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CHAPTER 9—EMERGENCY POWERS
State of emergency
154.—(1) The Prime Minister may, on the recommendation of the Commissioner
of Police and the Commander of the Republic of Fiji Military Forces, declare a state of
emergency in Fiji, or in a part of Fiji, and may make regulations relating to a state of
emergency, if there are reasonable grounds to believe that—
(a) the security and safety of all or part of Fiji is threatened; and
(b) it is necessary to declare a state of emergency to deal effectively with the
threatening circumstances.
(2) If the declaration of a state of emergency is made when Parliament is sitting, the
Prime Minister must, within 24 hours upon making the declaration, refer the declaration
to Parliament for confirmation of the declaration.
(3) If the declaration of a state of emergency is made when Parliament is not
sitting, the Speaker must, within 48 hours upon the making of the declaration, seek
confirmation of the declaration from the members of Parliament through such measures
of communication as necessary.
(4) If a majority of the members of Parliament confirm the declaration made by the
Prime Minister, then the declaration shall continue for a period of one month from the
date of confirmation, and may be renewed by a further vote in Parliament.
(5) If a majority of the members of Parliament do not confirm the declaration made
by the Prime Minister, then the declaration and any actions taken under the declaration
shall be deemed to be of no effect.
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