Cap. 202A) is amended by—

(a) in section 2—

(i) deleting the definition of "Commissioner"; and

(ii) inserting the following new definition—

"CEO" means the Chief Executive Officer of the Fiji Revenue and Customs Authority appointed under section 27 of the Fiji Revenue and Customs Authority Act 1998;";

(b) in section 5(5), deleting "Part X of the Income Tax Act" and substituting "Part 2 of the Tax Administration Act 2009";

(c) in section 12, deleting "the Deputy Commissioner of Inland Revenue, or a Principal Assessor of Inland Revenue, appointed under section 3 of the Income Tax Act" and substituting "any other officer or employee of the Fiji Revenue and Customs Authority in accordance with section 27(4) of the Fiji Revenue and Customs Authority Act 1998";

(d) deleting "Commissioner" wherever it appears and substituting "CEO"; and

(e) in paragraph 1 of the First Schedule, deleting "Gaming Act" and substituting "Gaming Act 2009".

Unit Titles Act (Cap. 274)

221. The Unit Titles Act (Cap. 274) is amended by—

(a) in section 50(1)(b)(i), deleting "Mental Treatment Act" and substituting "Fiji Public Trustee Corporation Act 2006"; and

(b) in section 50(1)(b)(ii), deleting "within the meaning of the Public Trustee Act" and substituting ", which means a person other than a person of unsound mind (within the meaning of the Fiji Public Trustee Corporation Act 2006) who, by reason of illness or other infirmity, is incapable of conducting his or her business or financial affairs and is so certified by a medical practitioner or medical officer".

University of Fiji Decree 2011

222. The University of Fiji Decree 2011 is amended by—

(a) in section 2, deleting "Companies Act (Cap. 247)" and substituting "Companies Act 2015"; and

(b) in section 44(1), deleting "Company's Act (Cap. 247)" and substituting "Companies Act 2015".

Value Added Tax Decree

223. The Value Added Tax Decree 1991 is amended by—

(a) in section 2—

(i) deleting the definition of "Commissioner";

(ii) inserting the following new definition—

""Chief Executive Officer" means a person appointed under section 27 of the Fiji Revenue and Customs Authority Act 1998";

(iii) in the definition of—

(A) "Commissioner", deleting "the Income Tax Act 1974" and substituting "section 27 of Fiji Revenue and Customs Authority Act 1998";

(B) "Company", deleting Companies Act Cap. 274" and substituting "Companies Act 2015",

(C) "Constitution", deleting "Constitution of the Sovereign Democratic Republic of Fiji made under the Constitution Amendment Act 1997" and substituting "Constitution of the Republic of Fiji 2013";

(D) "resident", deleting "section 2 of the Income Tax Act 1974" and substituting "section 6 of the Income Tax Act 2015";

(E) "trustee", deleting "Pubic Trustee" and substituting "Fiji Public Trustee Corporation";

(b) in section 4(3)(b), deleting "section 79 of the Income Tax Act 1974" and substituting "section 2 of the Income Tax Act 2015".

(c) in section 18(2)(g), deleting "Income Tax Cap. 201" and substituting "Income Tax 2015";

(d) deleting section 70C and substituting the following—

"70C. Notwithstanding anything in this Act, a film production company issued with a certificate under the Income Tax (Film-making and Audio-visual Incentives) Regulations 2016 is entitled to a value added tax refund in respect of its qualifying expenditure under the Income Tax (Film-making and Audio-visual Incentives) Regulations 2016."

(e) in section 82(4)—

(i) deleting "Price and Incomes Board" and substituting "Commerce Commission";

(ii) deleting "Section 3 of the Counter Inflation Act 1973" and substituting "section 7 of the Commerce Commission Act 2010";

(iii) deleting "Board" and substituting "Commission;" and

(iv) deleting "Section 7 of the Counter Inflation Act 1973" and substituting "section 15 of the Commerce Commission Act 2010";.

(f) in section 86(1), deleting "Income Tax Act" and substituting "Income Tax Act 2015"; and

(g) in Schedule 2 in paragraph 14(1)(h), deleting "section 17(63) of the Income Tax Act Cap 201" and substituting "paragraph 3 of Part 9 in the Schedule to the Income Tax (Exempt Income) Regulations 2016".

Valuers Registration Act 1986

224. The Valuers Registration Act 1986 is amended in section 16(2) by deleting" Chapter XII of the Penal Code" and substituting "Subdivision F of Division 1 of Part 12A of the Crimes Act 2009".

Water Authority of Fiji Promulgation 2007

225. The Water Authority of Fiji Promulgation 2007 is amended by—

(a) in section 14(4), deleting "Higher Salaries Commission" and substituting "Higher Salaries Act 2011";

(b) in section 20(b), deleting "both Houses of";

(c) in section 20(10), deleting "the House of Representatives" and substituting "Parliament";

(d) in section 30(5), deleting "Commerce Act 1998" and substituting "Commerce Commission Act 2010"; and

(e) in section 33(1), deleting "Commerce Act 1998" and substituting "Commerce Commission Act 2010".

Water Resource Tax Promulgation 2008

226. The Water Resource Tax Promulgation 2008 is amended in section 2 by—

(a) in the definition of "approved meter", deleting "Department of Fair Trading & Consumer Affairs" and substituting "the Department of National Trade Measurement and Standards"; and

(b) in the definition of "enforcement officer", deleting "Department of Fair Trading & Consumer Affairs" and substituting "Department of National Trade Measurement and Standards".

Widows and Orphans Pensions Act (Cap. 80)

227. The Widows and Orphans Pensions Act (Cap. 80) is amended by, in section 2(1) by deleting the definition of "civil service" and substituting the following—

"civil service" means the service of the State in any capacity, but does not include service in—

(a) an office as a Judge;

(b) a judicial office that is the responsibility of the Judicial Services Commission;

(c) an office in the Republic of Fiji Military Forces;

(d) the office of a member of a commission, tribunal or board established by, or continued in Constitution of the Republic of Fiji;

(e) a statutory authority; or

(f) a government company."

Workmen's Compensation Act (Cap. 94)

228. The Workmen's Compensation Act (Cap. 94) is amended by—

(a) in section 3(1)—

(i) in the definition of "court", deleting "a court of a" and substituting "the"; and

(ii) in the definition of "medical practitioner", deleting "Medical and Dental Practitioners Act" and substituting "Medical and Dental Practitioner Decree 2010";

(b) in section 20, deleting "a court of a" and substituting "the"; and

(c) in section 27(3)(b), deleting "section 260 of the Companies Act" and substituting "section 561 of the Companies Act 2015".

Passed by the Parliament of the Republic of Fiji this 8th day of July 2016.