New COVID-19 Laws: How Do They Affect You?
Law passed to allow for spot fines for COVID breaches, Businesses face closure for non-adherence n Infringement notices will be issued by Police officers and others authorized by Minister for Health and Medical Services. Breaches include: not wearing mask in containment areas, social gathering. Fixed penalty and full breaches list to be made known soon.
Friday 04 June 2021 | 12:08
Police Constable Suliasi Lagi reminds a member of the public on June 3, 2021, that wearing a face mask to prevent the spread of COVID-19 is now mandatory, and not wearing one will carry a spot fine. File Photo: Leon Lord
The Public Health (Amendment) Bill was passed in Parliament yesterday.
What does this mean for you?
An officer – a Police officer or any other person authorized by the Minister for Health and Medical Services – will now be able to issue an infringement notice for COVID-19 regulation breaches.
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Similar to the infringement notice currently issued by the Land Transport Authority, these infringement notices will have:
- Name of 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
Regulations and which acts will be seen as breaches will now be drafted and finalized. The fine to be given will now also be finalized.
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 the prescribed offences
- The manner, form and timeframes for which infringement notices are 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 containment in any other written law, the closure of businesses.
Breaches may include:
- not wearing mask within containment zones,
- Businesses not adhering to COVID safe protocols, such as their employees not downloading careFIJI
- Engaging in social gathering meaning more than 10 people taking part in funeral etc.
The Clauses
Clause 1 of the Bill provides for the short title and commencement.
If passed by Parliament, the amending legislation will come into force on a date appointed by the Minister by notice in the Gazette.
Clause 2 of the Bill amends Part 7 of the Act by inserting a new Division 5 to provide for the issuance of infringement notices and the payment of fixed penalties for any offences committed under Part 7 of the Act or any subsidiary legislation made under Part 7 of the Act for which a fixed penalty is payable.
These offences 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 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 Act would come under the responsibility of the Minister responsible for health and medical services.
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