AN ACT TO REGULATE THE OBTAINING OF INTERNATIONAL ASSISTANCE IN CRIMINAL MATTERS RELATING TO TAKING OF EVIDENCE, ASSISTANCE IN INVESTIGATIONS AND PROCEDURES FOR FORFEITURE OR CONFISCATION OF PROPERTIES USED IN THE COMMISSION OF A SERIOUS OFFENCE AND RELATED MATTERS
[MAC 3] 3 Interpretation
- appropriate authority
means a person or body authorised under an enactment of, or duly appointed or authorised by, a foreign country to make or receive requests for the purpose of this Act or the Proceeds of Crime Act 1997;
- court
means the High Court of Fiji;
- criminal investigation
means—
- (a)an investigation commenced in Fiji in respect of an offence committed or suspected on reasonable grounds to have been committed or likely to be committed, against the law of Fiji;
- (b)in relation to a foreign country, an investigation commenced in the foreign country in respect of an offence committed, or suspected by that country on reasonable grounds to have been committed or to be likely to be committed, against the law of that country;
[def insrt Act 2 of 2005 s 2, effective 1 September 2005]
- criminal matter
means criminal investigation and criminal proceedings;
[def subst Act 2 of 2005 s 2, effective 1 September 2005]
- criminal proceedings
, in relation to an offence, means a trial of a person for the offence or proceedings in respect of the offence to determine whether a person should be tried for the offence (whether or not a particular person is specified at the commencement of the proceedings as the person in relation to whom the determination is to be made);
- facsimile copy
means a copy obtained or sent by facsimile transmission;
- foreign forfeiture order
means an order, made under the law of a foreign country, for the forfeiture of property in respect of an offence against the law of that foreign country;
- foreign law immunity certificate
means a certificate given, or a declaration made, by a foreign country or under a law of a foreign country, certifying or declaring that, under the law of the foreign country, persons generally or a specified person could or could not, either generally or in specified proceedings and either generally or in specified circumstances, be required—
- (a)to answer a specified question; or
- (b)to produce a specified document;
- foreign pecuniary penalty order
means an order made under the law of a foreign country for a person to pay to the foreign country an amount representing the value (or part thereof) of the person’s benefits from an offence against the law of that country;
[def insrt Act 2 of 2005 s 2, effective 1 September 2005]
- foreign prisoner
means a person who is being held in custody pending trial for, or sentence for, or is under a sentence of imprisonment for, an offence against a law of a foreign country, but does not include a person who is at large after having escaped from lawful custody;
- forfeiture order
means a forfeiture order within the meaning of the Proceeds of Crime Act 1997;
- foreign restraining order
means an order, made under the law of a foreign country, restraining a person, or persons, from dealing with property, being an order made in respect of an offence against the law of that foreign country;
- money laundering offence
means an offence under section 69 or 70 of the Proceeds of Crime Act 1997;
- offence
includes an offence against a law relating to taxation, customs duties or other revenue matters or relating to foreign exchange control;
- pecuniary penalty order
means a pecuniary penalty order within the meaning of the Proceeds of Crime Act 1997;
[def insrt Act 2 of 2005 s 2, effective 1 September 2005]
- prisoner
means a person who is being held in custody pending trial for, or sentence for, or is under a sentence of imprisonment for, an offence against a law of Fiji, but does not include a person who is at large after having escaped from lawful custody;
- prison
includes a gaol, lock-up or other place of detention;
- proceeds
has the same meaning as in the Proceeds of Crime Act 1997;
- proceedings
in relation to a criminal matter, includes proceedings before a judicial officer for the purpose of—
- (a)gathering evidential material that may lead to the laying of a criminal charge; or
- (b)assessing evidential material in support of the laying of a criminal charge;
- property
has the same meaning as in the Proceeds of Crime Act 1997;
- property-tracking document
has the same meaning as in the Proceeds of Crime Act 1997;
- restraining order
means a restraining order within the meaning of the Proceeds of Crime Act 1997;
- serious offence
means an offence for which the maximum penalty prescribed by law is death, or imprisonment for not less than 6 months or a fine of not less than $500;
[def am Act 2 of 2005 s 2, effective 1 September 2005]
- tainted property
has the same meaning as in the Proceeds of Crime Act 1997;
- trial
in relation to an offence in a foreign country, includes any proceedings to determine whether a person should be convicted of the offence; and
- video link
means a video and sound system that enables persons assembled in a place in a country to see, hear or talk to persons assembled in a place in another country.
The Laws of Fiji