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Public Safety Act [Cap 19]

LAWS OF FIJI

Ed. 1978]

CHAPTER 19

PUBLIC SAFETY

Ordinances Nos. 1 of 1920, 2 of 1945;
Act 16 of 1969.

AN ACT TO CONFER ON THE GOVERNOR-GENERAL POWER TO MAKE BETTER PROVISION FOR THE PUBLIC SAFETY DURING TIMES OF CIVIL COMMOTION

[12th February, 1920.]

Short title

1. This Act may be cited as the Public Safety Act.

Governor-General may make regulations in emergency

2. Whenever the Governor-General is satisfied that a state of civil commotion which threatens the public safety exists or is likely to arise in Fiji or any part thereof, or that an occasion has arisen or is threatened of such a nature as to be calculated, by interfering with the supply or distribution of food, water, fuel or light, or the maintenance of health or health services to deprive the community or any substantial portion thereof of the essentials of life, he may, by order under his hand, make regulations for all or any of the following matters, that is to say-
(Substituted by 17 of 1960, s. 2, and amended by 37 of 1966, s. 24.)

(a) the regulation, restriction or prohibition of the entry of all or certain persons or certain classes of persons into, the movement of such persons within, and the exit of such persons from, such area, or areas as may from time to time be prescribed by the Governor-General;

(b) the regulation or restriction of the movement of means of transport and the supply of animals or articles which give motive power to the means of transport;

(c) the regulation or restriction of the supply or possession of intoxicating liquor and the prohibition or restriction of the opening or closing of premises or any part of premises in which intoxicating liquor is sold or supplied or of the opening or closing of any kava saloon, hop beer saloon or restaurant licensed under the Business Licensing Act.
(Cap. 204.) (Amended by 2 of 1945, s. 57.)

(d) the regulation of the storage, possession or use by all persons or by certain classes of persons or by persons in particular areas or by persons following particular occupations of firearms, ammunition or explosives and all or any offensive weapons or instruments of whatsoever description and the seizure and forfeiture thereof and the limitation or variation of the conditions of any licence, certificate or permit possessed by any persons under any law relating to arms, ammunition or explosives;

(e) the regulation, restriction or prohibition of gatherings of persons in any place whatsoever and the prohibition of the holding of meetings in any place whatsoever without the permission of the Commissioner of Police, and any gathering of persons or meeting held in contravention of any of the provisions of any regulations made under this paragraph shall be deemed to be an unlawful assembly and may be dealt with accordingly;

(f) the prohibition and prevention of any description of intimidation or act or threats of violence or any other disorderly conduct of whatsoever description; and

(g) generally for all such matters as in the opinion of the Governor-General will better provide for the public safety.
(Section amended by 37 of 1966, s. 24.)

Penalty for contravening regulations

3. Any person who infringes or contravenes any of the provisions of any of the regulations made by the Governor-General under this Act shall be guilty of an offence and shall be liable to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding two years or to both such fine and imprisonment.
(Amended by 2 of 1945, s. 57, 37 of 1966, s. 24, and 16 of 1969, s. 2.)

Defacing regulations, etc.

4. Any person who without lawful authority (the proof whereof shall be upon him) defaces, obliterates, covers over, removes or destroys any copy of any of the regulations made by the Governor-General under this Act affixed to any building or place shall be guilty of an offence and shall be liable to a fine not exceeding forty dollars or to imprisonment for any term not exceeding two months.
(Amended by 2 of 1945, s. 57, and 37 of 1966, s. 24.)

Powers of arrest and search

5.-(1) Any magistrate, police officer, special constable, or member of Her Majesty's Forces may arrest without warrant any person who so acts as to endanger the public safety, or who is guilty, or whom he suspects on reasonable grounds of being guilty, of an offence against any regulations made under this Act.

(2) Any police officer, special constable, or member of Her Majesty's Forces who has effected an arrest under this section shall as soon as practicable report such arrest to a magistrate and, unless the arrested person has in the meantime been released, produce such person before a magistrate.

(3) Any police officer of or above the rank of inspector may without warrant and with or without assistance, and using force if necessary-

(a) enter and search any premises;

(b) stop and search any vessel, vehicle or individual, whether in a public place or not,

if he suspects on reasonable grounds that any evidence of the commission of an offence against such regulations is likely to be found on such premises, vessel, vehicle or individual, and may seize any evidence so found.

(4) Whenever it is necessary under such regulations to cause a woman to be searched, the search shall be made by another woman and strict regard shall be had to decency.

(5) For avoidance of doubt it is declared that the powers conferred under this section shall be in addition to and not in substitution for any powers of arrest or search conferred by any other law.

Promulgation of regulations, orders, etc., and judicial notice

6.-(1) When any regulation is made under this Actor any order is made or direction given under regulations made under this Act, such regulation, order or direction shall be promulgated in such manner as the Governor-Genera or other authority making or giving the same thinks necessary for bringing it to the notice of persons who in his opinion ought to have notice of it, and such regulations, orders or directions shall, notwithstanding anything contained in section 21 of the Interpretation Act, have effect as soon as notice as aforesaid has been given, without publication in the Gazette. Such regulations, orders or directions shall however be published in the Gazette as soon as circumstances permit.
(Cap. 7.)

(2) Without prejudice to the provisions contained in the said section as to judicial notice, any copy of any such regulation, order or direction as aforesaid, which purports-

(a) to be printed by the Government Printer; or

(b) to be certified to be a true copy of the original by the Permanent Secretary of the Ministry,

shall be judicially noticed, and shall in all courts of law be conclusive evidence of the making and publication of such regulation, order or direction and of the fulfilment of all the conditions precedent to the making thereof.
(Section substituted by 17 of 1960, s. 5.)

Controlled by Minister of Home Affairs

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