FIJI
CONSTITUTION (AMENDMENT) ACT 1998
ARRANGEMENT OF SECTIONS
Part 1-PRELIMINARY
SECTION
1. Short title, etc
2. Commencement
Part 2-AMENDMENTS OF PRINCIPAL ACT
3. Schedule of amendments relating to name of State
4. Protection against compulsory acquisition of property
5. Way in which legislative power exercised
6. Registration as voter
7. Term of House of Representatives
8. Functions of Ombudsman
9. Interpretation
10. Repeals and transitional
Schedule - Amendments of Principal Act relating to name of State
___________
ACT NO. 5 OF 1998
I assent.
K. K. T MARA
President
[20 April 1998]
AN ACT
TO AMEND THE CONSTITUTION (AMENDMENT) ACT 1997
ENACTED by the Parliament of Fiji-
Part 1-PRELIMINARY
Short title, etc
1.-(1) This Act may be cited as the Constitution (Amendment) Act 1998.
(2) The Constitution Amendment Act 1997 is in this Act referred to as the Principal Act.
Commencement
2. This Act commences on the date of commencement of the Principal Act.
Part 2-AMENDMENTS OF PRINCIPAL ACT
Schedule of amendments relating to name of State
3. The Principal Act is amended as set out in the Schedule.
Protection against compulsory acquisition of property
4. Section 40 of the Principal Act is amended by inserting after subsection (2) the following subsection-
"(2A) Nothing contained in, or done under the authority of, a law is inconsistent with this section to the extent that the law makes provision for the acquisition of property by way of:
(a) taxation;
(b) sequestration of bankrupt estates;
(c) confiscation of the proceeds of crime;
(d) penalty for breach of the law;
(e) satisfaction of a mortgage, charge or lien; or
(f) execution of a judgment of a court.".
Way in which legislative power exercised
5. Section 46 of the Principal Act is amended by omitting subsection (3).
Registration as voter
6.-(1) Section 55(6) of the Principal Act is amended by deleting paragraph (b), and substituting-
"(b) who does not have a right to be registered on one of the rolls referred to in subparagraphs 51(1)(a)(i), (ii) and (iii);".
(2) Section 55 of the Principal Act is amended by adding after subsection (6) the following new subsection-
"(6A) A person who:
(a) has a right to be registered as a voter;
(b) has a right to be registered on one of the rolls referred to in subparagraphs 51 (1)(a)(i), (ii) and (iii); and
(c) any of whose progenitors in the male or female line does not have (or, being deceased, would if living not have) a right to be registered on one of those rolls,
may choose either to be registered on one of those rolls or to be registered on the roll referred to in subparagraph 51(1)(a)(iv).".
(3) Section 55 of the Principal Act is amended by inserting in subsection (9) "paragraph" before "51(1)(a)".
Term of House of Representatives
7. Section 59 of the Principal Act is amended-
(a) by renumbering the existing section as subsection (1);
(b) by adding the following new subsection-
"(2) The President, acting on the advice of the Prime Minister may, by proclamation, dissolve the House of Representatives and may from time to time in like manner prorogue the Parliament.".