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73.—(1)
Obligations of licensees
A licensee must, in connection with the operation of telecommunications networks or facilities
or the supply of telecommunications services, do the licensee’s best to prevent telecommunications networks,
telecommunications services and facilities from being used in, or in relation to, the commission of offences against
the laws of Fiji.
(2) A licensee must, in connection with the operation of telecommunications networks or facilities or the
supply of telecommunications services, give officers and authorities of the Government such help as is reasonably
necessary for the following purposes—
(a) enforcing the criminal law and laws imposing pecuniary penalties;
(b) protecting the public revenue; and
(c) safeguarding national security.
(3) A licensee is not liable to an action or other proceeding for damages for or in relation to an act done or
omitted in good faith:
(a) in performance of the duty imposed by subsection (1) or (2); or
(b) in compliance with a direction that the Authority gives in good faith in performance of its duties under
section 72.
(4) Adirector, officer, employee or agent of a licensee is not liable to an action or other proceeding for damages
for or in relation to an act done or omitted in good faith in connection with an act done or omitted by the license as
mentioned in subsection (3).
(5) Areference in this section to giving help includes a reference to giving help by way of:
(a)
(c)
(e)
the provision of interception services in connection with the execution of a warrant under the hand of
the President or any prescribed interception services; or
providing relevant information about any communication that is lawfully intercepted ; or
disclosing information or a document in accordance with section 30 of this Promulgation.
Terms and conditions on which help is to be given
74.—(1)
This section applies if a person is required to give help to an officer or authority of the Government
as mentioned in section 73(2).
(2) The person must comply with the requirement on the basis that the person neither profits from, nor bears
the costs of, giving that help.
(3) The person must comply with the requirement on such terms and conditions as are:
{a)
(b)
agreed between the person and the Government; or
failing agreement, determined by an arbitrator appointed by the parties or, if the parties fail to agree on
the appointment of an arbitrator, by an arbitrator appointed by the Authority.
(4) An arbitrator appointed by the Authority under subsection (3) must be a person specified in a written
determination made by the Minister.
(5) Before making a determination under subsection (4), the Minister must consult the Attorney-General.
(6) If an arbitration under this section is conducted by an arbitrator appointed by the Authority, the cost of the
arbitration must be apportioned equally between the parties.
(7) The regulations may make provision for and in relation to the conduct of an arbitration under this
section.
Suspension of supply of telecommunications service in.an emergency
75.—(1) If an officer of the Police Force, Military Forces or Fiji Independent Commission against Corruption
specified in subsection (6) has reasonable grounds to believe that: