- Laws of Fiji

Last Updated: 1 August 2023

[CUS 103] Power to require ships etc to bring to103

103

(1) The master of a ship entering Fiji or operating within Fiji shall bring his or her ship to for boarding on being signalled to do so by any ship in the service of the Fiji Revenue and Customs Service or any other ship in the service of Fiji.

[subs (1) am Act 31 of 2016 s 51, effective 1 December 2016; Act 38 of 2017 s 7, effective 1 August 2017]

(2) The master of an aircraft entering Fiji or operating within Fiji shall land the aircraft on being signalled to do so by a proper officer.

(3) A ship may be fired upon if—

(a)that ship is liable to forfeiture or examination pursuant to the provisions of the customs law;
(b)that ship does not bring to when so required;
(c)that ship has been chased by a ship in the service of the Fiji Revenue and Customs Service or in the service of Fiji, which has flown the proper flag and fired a gun as a signal; and
(d)that ship continues to fail to bring to.

[subs (3) am Act 31 of 2016 s 51, effective 1 December 2016; Act 38 of 2017 s 7, effective 1 August 2017]

(4) A master of an aircraft or ship who contravenes any of the provisions of this section is guilty of an offence and is—

(a)in the case of the master of a light aircraft or a ship of less than 250 tonnes register, liable to a fine not exceeding $40,000 or to a term of imprisonment not exceeding 10 years, or both, and the aircraft or ship in respect of which the offence is committed is liable to forfeiture;
(b)in the case of the master of an aircraft other than a light aircraft or of a ship of 250 tonnes register or more, liable to a fine not exceeding $200,000 or to a term of imprisonment not exceeding 10 years, or both; and the aircraft or ship in respect of which the offence is committed may be seized and detained until the fine is paid or satisfactory security therefore is given.

[subs (4) am Act 28 of 1996 s 13, effective 27 December 1996; Decree 9 of 2010 s 24, effective 1 January 2010; Act 37 of 2017 s 23, effective 30 June 2017]

(5) In this section, “light aircraft” means an aircraft licensed to carry less than 8 passengers.