Introduction 1. On 11 December 2014, among other Bills, the following Acts were enacted to amend employment related legislation: (a)Fringe Benefit Tax (Budget Amendment) Act No. 6 of 2014. (b)Stamp Duties (Budget Amendment) Act No. 12 of 2014. (c)Fiji National Provident Fund (Amendment Act) Act No. 13 of 2014. Copies of the Acts which commence on 1 January 2015 are… Read more »
Alerts & Publications
Amendments to stamp duty rates
Introduction 1. The 2013 National Budget Address on 22 November 2012 announced a review of stamp duty rates. These changes (and others not announced) have now been enacted in the Stamp Duty (Amendment) Decree 2012, No 84 of 2012. 2. Some of the changes arising from the amendment were not foreshadowed, are somewhat surprising and… Read more »
Amendments to the Income Tax Act and Capital Gains Tax Decree
Introduction 1. Legislative changes have finally been made to give effect to some of the tax changes announced in the 2013 budget in November 2012. These include: (a) to make PAYE in certain circumstances a final tax (b) changes in the advance payment mechanism for company tax and (c) a requirement to file capital gains… Read more »
Wage Regulation Orders Alert 2012
Wages Regulation Orders 2012 This Alert summarises the Wages Regulation Orders gazetted on 30 October 2012 (WROs) pursuant to the Employment Relations Promulgation 2007 (ERP). The WROs follow proposals that were gazetted on 29 June 2012 and written submissions that were invited to be made. The WROs affect workers in the industries listed below whose… Read more »
Tax Tribunal Decision – s.8(2)(a)(ii) of the Income Tax Act, Dividend Regulations and tax-credits for pre- and post-2001 corporate tax
Tax Tribunal Decision – s.8(2)(a)(ii) of the Income Tax Act, Dividend Regulations and tax-credits for pre- and post-2001 corporate tax
Notice of Wages Regulation Proposals
Introduction This Alert summarises the proposed Wages Regulation Orders (WROs) gazetted on 29 June 2012 (Proposals) pursuant to the Employment Relations Promulgation 2007 (ERP). The ERP requires the relevant wages councils to publish notice of the Proposals stating: (a) the place where copies of the proposal may be obtained (b) the period within which written representations on… Read more »
Changes to the Vanuatu Intellectual Property Regime
Introduction 1. Vanuatu is expected in the next few weeks to announce new processes and fees to implement the Trade Marks Act 2003(TM Act). This is one of a suite of new IP laws enacted between 2000 and 2003 and made effective from 8 February 2011. The full set of laws is set out in… Read more »
Industry Emblem Decree 2011 Alert
Introduction 1. The Government has issued a new Industry Emblem Decree 2011(Decree) to allow manufacturers and growers of Fiji goods to promote those goods under a branded “Fijian made” or “Fijian grown” emblem. Use of the emblem is not compulsory but those who wish to use it must meet certain requirements set by the Decree…. Read more »
Capital Gains Tax Decree 2011
Introduction 1. Capital Gains Tax (CGT) now applies in Fiji. The Capital Gains Tax Decree 2011(Decree) was published on 16 May 2011 and its effect is backdated to 1 May 2011. Those parts of the Land Sales Act taxing profits on land sales have been repealed. 2. The Decree imposes CGT at the rate of 10% on capital gains on… Read more »
Tax Administration (Amendment) Decree 2010
MORE TAX BUREAUCRACY (for banks and all of us) Introduction 1. The government has now issued the Tax Administration (Amendment) Decree 2010(Amendment Decree). 2. The Amendment Decree was issued in the Gazette of 26 October 2010. It has apparently been in force since 15 August meaning that some people may have been in breach of a law… Read more »
Proposed Health and Safety at Work (Plant) Regulations 2010
(new regulatory process for plant safety; new categories of plant included) Introduction 1. The government last month released draft Health and Safety at Work (Plant) Regulations (Regulations) to certain industry stakeholders for comment. The new draft law appears to have had only limited circulation with a short time for feedback, now (officially) expired. 2. The… Read more »
Commerce Commission Decree 2010
(Mostly the same, more confusing, less to challenge) Introduction 1. On 24 September 2010 the government published the Commerce Commission Decree 2010[1] (Decree). It is stated to have come into force on 1 July 2010. What the Decree does (?) 2. The Decree intends to replace and consolidate the Counter-Inflation Act (Cap. 73), Fair Trading Decree 1992… Read more »
New York Convention Local
Fiji has signed the 1958 Convention on the Recognition of Foreign Arbitral Awards. Arbitration awards in Fiji may now be directly enforced in Convention countries, and vice versa. Introduction 1. On 25 September 2010, Fiji signed the 1958 Convention on the Recognition of Foreign Arbitral Awards (New York Convention). The Convention has 142 State parties,… Read more »
New York Convention International
Fiji has ratified the 1958 Convention on the Recognition of Foreign Arbitral Awards. Arbitration awards in Convention countries may now be directly enforced in Fiji, and vice versa. Introduction 1. On 27 September 2010, Fiji ratified the 1958 Convention on the Recognition of Foreign Arbitral Awards (New York Convention). The Convention enters into force in… Read more »
Environment Management Non Compliance Inspections
Introduction 1. The Environment Management (Waste Disposal & Recycling) Regulations 2007 (“the Legislation”) require all industrial and commercial facilities to have a waste permit (unless exempted). [See previous legal alert on Munro Leys website www.munroleyslaw.com] 2. The Department of Environment (“DOE”) is currently conducting a series of site visits to all commercial and industrial facilities in… Read more »
Waste Disposal And Recycling Permits Under The Environment Management Act
Introduction 1. The Department of Environment (“DoE”) has launched the first of a series of campaigns to enforce compliance with the Environment Management Act 2005 (“EMA”) and the Regulations made under it. If your business has not yet applied for and obtained the necessary permits you are likely to be issued with a default notice and an application… Read more »
Administration of Justice Decree
Introduction 1. Further to our Alert on the Abrogation of the Fiji Constitution and the resulting termination of all judicial appointments, the new Fiji Government has issued a decree relating to the administration of justice. As with our earlier Alert, this one is practically, rather than constitutionally, oriented. We do not comment on the legality… Read more »
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