FIJI ISLANDS

FIJI ISLANDS VISITORS BUREAU ACT 2004

ARRANGEMENT OF SECTIONS

PART 1 PRELIMINARY

1. Short title and commencement
2. Interpretation

PART 2 ESTABLISHMENT OF THE FIJI ISLANDS VISITORS BUREAU AND THE BOARD OF DIRECTORS

3. Establishment of the Bureau
4. Object of the Bureau
5. Functions of the Bureau
6. Establishment of the Board
7. Powers of the Board
8. Meetings of the Board
9. Disclosure of interest
10. Remuneration of members of the Board and committees

PART 3 MANAGEMENT AND FINANCIAL PROVISIONS

11. Appointment of Chief Executive and other staff
12. Power to give directions
13. Annual statements
14. Power to raise loans
15. Accounts and audit
16. Annual report

PART 4 MISCELLANEOUS

17. Exemption of liability
18. Delegation of powers
19. Regulations
20. Repeal and savings

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ACT NO. 1 OF 2004

I assent

J.I. ULUIVUDA
President

[9 March 2004]

AN ACT

FOR AN ACT TO ESTABLISH THE FIJI ISLANDS VISITORS BUREAU AND FOR RELATED MATTERS

ENACTED by the Parliament of the Fiji Islands

PART 1 PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Fiji Islands Visitors Bureau Act 2004.

(2) This Act comes into force on a date appointed by the Minister by notice in the Gazette.

Interpretation

2. In this Act, unless the context otherwise requires 

Bureau means the Fiji Islands Visitors Bureau established under section 3;

Board means the Board of Directors of the Bureau established under section 6;

Chief Executive means the Chief Executive of the Bureau appointed under section 11.

PART 2 ESTABLISHMENT OF THE FIJI ISLANDS VISITORS BUREAU AND THE BOARD OF DIRECTORS

Establishment of the Bureau

3. - (1) The Fiji Visitors Bureau established by the Fiji Tourist Commission and Visitors Bureau Act (Cap. 104) is preserved and continues in existence as a body corporate with perpetual succession and a common seal under this Act, but it is to be known, after the commencement of this Act, as the Fiji Islands Visitors Bureau.

(2) The Bureau may -

(a) sue and be sued;

(b) acquire, hold or dispose of properties and enter into contracts;

(c) lend money and raise loans, subject to section 14; and

(d) do any other thing, which a legal person can do in connection with its functions.

(3) The corporate identity and the rights and obligations of the Bureau are not affected by its change of name.

Object of the Bureau

4. The object of the Bureau is to ensure that the Fiji Islands is promoted and marketed as a tourist destination for the purpose of maximising sustainable and long-term benefits to the Fiji Islands.

Functions of the Bureau

5. (1) The Bureau shall perform its functions-

(a) for the purpose of achieving its object set out in section 4; and

(b) in accordance with the annual statement approved for that year under section 13.

(2) Subject to subsection (1), the functions of the Bureau are-

(a) to develop and implement strategies for the promotion and marketing of tourism; and

(b) to advise the Government and the Fiji Islands tourism industry on matters relating to the development, implementation and promotion of the strategies mentioned in paragraph (a).

Establishment of the Board

6. (1) This section establishes a Board of Directors of the Bureau consisting of-

(a) the Chief Executive Officer responsible for Tourism;

(b) 2 public officers;

(c) 4 members to represent the tourism industry; and

(d) 2 other members to represent the community, one of whom must represent the traditional and customary resource owners.

(2) The Chief Executive is an ex officio member of the Board but does not have the right to vote on any matter before the Board for deliberation.

(3) In making these appointments, the Minister shall ensure that-

(a) members must be qualified or experienced in matters of public administration, commerce industry, information technology, economics or marketing;

(b) the membership reflects the widest cross section of the community including gender balance;

(c) for members appointed under paragraph (1)(c), the views of the principal tourism components are taken into account;

(d) for members appointed under subsection (1)(d), each person must have an interest in the tourism industry.

(4) The members under paragraphs (b) to (d) of subsection (1) are appointed by the Minister and the members may hold office for a period of up to 3 years and are eligible for re-appointment for a further term of 2 years.

(5) The Chairperson of the Board is appointed by the Minister from amongst the members of the Board.

(6) At the first meeting of the new Board, the members must elect a Deputy Chairperson from amongst its members.

Powers of the Board

7. (1) The Board may, on behalf of the Bureau, do all things as are incidental and conducive to the attainment of the objects and functions of the Bureau.

(2) The Board may appoint special committees for such purposes as it deems necessary either from its own members or from within or outside the Bureau.

(3) The Board shall approve and control all expenditure but it may delegate the control of certain levels of expenditure to the Chief Executive or a special committee in accordance with the directives made by the Board, with the approval of the Minister.

Meetings of the Board

8. (1) The quorum at any meeting of the Board is 5 members.

(2) If the Chairperson is absent at a meeting, the Deputy Chairperson shall preside.

(3) If the Chairperson and the Deputy Chairperson are both absent at a meeting, the members present may elect a member to preside at that meeting.

(4) At any meeting of the Board the member presiding at that meeting has an original vote and a casting vote.

(5) The Board may make rules governing its own procedures.

Disclosure of interest

9.-(1) A member of the Board or any special committee or the Chief Executive having any interest in any matter under discussion by the Board or special committee must disclose his or her interest to the Board or special committee.

(2) A disclosure under subsection (1) must be recorded in the minutes of the Board or committee and, after disclosure, the member, or the Chief Executive must not take part nor be present in any deliberation or decision of the Board or committee.

(3) An officer or staff member of the Bureau must declare any interest relating to any tourism industry to the Chief Executive who must advise the Board or a special committee of the nature of the interest.

Remuneration of members of the Board and committees

10. (1) The Chairperson and other members of the Board, other than the Chief Executive Officer responsible for Tourism and 2 public officers, are entitled to remuneration and other allowances determined by the Minister.

(2) Members of any special committee appointed under section 7(2) are entitled to allowances and expenses determined by the Board.

PART 3 MANAGEMENT AND FINANCIAL PROVISIONS

Appointment of Chief Executive and other staff

11. (1) The Board may appoint a Chief Executive and other officers and staff as it considers necessary for the proper and efficient carrying out of the functions of the Bureau.

(2) The Chief Executive is entitled to remuneration and other allowances determined by the Higher Salaries Commission.

(3) The other officers and staff of the Bureau are entitled to remuneration and other allowances determined by the Board.

(4) Notwithstanding section 18, the Board may delegate its powers to appoint other officers or staff under subsection (1) to the Chief Executive or other senior officers of the Bureau.

Power to give directions

12. (1) The Minister may, in writing, give directions to the Board with respect to matters of policy, including directions with respect to the general nature and extent of the operations of the Bureau, and the Board shall comply with such directions.

(2) Notwithstanding subsection (1), the Board shall, if required by the Minister, formulate and submit to the Minister proposals with respect to the general nature and extent of its future operations.

Annual statements

13. (1) The Board shall, before the 1st day of December in every financial year, submit to the Minister for approval, an annual statement on-

(a) the Bureaus projected outputs during the next financial year;

(b) the Bureaus best estimate of the cost to the Bureau of providing those outputs;

(c) the methods (including financial and non-financial performance measures) by which the Bureau intends to assess the extent to which it will provide those outputs;

(d) how the Bureau intends to report on the extent to which it will provide those outputs; and

(e) liabilities the Bureau intends to incur during the next financial year, subject to subsection (5).

(2) Every annual statement shall be accompanied by a statement of the Bureaus best estimate of-

(a) the impacts of the outputs described in the annual statement on, and the impacts and consequences of those outputs for, the number of visitors to the Fiji Islands in later years, the length of their stay and the amount of money spent; and

(b) the impacts of those outputs on and consequences of those outputs for the number of visitors to the Fiji Islands in later years and the amount of money they spent.

(3) At any time during a financial year, the Board may submit to the Minister an amended annual statement for that year.

(4) After receiving the Bureaus annual statement for a year or an amended annual statement, the Minister may-

(a) approve the annual or amended statement, subject to subsection (5);

(b) return the annual or amended statement to the Board with directions for amendment; or

(c) refuse to approve the amended statement.

(5) The Minister may, with the concurrence of the Minister responsible for Finance, approve any part of an annual statement stating the liabilities the Bureau intends to incur.

(6) If the Minister-

(a) refers to the Board the Bureaus annual statement for any year or an annual statement, for amendment; or

(b) during a financial year, directs the Board, in writing, to amend its annual statement for the year,

the Board shall amend the annual statement and return it to the Minister.

(7) When the Board returns to the Minister the amended annual statement for any financial year, the Board may also return the amended statement required under subsection (2) for that year.

Power to raise loans

14. The Bureau may, with the consent of, and upon such terms and conditions as may be approved by the Minister with the concurrence of the Minister responsible for Finance, raise loans for the purpose of exercising its powers and carrying out its object and functions under this Act.

Accounts and audit

15. (1) The Bureau shall keep and maintain proper accounts and other records in respect of its operations and shall cause to be prepared a statement of account in respect of each financial year.

(2) The Auditor-General shall audit the accounts of the Bureau and prepare a report on such accounts.

(3) After the end of each financial year as soon as the accounts of the Bureau have been audited, the Board shall cause a copy of the statement of accounts to be transmitted to the Minister together with a copy of any report made by the Auditor-General on that statement or on the accounts of the Bureau.

Annual report

16. (1) The Board shall, within 6 months after the end of each financial year, cause to be made and transmitted to the Minister an annual report on the operations, business and affairs of the Bureau.

(2) The Minister shall, as soon as practicable, lay before both Houses of Parliament a copy of the annual report of the Bureau.

PART 4 MISCELLANEOUS

Exemption of liability

17. A member of the Board or of a committee, the Chief Executive, or an officer or a staff member of the Bureau is not personally liable for any act or default done or omitted to be done in good faith under this Act and any sums of money, damages, or costs which may be recovered against the member, officer or staff member in respect of any such act or default is to be paid out of the funds of the Bureau.

Delegation of powers

18. The Board may generally or specifically delegate its powers or functions under this Act to a member of the Board, a member of a special committee or the Chief Executive except the power under this section.

Regulations

19. The Minister may, after consulting the Board, make regulations to give effect to the provisions of this Act.

Repeal and savings

20.-(1) The Fiji Tourist Commission and Visitors Bureau Act (Cap. 104) is repealed.

(2) At the commencement of this Act, any property, rights, obligations or liabilities which was vested in or belonged to the Fiji Visitors Bureau is vested in or transferred to the Fiji Islands Visitors Bureau without conveyance, transfer or assignment, and will be held by the Fiji Islands Visitors Bureau for the same purpose as it was held by the Fiji Visitors Bureau before the commencement of this Act.

(3) At the commencement of this Act, a reference to Fiji Visitors Bureau in any written law or any other document is amended and to be replaced and read as Fiji Islands Visitors Bureau.

(4) At the commencement of this Act, the members of the Board of Directors of the Fiji Visitors Bureau appointed under the repealed Act (Cap. 104) continue as if they had been appointed under this Act until their terms of office expire.

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Passed by the House of Representatives this 4th day of February, 2004.

Passed by the Senate this 26th day of February, 2004.