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“knowingly” used in connection with any term denoting uttering or using, implies knowledge of the character
of the thing uttered or used;
“knowledge” has the meaning given in section 20;
“law” means a law of Fiji, and includes this Decree;
“legal burden” has the meaning given in section 57;
“local authority” means a local government council or other local authority established under any Act;
“maim” means the destruction or permanent disabling of any external or internal organ, member or sense;
“mental subnormality” 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;
“Minister” means the Minister for Justice;
“money” includes bank notes, bank drafts, cheques and any other orders, warrants or requests for the
payment of money;
“negligence” has the meaning given in section 22;
“night” means the interval between half-past six o’clock in the evening and half-past six o’clock in the
morning;
“oath” includes affirmation or declaration, and “swear” includes affirm or declare;
“offence” is an act, attempt or omission punishable by law;
“Penalty” means the maximum penalty which may be determined and imposed by a court (in accordance
with the Sentencing and Penalties Decree 2009) in relation to the offence for which the penalty is
prescribed under this Decree;
“person” and “owner”, 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 Fiji or any part of the government;
“person employed in the public service” means any person holding any of the following offices or performing
the duties of that office, (whether as a deputy or otherwise), namely—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
any civil office including the office of President or Vice-President;
any office to which a person is appointed or nominated under the provisions of any Act or by
election or by promulgation or decree;
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);
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;
a member of a commission of inquiry appointed under or in pursuance of any Act;
any person employed to execute any process of a court;
all persons belonging to a disciplined service of Fiji;
all persons in the employment of any government department; and
a person in the employ of a local authority;
“personal service” means any labour or service (including a sexual service), provided by a person;
“possession”, “be in possession of” or “have in possession” 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