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LAWS OF FIJI
BACK Ed. 1978 (also in ed. 1985) CHAPTER 7 INTERPRETATION ACT
ARRANGEMENT OF SECTIONS PART I-PRELIMINARY SECTION 1. Short title. PART II - GENERAL PROVISIONS OF INTERPRETATION 2. Interpretation of terms and application. PART III - GENERAL PROVISIONS IN RELATION 4. Acts to be published in Gazette, and to be public Acts. PART IV - SUBSIDIARY LEGISLATION 21. Publication and commencement of subsidiary legislation. PART V - DELEGATION OF STATUTORY POWERS 29. Miscellaneous functions. PART VI - GENERAL PROVISIONS REGARDING POWERS, DUTIES 32. Signification of orders, etc., of Governor-General. PART VII - GENERAL PROVISIONS REGARDING 50. Standard time. PART VIII - GENERAL PROVISIONS REGARDING 55. Evidence of signature of Governor-General, Prime Minister, Minister or other
officers. PART IX - GENERAL MISCELLANEOUS PROVISIONS 63. Gazette to be evidence of matters therein. PART X - GENERAL PROVISIONS 69. References to Crown. ------------------------------------------- INTERPRETATION Ordinance Nos. 11 of 1967, 33 of 1968, 27 of 1970, AN ACT TO MAKE BETTER PROVISION IN THE LAW RELATING TO THE CONSTRUCTION, INTERPRETATION AND PUBLICATION OF THE LAW AND FOR MATTERS INCIDENTAL THERETO
(2) Where any word or expression is defined in any written law, such definition shall extend, mutatis mutandis, to the grammatical variations and cognate expressions of such word or expression. (3) In every written law, except where a contrary intention appears, words and expressions importing the masculine gender include females. (4) In every written law, except where a contrary intention appears, words and expressions in the singular include the plural and words and expressions in the plural include the singular. (5) Where any written law authorises or requires any document to be served by post, whether the expression "serve" or "give" or "send" or any other expression is used, then, unless a contrary intention appears, the service shall be deemed to be effected by properly addressing to the last known postal address of the person to be served, prepaying and posting, by registered post, an envelope containing the document, and, unless the contrary is proved, to have been effected at the time at which the envelope would be delivered in the ordinary course of the post. (6) Where any written law authorises or requires any notice or document to be served, then unless the contrary intention appears, such notice or document may be served either-
(7) For the purpose of any written law, unless the context otherwise requires-
Provided that, where the identity of the father of any person cannot be ascertained, the male progenitors of that person may instead be traced through that person's mother. †(8) For the purposes of any written law the certificate of the
Attorney-General shall be sufficient proof that any country or territory is or was a
country or territory of the Commonwealth at the date specified in such certificate. Amendments in relation to certain expressions 3. Except where the context otherwise requires or where the subject or context is inconsistent with the following amendments:-
PART III-GENERAL PROVISIONS IN RELATION TO WRITTEN LAW 4. Every †Act shall be published in the Gazette, shall be a public
†Act and shall be judicially noticed.
Commencement of the †Act 5.-(1) Subject to the provisions of subsection (2), an †Act
assented to by the †Governor-General shall come into operation on the day on which it
is published in the Gazette. (2) If it is enacted in the †Act that the †Act or any
provision thereof shall come or be deemed to have come into operation on some other day,
the †Act or, as the case may be, such provision shall come or be deemed to have come
into operation accordingly.
Division of sections 6. Every section of an †Act shall have effect as a substantive enactment
without introductory words.
Applied Acts to be read with necessary modifications 7. Any applied Act shall, subject to the †Act giving it
force or application in or to Fiji, be read with such formal alterations as to names,
localities, courts, officers, persons, money, penalties, or otherwise as may be necessary
to make the same applicable to the circumstances, and in particular any reference to a
Probate Court, Bankruptcy Court or Admiralty Court, or similar expression, shall be
construed as a reference to the Supreme Court exercising the appropriate jurisdiction. Citation of imperial enactments and applied Acts, ‡ judicial
notice. 8. Any imperial enactment or applied Act may be cited by its
short title or citation, if any, or by reference to the regnal or calendar year in
which it was passed and its Chapter or number ‡and shall be judicially
noticed.
Construction of reference to imperial enactments and applied Acts 9. A reference in any written law to any imperial enactment or to any applied Act, or to any provision, part or division thereof, shall, unless a contrary intention appears, be construed as a reference to the same as the same may be amended from time to time and as a reference to any such imperial enactment or applied Act, or to any provision, part or division thereof, substituted therefor, if such amendment or substitution extends or applies to Fiji.
Mode of citing laws 10.-(1) Where any written law is referred to, it shall be sufficient for all
purposes to cite such written law either by the short title or citation, if any, by which
it is made citable, or, in the case of an †Act, by the year in which it was made and
its number among the †Acts of that year, or, in the case of any revised edition of
the written law issued under any †Act providing for the issue of a revised edition,
by its short title or its Chapter number; and the reference may in all cases be made
according to the copies of †Acts printed by the Government Printer or by any printer
appointed by or on behalf of the †Governor-General to print such revised edition. (2) Any such citation of a written law shall, unless a contrary
intention appears, be construed as a reference to such written law as amended from time to
time by any other †Act or written law.
Effect of amendments to laws 11. Where any written law is amended by any subsequent written law, the original law together with all amendments thereto shall be read and construed together from the date of commencement of the amendments or retrospectively, as the case may be, and the short title or citation of the original law shall be construed to include all written law covered by the same short title or citation.
Schedule and tables to be part of written laws 12. Every schedule to or table in any written law shall, together with any notes thereto (unless a contrary intention appears), be construed and have effect as part of such written law.
Subdivision of written laws 13. When a written law is divided into Chapters, Parts, titles or other subdivisions, the fact and particulars of such division and subdivision shall, with or without express mention thereof in such written law, be taken notice of in all courts and for all purposes whatsoever.
Time when written low comes into operation 14. Where any written law, or part thereof, came or comes into operation on a particular day, it shall be deemed to have come or shall come into operation immediately on the expiration of the day next preceding such day.
Repealed written law not revived 15. Where any written law repealing in whole or in part any former written law is itself repealed, such last repeal shall not revive the law or provisions before repealed unless words are added reviving such written law or provisions.
Repeal of amended law to include amendments 16. Where any written law which has been amended by any other written law is itself repealed, such repeal shall, unless a contrary intention appears, include the repeal of all those provisions of other written law, by which such first-mentioned written law has been amended.
Repeal and substitution 17. Where any written law repeals wholly or partially any former written law and substitutes provisions for the written law repealed, the written law shall remain in force until the substituted provisions come into operation.
Provisions respecting amended written law and effect of repealing written law 18.-(1) Where in any written law a reference is made to another written law, such reference shall, except where the context otherwise requires, be deemed to include a reference to such last-mentioned written law as the same may from time to time be amended. (2) Where a written law repeals and re-enacts, with or without modification, any provision of a former written law, references in any other written law to the provisions so repealed, shall, unless a contrary intention appears, be construed as references to the provisions so re-enacted. (3) Where a written law repeals in whole or in part any other written law, then, unless a contrary intention appears, the repeal shall not-
Effect of repeal of Act on subsidiary legislation 19. Where any †Act or part of an †Act is repealed, subsidiary legislation
issued under or made in virtue thereof, shall, unless a contrary intention appears, remain
in force, so far as it is not inconsistent with the repealing †Act, until it has been
revoked or repealed by subsidiary legislation issued or made under the provisions of such
repealing †Act, and shall be deemed for all purposes to have been made thereunder.
Effect of expiry of written law 20. Upon the expiry, of any written law, the provisions of sub-section (3) of section 18 shall apply as if such written law had been repealed at the time of such expiry.
PART IV-SUBSIDIARY LEGISLATION Publication and commencement of subsidiary legislation 21. All subsidiary legislation shall be published in the Gazette, shall be judicially noticed and shall come into operation on the day of such publication, or, if it is enacted either in the subsidiary legislation or in some other written law that such subsidiary legislation shall come into operation on some other day then, it shall come into operation accordingly.
Retrospective operation of subsidiary legislation 22. Any subsidiary legislation may be made to operate retrospectively to any date, not being a date earlier than the commencement of the written law under which such subsidiary legislation is made, but so, however, that no person shall be made or become liable to any penalty whatsoever in respect of any act committed or of the failure to do anything before the day on which such subsidiary legislation is published in the Gazette.
Construction of subsidiary legislation 23. Where any †Act confers power to make or issue any
subsidiary legislation, expressions used in the subsidiary legislation shall, except where
a contrary intention appears have the same respective meanings as in the †Act
conferring the power, and any reference in such subsidiary legislation to "the
†Act" shall mean the †Act conferring the power to make such subsidiary
legislation.
Exercise of powers between publication and commencement of †Act 24. Where an †Act is not to come into operation immediately on
the publication thereof and confers powers to make any appointment, to make any subsidiary
legislation, to prescribe forms or to do any other things for the purposes of the
†Act, such powers may, unless a contrary intention appears, be exercised at any time
after the publication of the †Act, but so, however, that any subsidiary legislation
or any instrument made in exercise of such power shall not, unless a contrary intention
appears in the †Act or the contrary is necessary for bringing the †Act into
operation, come into operation until the †Act comes into operation. General provisions with respect to power to make subsidiary legislation 25. Where an †Act confers power on any person or authority to make or issue subsidiary legislation, the following provisions shall, unless a contrary intention appears, have effect with reference to the making of such subsidiary legislation-
† Amended by Order 8th October, 1970.
Reference to written laws and subsidiary legislation 26. Any reference to a written law in any other written law shall include a reference to any subsidiary legislation made under the written law to which reference is made.
Acts done under subsidiary legislation 27. An act shall be deemed to be done under any †Act or by
virtue of the powers conferred by any †Act or in pursuance or execution of or under
the authority of any †Act, if it is done under or by virtue of or in pursuance of
subsidiary legislation made under any power contained in that †Act.
Fees and charges 28.-(1) Where any †Act confers powers on any person or authority to make or issue subsidiary legislation whereby provision may be made in respect of fees or other charges, such subsidiary legislation may provide for all or any of the following matters:-
(2) Where any reduction, waiver or refund in whole or in part, of any fees or charges is provided for, such reduction, waiver or refund may be expressed to apply or be applicable either generally or specifically:
and may be expressed to apply or be applicable subject to such
conditions as may be specified in the subsidiary legislation or in the discretion of any
person or authority specified therein.
PART V - DELEGATION OF STATUTORY POWERS DUTIES *Miscellaneous functions 29.-(1) Where at the 4th day of September, 1970, any functions are vested in or conferred upon any public officer by or under the provisions of any Act otherwise than by delegation, such functions, notwithstanding any provision to the contrary but subject to the provisions of subsection (3) shall be deemed to be vested-
Provided that until a Minister delegates such functions (but always without prejudice to the performance thereof by him) they shall, subject to his directions, be exercised by the public officer specified in such Act in accordance with the provisions thereof. (2) Where, by or under any Act, any functions are vested in, or
conferred upon a Minister or Assistant Minister, whether by delegation or otherwise, the
†Prime Minister may, if from any cause during any period such Minister or Assistant
Minister is unable to exercise such functions, direct that they may be performed and
exercised by a Minister or Assistant Minister designated by the †Prime Minister,
subject to such conditions, exceptions and qualifications as the †Prime
Minister may direct, which in the case of delegated functions, shall be subject to
such conditions, exceptions and qualifications as may be contained in the original
delegation. (3) The provisions of subsections (1) and (2) shall not apply to functions conferred upon or vested in-
(4) For the purposes of this section "performing judicial functions" means the holding of proceedings, in which evidence may be taken on oath.
Delegation of statutory powers and duties 30.-(1) Where, by or under any Act, any functions are conferred upon or vested in the †Governor-General or the †Cabinet it shall be lawful for the †Governor-General or the †Cabinet to delegate the functions conferred upon or vested in him to any Minister. (2) Where, by or under any Act, any functions are conferred upon, vested in or delegated to any Minister, it shall be lawful for the Minister to delegate such functions to any Assistant Minister or public officer. (3) Such delegation as aforesaid shall be signified by notice in the Gazette and may be made subject to such conditions, exceptions or qualifications as are specified in such notice. (4) Subject to the provisions of subsection (6) nothing in this section shall authorise the †Governor-General or the †Cabinet to delegate-
(5) Nothing in this section shall authorise any Minister to delegate-
(6) Notwithstanding the provisions of subsection (4), where, by or
under any Act, any power is to be signified by proclamation it may be delegated but upon
delegation such signification (other than by the †Governor-General or by the
†Cabinet) shall be by notice in the Gazette.
Appeals may be heard by any fit and proper person 31. Where, by or under the provisions of any Act, an appeal
against the decision of any person or authority is made to the †Governor-General, the
Cabinet or any Minister, it shall be lawful for the †Governor-General, the
†Cabinet or the Minister, as the case may be, to appoint any fit and proper person
for the purposes of hearing such an appeal and of advising as to the decision that should
be made thereon.
PART VI-GENERAL PROVISIONS REGARDING POWERS, DUTIES Signification of orders, etc., of †Governor-General 32. Where any written law *(including any Order in Council) confers or imposes upon the †Governor-General a power or duty to make any subsidiary legislation or appointment, give any directions, issue any order, authorise any thing or matter to be done, grant any exemption, remit any fee or penalty or exercise any other power or perform any other duty, the exercise of such power or the performance of such duty by the †Governor-General may, unless a contrary intention appears, be signified under the hand of a Minister, †any Permanent Secretary to a Ministry or any Assistant Secretary: Provided that proclamations and warrants shall be made or issued only
under the hand of the †Governor-General.
Signification of orders, etc., of †Cabinet 33. Where any written law confers or imposes upon the
†Cabinet the power or duty to make any subsidiary legislation or any appointment,
give any directions, issue any order, authorise any thing or matter to be done, grant any
exemption, remit any fee or penalty or exercise any other power or perform any other duty,
it shall be sufficient if the exercise of such power or the performance of such duty by
the †Cabinet is signified under the hand of the person for the time being appointed
as the Secretary to the †Cabinet.
When Governor-General not obliged to consult †Cabinet 34. Where any power is conferred upon the
†Governor-General by or under any Act, he shall not be obliged to consult the
†Cabinet in the exercise of that power unless it is expressed, in whatever terms, to
be a power exercisable by the †Cabinet.
Powers and duties to be exercised and performed from time to time. 35. Where any written law confers any power or imposes any duty, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion arises.
Powers and duties of holder of office 36. Where any written law confers any powers or imposes any duty on the holder of any office as such, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by the person for the time being holding that office.
*Registrar-General and Administrator-General 37. Where, by or under any written law, anything is appointed or allowed to be done by the Registrar-General or by the Administrator-General, the same may also be lawfully and for all purposes effectually done by any person gazetted as a Legal Officer, Senior Legal Officer or Principal Legal Officer and assigned to the Office of the Administrator-General.
Appointment of officers by name or office 38. Where, by or under any written law, the †Governor-General,
any Minister or any public officer or public body is empowered to appoint or name a person
to have and exercise any powers or perform any duties, the †Governor-General, such
Minister or such officer or body may either appoint a person by name or direct the person
for the time being holding any office designated by the †Governor-General, such
Minister, or by such officer or body, to have and exercise such powers or perform such
duties; and thereupon, or from the date specified by the †Governor-General, by such
Minister or by such officer or body, the person appointed by name or the person holding
the office aforesaid shall have and may exercise such powers or perform such duties
accordingly.
Reference to holder of office includes person discharging functions of that office 39. In any written law, instrument, warrant or process of any kind, any reference to a person holding an office shall include a reference to any person for the time being lawfully discharging the functions of that office.
Power to appoint substantively pending retirement, etc., of existing office holder 40.-(1) Where the substantive holder of any public office constituted by or under
any written law is on leave of absence pending relinquishment by him of such office, or
has been instructed by the †Government to take up a special duty or is otherwise
absent, it shall be lawful for another person to be appointed, substantively to the same
public office. (2) Where two or more persons are holding the same office by reason of an appointment made, in accordance with subsection (1), then, for the purpose of all written law and in respect of every power conferred or duty imposed upon the holder of such office, the person last appointed to the office shall be deemed to be the holder thereof.
Construction of enabling words 41. Where any written law confers power upon any person to do or to enforce the doing of any act or thing, all such powers shall be deemed to be also conferred as are necessary to enable the person to do or to enforce the doing of the act or thing.
Power to appoint chairman, etc., of board, etc. 42. Where by or under any written law power is given to any person or authority to appoint any board, commission, committee or similar body, it shall be lawful for such person or authority, as the case may be unless a contrary intention appears, to appoint a chairman, a deputy chairman, a vice-chairman and a secretary of such board, commission, committee or similar body and to make rules governing the procedure of such board, commission, committee or similar body.
Power to appoint public officer to service on board, etc. 43. Where by or under any written law power is given to any person or authority to appoint any persons to be members of any board, commission, committee or similar body, it shall be lawful for such person or authority, as the case may be, unless a contrary intention appears, so to appoint, by his official designation, any public officer, and, on such appointment and until such appointment shall be revoked or otherwise determined, the person for the time being holding the office in question shall be a member of such board, commission, committee or similar body.
Power to appoint to include power to suspend, dismiss, etc., and to appoint, etc. 44. Where by or under any written law a power or duty is conferred or imposed upon any person or authority to make any appointment or to constitute or establish any board, commission, committee or similar body, then, unless a contrary intention appears, the person or authority having such power or duty shall also have the power to remove, suspend, dismiss or revoke the appointment, of, and to re-appoint or reinstate, any person appointed in the exercise of the power or duty, or to revoke the appointment, constitution or establishment of, or dissolve, any board, commission, committee or similar body appointed, constituted or established, in exercise of such power or duty, and to re-appoint, reconstitute or establish the same: Provided that where the power or duty of such person or authority so to act is exercisable only upon the recommendation, or is subject to the approval or consent, of some other person or authority, then such powers shall, unless a contrary intention appears, be exercisable only upon such recommendation or subject to such approval or consent.
Power to appoint alternate or temporary members 45. Where by or under any written law any board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless a contrary intention appears, any person or authority who is by such written law empowered to appoint any or all of the members thereof may-
and, when attending any meeting of such board, commission, committee or similar body, such alternate or temporary member shall be deemed for all purposes to be a member of the same.
*Power to appoint when Government is a member 46. Where the Government is a member of, or is entitled to send or appoint a
nominee, representative or proxy to represent it at, or to vote at, any meeting of,
any company, board, commission, committee or similar association or body of persons,
whether corporate or unincorporate, the Minister may appoint a person to represent the
Government, and the person so appointed shall be entitled to exercise at such meeting the
same powers on behalf of the Government which it could exercise if it were an individual.
Powers of board, etc. not affected by vacancy, etc. 47. Where by or under any written law any board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless a contrary intention appears, the powers of such board, commission, committee or similar body shall not be affected by-
Affixing of common seal 48. Where by or under any written law any board, commission, committee or similar body is constituted to be a body corporate having perpetual succession and a common seal, and any document required to be sealed with such common seal, then, in the absence of express provision to the contrary, such common seal shall be affixed by the chairman, or manager of, or secretary to, such board, commission, committee or similar body and shall be authenticated by the signature of such chairman, manager or secretary, as the case may be.
Power of majority to act 49. Save as is otherwise expressly provided by any written law, where any act or thing may or is required to be done more than two persons, a majority of by them may do it.
PART VII - GENERAL PROVISIONS REGARDING Standard time 50. The mean time of the one hundred and eightieth meridian of longitude east of Greenwich in England shall be deemed and is hereby declared to be standard time throughout Fiji, and whenever an expression of time occurs in any written law and whenever the doing or not doing anything at a certain time of day or night or during a certain part of the day or night has an effect in such written law such time shall, unless it is otherwise specifically stated, be held to be standard time throughout Fiji as declared by this section.
Computation of time 51. In computing time for the purpose of any written law, unless a contrary intention appears-
Provisions where no time prescribed 52. Where no time is prescribed or allowed within which anything shall be done, such thing shall be done without unreasonable delay, and as often as due occasion arises.
Construction of power to extend time 53. Where in any written law a time is prescribed for doing any act or taking any proceeding, and power is given to a court or other authority to extend such time, then, unless a contrary intention appears, such power may be exercised by the court or other authority although the application for the same is not made until after the expiration of the time prescribed.
Measurement of distances 54. In the measurement of any. distance for the purposes of any written law that distance shall, unless a contrary intention appears, be measured in a straight line on a horizontal plane.
PART VIII-GENERAL PROVISIONS REGARDING LEGAL PROCEEDINGS AND PENALTIES *Evidence of signature of †Governor-General, Prime Minister, Minister or other officers 55. Where the fiat, consent or authority of the †Governor-General, the Prime
Minister, a Minister or any person whose appointment is specified in the Constitution is
necessary before any prosecution or action is commenced, any document purporting to bear
the fiat, consent, or authority of the †Governor-General, the Prime Minister, a
Minister or person holding an appointment specified in the Constitution shall be received
as prima facie evidence in any proceeding without proof being given that the signature to
such fiat, consent or authority is that of the †Governor-General, the Prime Minister,
a Minister or such person, as the case may be.
Law Officers 56. Any power conferred or duty imposed by any written law on
the Attorney-General may, unless a contrary intention appears, be exercised or performed
by the Solicitor-General ‡or the Director of Public Prosecutions if the
Attorney-General is unable to act owing to illness or absence.
"Ex officio" proceedings not to abate on death, etc. 57. Any criminal proceedings taken by or any civil proceedings taken by or against any person in virtue of his office shall not be discontinued or abated by his death, resignation or absence or removal from office, but may be carried on by or against, as the case may be, the person for the time being holding that office.
Imposition of penalty no bar to civil action 58. The imposition of a penalty or fine by or under the authority of any written law shall not, in the absence of express provision to the contrary, relieve any person from liability to answer for damages to any person injured.
Provisions as to offences under two or more laws. 59. Where an act or omission constitutes an offence under two or more written laws, the offender shall, unless a contrary intention appears, be liable to be prosecuted and punished under any of such laws, but shall not be liable to be punished twice for the same offence.
Penalties prescribed may be maximum penalties, but may be cumulative 60.-(1) Where in any written law a penalty is prescribed for an offence under that law, such provision on shall, unless a contrary intention appears, mean that the offence shall be punishable by a penalty not exceeding the penalty prescribed. (2) Where in any written law more than one penalty is prescribed for an offence, the use of the word "and" shall, unless a contrary intention appears, mean that the penalties may be inflicted alternatively or cumulatively.
Disposal of forfeits. 61.-(1) Where any animal or thing is by any written law declared, or is under any written law adjudged by any court or other authority, to be forfeited, it shall, in the absence of express provision to the contrary, be forfeited to the Crown, and the net proceeds thereof, if it is ordered by a competent authority to be sold, shall be paid into the Consolidated Fund, unless other provision is made. (2) Nothing in this section shall affect any provision in any written law whereby any portion of any fine or forfeit or of the proceeds of any forfeit is expressed to be recoverable by any person or may be granted by any authority to any person.
Disposal of fines and penalties. 62. Any fine or penalty imposed by or under the authority of any written law shall, in the absence of provision to the contrary, be paid into the Consolidated Fund.
PART IX - GENERAL MISCELLANEOUS PROVISIONS Gazette to be evidence of matters therein 63. All printed copies of the Gazette, purporting to be printed by the Government Printer, shall be admitted in evidence by all court and in all legal proceedings whatsoever without any proof being given that such copies were so published and printed and shall be taken and accepted as evidence of the written law, appointments, notices and other publications, therein printed and of the matters and things contained in such written law, appointments, notices and publications respectively.
Power to issue licences, etc., subject to conditions 64. Where any written law confers a power to issue any licence, permit or authorisation, then, unless a contrary intention appears, such licence, permit or authorisation may be issued subject to such conditions, not inconsistent with that law, as the authority issuing it deems expedient.
*Rectification of errors 65.-(1) The Attorney-General may, by order published in the Gazette, rectify any printing error appearing in any written law (other than in an applied Act). (2) Every order made under the provisions of this section shall be laid
†before Parliament without unreasonable delay and if a resolution is passed at the
next meeting of †Parliament held after the meeting at which the order is so laid that
the order be annulled, it shall thenceforth be void, but without prejudice to the validity
of anything previously done thereunder, or to the making of any new order.
*Questions in relation to proprietary units. 66.-(1) Where any question arises as to whether any person is a member of a proprietary unit, a certificate under the hand of a commissioner that such person is a member of any such unit, shall be prima facie evidence thereof in any judicial proceedings. (2) For the purposes of this section, "commissioner" means a commissioner of
native lands appointed under the Native Lands Act or a person authorised by him in writing
by notice in the Gazette.
Act for which payment required need not be performed until payment made 67.-(1) Where any person, public officer or local authority is required to do anything for which a fee is to be paid or a charge made under any written law, such person, public officer or local authority may decline to do that thing until the fee is paid or until payment of the charge is made, or, where the precise amount of the payment to be made cannot be ascertained until the thing has been done, until there is paid such an amount as may be estimated to be the correct amount by the person or public officer, or the responsible officer of the local authority, required to do the thing. (2) Where a thing has been done for which an estimated amount has been paid, such amount shall be adjusted to the correct amount either by means of a further payment or by a refund of the amount overpaid.
Deviation from forms 68. Save as is otherwise expressly provided, whenever any form is prescribed by any written law, an instrument or document which purports to be in such form shall not be void by reason of any deviation there from which does not affect the substance of such instrument or document, or which is not calculated to mislead.
PART X - GENERAL PROVISIONS REGARDING THE CROWN References to Crown 69. In this Act and in all other written law, whether enacted or made before or after the commencement of this Act, references to the Sovereign reigning at the time of the enactment or making of the written law or to the Crown, shall, unless a contrary intention appears, be construed as references to the Sovereign for the time being.
Saving of rights of Crown 70. No written law shall in any manner whatsoever affect the rights of the Crown unless it is therein expressly provided, or unless it appears by necessary implication that the Crown is bound thereby.
Act to bind Crown 71. This Act shall bind the Crown. -------------------------------------------
SUBSIDIARY LEGISLATION CHAPTER 7 INTERPRETATION SECTION 2 - ADMINISTRATIVE DIVISIONS Made by the Governor Notices 5th January, 1957 (in force 15th January, 1967) (1) The Central Division, comprising the provinces of Naitasiri, Namosi, Rewa, Serua and Tailevu. (2) The Eastern Division, comprising the provinces of Kadavu, Lau and Lomaiviti. 26th April, 1945 (in force 1st May, 1945), 22nd June, 1949 (3) The Northern Division, comprising the provinces of Bua, Cakaudrove and Macuata. (4) The Western Division, comprising the provinces of Ba, Nadroga and Navosa and Ra. --------------------------------------------------------- DELEGATIONS See individual Chapters Controlled by Ministry of the Attorney-General --------------------------------------------------------- |
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