Attorney General Aiyaz Sayed-Khaiyum has tabled a Bill in parliament to amend the Public Health Act 1935 which aims to bring in fines for offences which may include the failure to wear an appropriate face covering or present the careFIJI mobile application on entering business premises, or the failure to comply with mandatory curfews, physical distancing requirements and capacity restrictions for gatherings, events, public service vehicles and businesses.
Clause 2 of the Bill also sets out other penalties that the Health Minister may prescribe by regulations, including late payment fees and the closure of businesses. The latter is to ensure that despite the operation of other written laws relating to businesses in Fiji, such businesses may still be shut down due to the failure to comply with COVID-safe measures and orders.
The infringement notice must, name the person to whom the infringement notice is issued; specify the particulars of the offence; specify the fixed penalty that the person named on the infringement notice is required to pay; and specify any other information prescribed by regulations.
The Minister may make regulations prescribing matters that are required to be prescribed or are necessary or convenient to be prescribed for the issuance of infringement notices, including the offences for which infringement notices may be issued; the fixed penalties for prescribed offences; the manner, form and time-frames for which infringement notices are to be issued; the actions a person may undertake on receipt of an infringement notice; and other penalties that a person to whom an infringement notice has been issued may be liable to, including a late payment fee and notwithstanding anything contained in any other written law, the closure of businesses. While moving the motion, Sayed-Khaiyum says the amendment is important and urgent as we know currently there are certain health protocols and measures need to be adhered to as issued by the Health Minister and the Permanent Secretary of Health.
He says they have tried to open the economy as much as possible but at the same time, there are various cases popping up.
Sayed-Khaiyum says they want this to act as a deterrent and not to burden people adding there is no breach of any rights and it will be transparent.
The Attorney General further says unfortunately we do not have a very compliant society.
This amendment will also allow the Ministry of Health and the Ministry of Commerce, Tourism, Trade and Transport to put penalties on businesses because at this point in time they see businesses sometimes do get away with non adherence because there are no penalties for them.
Sayed-Khaiyum says this will also give powers to the Permanent Secretary of Health to order the closure of businesses if they do not adhere to these measures 2 or 3 times.
The debate on the bill will be this afternoon.
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