The National Flag Protection and the Coat of Arms Bills have been passed by parliament.
With the passing of the National Flag Protection Bill which came through with amendments proposed by the Parliamentary Standing Committee on Justice, Law and Human Rights, the Prime Minister who is the responsible Minister shall by notice in a gazette declare a flag as a national flag.
After the flag is declared, it may only be amended or altered with the support of 75 percent of the Members of Parliament and 75 percent of the registered voters of the country through a referendum.
It also allows the flag to be hoisted or displayed on any premises including any school, home, institution, building or event.
Any person who displays, destroys, damages or burns the national flag with the intent to incite violence or any breach of peace commits an offence.
During the discussions on the bill in parliament, Opposition MP Tupou Draunidalo said she finds this section as a restriction of fundamental human rights.
Attorney General Aiyaz Sayed-Khaiyum said no one should be given the right to burn the Fiji flag.
For any of the offences in the Flag Protection law, the onus of proof shall be on the defendant to prove his or her innocence.
Sayed-Khaiyum said this is the same as some other countries and Fiji already has some laws where the burden of proof lies with the defendant.
The fines and prison terms have also been reduced compared to the initial bill presented in parliament.
Any person who commits an offence shall be liable to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 3 years or both.
In the case of a company, association or body of persons, the fine is up to $50,000 and for the Director, CEO, Manager or officer in charge to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years or to both.
The Acts will come into force on a date appointed by the Prime Minister.
