(3) Upon receiving the request under subsection (1), the investigation agency must take all
appropriate measures to obtain necessary authorisation including any warrants to execute the
request in accordance with the procedures and powers provided under this Act.
(4) Upon obtaining necessary authorisation including any warrants to execute the request,
the investigation agency may seek the support and cooperation of the foreign government,
foreign agency or international agency during the search and seizure.
(5) Upon conducting the search and seizure request the investigation agency must, subject
to this section, provide the results of such search and seizure and the electronic or physical
evidence so seized to the foreign government, foreign agency or the international agency.
Transborder access to stored computer data with consent or where publicly available
32. A police officer or other authorised person may, subject to any applicable provisions
of this Act––
(a) access publicly available (open source) stored computer data, regardless of where the
data is located; or
(b) access or receive, through a computer system in Fiji, stored computer data located in
another territory of a state with whom Fiji has an applicable international agreement,
if such police officer or other authorised person obtains the lawful and voluntary consent of
the person who has lawful authority to disclose the data through that computer system.
Mutual assistance regarding the real-time collection of traffic data
33. ––(1) Subject to any limitations specified by the Government, a foreign government,
foreign agency or any international agency may request the Attorney-General to provide
assistance in real-time collection of traffic data associated with specified communications in
Fiji transmitted by means of a computer system.
(2) A request for assistance under subsection (1) must so far as practicable specify––
(a) the authority seeking the use of powers under this section;
(b) the offence that is the subject of a criminal investigation or proceedings and a brief
summary of the related facts;
(c) the name of the authority with access to the relevant traffic data;
(d) the location at which the traffic data may be held;
(e) the intended purpose for the required traffic data;
(f) sufficient information to identify the traffic data;
(g) any further details relevant traffic data;
(h) the necessity for use of powers under this section; and
(i) the terms for the use and disclosure of the traffic data to third parties.
(3) Upon receiving the request under subsection (1), the Attorney-General must take all
appropriate measures to obtain necessary authorisation including any warrants to execute the
request in accordance with the procedures and powers provided under Part 5.
(4) Upon obtaining necessary authorisation including any warrants to execute the request,
the Attorney-General may seek the support and cooperation of the foreign government, foreign
agency or the international agency during the search and seizure.
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