addition, clause 22 provides the applicable penalties for wilfully obstructing or
misusing the lawful powers provided therein. Clause 22 also provides for the definitions
of “decrypted information”, “encrypted data” and “unencrypted version”, which are
definitions specifically relevant to clause 22.
2.29
Clause 23 of the Bill provides that a judge or magistrate may issue a warrant requiring
a service provider to collect or record traffic data in real-time and provide only the
traffic data to an authorised officer. Clause 23 also provides that a judge or magistrate
may only issue such a warrant if the application made provides to the satisfaction of the
judge or magistrate reasonable grounds that the traffic data associated with specified
communications and related to or connected with a person under investigation is
reasonably required for a specific criminal investigation. In addition, clause 23
elaborates on the substantive grounds that must be provided in an application for such
a warrant and, similarly to other provisions under the Bill, provides that a judge or
magistrate may also require a service provider to keep the warrant issued confidential.
Clause 23 also provides the penalty applicable to a service provider if the service
provider contravenes clause 23.
2.30
Clause 24 of the Bill provides that a judge or magistrate may issue a warrant requiring
a service provider to intercept content in real-time and provide that content to an
authorised officer as soon as reasonably practicable. Clause 24 also provides that a
judge or magistrate may only issue such a warrant if satisfied that the interception of
content data is related to or connected with a person or premises under investigation for
either the prosecution of a serious offence or to give effect to a mutual assistance
request. In addition, clause 24 elaborates on the substantive grounds that must be
provided in an application for such a warrant. Furthermore, as opposed to other warrants
issued under this Bill, a judge or magistrate must require a service provider to keep the
warrant issued confidential. Clause 24 also provides the penalty applicable to any
service provider that fails to comply with a warrant issued under clause 24.
2.31
Part 6 of the Bill provides for international cooperation.
2.32
Clause 25 of the Bill provides for general principles relating to international
cooperation.
2.33
Clause 26 of the Bill provides that the offences under Parts 2 and 4 of the Bill are
considered extraditable offences under the Extradition Act 2003.
2.34
Clause 27 of the Bill provides that the Government may, without prior request, forward
to a foreign State information obtained within the framework of its own investigations
when it considers that the disclosure of such information might assist the foreign State
in initiating or carrying out investigations or proceedings or might lead to a request for
cooperation by the foreign State. In addition, clause 27 provides that before providing
such information to a foreign State, the Government may request that the information
be kept confidential and used only subject to specified conditions.
2.35
Clause 28 of the Bill provides that where the Mutual Assistance in Criminal Matters
Act 1997 is not applicable to a foreign State, the Government may require a foreign
State to inter alia keep information provided by the Government confidential. In
addition, clause 28 provides that any such request made on behalf of Fiji must be made
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