Fiji Independence Act 1970

1970 CHAPTER 50

An Act to make provision for, and in connection with, the attainment by Fiji of fully responsible status within the Commonwealth.

[23rd July 1970]

1 Fully responsible status of Fiji.

(1) On and after 10th October 1970 (in this Act referred to as “the appointed day”) Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of Fiji.

(2) No Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend, or be deemed to extend, to Fiji as part of its law, and on and after that day the provisions of Schedule 1 to this Act shall have effect with respect to the legislative powers of Fiji.

2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1 4 Consequential modifications of other enactments.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2^,^F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) On and after the appointed day the provisions specified in Schedule 2 to this Act shall have effect subject to the amendments specified respectively in that Schedule.

(4) Subsection (3) of this section, and Schedule 2 to this Act, shall not extend to Fiji as part of its law.

5 Interpretation.

(1) In this Act, and in any amendment made by this Act in any other enactment, “ Fiji ” means the territories which immediately before the appointed day constitute the Colony of Fiji.

(2) References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.

6 Short title.

This Act may be cited as the Fiji Independence Act 1970.

SCHEDULES

Section 1.

SCHEDULE 1 Legislative Powers of Fiji

1 ^M1 The Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of Fiji.

2 No law and no provision of any law made on or after the appointed day by that legislature shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any Act of the Parliament of the United Kingdom, including this Act, or to any order, rule or regulation made under any such Act, and accordingly the powers of that legislature shall include the power to repeal or amend any such Act, order, rule or regulation in so far as it is part of the law of Fiji.

3 The legislature of Fiji shall have full power to make laws having extraterritorial operation.

4 Without prejudice to the generality of the preceding provisions of this Schedule—

^F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ^M2 Section 4 of the Colonial Courts of Admiralty Act 1890 (which requires certain laws to be reserved for the signification of Her Majesty’s pleasure or to contain a suspending clause) and so much of section 7 of that Act as requires the approval of Her Majesty in Council to any rules of court for regulating the practice and procedure of a Colonial Court of Admiralty shall cease to have effect in Fiji.

Section 4.

SCHEDULE 2 Amendments not Affecting the Law of Fiji

Diplomatic immunities

1 _C1 ^M3 In section 1(6) of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the word “and” in the last place where it occurs there shall be inserted the word “Fiji”.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 Financial

3 _C2 ^M4 In section 2(4) of the Import Duties Act 1958, before the words “together with” there shall be inserted the word “Fiji”.

Visiting forces

4 ^M5^,^M6 In the Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Fiji as it applies to forces raised in Dominions within the meaning of the Statute of Westminster 1931.

5 _C3 ^M7 In the Visiting Forces Act 1952—

(a) in paragraph ( a ) of section 1(1) (countries to which that Act applies) at the end there shall be added the words “Fiji or”;

(b) in section 10(1)(a), the expression “ colony ” shall not include Fiji;

and, until express provision with respect to Fiji is made by an Order in Council and under section 8 of that (application to visiting forces of law relating to home forces), any such Order for the time being in force shall be deemed to apply to visiting forces of Fiji.

Ships and Aircraft

^F6 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7 8 ^M8 In the Whaling Industry (Regulation) Act 1934, the expression “ British ship to which this applies ” shall not include a British ship registered in Fiji.

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8 Commonwealth Institute

^F9 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	insert/omit
C1	The text of s. 4(2)(b) and Sch. 2 paras. 1, 3, 5(a), 6 and 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C2	The text of s. 4(2)( b ) and Sch. 2 paras. 1, 3, 5( a ), 6 and 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C3	The text of s. 4(2)( b ) and Sch. 2 paras. 1, 3, 5( a ), 6 and 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F1	Ss. 2 and 3 repealed by British Nationality Act 1981 (c. 61, SIF 87) , s. 52(8) , Sch. 9				repealed
F2	S. 4(1) repealed by Interpretation Act 1978 (c. 30, SIF 115:1) , Sch. 3				repealed
F3	S. 4(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52) , s. 383(2) , Sch. 17 ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167 , art. 4	this amendment is subject to savings and/or transitional provisions, see the commentary.	commentary suggests repealed		repealed
F4	Sch. 1 para. 4(a) repealed (1.1.1996) by 1995 c. 21 , ss. 314(1) , 316(2) , Sch. 12 (with ss. 312(1) , Sch. 14 para. 1 )			this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F5	Sch. 2 para. 2 repealed by International Organisations Act 1981 (c. 9, SIF 68:1) , s. 6(4) , Sch.				repealed
F6	Sch. 2 para. 6 repealed (1.1.1996) by 1995 c. 21 , ss. 314(1) , 316(2) , Sch. 12 (with ss. 312(1) , Sch. 14 para. 1 )			this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F7	Sch. 2 paras. 7 , 9 repealed by Statute Law (Repeals) Act 1977 (c. 18) , Sch. 1 Pt. XV				repealed
F8	Sch. 2 paras. 7 , 9 repealed by Statute Law (Repeals) Act 1977 (c. 18) , Sch. 1 Pt. XV				repealed
F9	Sch. 2 para. 10 repealed (7.1.2003) by 2002 c. 39 , ss. 3 , 4(2) , Sch. 3				repealed
M1	1865 c. 63 (26:1).
M2	1890 c. 27 (26:1).
M3	1952 c. 18 .
M4	1958 c. 6 .
M5	1933 c. 6 (7:3).
M6	1931 c. 4 (22 & 23 Geo. 5) (26:1).
M7	1952 c. 67 (7:3).
M8	1934 c. 49 (52:3)

Defined Term	Section/Article	ID	Scope of Application
Fiji	s. 5	def_735a646f7b
the appointed day	s. 1	def_eac407e851