Last Updated: 1 August 2017

[EFT 2] Interpretation2 

2
In this Act, unless the context otherwise requires—
applicant

means a company registered under the Companies Act 2015 who applies to be a solution provider;

[def am Act 31 of 2016 s 153, effective 1 December 2016]

associate

, in relation to a person, means—

  • (a)the person's spouse, de facto spouse or relative;
  • (b)a relative of the person's spouse or de facto spouse;
  • (c)if the person or another person who is an associate of the person under another paragraph receives benefits or is capable of benefiting under a trust, the trustee of the trust;
  • (d)a person, whether a company or not, who—
    • (i)acts, or is accustomed to act; or
    • (ii)under a contract or an arrangement or understanding, whether formal or informal, is intended or expected to act,

    in accordance with the directions, instructions or wishes of, or in concert with, the first mentioned person or of the first mentioned person and another person who is an associate of the first mentioned person under another paragraph; or

  • (e)if the person is a company, another company if the other company is a related entity or a related body corporate of the person;
authorised officer

means a person appointed as such under section 9;

back office

means infrastructure that has the necessary applications and databases for the omnibus electronic fare ticketing system;

blacklist

means the act of disabling the use of a buscard by the solution provider upon receiving proper and valid notification from the—

  • (a)registered user of the buscard;
  • (b)Ministry of Education; or
  • (c)Department of Social Welfare;

[def insrt Act 35 of 2017 s 4, effective 1 August 2017]

buscard

means a plastic card with or without magnetic stripe which follows Near Field Communication standards and possesses a built-in microprocessor for storing cash value data, and which is capable of—

  • (a)storing information for authentication which has to be encrypted;
  • (b)making contactless transactions;
  • (c)recording the details of travel in an omnibus for which payment has been made;
  • (d)storing at least 9 most recent transactions;
  • (e)read and write functionality including recording and storing the cash value of the buscard reflecting the deduction of fares for each journey made by the passenger; and
  • (f)transferring information to other electronic devices so as to monitor and store payments made using the system and to reflect payment of travel in a passenger vehicle;

[def am Act 35 of 2017 s 4, effective 1 August 2017]

buscard reader

means a machine that is designed and intended to be used electronically to read and deduct omnibus fares from a buscard;

buscard validating machine

means a machine which is designed and intended to be used electronically to record information and add value to and top up a buscard when the card is scanned on the machine upon payment by the person;

Bus Fare Assistance Scheme

means the assistance provided to a student who qualifies for free omnibus fare to the primary or secondary school he or she attends because his or her parents’ combined annual income is less than $15,000;

Commission

means the Fijian Competition and Consumer Commission established under the Fijian Competition and Consumer Commission Act 2010;

[def am Act 41 of 2017 s 25, effective 1 August 2017]

commissioning

has the meaning given to it under the National and Trade Measurement Regulations 1989;

de factorelationship

means the relationship between a man and a woman who live with each other as spouses on a genuine domestic basis, although not legally married to each other;

de factospouse

means a person in a de facto relationship;

designated area

means an area of land or within premises owned or occupied by a highway authority that has been designated by means of signs in or near where the buscard validating machine is installed;

disposable buscard

means a temporary buscard that is purchased by a person and that does not require registration by a solution provider;

[def insrt Act 35 of 2017 s 4, effective 1 August 2017]

e-money

means any funds stored electronically in exchange of funds paid to a solution provider and which is used for the payment of omnibus fares;

existing solution provider

means a person that was granted accreditation prior to the commencement of this Act;

faulty buscard

means a buscard that is unable to be topped up or unable to be used for travel on an omnibus other than due to inadequate funds on it;

financial institution

has the meaning given to it under the Banking Act 1995;

FRCS

means the Fiji Revenue and Customs Service established under the Fiji Revenue and Customs Service Act 1998;

[def am Act 38 of 2017 s 7, effective 1 August 2017]

highway authority

has the meaning given to it under the Land Transport Act 1998;

IP

means internet protocol;

LTA

means the Land Transport Authority established under the Land Transport Act 1998;

message specifications

means a standardised format of messages to be exchanged among the back offices of different solution providers to allow for interoperability;

Minister

means the Minister responsible for communications;

Ministry

means the Ministry of Communications;

MSR

means the minimum standard requirements set out in the Schedule;

omnibus

has the meaning given to it under the Land Transport Act 1998;

omnibus company

means a road route licence holder as outlined in section 65(3)(a) of the Land Transport Act 1998;

[def am Act 31 of 2016 s 153, effective 1 December 2016]

omnibus operator

means the owner of an omnibus;

other passenger

means a person who is not a subsidised student or subsidised senior citizen or person with disability;

pattern

has the meaning given to it under the National and Trade Measurement Regulations 1989;

pattern approved

has the meaning given to it under the National and Trade Measurement Regulations 1989;

Permanent Secretary

means the permanent secretary responsible for communications;

person

means a natural person or any company, association or body of persons, corporate or unincorporate;

point of sale

means either a place designated by a solution provider or a buscard validating machine installed in a designated area;

principal

has the meaning given to it under the National and Trade Measurement Regulations 1989;

promoter

means a person who supports or advocates for a body corporate, and who assumes the financial responsibilities of an event for a body corporate;

proof of concept

means an applicant's demonstration of its ability or capability to comply with and fulfill the requirements of this Act;

related body corporate

means, where a body corporate is a holding company of another body corporate or a subsidiary of another body corporate or a subsidiary of a holding company of another body corporate, the first mentioned body and the other body are related to each other;

related entity

, in relation to a body corporate, means a—

  • (a)promoter of the body;
  • (b)spouse, de facto spouse or relative of such a promoter;
  • (c)relative of a spouse, or of a de facto spouse, of such a promoter;
  • (d)director or member of the body or of a related body corporate;
  • (e)spouse, de facto spouse or relative, of such a director or member;
  • (f)relative of a spouse, or of a de facto spouse, of such a director or member;
  • (g)body corporate that is related to the first mentioned body;
  • (h)beneficiary under a trust of which the first mentioned body is or has at any time been a trustee;
  • (i)spouse, de facto spouse or relative of such a beneficiary;
  • (j)relative of a spouse, or of a de facto spouse, of such a beneficiary;
  • (k)body corporate, one of whose directors is also a director of the first mentioned body; or
  • (l)trustee of a trust under which a person is a beneficiary, where the person is a related entity of the first mentioned body because of any other application or applications of this definition;
relative

, in relation to a person, means—

  • (a)a parent, grandparent or step-parent of the person;
  • (b)a son, daughter, grandchild or stepchild of the person;
  • (c)a brother, sister, half-brother, half-sister, stepbrother or stepsister of the person;
  • (d)an uncle or aunt of the person;
  • (e)a nephew or niece of the person;
  • (f)a cousin of the person;
  • (g)if the person is or was married, a person who is or was a relative, of the kind described in paragraphs (a) to (f) of the person's spouse; or
  • (h)if the person is or was in a de facto relationship with another person, a person who would be a relative of the kind described in paragraphs (a) to (f) if the persons in that de facto relationship were or had been married to each other;
repairer

has the meaning given to it under the National and Trade Measurement Regulations 1989;

Social Welfare Bus Fare Concession Scheme

means the assistance provided to a senior citizen or person with disability by the Department of Social Welfare;

solution provider

means a company registered under the Companies Act 2015 that—

  • (a)has been granted a certificate of accreditation by the Permanent Secretary;
  • (b)is responsible for the—
    • (i)supply or sale of buscards and buscard readers, and the installation and connectivity of buscard readers; and
    • (ii)maintenance and management of information generated from buscard readers;

[def am Act 31 of 2016 s 153, effective 1 December 2016]

spouse

, in relation to an individual, means an individual who is legally married to the first mentioned individual;

student

means a person who is studying at a primary or secondary school;

subsidised senior citizen or person with disability

means a senior citizen or person with disability who qualifies for the Social Welfare Bus Fare Concession Scheme;

subsidised student

means a student who qualifies for the Bus Fare Assistance Scheme;

supply

means to provide a free good or service; and

VAT

means Value Added Tax.