Fiji Independent Commission Against Corruption (Amendment) Act: Section 10D

Key Points

• Oral Application: An oral application may be made if a written application is not reasonably practicable.

  • The oral application must include the following:
    • Facts relied upon to show reasonable grounds for suspicion or belief
    • Manner of proposed monitoring
    • Names of persons to be monitored (if known)
    • Place of intended monitoring and surveillance
    • Identity of person(s) required to provide assistance
    • Requested duration of warrant
    • Circumstances justifying oral application

Determination of Warrant

• The High Court Judge must consider the following factors when determining whether to issue a warrant:

  • Nature and gravity of the offense
  • Extent of privacy likely to be affected
  • Alternative means of obtaining information or evidence
  • Extent to which information may assist investigation
  • Evidentiary value of information sought
  • Previous warrants related to the same offense
  • Circumstances justifying oral application

Warrant Requirements

• A warrant issued pursuant to this section must specify:

  • Manner of monitoring authorized
  • Name(s) of person(s) to be monitored (if known)
  • Place(s) of monitoring and surveillance authorized
  • Any conditions subject to which places may be entered
  • Person(s) required to provide assistance
  • Duration of the warrant

Validity and Revocation

• A warrant issued pursuant to an oral application is valid for 48 hours.
• The Commissioner or High Court Judge can revoke a warrant if grounds upon which it was issued have ceased to exist.

Definition of “Oral Application”

For the purpose of this section, an “oral application” means an application made orally in person or made by telephone, video conferencing, or any other electronic means by which words can be heard.