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斐济海事安全局法
Maritime Safety Authority of Fiji Decree
【发布部门】斐济国会 【发文字号】
【发布日期】2009年01月01日 【实施日期】2010年01月04日
【时效性】现行有效 【效力级别】法律
【法规类别】斐济法规规划 【来源】联合国粮农组织网站
斐济海事安全局法

【法律沿革】

本法于2009年1月1日由斐济总统签署,并于2010年1月4日实施。

【内容介绍】

本法共分7部分,计57条,包括海事安全局、资产负债和雇员的转移、安全局职能责任和权力、财务规定、报告和问责制等。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC104837


《斐济海事安全局法》(Maritime Safety Authority of Fiji Decree 2009)

(DECREE NO. 2)

IN exercise of the powers vested in me asPresident of the Republic of Fiji and the Commander in Chief of the RepublicofFiji Military Forces by virtue of the Executive Authority Decree 2009, I herebymake the following Decree—

PART 1—PRELIMINARY

Short title andcommencement

1.—(1) This Decree may be cited as theMaritime Safety Authority of Fiji Decree 2009.

(2) This Decree shall come into force on thedate or dates as the Minister may, by notification in the Gazette,appoint.

Interpretation

2. In this Decree, unless the contextotherwise requires—

“Authority” means the Maritime SafetyAuthority of Fiji, established under section 7;

“Board of Directors” mean those personsappointed by the Minister in accordance with section 8;

“Chairman” means the chairman of theAuthority appointed under section 9 or of a committee appointedunder section29;

“Chief Executive Officer” means the personappointed as such under section 31;

“Commercial statutory authority” means anauthority declared as such under the Public EnterprisesAct;

“Committee” means a committee appointed undersection 29;

“Member” means a member of the Authority orof a committee appointed under section 29(3);

“Minister” means the relevant Minister asdefined under section 78 of the Public Enterprise Act in thisinstance is theMinister for Transport;

“Public Enterprises Act” means the Act of1996 including any amendments thereafter.

Object of the Decree

3. The object of this Decree is to establisha Maritime Safety Authority to operate as a commercial statutoryauthority.

Decree to bind State

4. This Decree binds the State.

Administration ofDecree

5 . This Decree shall be administered by theMaritime Safety Authority of Fiji.

Application ofDecree

6. This Decree applies throughout the FijiIslands, including any person in the Fiji islands irrespective of the

person’s nationality or citizenship, subjectto any exemptions under this Decree.

 

Part 2—MARITIME SAFETY AUTHORITY

Division1—Establishment, Membership, and Meetings of Authority

Establishment ofMaritime Safety Authority of Fiji

7.—(1) This section establishes the MaritimeSafety Authority of Fiji as a commercial statutory authoritywith perpetualsuccession and a common seal which may—

(a) sue and be sued;

(b) purchase, acquire, hold, or alienate real orpersonal property;

(c) do or perform such other acts or things ascommercial statutory authorities may under the Law door perform.

Composition ofAuthority

8.—(1) The Authority shall consist of fivemembers appointed by the Minister.

(2) The members shall be persons who, in theopinion of the Minister, have adequate experience in publicadministration, infinancial, in admiralty, commercial, and legal matters.

(3) Before appointing a person as a member,the Minister shall have regard to any potential conflicts of interestthat theperson may have.

Chairman ofAuthority

9.—(1) The Minister will appoint any of themembers of the Authority to be the Chairman.

(2) The Chairman may, in concurrence with theMinister, authorise in writing any member to exercise anypower or perform anyfunction conferred on the Chairman by or under this Decree.

Tenure of Office

10. A member appointed under section 8 shallhold office for a term not exceeding 3 years and is eligible forreappointment.

Revocation andresignation

11.—(1) The Minister may, at any time, revokethe appointment of a member.

(2) A member may at any time resign, bygiving notice in writing to the Minister.

Vacation of office

12.—(1) The office of a member shall becomevacant if the member—

(a) has been absent, without leave of theAuthority, from 3 consecutive meetings of the Authority;

(b) becomes or has, in Fiji or elsewhere, beendeclared bankrupt and has not been discharged;

(c) has, in Fiji or elsewhere, been convicted ofan offence involving dishonesty in any Act or an offenceunder the Marine Act;

(d) has, in Fiji or elsewhere, been disqualifiedor suspended from practicing his profession by anycompetent authority by reasonof misconduct.

(2) The Authority may act notwithstanding avacancy in its membership.

Remuneration ofmembers

13.—(1) Members of the Authority or personsinvited to attend a meeting of the Authorities under section 14are entitled tosuch remuneration as the Minister may fix in accordance with the Board ofDirector’s RemunerationLevel as approved by Cabinet.

(2) The total remuneration paid undersubsection (1) in respect of any financial year shall not exceed anamountapproved for that purpose.

Meetings

14.—(1) The Authority shall meet as often asmay be necessary for the performance of its functions.

(2) At any meeting the quorum of theAuthority shall be four.

(3) Notice of a meeting of the Authorityshall be given to each member and shall be delivered by hand or sentby post,telex, facsimile or other written message to an address supplied to theAuthority for the purpose.

(4) Decisions at meetings of the Authorityshall be by a simple majority of the members present and votingexcept that, inthe case of an equality of votes, the Chairman or member presiding shall have acasting vote in additionto his original vote.

(5) Subject to this section, the Authoritymay regulate its procedure in such manner as it thinks fit.

Authority may inviteothers to meetings

15. The Authority may invite a person toattend a meeting of the Authority for the purpose of advising it onany matterunder discussion, but the person so attending shall have no right to vote atthe meeting.

Disclosure ofInterest

16.—(1) A member of the Authority or of acommittee who is, directly or in directly, interested in a matterunderdiscussion by the Authority or committee shall disclose to the Authority orcommittee the fact and nature ofhis interest.

(2) A disclosure under subsection (1) shallbe recorded in the minutes of the Authority or committee.

(3) After a disclosure under subsection (1)the member in question—

(a) shall not take part in nor be present duringany discussion, deliberation or decision of the Authorityor committee; but

(b) may be counted for the purpose of forming aquorum of the Authority or committee.

(4) A member who fails to disclose hisinterest as required by subsection (1) commits an offence and, is liableonconviction to a fine of $10,000.00 and to imprisonment for 7 years.

Minutes

17.—(1) The Authority and every committeeshall keep minutes of all its meetings in a proper form.

(2) Any minutes, if duly signed by the Chairmanor person presiding, shall, in any legal proceedings, beadmissible as evidenceof the facts stated in them and a meeting of the Authority or committee inrespect of whichminutes have been so signed is deemed to have been dulyconvened and held and the members present at it to havebeen duly appointed toact.

Common Seal

18.—(1) The Authority shall have a commonseal of such design as it may decide.

(2) The common seal shall be kept by theChairman and its affixing shall be authenticated by any two membersgenerally orspecifically authorized by the Authority for the purpose, or by one such memberand the Chairman.

(3) All deeds, documents, and otherinstruments purporting to be sealed with the common seal and authenticatedinaccordance with subsection (2) shall, unless the contrary is proved, bepresumed to have been validly executed.

(4) The common seal of the Authority shall beofficially and judicially noticed for all purposes.

Validity ofProceedings

19. The validity of any proceedings or act ofthe Authority or of a committee shall not be affected by anydefect in theappointment of any member.

 

Part 3—TRANSFER OFASSETS, LIABILITIES AND EMPLOYEES

Transfer of assetsand liabilities to the Authority

20.—(1) As from the commencement of thisDecree, all movable property vested in theState immediately before that dateand used or managed by the Fiji Islands Maritime Safety Administration, andallassets, interests, rights, privileges, liabilities and obligations of the Staterelating to that Administration shall betransferred to and shall vest in theAuthority without any conveyance, assignment, or transfer.

(2) Every right and liability vested undersubsection (1) in the Authority may, on andafter the commencement of thisDecree, be sued on, recovered or enforced by or against the Authority in itsownname and it shall not be necessary for the Authority or the State to givenotice to any person whose right or liabilityis affected by the vesting.

(3) On and after the commencement of thisDecree, any agreement relating to any property, rights andliabilitiestransferred to and vested in the Authority under subsection (1) towhich the State was a party immediately beforethe commencement of this Decree,whether in writing or not, and whether or not of such a nature that rightsandliabilities could be assigned by the State, shall have effect as if theAuthority had been a party to the agreement.

(4) If a question arises as to whether anyparticular property, asset, interest, right, privilege, liability, orobligationhas been transferred to or vested in the Authority under subsection (1), acertificate signed by the Ministershall be conclusive evidence that theproperty, asset, interest, right, privilege, liability or obligation was or wasnotso transferred or vested.

(5) Sections 1, 3, 4, 5, 6, and 7 of theRules for Transferring Assets and Liabilities under Schedule 2F1, andtheGeneral Provisions under Schedule 2F2 of the Public Enterprises Act, shall beapplied during the transfer ofassets and liabilities.

Transfer ofEmployees

21.—(1) As from the commencement of thisDecree, persons employed immediately before that date in theFiji IslandsMaritime Safety Administration whose services are required by the Authority forthe performance of itsfunctions under this Act shall be transferred to theservice of the Authority on terms not less favorable than thoseenjoyed by themimmediately prior to their transfer.

(2) Until such time as terms and conditionsof service, including rules as to the conduct and discipline of itsemployees,are drawn up by the Authority, the terms and conditions of service of Stateemployees, including rules asto the conduct and discipline of State employees,shall continue to apply to every person transferred under subsection(1).

(3) In drawing up the terms and conditions ofemployment including rules as to the conduct and disciplineof its employees,the Authority shall take into consideration the Employment Industrial RelationsPlan stipulated insection 80 of the Public Enterprise Act

(4) Nothing in this Act shall affect therights, duties, or obligations of an employee not transferred to theAuthority.

Rights oftransferred employees

22. For the purposes of every enactment, law,award, determination, contract, and agreement relating tothe employment of atransferred employee, the contract of employment of that employee is deemed tohave beenunbroken and the period of service with the State is for all purposesdeemed to have been a period of service withthe Authority.

Existing Contracts

23. All deeds, bonds, agreements, instrumentsand arrangements to which the State is a party subsistingimmediately before thecommencement of this Decree and relating to the Fiji Islands Maritime SafetyAdministrationor to any transferred employee shall continue in force after thatdate and shall be enforceable by or against theAuthority as if the Authorityhad been named therein or had been a party thereto instead of the State.

Continuation ofproceedings

24. Any action, arbitration, proceedings orcause of action that relates to a transferred asset, liability, oremployee andthat immediately before the commencement of this Decree is pending or existingby, against, or infavor of the State or to which the State is a party, may beprosecuted and, without amendment of any writ, pleadingor other document,continued and enforced by, against, or in favor of the Authority.

No benefits inrespect of abolition or reorganization of office

25. A person who is transferred to theservice of the Authority is not entitled to claim any benefit on theground thathe has been retired from the service of the State on account of abolition orreorganization of office inconsequence of the establishment and incorporationof the Authority.

 

Part 4—FUNCTIONS,DUTIES AND POWERS OF AUTHORITY

Functions of theAuthority

26. Notwithstanding section 84(a) of the PublicEnterprises Act, the functions of the Authority are—

(a) to provide services in administering andenforcing the laws specified in the Marine Act and anyother law relating to theregulation, registration and safety of shipping;

(b) to exercise all functions and perform allduties carried out by the Fiji Islands Maritime SafetyAdministrationimmediately prior to the commencement of this Decree;

(c) to advise the State on matters relating tomaritime safety and maritime security and to liaise withappropriate Ministriesand statutory bodies on such matters; and

(d) to represent the State internationally inrespect of matters relating to maritime affairs, subject toprotocol clearance.

Powers of theAuthority

27.—(1) The Authority shall have all suchpowers as may be reasonably necessary or convenient for thepurpose of carryingout its functions under this Decree and regulating its own procedure.

(2) The powers of the Authority do notinclude the powers of the Registrar which is conferred by virtue ofsection31(2) on the Chief Executive Officer.

Delegation of Powers

28.—(1) The Authority may from time to time,by writing under the hand of the Chairman, delegate to anyperson or committeeany of the Authority’s powers under this Decree.

(2) A delegation under this section may bemade to a specified person or persons or committee or to the holderfor the timebeing of a specified office or to the holders of offices of a specified class.

(3) A delegation may be made subject to suchrestrictions and conditions as the Authority thinks fit, and maybe made eithergenerally or in relation to any particular case or class of cases.

(4) Any person or committee purporting toexercise any power of the Authority by virtue of a delegationunder this sectionshall, when required to do so, produce evidence of his or its authority toexercise the power.

Appointment ofCommittees

29.—(1) At the beginning of each financialyear the Authority shall appoint an Audit Committee which shallhave thefollowing functions:

(a) to develop a program for the internalauditing of the Authority’s accounts and practices for submission and approvalby the Minister for Public Enterprise; and

(b) to investigate allegations of corruptionagainst members or employees of the Authority and to

report its findings to the Authority,whereupon the Authority shall submit a copy of the report tothe Minister.

(2) The Authority shall appoint a MarineAppeals Committee which shall hear and determine appeals againstthe decisionsof the Chief Executive officer in matters concerning the registration of vessels,survey certification ofvessels, and certification of seafarers under Parts 3, 4and 5 of the Marine Act, and any other matter prescribed bythe Minister byregulations.

(3) The Authority may—

(a) establish other committees to assist theAuthority in the performance of its functions under thisDecree;

(b) appoint any person to be a member of acommittee established under subsections (1) or (2); and

(c) appoint a chairman of any such committee.

(4) Persons who are disqualified by thisDecree from being members of the Authority shall also be disqualifiedfrom beingmembers of a committee.

(5) A committee established under this sectionmay regulate its own procedure but shall be subject to anydirections given bythe Authority.

(6) A committee established under thissection shall meet at such times and places as the chairman maydetermine.

(7) A committee may invite any person to attendany meeting for the purpose of advising it on any matterand a person so invitedis not entitled to vote.

(8) Members of a committee and personsinvited under subsection (7) to attend are entitled to such allowancesandexpenses as the Authority may fix.

Appointment ofemployees, agents and consultants

30. The Authority may appoint on such termsand conditions as it thinks fit such employees, agents, orconsultants as may benecessary or expedient for carrying out its functions and duties.

Appointment of ChiefExecutive Officer

31.—(1) The Authority shall, afterconsultation with the Minister, by notification in the Gazette, appoint aChiefExecutive Officer on such terms and conditions as the Authority may determine.

(2) The Chief Executive Officer shall—

(a) hold office as the Registrar under the MarineAct;

(b) administer the operational roles of theformer Marine Board under the Marine Act, apart from theadjudicative role ofthat which will be handled by the Marine Appeals Committee;

(c) be responsible to the Authority for theproper administration and management of the functions andaffairs of theAuthority in accordance with the policy laid down by the Authority;

(d) be responsible to the Authority for theadministration and enforcement of, and collection of Fees,Charges, andPrescribed Penalties under the Marine Act;

(e) perform such other functions or duties as theAuthority, from time to time, may determine;

(f) not be removed from office without consultingthe Minister.

(3) If the Chief Executive Officer istemporarily absent from Fiji, or is temporarily unable to perform hisduties forany other reason, the Authority may, after the Chairman has consulted therelevant Minister, appoint aperson to act in the place of the Chief ExecutiveOfficer during that period.

(4) Despite anything written in any otherlaw, the Chief Executive Officer may delegate to any other officeror employeeof the Authority any of his powers under this Decree or under the Marine Actexcept the power ofdelegation under this subsection.

Regulations withrespect to discipline

32.—(1) The Authority may make regulationswith respect to the conduct and discipline of its officers andemployees.

(2) Regulations made under this section may,amongst other things, provide for—

(a) interdiction with reduction in salary or inother remuneration; and

(b) suspension without salary or otherremuneration;

of an officer or employee of the Authoritywhile disciplinary proceedings against the officer or employee arepending.

(3) The regulations made under this sectionshall provide for an opportunity to be given to the officer oremployeeconcerned to make representations before a decision is arrived at by theAuthority.

Imposition ofsurcharge

33.—(1) If—

(a) the Authority is satisfied that any officeror employee—

(i) is or was responsible for the improperpayment of moneys or for the payment of such moneyswhich is not duly vouched;or

(ii) is or was responsible for any deficiencyin, or for the destruction of, moneys, securities, storesor other property ofthe Authority; and

(iii) if a satisfactory explanation is notfurnished within a period specified by the Authority,the Authority maysurcharge against the officer or employee a sum not exceeding the amount of anysuch payment,deficiency or loss, or the value of the property destroyed, as thecase may be.

(2) If—

(a) the Authority is satisfied that any officeror employee—

(i) being or having been an accountingofficer, fails or has failed to keep proper accounts orrecords; or

(ii) has failed to make any payment, or is orwas responsible for any delay in the payment, ofmoneys from the Authority toany person to whom such payment is due under any contract,agreement orarrangement entered into between that person and the Authority; and

(b) a satisfactory explanation is not furnishedwithin a period specified by the Authority, the Authoritymay surcharge againstthe said person such sum as the Authority may think fit.

(3) Upon a surcharge being made undersubsection (1) or (2), the Chairman shall notify the personsurcharged.

(4) The Authority may at any time withdrawany surcharge in respect of which a satisfactory explanation hasbeen receivedor if it otherwise appears that no surcharge should have been made.

(5) The amount of any surcharge imposed undersubsection (1) and not withdrawn under subsection (4)shall be a debt due to theAuthority from the person against whom it is imposed and may be sued for andrecoveredin any court at the suit of the Authority and may also be recovered bydeduction from the salary or pension of theperson surcharged by equal monthlyinstallments not exceeding one quarter of that person’s total monthly salary orpension.

Minister and theMinister for Public Enterprise may give directions and require information

34.—(I) The Minister and the Minister forPublic Enterprise may, in writing, give to the Authority directionsof a generalcharacter not inconsistent with this Decree relating to the performance of theAuthority’s functions andthe Authority shall give effect to such directions.

(2) The Authority shall provide to theMinister or the Minister for Public Enterprise such information as hemay, fromtime to time, require.

Limitation ofliability

35.—(1) No proceedings, civil or criminal,shall lie against the Authority for anything it may do or fail to doin thecourse of the exercise or intended exercise of its functions, unless it isshown that it did not act in good faithor with reasonable care.

(2) No proceedings, civil or criminal, shalllie against any member, officer, or employee of the Authority foranything doneor said, or any failure to do or say anything in the course of the operation ofthe Authority, unless itis shown that the person did not act in good faith orwith reasonable care.

Public Servants

36. All members of the Authority and any ofits committees and all officers, employees, or agents of theAuthority, whiledischarging their duties, shall be deemed to be public servants within themeaning of the PenalCode.

 

Part 5—FINANCIAL PROVISIONS

Money to beappropriated by Cabinet

37. All sums payable to the Authority forservices it renders in accordance with section 26, shall be payableout of moneyto be appropriated by Cabinet for the purpose.

Funds of theAuthority

38. The funds of the Authority shall consistof—

(a) money appropriated by Cabinet and paid to theAuthority for services it renders pursuant to section26;

(b) money received by it for services it rendersto other persons;

(c) money received by the Authority by way ofgrants;

(d) money derived from the disposal, lease orhire of, or any other dealing with, any property acquiredby the Authority;

(e) money borrowed by the Authority in accordancewith this Decree;

(f) income from investments by the Authority madeunder this Decree;

(g) fees, charges or prescribed penalties imposedby the Authority under this Decree or authorizedunder the Marine Act andpayable to the Registrar;

(h) other money which may become payable to theAuthority in respect of any matter incidental to itsfunctions and powers.

Bank accounts

39.—(1) The Authority shall open at one ormore banks such accounts as are necessary for the exercise of itsfunctions andpowers.

(2) Money received by the Authority or by anyofficer or employee on behalf of the Authority shall, as soon aspracticableafter it has been received, be paid into such bank accounts opened under subsection(1) as the Authorityfrom time to time determines.

(3) Subsection (2) does not affect therequirements under sections 81(6) and 81(1) of the Public Enterprises

Act for the Authority to make payments ofdividends and interim dividends respectively, to government.

(4) The withdrawal or payment of money froman account opened under subsection (1) shall be authorizedby prior resolutionof the Authority or shall be submitted to the Authority for confirmation in ameeting as soon aspracticable after the withdrawal or payment.

(5) The withdrawal or payment of money froman account opened under subsection (1) shall be effected only by such person orpersons as the Authority may from time to time authorise.

Investment

40. The Authority may invest part of itsfunds in so far as the funds are not required to be expended by theAuthority.

Power to borrow

41.—(1) The Authority may borrow, subject tothe approval of the Minister for Public Enterprise, any sumsrequired by theAuthority to meet any of its obligations or to perform any of its functions.

(2) Borrowings under subsection (1) requirethe approval of the Minister for Public Enterprise, except foroverdraftfacilities required for working capital purposes.

Conservation offunds

42. The Authority shall conserve its funds byperforming its functions and exercising its powers under thisDecree so as toensure that the total income of the Authority are sufficient to meet all sumsproperly chargeable toits revenue account including depreciation and intereston capital.

Expenditure to becharged on funds of the Authority

43. The funds of the Authority shall beexpended for the purposes of—

(a) paying any expenditure lawfully incurred bythe Authority in the performance of its functions or the exercise of its powersunder this Decree;

(b) discharging any obligations and liabilitiesof the Authority and making any payments which the Authority is required orauthorized to make;

(c) generally paying any expenses for carryinginto effect the provisions of this Decree.

Payment of Dividendto the State

44. The Authority’s obligation to paydividends and interim dividends to the State shall be undertaken in accordancewith section 81 and section 82 of the Public Enterprises Act.

 

Part 6—REPORTING AND ACCOUNTABILITY

Financial Year

45. The Authority’s financial year shall befrom the 1st day of January to the 31st day of December of eachyear.

Half yearly reports

46.—(1) The Authority shall furnish theMinister for Public Enterprise with a report on its activities for thefirsthalf of each financial year (in this Part referred to as the half yearlyreport).

(2) The half yearly report shall be given tothe Minister for Public Enterprise by the end of August or on sucha later dateas may be agreed between the Authority and the Minister.

(3) The half yearly report shall include theinformation required by the Authority’s statement of corporateintent to begiven in the report.

Annual Report

47.—(1) Within 4 months after the end of eachfinancial year the Authority shall in accordance with itsstatement of corporateintent prepare a report of its activities during that financial year (in thisPart referred to as theAnnual Report).

(2) The Authority shall send a copy of theAnnual Report to the Minister for Public Enterprise who shall causeit to belaid before Cabinet as soon as practicable.

(3) The Annual Report required by subsection(1) shall contain, among other things:

(a) an audited statement of accounts prepared inaccordance with generally accepted accounting practiceas determined by the FijiInstitute of Accountants;

(b) a statement of financial performance,including a statement of the financial position of theAuthority;

(c) a statement of cash flows;

(d) such other information as is required to givea true and fair view of the Authority’s financial affairs;and

(e) a copy of the auditor’s report.

(4) The Annual Report shall include theinformation required by the Authority’s statement of corporate intentto begiven in it.

(5) The statement of accounts of theAuthority shall be audited by such auditor as the Minister for PublicEnterpriseappoints upon the recommendation of the Audit Committee.

Authority to have acorporate plan

48.—(1) The Authority shall in each yearpublish a corporate plan setting out plans for the future operationsof theAuthority and shall act in accordance with it.

(2) The Minister for Public Enterprise mayissue guidelines as to the format and content of the corporate planand theAuthority shall comply with the guidelines except as otherwise agreed in writingby the Minister for PublicEnterprise.

(3) A corporate plan shall, except asotherwise agreed in writing by the Minister for Public Enterprise,contain—

(a) a forecast of profit and loss accounts,balance sheets and cash flows for the current and following2 financial years;and

(b) a statement of the assumptions on which theforecasts are based.

(4) The corporate plan shall be consistentwith the Authority’s statement of corporate intent.

Draft corporate plan

49.—(1) The Authority shall, not later than 3months before the commencement of each financial year, preparea draft corporateplan.

(2) The draft corporate plan shall, as soonas possible, be sent to the Minister for Public Enterprise, who shallwithin 1month give his comments in writing or inform the Authority that he has no comments.

(3) If the Minister for Public Enterprise hasno comments on the draft corporate plan, the plan shall be treatedas approved.

(4) If the Minister for Public Enterprisecomments on the draft corporate plan, the Authority shall give effect

to the comments and deliver the authorizecorporate plan to the Minister for Public Enterprise, within 1 month after receivingthem, for approval.

Authority to havestatement of corporate intent

5 0.—(1) The Authority shall, in each year,publish a statement of corporate intent containing a summary of the

corporate plan and setting out the financialand non-financial performance targets of the Authority for that year.

(2) In addition to the matters mentioned insubsection (1), the statement of corporate intent shall include—

(a) an outline of the objectives of theAuthority;

(b) an outline of the nature and scope of theactivities proposed to be undertaken by the Authority;

(c) an outline of the Authority’s mainundertakings;

(d) an outline of the borrowings made andproposed to be made by the Authority, and the correspondingsources of funds;

(e) an outline of the Authority’s policies andprocedures relating to the acquisition and disposal ofmajor assets;

(f) a description of the Authority’s accountingpolicies;

(g) a description of the financial information tobe given to the Minister for Public Enterprise in thehalf yearly report andAnnual Report;

(h) a description of measures by which theperformance of the Authority may be judged in relation toits objectives, inaddition to the performance targets required by subsection (1);

(i) such other matters as are agreed by theMinister for Public Enterprise and the Authority or aredirected by the Ministerfor Public Enterprise to be included in the statement of corporate intent.

(3) The Minister for Public Enterprise may,in writing, exempt the Authority from including in its statementof corporateintent any matter, or any aspect of a matter, mentioned in subsection (2).

Draft statement ofcorporate intent

51.—(1) The Authority shall, not later than 3months before the commencement of each financial year, preparea draft statementof corporate intent.

(2) The draft statement of corporate intentshall, as soon as possible, be sent to the Minister for Public Enterprisewho shall,within 1 month, give his comments in writing on the draft statement ofcorporate intent or inform theAuthority that he has no comments.

(3) If the Minister for Public Enterprise hasno comments on the draft statement of corporate intent, thestatement shall betreated as approved.

(4) If the Minister for Public Enterprisecomments on the draft statement of corporate intent, the Authorityshall giveeffect to the comments and deliver the authorize statement of corporate intentto the Minister for PublicEnterprise, within one month after receiving them,for approval.

Commencement andmodification of corporate plan and statement of corporate intent

52.—(1) The corporate plan and the statementof corporate intent come into effect when approved by the

Minister for Public Enterprise.

(2) A corporate plan or a statement ofcorporate intent may, with the agreement of the Minister for Public

Enterprise; be modified during the relevantfinancial year.

(3) The Minister for Public Enterprise may,in writing, direct the Authority to modify its corporate plan orstatement ofcorporate intent during the relevant financial year.

Part 7—MISCELLANEOUS

Proceedingsconducted by officers of Authority

53. Any officer or employee of the Authorityauthorized in writing by the Chief Executive Officer may—

(a) conduct any prosecution in the MagistratesCourt of any offence under this Decree or under theMarine Act.

(b) appear in any civil proceedings in theMagistrates Court for the recovery of any Fee or Levy payableunder the MarineAct.

Secrecy

54.—(1) No person who is or has been amember, officer, employee, or agent of the Authority or a committeenor anyperson invited to a meeting of the Authority or of a committee shall disclose anyinformation relating to theaffairs of the Authority or of any other personwhich has been obtained by him in the performance of his duties orthe exerciseof his functions except—

(a) as may be necessary for the performance ofhis duties or exercise of his functions;

(b) when required to do so by or under anywritten law; or

(c) as may be necessary for any of the purposesof the Marine Act.

(2) A person who receives any informationrelating to the affairs of the Authority shallnot use the informationto his orany other person’s financial gain.

(3) Any person who contravenes subsection (1)or (2) commits an offence and is liable on conviction to afine of $10,000 andto imprisonment for 7 years.

Exemption from taxesand duties

55.—(1) The income of the Authority shall beexempt from income tax for the first three years commencingfrom the datespecified by the Minister.

(2) The Authority shall within the firstthree years commencing from the date specified by the Minister, beexempt fromstamp duty on all instruments executed by it or on its behalf.

Regulations

56. The Authority may, with the approval ofthe relevant Minister, make regulations for the better carryingout of theprovisions of this Decree.

Repeals andamendments

57.—(1) The Marine Act of 1986 is amended.

(2) Unless the context otherwise requires,where in any written law reference is made to the Fiji IslandsMaritime SafetyAdministration then such references shall, without further amendment, beconstrued as referring tothe Authority.

GIVEN under my handthis 31st day of December 2009.





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