- Laws of Fiji

Last Updated: 1 August 2023

[FRC 32G] Departure prohibition order32G

32G

(1) Where a person is subject to an amount due and the Chief Executive Officer believes on reasonable grounds that it is desirable to do so for the purposes of ensuring that the person does not depart from Fiji for a foreign country without—

(a)wholly discharging the amount due; or
(b)making arrangement satisfactory to the Chief Executive Officer for the liability to be wholly discharged,

the Chief Executive Officer may, by order in accordance with the prescribed form co-signed by a board member of the Service, prohibit the recipient departing from Fiji for a foreign country.

(2) The Chief Executive Officer must state the following on the departure prohibition order—

(a)the name and address of the recipient; and
(b)the amount due that is or will become payable.

(3) A departure prohibition order has effect throughout Fiji, including aboard any vessel or aircraft within Fiji.

(4) A copy of a departure prohibition order issued in respect of a recipient must, as soon as practicable, be served on the recipient, and upon the Commissioner of Police and the Director of Immigration.

(5) If a departure prohibition order is issued in respect of a recipient, the Commissioner of Police and the Director of Immigration must exercise the powers that they lawfully possess, or cause an officer under their direction to exercise such powers, so far as is necessary to prevent the recipient from departing Fiji, including the removal and retention of the recipient’s passport, identity card, visa or other travel document authorising the recipient to leave Fiji.

(6) A recipient the subject of a departure prohibition order must be refused customs or immigration clearance.

(7) A departure prohibition order remains in force until revoked by the Chief Executive Officer or upon the expiration of 3 years from the date of the order being issued, whichever is the earlier.

(8) The Chief Executive Officer must revoke a departure prohibition order co-signed by a board member of the Service if—

(a)the recipient makes payment in full of the amount due or that will become payable by the recipient; or
(b)the recipient makes an arrangement satisfactory to the Chief Executive Officer for payment of the amount due that is or will become payable by the recipient.

(9) As soon as practicable after making a decision to revoke a departure prohibition order, the Chief Executive Officer must serve notice of revocation on the recipient and on any person on whom a copy of the departure prohibition order was served.

(10) No proceedings, criminal or civil, may be instituted or maintained against the State, the Chief Executive Officer, a revenue officer authorised to act under this section, or a customs, immigration, police or other officer for anything lawfully done under this section.

[s 32G insrt Act 39 of 2020 s 4, effective 1 September 2020]