means any offence against section 313;

means any offence against section 311;

means any offence against—

• (a)section 44 (attempts);
• (b)section 48 (incitement);
• (c)section 49 (conspiracy); and
• (d)this Act or any other Act, to the extent that the offence arises out of the operation of section 45 (complicity and common purpose) or section 47 (innocent agency);

includes any advantage, and is not limited to property;

means any offence against section 312;

includes any communication—

• (a)whether between persons and persons, things and things or persons and things; and
• (b)whether the communication is—
  • (i)in the form of text; or
  • (ii)in the form of speech, music or other sounds; or
  • (iii)in the form of visual images (still or moving); or
  • (iv)in the form of signals; or
  • (v)in the form of data; or
  • (vi)in any other form; or
  • (vii)in any combination of forms;

, for a Government contract, means—

• (a)a person who is a party to the Government contract and who is responsible for the provision of goods or services to the Government entity under the Government contract; or
• (b)a sub-contractor for the Government contract;

means a court of competent jurisdiction;

means the International Covenant on Civil and Political Rights;

means an offence under Division 3 of Part 12;

means harm endangering life;

includes—

• (a)information in any form; or
• (b)any programme (or part of a programme);

includes—

• (a)data held in any removable data storage device for the time being held in a computer; or
• (b)data held in a data storage device on a computer network of which the computer forms a part;

means a thing (for example, a disk or file server) containing, or designed to contain, data for use by a computer;

means—

• (a)the irreversible cessation of all functions of a person's brain (including the brain stem); or
• (b)the irreversible cessation of circulation of blood in a person's body;

means the status or condition that arises from a pledge by a person—

• (a)of his or her personal services; or
• (b)of the personal services of another person under his or her control,

as security for a debt owed, or claimed to be owed, (including any debt incurred, or claimed to be incurred, after the pledge is given), by that person if—

• (i)the debt owed or claimed to be owed is manifestly excessive; or
• (ii)the reasonable value of those services is not applied toward the liquidation of the debt or purported debt; or
• (iii)the length and nature of those services are not respectively limited and defined;

means an aircraft of any part of the Republic of Fiji Military Forces and includes an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member;

means a ship of any part of the Republic of Fiji Military Forces that is being operated or commanded by a member of that Force in the course of his or her duties as such a member;

a person includes causing the person to remain where he or she is;

includes any disadvantage and is not limited to personal injury or to loss of or damage to property;

includes any—

• (a)bill of lading, warehouse keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold; or
• (b)other document used in the ordinary course of business—
  • (i)as proof of the possession or control of goods; or
  • (ii)authorising or purporting to authorise (either by endorsement or by delivery) the possessor of such document to transfer or receive any goods represented or mentioned in the document;

includes any deed, map, roll, register, paper or parchment (written or printed, or partly written and partly printed), being or containing evidence of the title (or any part of the title) to any real estate or to any interest in or out of any real estate, and includes an instrument under the Land Transfer Act 1971, the iTaukei Land Trust Act 1940;

includes—

• (a)any building or structure; or
• (b)vessel or part of a building or structure or vessel which is for the time being kept by the owner or occupier as a residence (and it is immaterial that it is from time to time uninhabited); or
• (c)a building or structure adjacent to or occupied with a dwelling house is deemed to be part of the dwelling house if there is a communication between the building or structure and the dwelling house (either immediate or by means of a covered and enclosed passage leading from the one to the other) but not otherwise;

means a communication by means of guided or unguided electromagnetic energy or both;

includes a servant;

is defined in section 15;

includes anything that may be used as evidence;

is defined in section 59(7);

, of one person (the victim) by another person (the exploiter), occurs if—

• (a)the exploiter's conduct causes the victim to enter into slavery, forced labour or sexual servitude; or
• (b)the exploiter's conduct causes an organ of the victim to be removed and—
  • (i)the removal is contrary to law; or
  • (ii)neither the victim nor the victim's legal guardian consented to the removal, and it does not meet a medical or therapeutic need of the victim;

means—

• (a)an aircraft registered, or required to be registered under a law of Fiji relating to civil aviation;
• (b)an aircraft (other than a defence aircraft) that is owned by, or in the possession or control of a Government entity; or
• (c)a defence aircraft.

means—

• (a)a ship or vessel registered, or required to be registered under a law of Fiji relating to shipping;
• (b)an unregistered ship or vessel that has Fijian nationality; or
• (c)a defence ship;

means any offence against Division 2 of Part 12;

means a body established by or under a law of Fiji but does not include any body that is established under a law which states that the body is not a Government authority;

means a contract to which a Government entity is a party, under which goods or services are to be, or were to be, provided to a Government entity;

means—

• (a)the Government of the Republic of Fiji; or
• (b)a Government authority;

means any harm which—

• (a)amounts to a maim or dangerous harm; or
• (b)seriously or permanently injures health or which is likely so to injure health; or
• (c)extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense;

means any bodily hurt, disease or disorder (including harm to a person's mental health) whether permanent or temporary, and includes unconsciousness, pain, disfigurement, infection with a disease and physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time);

includes significant psychological harm, but does not include mere ordinary emotional reactions such as those of only distress, grief, fear or anger;

means—

• (a)a Judge of any court in Fiji;
• (b)a Magistrate;
• (c)any other court officer which is deemed by law to be a judicial officer;

means the Statute of the International Criminal Court adopted at Rome on 17 July 1998;

includes any kind of document that may be used to establish the identity of a person in a country under the law or procedures of that country;

has the meaning given in section 19;

means the International Criminal Court established under the ICC Statute;

includes any proceeding had or taken in or before any court, tribunal, commission of inquiry or person, in which evidence may be taken on oath;

used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;

has the meaning given in section 20;

means a law of Fiji, and includes this Act;

has the meaning given in section 57;

means a local government council or other local authority established under any Act;

means the destruction or permanent disabling of any external or internal organ, member or sense;

means a state of arrested or incomplete development of mind, which includes subnormality of intelligence and is of such a nature or degree that the patient is incapable of living an independent life or guarding against sources of exploitation, or will be so incapable when of an age to do so;

means the Minister responsible for justice;

includes bank notes, bank drafts, cheques and any other orders, warrants or requests for the payment of money;

has the meaning given in section 22;

means the interval between 6.30 pm and 6.30 am;

includes affirmation or declaration, and swear includes affirm or declare;

is an act, attempt or omission punishable by law;

means the maximum penalty which may be determined and imposed by a court (in accordance with the Sentencing and Penalties Act 2009) in relation to the offence for which the penalty is prescribed under this Act;

and other like terms, when used with reference to property, include corporations of all kinds and any other association of persons capable of owning property, and also when so used include the Government of the Republic of Fiji or any part of the Government;

means any person holding any of the following offices or performing the duties of that office, (whether as a deputy or otherwise), namely—

• (a)any civil office including the office of President;
• (b)any office to which a person is appointed or nominated under the provisions of any Act or by election;
• (c)any civil office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in either of paragraphs (a) or (b);
• (d)any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any Act;
• (e)a member of a commission of inquiry appointed under or in pursuance of any Act;
• (f)any person employed to execute any process of a court;
• (g)all persons belonging to a disciplined service of Fiji;
• (h)all persons in the employment of any Government department; and
• (i)a person in the employ of a local authority;

means any labour or service (including a sexual service), provided by a person;

includes—

• (a)not only having in one's own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to or occupied by oneself or not) for the use or benefit of oneself or of any other person; and
• (b)if there are 2 or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or her or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;

is any offence other than an ancillary offence;

includes any—

• (a)description of real and personal property;
• (b)money, debt or legacy;
• (c)deeds and instruments relating to or evidencing the title or right to any property (including any document of title to goods or document of title to lands), or giving a right to recover or receive any money or goods—

and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which that property has been converted or exchanged, and anything acquired by such conversion or exchange (whether immediately or otherwise);

means any act that constitutes the physical element of an offence being a crime against humanity in contravention of any section of Division 3 of Part 12;

refers not only to all persons within Fiji, but also to—

• (a)the persons inhabiting or using any particular place (or any number of such persons); and
• (b)such indeterminate persons as are affected by the conduct in respect to which such expression is used;

means—

• (a)the President;
• (b)any person who is appointed or nominated under the provisions of any Act or by election, including all—
  • (i)Ministers;
  • (ii)members of Parliament of Fiji; and
  • (iii)Local Government Councillors;
• (c)any person employed in the civil service;
• (d)any person holding an office under the Constitution of the Republic of Fiji;
• (e)any Judge or Magistrate, or any person holding any other judicial or quasi-judicial office;
• (f)any person who holds or performs the duties of an office established by or under any law;
• (g)any person who is an officer or employee of a Government authority or agency, whether or not the authority or agency is established by an Act;
• (h)any person who is a contract service provider for a Government contract; and
• (i)any person who is an officer or employee of a contracted service provider to or under a Government contract.

means—

• (a)any highway, public street, public road, public park or garden, sea beach, river, public bridge, wharf, jetty, lane, footway, square, court, alley or passage whether a thoroughfare or not; or
• (b)any—
  • (i)land or open space (whether such land or space is closed or unenclosed); and
  • (ii)place or building of public resort other than a dwelling house—

  to which for the time being the public have or are permitted to have access whether on payment or otherwise;

includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;

when applied to acts done, means either—

• (a)that they are so done in any public place as to be seen by any person whether such person be or be not in a public place; or
• (b)that they are so done in any place not being a public place as to be likely to be seen by any person in a public place;

means any offence against section 306;

has the meaning given in section 21;

means an individual who is a resident of Fiji in accordance with the provisions of the Immigration Act 2003;

means any offence against section 310;

means the commercial use or display of the body of the person providing the service for the sexual gratification of others;

has the meaning given by section 106;

has the meaning given by section 102;

means—

• (a)a provision that provides that absolute liability applies to one or more (but not all) of the physical elements of an offence;
• (b)a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew a particular thing; or
• (c)a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew or believed a particular thing;

, for a Government contract, means a person—

• (a)who is a party to a contract (the subcontract)—
  • (i)with a contracted service provider for the Government contract (within the meaning of paragraph (a) of the definition of contracted service provider); or
  • (ii)with a subcontractor for the Government contract (under a previous application of this definition); and
• (b)who is responsible under the subcontract for the provision of services to a Government entity, or to a contracted service provider for the Government contract, for the purposes (whether direct or indirect) of the Government contract;

means an oral statement made on oath or affirmation or a statement in a document verified on oath or affirmation;

a person includes causing the person to accompany another person and causing the person to be taken;

means any offence against section 291;

includes a threat made by any conduct, whether express or implied and whether conditional or unconditional;

includes any kind of document required, under the law of a country, to enter or leave that country;

means a trustee on an express trust created by a deed, will, or instrument in writing, and includes—

• (a)the heir or personal representative of any such trustee; and
• (b)any other person upon or to whom the duty of such trust shall have devolved or come; and
• (c)an executor and administrator; and
• (d)an official receiver, assignee, liquidator or other like officer acting under any present or future law relating to companies or bankruptcy;

includes—

• (a)using or dealing with; and
• (b)attempting to use or deal with; and
• (c)attempting to induce any person to use, deal with or act upon, the thing in question;

includes—

• (a)any writing entitling or evidencing the title of any person—
  • (i)to any share or interest in any public stock, annuity, fund or debt of any country or territory; or
  • (ii)in any stock, annuity, fund or debt of any body corporate, company or society, whether within Fiji or any other country or territory; or
  • (iii)to any deposit in any bank;
• (b)any script, debenture, bill, note, warrant, order or other security for the payment of money;
• (c)any authority or request for the payment of money or for the delivery or transfer of goods or chattels;
• (d)any accountable receipt, release or discharge;
• (e)any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal; and
• (f)any document of title to lands or goods;

includes any ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes any type of aircraft; and

means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.