investigations or proceedings or might lead to a request for cooperation by the foreign State
under this Act.
(2) Prior to providing such information, the Government may request that the information
be kept confidential or only used subject to conditions.
(3) If the foreign State is unable to comply with such conditions under subsection (2), the
foreign government must notify the Government, which must then determine whether the
information may be provided
Confidentiality and limitation on use
28. ––(1) Where the Mutual Assistance in Criminal Matters Act 1997 is not applicable to a
foreign State, the Government may require that foreign State to––
(a) keep confidential the contents of any information or material provided by the
Government;
(b) only use the contents and any information and material provided by the
Government for the purpose of a specified criminal investigation; and
(c) comply with any such other conditions of use as specified by the Government.
(2) A request made on behalf of Fiji to a foreign State for assistance under this provision
must be made only by or with the authority of the Attorney-General.
Expedited preservation of stored computer data
29. ––(1) Subject to any limitations specified in this Part, a foreign government, foreign
agency or any international agency may request the Attorney-General, or the 24/7 network, to
obtain the expeditious preservation of data stored by means of a computer system, located
within Fiji or control of the Government and in respect of which the requesting foreign
government, foreign agency or international agency intends to submit a request for mutual
assistance for the search or similar access, seizure or similar securing, or disclosure of the data.
(2) A request for preservation made under subsection (1) must specify––
(a) the authority seeking the preservation;
(b) the offence that is the subject of a criminal investigation or proceedings and a brief
summary of the related facts;
(c) the stored computer data to be preserved and its relationship to the offence;
(d) any available information identifying the custodian of the stored computer data or
the location of the computer system;
(e) the necessity of the preservation; and
(f) that the foreign government, foreign agency or international agency intends to
submit a request for mutual assistance for the search or similar access, seizure or
similar securing, or disclosure of the stored computer data.
(3) Upon receiving the request under this subsection (1), the Attorney-General or 24/7
network must take all appropriate measures to preserve expeditiously the specified data in
accordance with the procedures and powers provided under this Act.
(4) Any preservation effected in response to the request referred to under this section must
be for a renewable period not less than 60 days, in order to enable the foreign government,
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