offence. Clause 17 also outlines what “to seize” means for the purposes of Part 5 of the
Bill. Furthermore, clause 17 provides for the creation of lists outlining all materials
seized, the circumstances in which a police officer or authorised person must permit a
person to access computer data which has been seized and the circumstances in which
a police officer or authorised person may refuse such access.
2.24
Clause 18 of the Bill provides for the admissibility of evidence. Essentially, clause 18
provides that in terms of any proceedings related to any offence under any written law,
the fact that evidence has been inter alia generated in a search of a computer system
must not itself prevent that evidence from being presented, relied on or admitted. In
addition, clause 18 provides that the powers and procedures provided under Part 5 of
the Bill are without prejudice to the powers granted under any written law when
exercised lawfully by a police officer.
2.25
Clause 19 of the Bill provides for the expedited preservation of stored computer data,
specifically the circumstances in which a police officer or other authorised person may
issue a written notice to a person to preserve computer data stored by means of a
computer system. Clause 19 also provides that the notice must specify a timeframe of
90 days for which the specified computer data must be preserved and which may be
renewed once, for a further period of 90 days. In addition, clause 19 provides the
penalties applicable to individuals and body corporates when in breach of the
requirements under clause 19.
2.26
Clause 20 of the Bill provides for expedited preservation and partial disclosure of traffic
data. Essentially, clause 20 provides that a police officer or other authorised person
may, by written order, require a service provider to preserve specified traffic data for a
period of time in an expeditious manner, regardless of whether one or more service
providers were involved in the transmission of the communication in question. Clause
20 also provides the applicable penalties for service providers should the service
providers fail to comply with the requirements of clause 20.
2.27
Clause 21 of the Bill provides that a judge or magistrate may order a person in Fiji to
submit specified computer data in that person’s possession or control or a service
provider offering its services in Fiji to submit subscriber information relating to such
services in that service provider’s possession or control, upon application made by a
police officer or other authorised person. Clause 21 also provides that in order for a for
an order to be made, the application must demonstrate to the satisfaction of the judge
or magistrate that there are reasonable grounds that the specified computer data or
subscriber information is in the possession or control of a person in Fiji or a service
provider offering services in Fiji or are required or desirable for the purposes of an
investigation. In addition, clause 21 also provides the applicable penalties for failure to
comply with an order issued under clause 21.
2.28
Clause 22 of the Bill provides that a judge may issue a warrant authorising a police
office or other authorised person, to inter alia search and seize stored computer data.
Clause 22 also provides that in order for a judge or magistrate to issue the warrant, the
application for the warrant must satisfy the judge or magistrate that there are reasonable
grounds that there may be in a specified computer system, for instance, that is
reasonably required for the purpose of a criminal investigation or criminal proceedings
which may be material as evidence in proving a specifically identified offence. In
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