The Laws of Fiji
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Last Updated: 2 July 2010
AN ACT TO MAKE PROVISION FOR THE FORMATION, REGISTRATION AND REGULATION OF INDUSTRIAL ASSOCIATIONS AND FOR OTHER PURPOSES CONNECTED THEREWITH
[IA 14] Inquiries by Registrar14
14
At any time pending the holding or completion of such inquiry or the decision therein the Registrar, if he or she is satisfied by evidence on oath that there is a prima facie case that an industrial association or any office bearer or official of an industrial association is not observing the provisions of its constitution or rules or is otherwise acting unlawfully, may by order suspend any office bearer or official whom he or she considers to have been guilty of or responsible for such non-observance of unlawful action from taking any part in the affairs of the industrial association pending the completion of the inquiry and the decision therein, provided that—
- (a)the Registrar shall not make any such suspension as aforesaid unless he or she has given such office bearer or official an opportunity to be heard, and
- (b)no suspension under this subsection shall remain in operation for a longer period than 6 weeks.
During his or her period of suspension no office bearer or official shall enjoy any of the rights, privileges or immunities of an office bearer, official or member of an industrial association.
[subs (1) am Ordinance 2 of 1945 s 135, opn 1 May 1945 ; Ordinance 11 of 1962 s 2, effective 11 April 1962]
(2) For the purpose of any such inquiry the Registrar or the authorised officer may summon any person who in his or her opinion may be able to give material information concerning the subject of the inquiry, or whom he or she suspects or believes has in his or her possession or custody or under his or her control any book, document or thing which has any bearing upon the subject of the inquiry, to appear before him or her at a time and place specified in the summons, to be interrogated or to produce that book, document or thing.
(3) The Registrar or the authorised officer may call and administer an oath to any person present at the inquiry who has or might have been summoned in terms of subsection (2), and may interrogate him or her and require him or her to produce any book, document or thing in his or her possession or custody or under his or her control.
(4) If any person, being duly summoned under subsection (2), fails, without sufficient cause, to attend at the time and place specified in the summons, or to remain in attendance until excused by the Registrar or the authorised officer from further attendance, or if any person called in terms of subsection (3) refuses to be sworn as a witness, or fails without sufficient cause to answer fully and satisfactorily to the best of his or her knowledge and belief all questions lawfully put to him or her, or to produce any book, document or thing in his or her possession or custody or under his or her control, he or she shall be guilty of an offence, provided that in connection with the interrogation of any such person by, or the production of any such book, document or thing before, the Registrar or the authorised officer, the law relating to privilege, as applicable to a witness summoned to give evidence or produce any book, document or thing before a court of law, shall apply.
(5) Any witness who, after having been sworn, gives a false answer to any question put to him or her by the Registrar or the authorised officer, or makes a false statement on any matter, knowing that answer or statement to be false, shall be deemed to be guilty of perjury.
(6) The interrogation of any witness by the Registrar or authorised officer shall be conducted in private, unless the Registrar or authorised officer otherwise decides, provided that—
- (a)at the request of any witness the interrogation of that witness shall be conducted in private;
- (b)the Registrar or authorised officer may, in his or her discretion, and with the consent of the witness, authorise the presence of any specified person at the interrogation of that witness.
(7) The Registrar or authorised officer may, for any reason which he or she may deem sufficient, order that any interrogation be made by, or that any book, document or thing be produced before, an officer designated for the purpose by him or her; and any such officer may administer an oath to any witness appearing before him or her; and the provisions of this section shall, mutatis mutandis, apply to such interrogation or the production or retention of any such book, document or thing.
(8) Any person summoned to appear before the Registrar or the authorised officer may, if the Registrar or the authorised officer is satisfied that he or she has by reason of his or her appearance in obedience to the summons or before an officer designated in terms of subsection (7) suffered any pecuniary loss or been put to any expense, be paid out of public moneys any allowances that may be prescribed by regulation, or the amount of such loss and such expense, whichever is the less.
(9)
- (a)Upon the completion of the inquiry referred to in the preceding subsections, the Registrar or other officer holding the inquiry shall draw up a report containing his or her findings. A copy of this report shall be sent for information to the association concerned.
- (b)The Registrar shall have power to cancel the certificate of registration of any industrial association found to have contravened or failed to comply with its constitution or rules or to have otherwise acted unlawfully, whereupon the industrial association shall be wound up; or in consultation with the industrial association, to alter its constitution or rules to bring them into conformity with the provisions of this Act; or to expel any member who does not possess the qualifications required under its constitution or rules; or to expel any of its office bearers, officials or members who have contravened or failed to comply with its constitution or rules or have otherwise acted unlawfully; or to take any combination of 2 or more such courses. Any such expulsion of office bearers, officials or members so expelled may be for such period as the Registrar may specify not exceeding 5 years, provided that where a member is expelled solely because he or she does not possess the required qualifications his or her expulsion shall not be for any longer than the period during which he or she does not possess the required qualifications for membership.
No such office bearer or official so expelled shall during the period of his or her expulsion take or hold office in any industrial association without the prior consent in writing of the Registrar. Any office bearer, official or member so expelled shall be entitled to receive on expulsion any benefits which he or she may have acquired as a member of the association.
- (c)Office bearers and members of any industrial association who are found upon inquiry held under this section to have applied the funds of the association to any purposes other than those set out in the constitution shall be expelled from the association and shall forfeit all benefits due to them without prejudice to any prosecution under paragraph (d) instituted by the Director of Public Prosecutions.
- (d)In the event of the inquiry revealing anything which in the opinion of the officer conducting the inquiry amounts to a criminal offence, the matter shall be referred by him or her to the Director of Public Prosecutions, provided, however, that any association or person who feels aggrieved by the decision of the Registrar under paragraphs (b) and (c) shall, within a period of 30 days therefrom, have a right of appeal to the High Court against the action or order of the Registrar; and the court may, after hearing the Registrar and the association or person concerned, confirm or cancel or set aside the action or order of the Registrar, or make such order as in the circumstances seems just and equitable.
[subs (9) am Ordinance 11 of 1962 s 2, effective 11 April 1962]
(10) Nothing in this section shall be deemed to prohibit the engagement of barristers and solicitors to represent any industrial association or person in an inquiry held under this section.