|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
[Report an error]
[F.A.Q.]
Fiji Sessional Legislation |
GOVERNMENT
OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF
FIJI
DECREE NO. 35 OF
1992
TELEVISION DECREE 1992
ARRANGEMENT OF SECTIONS
___________
PART I-PRELIMINARY
SECTION
1. Short title and commencement
2.
Interpretation
PART II-LICENCE TO BROADCAST
3. Exclusive privilege
4. Licence to broadcast
5.
Penalty
6. Grade Period
7. Validity of licence
8. Power of the Minister
to vary, revoke or impose further conditions
9. Revocation or suspension of
licence
PART III-POWER OF MINISTER TO GIVE DIRECTION AND TO AUTHORISE INSPECTION
10. Licensee to comply with direction given by the
Minister
11. Inspection
PART IV-LICENCES FOR INSTALLING MAINTAINING WORKING OR DEALING IN TELEVISION BROADCAST RECEIVER
12. Interpretation
13. Grant of licences
14.
Prohibitions
15. Power of Minister to exempt
16. Compounding of
offences
17. Transitional provisions
18. General penalty
PART V-TRANSFER OF UNDERTAKING OF FIJI NATIONAL VIDEO CENTRE
19. Interpretation
20. Vesting of Property etc. of Fiji
National Video Centre
21. Power of Minister to override
22. Initial
Government holding
23. Conversion of loans
24. Government investment in
Company securities
25. Exercise of Minister's functions through
nominees
26. Temporary restrictions on Company borrowings
27. Liability of
Minister.
28. Application of law on share and debenture offers
PART VI-MISCELLANEOUS
29. Power of search
30. Delegation of powers
31.
Power of the Minister to authorize or to license and to prescribe terms and
conditions of advertisement messages
32. Special powers in emergency
33.
Power to make regulations
------------------------------
A DECREE TO PROVIDE FOR THE CONTROL OF TELEVISION SERVICES AND FOR MATTERS CONNECTED THEREWITH
IN exercise of the powers vested in me as President of the
Sovereign Democratic Republic of Fiji and Commander-in-Chief of the Armed
Forces, and acting in accordance with the advice of the Prime Minister and the
Cabinet, I hereby make the following Decree:
PART I-PRELIMINARY
1. This Decree
may be cited as the Television Decree, 1992 and shall come into force on such
date as the Minister may, by notification
appoint.
2. In this Decree,
unless the context otherwise requires:
"broadcast matter" means any signs or signals transmitted by a television station for aural and visual reception, and includes any music, theatrical or other entertainment, concert, lecture, speech, address, news and information of any kind so transmitted for reception by the general public;
"television broadcasting service" means a service whereby sounds and visual images are transmitted by the person operating the service to viewer's of the service by means of radio waves, wire or cable;
"television station" means a station which transmits broadcast matter by radio waves, wire or cable for reception by the general public through television broadcast receivers;
"the commencement date" means the date appointed by the Minister on which this Decree shall come into force;
"Government" means the Government of the Sovereign Democratic Republic of Fiji;
"Minister" means the Minister responsible for television.
PART II-LICENCE TO BROADCAST BY TELEVISION
Exclusive privilege
3. The Government
shall have the exclusive privilege of:
(a) broadcasting any broadcast matter by television in Fiji;
(b) broadcasting any broadcast matter by television to any place, ship or aircraft outside Fiji; and
(c) receiving in Fiji any broadcast matter transmitted from any place, ship or aircraft outside Fiji.
Licence to broadcast
4.-(1) No person
shall broadcast any broadcast matter by television in Fiji except under or in
accordance with a licence granted under
this Part.
(2) A licence issued,
under this Part shall be in addition to any licence issued under any other
written law relating to the licensing
of any television station.
(3)
Every such licence shall be in such form and may contain such terms and
conditions as the Minister may determine.
(4) In granting a licence under
this Part, the Minister may require the licensee to pay a premium for the issue
of the licence or
such annual fee, rent or royalty as the Minister may
determine.
Penalty
5. Any person who
broadcasts any broadcast matter by television without a licence shall be guilty
of an offence under this Part and
shall, on conviction, be liable to a fine not
exceeding one hundred thousand dollars or to imprisonment for a term not
exceeding
three years or to both.
Grace period
6. Where a person
would, but for this section, be liable to a penalty for not being licensed under
this Part, he shall not be so liable:
(a) until the expiration of the period of six months after the date of the coming into force of this Decree; or
(b) where, before the expiration of that period, he applies to be licensed; or
(i) he is licensed; or
(ii) his application to be licensed is refused.
Validity of licence
7. A licence
granted under this Part shall be subject to such conditions as may be endorsed
therein and shall, unless sooner revoked
or suspended, be valid for a period not
exceeding twelve years from the date of the granting or issue of such licence,
or at any
rate for such shorter period as may be specified in the
licence.
Power of the Minister to vary, revoke or impose further conditions
8.-(1) Subject to
subsection (2), the Minister may, during the currency of a licence, by notice in
writing to the licensee, vary or
revoke any of the conditions upon which the
licence is granted under this Part or impose further conditions.
(2) The
Minister shall give not less than fourteen days notice in writing of his
intention to vary or to impose a further condition
and shall specify in the
notice the variation proposed or the conditions to be revoked or
imposed.
Revocation or suspension of licence
9.-(1) Subject to
subsection (2), the Minister may, by notice in writing to the licensee, suspend
or revoke a licence granted under
this Part where he is satisfied that one of
the following grounds exists:
(a) the licensee has failed to pay an amount as stipulated in the licence;
(b) the licensee has failed to comply with the provisions of this Decree;
(c) the licensee is no longer a fit and proper person to hold the licence;
(d) the licensee no longer has the financial, technical and management capabilities necessary to operate the broadcasting station;
(e) the licensee has failed to comply with the direction given by the Minister;
(f) the licensee has failed to comply with the conditions specified in the licence; or
(g) it is advisable in the public interest, for a special reason, to do so.
(2)
The Minister shall before suspending or revoking any licence under the
provisions of subsection (1), give the licensee notice
in writing of his
intention to do so and calling upon the person concerned to show cause to him
why such licence should not be suspended
or revoked, as the case may be.
PART III-POWER OF MINISTER TO GIVE DIRECTION AND TO AUTHORIZE INSPECTION
Licensee to comply with direction given by the Minister
10.-(1) It shall
be the duty of the licensee to ensure that the broadcasting of the broadcast
matter by him complies with the direction
given, from time to time, by the
Minister.
(2) The Minister may, in the interest of the general public, by
notice given by telegram or in writing or by any form of communication
prohibit
a television station from broadcasting any matter, or matter of any class or
character, specified in the notice, or may
require such a station to refrain
from broadcasting any such matter, and the station shall comply with the notice
forthwith.
(3) For the purpose of exercising his powers and functions
under this Decree, the Minister shall have power to issue such directions
and do
such other things as he thinks fit as long as it is not in contravention of this
Decree.
Inspection
11. A television
station shall, at all reasonable times, be open to inspection by any officer,
being specially authorized in writing
by the Minister and the licensee shall
provide such as officer every assistance and facility for the
inspection.
PART IV-LICENCES FOR INSTALLING, MAINTAINING OR WORKING OR DEALING IN TELEVISION BROADCASTING RECEIVER
Interpretation
12. In this
Part:
"licence" means licence for installing, maintaining or working or dealing in television broadcast receiver;
"television broadcast receiver" means any apparatus used for the aural and visual reception of broadcast matter transmitted by radio waves through either wire and cable or by means of any other electro-magnetic waves in the electro-magnetic spectrum designed for television broadcasting services.
Grant of licences
13.-(1) The
Minister may issue licences:
(a) to install, maintain or work television broadcast receiver; or
(b) to deal in television broadcast receiver.
(2) The Minister may delegate his
power of issuing licences to such officer or officers as he thinks fit and may
appoint officers
for the purpose of carrying into effect the provisions of this
Part.
Provided that no delegation of the power of issuing licences shall
affect the exercise of that power by the Minister.
(3) All such officers
shall be deemed to be public officer or the Sovereign Democratic Republic of
Fiji.
Prohibitions
14.-(1) No person
shall:
(a) install, maintain or work any television broadcast receiver;
(b) offer for sale, sell or have in his possession with a view to sell television broadcast receiver,
except under and in accordance with a licence granted under this Part.
(2) Any person who installs, maintains
or works or deals in any television broadcast receiver without a licence shall
be guilty of
an offence and shall be liable on conviction to a fine not
exceeding three thousand dollars or to imprisonment for a term not exceeding
twelve months and in either case shall be liable to forfeit any television
broadcast receiver installed, maintained or worked without
a licence.
(3)
Any person who is in possession of any television broadcast receiver or the
occupier of any dwelling house of premises in which
television broadcast
receiver in respect of which a licence is not in force shall, until the contrary
is proved, be deemed to work
the same.
(4) It shall be a defence to a
prosecution for an offence under subsection (3) that such occupier was not aware
and could not with
reasonable diligence have become aware of the existence in
the dwelling house or premises of the television broadcast in question.
Power of Minister to exempt
15.
Notwithstanding section 14, the Minister may, by order exempt and either
unconditionally or subject to such terms and conditions
as the Minister shall
determine any person or class of persons any television broadcast receiver from
the operation of the section.
Compounding of offences
16.-(1) Any
officer, being authorized in writing in that behalf by the Minister, may
compound an offence under section 14 or any regulation
made under Part VI by
accepting from any person reasonably suspended of having committed such offence
a sum of money not exceeding
three hundred dollars.
(2) The Minister may
prescribe the forms to be used and the procedure for compounding the
offences.
Transitional provisions
17. Any licence
in respect of any television broadcast receiver issued under any other enactment
or Decree or any regulations made thereunder
shall, on the date of the coming
into operation of this Decree, be deemed to have been issued under this Part and
shall expire or
be renewable on the first day of the month following the date on
which it would have expired or been renewed if this Decree had not
been
enacted.
General penalty
18. Every
omission or neglect to comply with, and every decree done or attempted to be
done contrary to this Part or any regulation made
under Part VI or in breach of
the conditions and restrictions subject to or upon which any licence has been
issued, shall be deemed
to be an offence under this Decree, and for every such
offence, not otherwise specially provided for, the offender shall, in addition
to the forfeiture of any article seized, be liable to a fine not exceeding one
thousand five hundred dollars.
PART V-TRANSFER OF UNDERTAKING OF FIJI NATIONAL VIDEO CENTRE
Interpretation
19.-(1) In this
Part:
"debenture" includes debenture stock;
"securities", in relation to a company; includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;
"shares" includes stock;
"subsidiary" has the meaning assigned in the Companies Act, 1983;
"the Company" means the company nominated by the Minister under section 20;
"the transfer date" means the day appointed by the Minister under section 20.
(2) An order under section 20(2) below
nominating any company for the purposes of that section and an order under
subsection (1) of
that section appointing the transfer date may be varied or
revoked by a subsequent order at any time before any property, rights
or
liabilities vest in any company by virtue of section 20.
(3) A company
shall be regarded for the purposes of this Part as wholly owned by the
Government at any time when all the issued shares
in the company are held by or
on behalf of the Government.
Vesting of Property etc. of Fiji National Video Centre
20.-(1) On the
transfer date the Minister may by order appoint for the purposes of this Part,
all the property, rights and liabilities
to which the Fiji National Video Centre
was entitled or subject immediately before that date shall, without further
assurance (subject
to the following provisions of this section) become by virtue
of this section property, rights and liabilities of the Company nominated
for
the purposes of this section by the Minister.
(2) The Minister may, by
order nominate for the purposes of this section any company formed and
registered under the Companies Act,
1983; but on the transfer date the company
in question must be a company limited by shares all of which are held on behalf
of the
Government.
(3) References in this Decree to property, rights and
liabilities of the Fiji National Video Centre are references to all such
property,
rights and liabilities, whether or not capable of being transferred or
assigned by the Fiji National Video Centre.
(4) It is hereby declared for
the avoidance of doubt that:
(a) any reference in this Decree to property of the Fiji National Video Centre is a reference to property of the Fiji National Video Centre whether situated in Fiji or elsewhere.
(b) any such reference to rights or liabilities of the Fiji National Video Centre to which the Fiji National Video Centre is entitled, or (as the case may be) liabilities to which it is subject, whether under the law of Fiji or otherwise;
(c) any such reference to the property, rights or liabilities of the Fiji National Video Centre shall be a reference to all property, rights and liabilities appearing in the books of account kept by the Fiji National Video Centre as property, rights and liabilities belonging to it, and shall include:
(i) all property (real or personal) which before the commencement date is vested in the Fiji National Video Centre (or in any public officer in the Centre) and held in trust for the Government or deemed to be invested by the Government therein;
(ii) all property (real or personal) which, immediately before the commencement date, is vested in the Government and used, or appropriated for use, for the exercise and performance of any of the functions of the Fiji National Video Centre (or the statutory functions of any public officer within the Centre);
(iii) all rights and liabilities enjoyed by, or incumbent on, the Government immediately before the commencement date with reference to the functions of the Fiji National Video Centre (or the statutory functions of any public officer within the Centre);
(d) Any such reference to the property, rights or liabilities of the Fiji National Video Centre shall not include:
(i) any contract of employment;
(ii) any liability in respect of any pension or gratuity to any person who immediately before the transfer date was a pensionable officer within the laws for the time being in force governing the payment of pensions by the Government;
(iii) any property, rights or liabilities the subject of any agreement entered into in pursuance of subsection (6) or (8) below.
(iv) where any interest in any property, or right covered by sub-section (4) (c) above is divided, the proportional division thereof.
(5) Public
records and copyright shall be excepted from the operation of subsection (1)
above.
(6) Subject to section 21, any time before the transfer date the
Fiji National Video Centre and the Company may agree in writing that
subsection
(1) shall not have effect in relation to any property, rights and liabilities
specified in the agreement.
(7) Without prejudice to any the provision of
this Decree, the Government and the Company shall as soon as practicable after
the transfer
date, as far as practicable, arrive at such written agreements and
execute such other instruments as are necessary or expedient to
identify, and
define the property, rights and liabilities transferred to the Company or
retained by the Government under this section
or section 21 and will fulfil the
requirements of any law, which might have applied if the property, rights and
liabilities had been
transferred otherwise than by and under this
Decree.
(8) Subject to section 21, at anytime before the expiration of
twelve months beginning with the transfer date the Fiji National Video
Centre
and the Company may agree in writing that, as from such date, not earlier than
the commencement date, as may be specified
in or determined by or under the
agreement and in such circumstances (if any) as may be so specified:
(a) there shall be transferred from the Fiji National Video Centre to, and vested in, the Company any property, rights and liabilities specified in the agreement; or
(b) there shall be transferred from the Company to, and vested in, the Fiji National Video Centre any property, rights and liabilities so specified.
(9) In
the case of any agreement under subsection (8) the property, rights and
liabilities in question shall on the date of the coming
into force of the
agreement be transferred, and by virtue of the agreement vest, in accordance
with the agreement.
(10) All deeds, bonds, instruments and agreement, and
working arrangements (whether or not in writing) subsisting immediately before
the transfer date, affecting any of the property, liabilities or rights
transferred to the Company under this section or section
21 from the Fiji
National Video Centre shall be of full force and effect against or in favour of
the Company, and enforceable as
fully and effectually as if, instead of the Fiji
National Video Centre, the Government or any person acting on behalf thereof,
the
Company had been named therein or had been a party thereto.
(11) Any
proceedings or cause of action pending or existing immediately before the
transfer date by or against the Fiji National Video
Centre, the Government or
any person acting on behalf of the Government in respect of any of such
transferred undertaking shall be
continued or enforced by or against the Company
as it might have been enforced against the Fiji National Video Centre, the
Government
or such person, if this Decree had not been made.
(12) Any
transfer effected by or made under this section shall be binding on all other
persons, and notwithstanding that it would
apart from this section have required
the consent or concurrence of any other persons.
(13) Where any property,
rights or liabilities which fall to be transferred under this section cannot be
properly vested hereunder
because transfers thereof are governed otherwise than
by the laws of Fiji, the person from whom such property, right or liability
is
transferred shall take all practicable steps for the purpose of securing that
such property, right or liability is effectively
transferred under this
section.
Power of the Minister to override section 20 in case of difficulty or uncertainty
21.-(1) If it
appears to the Minister expedient so to do for the purpose of removing any
difficulties or uncertainties arising out of
the operation of the section 20, he
may by order:
(a) direct that such property, rights or liabilities as maybe specified in the order (being property, rights or liabilities which, apart from the order, would vest in the Company by virtue of that section or which have so vested) shall, notwithstanding that section, not so vest or as the case may be, be deemed not to have so vested; or
(b) direct that such property (other than land), rights or liabilities as may be so specified (being property, rights or liabilities which, apart from the order, would not so vest or which have not so vested) shall, notwithstanding that section, so vest or be deemed to have so vested on the commencement date or, as the case may be, on such day as may be so specified.
(2) No order shall be made under
this section by the Minister with respect to chattels or corporeal moveables
after the expiration
of the period of twelve months beginning with the transfer
date.
(3) The Minister may give a certificate certifying that such
property, rights or liabilities specified in the certificate (being property,
rights or liabilities which may have vested by virtue of section 20 but which
vesting is uncertain) are by virtue of this Decree
for the time being vested in
the Government or the Company, which ever is specified, and the certificate
shall be conclusive evidence
for all purposes of such fact.
(4)
Subsection (12) and (13) of section 20 above shall apply for the purposes of
this section as they apply for the purposes of that
section.
Initial Government holding in the Company
22.-(1) As a
consequence of the vesting in the Company by virtue of sections 20 and 21 of
property, rights and liabilities of the Fiji
National Video Centre, the Company
shall issue such securities of the Company as the Minister may from time to time
direct:
(a) to the Minister; or
(b) to any person entitled to require the issue of the securities following their initial allotment to the Minister.
(2) The Minister shall not give a
direction under subsection (1) above at a time when the Company has ceased to be
wholly owned by
the Government.
(3) Securities required to be issued in
pursuance of this section shall be issued or allotted at such time or times and
on such terms
(as to allotment) as the Minister may direct.
(4) Shares
issued in pursuance of this section:
(a) shall be of such nominal value as the Minister may direct; and
(b) shall be issued as fully paid and treated for the purposes of the Companies Act, 1983 as if they had been paid up by virtue of the payment of the Company of their nominal value in cash.
(5) The Minister may not exercise any
power conferred on him by this section, or dispose of any securities issued or
of any rights
to securities initially allotted to him in pursuance of this
section, without the consent of the Minister responsible for finance.
(6)
Any dividends or other sums received by the Minister in right of or on the
disposal of any securities or rights acquired by virtue
of this section shall be
paid into the Consolidated Fund.
(7) Stamp duty shall not be chargeable
in respect of any increase in the capital of the Company which is effected by
the issue of
shares allotted at a time when the company wholly owned by the
Government and is certified by the Minister responsible for finance
as having
been:
(a) effected for the purpose of complying with the requirements of this section; and
(b) where any convertible securities were issued in pursuance of this section, effected in consequence of the exercise of the conversion rights attached to those securities.
Conversion of certain loans vested in the Company
23.-(1) The
Minister responsible for finance may by order extinguish all or any liabilities
of the Company to the Government in respect
of the principal
.or interest (including prospective
interest) of such transferred loans as may be specified in the order, and the
Consolidated Fund,
in particular the Lending Fund Account, shall be adjusted and
the assets of such Fund shall accordingly be reduced by amounts corresponding
to
the liability so extinguished.
(2) As a consequence of the extinguishment
by an order under subsection (1) above of any such liabilities, the Company
shall issue
such securities of the Company as the Minister may direct:
(a) to the Minister; or
(b) to any person entitled to require the issue of the securities following their actual allotment to the Minister.
(3) The Minister responsible for
finance shall not make an order under this section nor shall the Minister give
any direction under
this section at any time when the Company
has-ceased to be wholly owned by
the Government.
(4) Except as may be agreed between the Minister and the
Company:
(a) the aggregate of the principal sums payable under any debentures issued to repay that which is extinguished by the order; and
(b) the terms as to the payment of the principal sums so payable, and as to the payment of interest thereon,
shall be the same as the corresponding terms of the transferred loans specified in the order.
(5) For the purposes of
subsection (4) above any express or implied terms of a transferred loan shall be
disregarded in so far as
they relate to the early discharge of liabilities to
make repayments or principal and payments of interest.
(6) Subsections
(3) and (7) of section 22 shall apply for the purposes of this section as they
apply for the purposes of that section.
(7) For the avoidance of doubt it
is hereby declared that the principal sums payable under debentures issued in
pursuance of this
section are to be regarded as money lent for the purposes of
the Finance Act, 1981.
(8) In this section "transferred loan" means any
sum borrowed or treated as borrowed by the Fiji National Video Centre the
liability
to repay which vests in the Company by virtue of sections 20 and
21.
Government investment in securities of the Company
24.-(1) The
Minister may at any time, with the consent of the Minister responsible for
finance, acquire:
(a) securities of the Company or of any subsidiary of the Company; or
(b) rights to subscribe for any such securities.
(2) The Minister may not dispose
of any securities or rights acquired under this section without the consent of
the Minister responsible
for finance.
(3) Any expenses incurred by the
Minister in consequence of the provisions of this section shall be paid out of
public funds.
(4) Any dividends or other sums received by the Minister in
right of, or on the disposal of, any securities or rights acquired under
this
section shall be paid into the Consolidated Fund.
(5) Stamp duty shall
not be chargeable under the Stamp Duties Act (Cap. 205) in respect of any
increase in the capital of the Company
which:
(a) is effected by the issue of shares allotted at a time when the Company is wholly owned by the Government; and
(b) is certified by the Minister responsible for finance as having been effected by the issue of shares subscribed for by the Minister under subsection (1) (a) above.
Exercise of the Minister's functions through nominees
25.-(1) The
Minister may with the consent of the Minister responsible for finance appoint
such person or persons as he thinks fit to
act as his nominee for the purposes
of section 22, 23 or 24; and:
(a) securities of the Company may be issued under section 22 or 23 to any nominee of the Minister appointed for the purposes of that section or to any person entitled to require, the issue of the securities following their initial allotment to any such nominee; and
(b) any such nominee appointed for the purposes of section 24 may acquire securities or rights in accordance with that section,
in accordance with directions given from time to time by the Minister with the consent of the Minister responsible for finance.
(2) Any person holding any securities
or rights as a nominee of the Minister by virtue of subsection (1) above shall
hold and deal
with them (or any of them) on such terms and in such manner as the
Minister may direct with the consent of the Minister responsible
for
finance.
Temporary restrictions on Company's borrowings etc
26.-(1) If the
articles of association of the Company confer on the Minister powers exercisable
with the consent of the Minister responsible
for finance for, or in connection
with, restricting the sums of money which may be borrowed or raised by the
Company or by the group
during any period, those powers shall be exercisable in
the national interest notwithstanding any rule of law and the provisions
of any
written law.
(2) For the purposes of this section any alteration of the
articles of association of the Company which:
(a) has the effect of conferring or extending any such power as if mentioned in subsection (1) above; and
(b) is made at a time when the Company has ceased to be wholly owned by the Government,
shall be disregarded.
(3) In this section
"group" means the Company and all of its subsidiaries taken together.
Liability of Minister in respect of liabilities vested in the Company
27.-(1) This
section applies where:
(a) a resolution has been passed, in accordance with the Companies Act 1983, for the voluntary winding-up of the Company, otherwise than merely for the purpose of reconstruction or amalgamation with another company; or
(b) without any such resolution having been passed beforehand, an order has been made for the winding up of the Company by the Court under that Act.
(2) The Minister
shall become liable on the commencement of the winding-up to discharge any
outstanding liability of the Company which
is vested in that company by virtue
of section 20 or 21.
(3) Any sums required by the Minister for
discharging any liability imposed on him by this section shall be paid out of
public funds.
(4) Where the Minister makes a payment to any person in
charge of what appears to him to be a liability imposed on him by this section,
he shall, thereupon become a creditor for the Company to the extent of the
amount paid, his claim being treated for the purposes
of the winding-up as a
claim in respect of the original liability.
(5) Any sums received by the
Minister in respect of any claim made by virtue of subsection (4) above in the
winding-up of the Company
shall be paid into the Consolidated Fund.
(6)
The reference in subsection (2) above to the commencement of the winding up is a
reference:
(a) in a case within subsection (1) (a) above, to the passing of the resolution; and
(b) in a case within subsection (1) (b) above, to the making of the order.
Application of law in relation to offer of shares or debentures of the Company
28.-(1) This
section applies where the Minister or his nominee offers for sale to the public
shares or debentures of the Company at a
time when it is wholly owned by the
Government; and in this section "full prospectus" means a prospectus which
complies, or is deemed
to comply, with the requirements of Schedule 4 to the
Companies Act, 1983 (matters to be specified in prospectus and reports to be
set
out therein).
(2) If the shares or debentures are offered by a full
prospectus as respects which the conditions mentioned in subsection (3) below
are fulfilled (in this section referred to as "the offer prospectus"), any form
of application for the shares or debentures made
(instead of being issued with a
full prospectus) be issued with a notice given by the Minister which
includes:
(a) a brief description of the shares or debentures offered, the terms of the offer, the Company's business and its financial position;
(b) an indication of the places in Fiji where copies of the offer prospectus are to be available for inspection by members of the public; and
(c) a statement of the effect of subsections (4) and (5) below.
(3) The said
conditions are:
(a) that a copy of the prospectus (as defined in section 2 of the Companies Act, 1983) has been delivered to the Registrar in pursuance of section 45 of the said Act of 1983; and
(b) that arrangements have been made with a view to securing:
(i) that on or before the date of receipt of the form of application by a member of the public a copy of the prospectus is published in a national newspaper; and
(ii) that on that date copies of the prospectus are generally available in Fiji for inspection by members of the public.
(4) Where a form of
application is issued without a full prospectus but with a notice given by the
Minister under subsection (2) above,
then, for the purposes of any written law
or any rule of law:
(a) the notice shall be taken to have incorporated the offer prospectus; and
(b) any application for the shares or debentures which is made in pursuance of the notice shall be taken to have been made in pursuance of that prospectus.
(5)
Where a form of application is issued without a full prospectus, neither the
form of application nor any document which is issued
with it shall be regarded
as a prospectus for the purposes of sections 41 to 50 of the said Act of 1983
(prospectus requirements)
but only, where the form of application is issued
without a notice given by the Minister under subsection (2) above, for the
purpose
of determining the liability of persons other than the Minister.
PART VI-MISCELLANEOUS
Power of search
29.-(1) Any
officer, being specially authorized in writing, in that behalf by the Minister,
may at any reasonable hour enter and search
any premises or vehicle where such
officer has reasonable cause to believe that an offence under this Decree or any
regulations made
thereunder has been or is being committed and may seize any
television broadcast receiver as defined under section 12 which appear
to him to
be used in the commission of the offence.
(2) Any person who refuses such
officer access to such premises or vehicle or otherwise obstructs or hinders him
in effecting an entrance
thereto shall be guilty of an offence and shall be
liable, on conviction, to a fine not exceeding two thousand dollars or to
imprisonment
for a term not exceeding six months or to both.
Delegation of powers
30. The Minister
may delegate all or any of his powers under this Decree, except the power to
make regulations to such officer or officers
as he deems fit, and may appoint
officers for the purpose of carrying into effect the provisions of this
Decree
Power of the Minister to authorize or to licence and to prescribe terms and conditions of advertisement messages
31.-(1) The
Minister shall have the power to authorize or grant a licence on such conditions
as he thinks fit to any company, firm, person
or persons to undertake the
selling of airtime on behalf of the Government as it appears to him to be
necessary.
(2) The Minister may, by regulations, fix rates and prescribe
terms and conditions or restrictions subject to which any advertisement
messages
may be transmitted by a television station, including Government television
stations.
Special powers in emergency
32.-(1) On the
occurrence of any public emergency or in the interest of public safety, the
Prime Minister or any officer specially authorized
by him in that behalf may
take over the broadcasting of any broadcast matter by the station which has been
licensed to broadcast
under this Decree.
(2) If any doubt arises as to
the existence of a public emergency or whether any act done under subsection (1)
was in the interest
of public safety, a certificate signed by the Prime Minister
and exhibited at such place as the Minister deems fit shall be conclusive
proof
on the point.
(3) Where the Government takes over the broadcasting of any
broadcast matter under subsection (1) adequate compensation shall be
paid.
Power to make regulations
33. The Minister
may make regulations for:
(a) prescribing the forms for the licences for working, installing, maintaining or dealing in television broadcast receiver under Part IV and the manner in which applications for the licences are to be made;
(b) prescribing the terms, and conditions and restrictions on and subject to which such licences are granted;
(c) prescribing the fees payable on the grant of such licences;
(d) regulating the licensing of the dealers in and the sale of television broadcast receiver;
(e) ensuring that the terms and conditions upon which a licence issued under this Decree is granted are observed;
(f) prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Decree.
Made this 29th day of May
1992.
PENAIA K. GANILAU
President of
the Sovereign Democratic Republic of Fiji and
Commander-in-Chief of the Armed
Forces
--------------------------------
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback|
Report an error
URL: http://www.paclii.org/fj/legis/num_act/td1992154