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Passports Act [Cap 89]

LAWS OF FIJI

CHAPTER 89

PASSPORTS

Act No. 17 of 1971

AN ACT TO MAKE PROVISION FOR THE ISSUE OF PASSPORTS, FOR
THE PRODUCTION OF PASSPORTS BY PERSONS LEAVING OR
ENTERING FIJI AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO

[7th April, 1971]

Short title

1. This Act may be cited as the Passports Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"appropriate form" means a form approved by the Minister for use in any particular case pursuant to the provisions of this Act;

"immigration officer" means an immigration officer appointed under the provisions of any Act relating to immigration;

"overseas representative" means a diplomatic or consular representative of Fiji in any other country and includes any person having authority to act as such on behalf of the Government of Fiji;

"passport" means a current valid travel document which is issued by or on behalf of the Government of any country, containing a photograph and a personal description of the holder which purport to establish the identity and nationality or citizenship of the holder, or which gives a right of re-entry to that country;

"Passport Officer" means the person appointed by the Minister to exercise the powers conferred under this Act and includes any other person designated by the person so appointed.

Issue and cancellation of passports

3.-(1) The Passport Officer shall, upon application made to him in the appropriate form, issue to any citizen of Fiji who satisfies such conditions as may be prescribed, a passport in the appropriate form.

(2) Any passport issued under subsection (1) may be withdrawn or cancelled by the Passport Officer upon an order of the Minister, in any of the circumstances referred to in paragraph (a), (b), (c), (f) or (h) of subsection (3) of section 14 of the Constitution and thereupon any such passport shall become void.

Power to renew and endorse passports

4. The Passport Officer shall, upon application made to him in the appropriate form, renew and endorse passports.

Failure to deliver passport an offence

5. Where a passport has been withdrawn or cancelled under the provisions of section 3, the Passport Officer may require the holder of such passport, by notice in writing served upon him personally, to deliver the passport within such reasonable time as may be specified in the notice and if he fails to do so without reasonable cause he shall be guilty of an offence.

Obtaining passport by false statement

6. Any person who, for the purpose of obtaining a passport, or a renewal or endorsement in respect thereto, makes any representation or statement which he knows to be false or calculated to mislead in a material particular, or recklessly makes any statement which is false or calculated to mislead in a material particular, shall be guilty of an offence.

Power to take possession of passports

7.-(1) It shall be lawful for the Passport Officer, any immigration officer or police officer to take and retain possession of any passport in any case where he has good reason to believe that the passport is in the wrongful possession of any person, or that the passport or a renewal or endorsement in respect thereto has been obtained by means of any false or misleading representation or of any statement that is false or calculated to mislead in a material particular.

(2) Any person having in his possession or under his control any such passport shall, on demand, forthwith deliver such passport to the Passport Officer, immigration or police officer.

(3) Any person who fails without reasonable excuse so to deliver any such passport upon demand shall be guilty of an offence.

Power to issue certificates of identity or other travel documents

8.-(1) Whenever it is not reasonably practicable to issue a passport, the Passport Officer may issue a certificate of identity or other travel document which shall be in the appropriate form.

(2) The provisions of this Act relating to passports shall, subject to such modifications and adaptations as may be necessary, apply to certificates of identity or travel documents issued under the provisions of subsection (1).

Issue of passports by overseas representatives

9.-(1) The Minister may, from time to time, authorise any overseas representative to exercise in that country all or any of the powers and functions of the Passport Officer under this Act, and in every such case the provisions of this Act shall, so far as they are applicable and with such adaptations and modifications as may be necessary, apply accordingly.

(2) In the exercise of any such powers or functions every overseas representative shall act in accordance with such directions, general or special, not inconsistent with the provisions of this Act, as may from time to time be given by the Minister.

(3) Any authority or directions under this section may be given to a specified person or to persons of a specified class, or may be given to the holder or holders for the time being of a specified office or appointment or class of offices or appointments.

Prohibition against leaving or entering Fiji without passports

10.-(1) Subject to the provisions of subsection (3), no person shall leave or enter Fiji unless he is in possession of a valid passport issued by or on behalf of the Government of a country of which he is a national or citizen to the satisfaction of the Passport Officer or an immigration officer.

(2) Every person leaving or entering Fiji shall, on demand by the Passport Officer or any immigration officer, produce his passport.

(3) The Minister may exempt, either conditionally or unconditionally, or upon or subject to such conditions as he may think fit to impose, any person or specified class of persons from compliance with the provisions of subsection (1).

Power to order passports to be delivered

11.-(1) Any person who is required to produce his passport under the provisions of section 10 shall, if so required, and subject to such directions as may be given by the Minister deliver his passport to the Passport Officer or immigration officer before leaving the vessel or aircraft in which he enters Fiji or at any time while he is in Fiji.

(2) Any passport delivered to the Passport Officer or immigration officer under the provisions subsection (1) shall, subject to such directions as may be given by the Minister, be returned to the person who delivered it on such person leaving Fiji.

(3) Any person who fails without reasonable cause to deliver his passport as and when required in accordance with the provisions of this section shall be guilty of an offence.

Visas

12.-(1) No person other than a national or citizen of any country specified in an order made under the provisions of subsection (2) shall enter Fiji unless he is in possession of a valid and current visa.

(2) The Minister may by order published in the Gazette specify countries, the nationals or citizens of which shall be exempted from obtaining a visa before entering Fiji.

(3) A stateless person or a national or citizen of any country not exempted under the provisions of subsection (2) shall not be allowed to enter Fiji unless he has previously obtained a visa from the Passport Officer, an overseas representative or such other person as may be authorised by the Minister to issue visas on behalf of the Government of Fiji.

(4) Nothing in this section shall be construed as exempting any person entering Fiji from compliance with any law relating to immigration in force at the time he enters Fiji.

Alteration, etc. of passport

13.-(1) Any person, other than the Passport Officer or any person acting under the authority of the Minister, who knowingly makes any alteration, addition, deletion or erasure to or in any passport issued under the provisions of this Act shall be guilty of an offence.

(2) A passport shall be invalid if any page has been removed therefrom or if any unauthorised alteration, addition, deletion or erasure has been made thereto or therein.

Offences, penalties, etc.

14.-(1) Every person who is guilty of an offence against this Act, or contravenes the provisions of this Act or any regulation made thereunder, shall be liable on conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(2) Any person who incites or aids and abets any other person to commit or harbours any person whom he knows or has reasonable grounds for believing to have committed an offence against this Act shall be liable, on conviction, to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(3) Where any person is tried for an offence against this Act, the offence shall be deemed to have been committed either at the place where the offence has actually been committed or at any place in which the offender may be found.

Regulations

15.-(1) The Minister may make regulations for carrying the provisions of this Act into effect.

(2) In particular and without prejudice to the generality of the foregoing power such regulations may be made-

(a) prescribing the conditions to be satisfied for the issue of passports;

(b) regulating the issue, renewal or endorsement of passports;

(c) prescribing the procedure for replacing passports and the action to be taken in relation to lost or damaged passports;

(d) regulating the issue of visas;

(e) the imposition and recovery of fees in relation to the issue, renewal or endorsement of passports and grant of visas;

(f) exempting any class of persons or nationals or citizens of any country from payment of fees.

Controlled by Ministry of Labour, Industrial Relations and Immigration

CHAPTER 89

PASSPORTS
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SECTION 12-VISA EXEMPTION ORDER
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TABLE OF PROVISIONS

PARAGRAPHS
1. Short title
2. Exemptions

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Legal Notices Nos. 99 of 1971, 147 of 1971

Short title

1. This Order may be cited as the Visa Exemption Order.

Exemptions

2. The following classes of persons when landing in Fiji are exempted from the necessity of having visas in their passports made by an overseas representative or by a passport officer:-

(a) nationals or citizens of Austria, Belgium, Commonwealth countries, Denmark, Finland, France, Greece, Iceland, Indonesia, Israel, Italy, Japan, Liechtenstein, Luxemburg, the Netherlands, Norway, the Philippines, Republic of Ireland, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, Tunisia, Turkey, United States of America, West Germany;
(Amended by Legal Notice 147 of 1971.)

(b) nationals or citizens of any country not specified in paragraph (a) who hold an outward ticket for travel from Fiji to a destination in another country for which they hold any necessary visa and who are continuing their journey from the port or airport of disembarkation in Fiji to such destination on any ship or aircraft the scheduled time of departure whereof is not more than three hours after the time of such disembarkation.

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SECTION 15-PASSPORT REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Applications for passports
3. Wives
4. Children under the age of 16 years
5. Issue of passports
6. Renewal
7. Emergency passports
8. Endorsement and proof
9. Replacement of passports
10. Visas
11. Fees
Schedule-Fees

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Legal Notices Nos. 62 of 1971, 249 of 1974, 10 of 1978,
45 of 1979, 41 of 1984

Short title

1. These Regulations may be cited as the Passport Regulations.

Applications for passports

2.-(1) Each application for a passport shall be made to the Passport Officer in the appropriate form witnessed by an approved person, and shall be accompanied by-

(a) documentary proof of the applicant's citizenship;

(b) three copies of a recent photograph of the applicant, approximately 2½ inches by 2 inches in size, showing a sufficient likeness of the applicant to the satisfaction of the Passport Officer, one copy of which shall be certified on the reverse by the person witnessing the application;

(c) the prescribed fee.

(2) For the purposes of this regulation, an approved person shall be a person who is a-

Member of Parliament, Head or Deputy Head of Government Department, Mayor, Member of any Town Council or Provincial Council, Magistrate, Barrister at Law, Solicitor, Notary Public, Bank Officer, Justice of the Peace, Minister of Religion, Administrative Officer, Medical or Dental Practitioner, Education Officer, Assistant Education Officer or Head Teacher, Officer or Non-commissioned Officer of the Royal Fiji Military Forces, Officer not below the rank of Corporal in the Royal Fiji Police Force, or University graduate:

Provided that if none of the abovementioned persons is available, the application may be witnessed by any person who is of good repute.

Wives

3. The wife of a citizen of Fiji who has not herself acquired Fiji citizenship shall not be included in her husband's passport.

Children under the age of 16 years

4.-(1) Children under the age of 16 years may, on application made to the Passport Officer in the appropriate form, be included in either of their parents' passports:

Provided that such inclusion shall not of itself confer any right to Fiji citizenship.

(2) Each application for a passport made by a person under the age of 16 years shall contain a declaration made by the parent or guardian of such person giving consent to the issue of such passport.

Issue of passports

5. Passports shall be issued to citizens of Fiji applying therefor if all the conditions prescribed for the issue of such passports have been met. Such passports shall be valid and current for a period of 10 years in the first instance.
(Amended by Legal Notice No. 41 of 1984)

Renewal

6.-(1) A Passport Officer shall, on application therefor being made to him in the appropriate form accompanied by the prescribed fee, renew a passport for a further period of 10 years.

(2) No passport shall be issued for a period of validity, including the period of renewal, exceeding 20 years.
(Amended by Legal Notice No. 41 of 1984)

Emergency passports

7.-(1) The Passport Officer may issue an emergency passport to any person if all the conditions prescribed for the issue of such passports have been met but no such emergency passport shall be issued for a period exceeding 12 months.

(2) An emergency passport shall not under any circumstances be renewed.
(Amended by Legal Notice No. 41 of 1984)

Endorsement and proof

8.-(1) On application made to him in writing, completed in the applicant's own handwriting and accompanied by the prescribed fee, a Passport Officer may endorse a passport.

(2) Documentary proof of the matter intended to be endorsed in the passport shall be produced to the Passport Officer at the time the application is made:

Provided that the Passport Officer may, in his discretion, call for such further proof as he may consider necessary.

Replacement of passports

9.-(1) Any person whose passport has been lost or stolen shall make every effort to obtain recovery thereof and shall forthwith report any such loss or theft to the police.

(2) The Passport Officer shall not replace a lost or stolen passport until he is satisfied that the owner of such passport has taken every reasonable step to recover it.

(3) Application for the replacement of a lost, stolen or damaged passport shall be made to the Passport Officer in the same manner as application is required to be made for the issue of a new passport.

Visas

10.-(1) In this regulation, "visa" means an entry or note on a passport, certificate, or other official document signifying that it has been examined and found correct.

(2) Application for a visa shall be made by or on behalf of the person requiring such visa to the Passport Officer in the appropriate form.

(3) The application should be forwarded with the applicant's passport and the prescribed fee in Fiji currency or its equivalent.

(4) The Passport Officer may, after satisfying himself that he has obtained all the necessary information and that there is no reasonable ground for the application to be refused, issue the visa by making an appropriate entry in the applicant's passport.

(5) A visa may be issued for a single entry only, or for multiple entries, within a specific period of time. The maximum period for which a visa may be issued shall be 2 years if the applicant's passport remains current and valid during that period.

Fees

11.-(1) Subject to subregulation (2), the fees specified in the Schedule are payable in respect of the matters referred to in the Schedule.

(2) Where a fee referred to in subregulation (1) is payable in a country other than Fiji that fee shall be paid in the currency of that country converted at the rate of exchange prevailing at the time of payment rounded to the next highest integral unit of currency of that country.

SCHEDULE
(Regulation 11(1))

(Inserted by Legal Notice No. 41 of 1984.)

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FEES
Item Subject Fee

$

1. Issue of passport ..................................................... 40
2. Renewal of passport ................................................ 20
3. Replacement of lost or damaged passport................. 50
4. Issue of emergency passport under Regulation 7 ...... 20
5. Issue of visa-
single entry................................................................... 5
multiple entry............................................................. 20
6. Endorsement on passport subsequent to issue.......... 10

Controlled by Ministry of Home Affairs

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