Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694867152436.pdf (Fiji)
BILL NO.

34 OF 2022 A BILL FOR AN ACT TO AMEND THE SUPERYACHT CHARTER ACT 2010 ENACTED by the Parliament of the Republic of Fiji— 1.—(1) This Act may be cited as the Superyacht Charter (Budget Amendment) Act Short title and commencement 2022.

(2) This Act comes into force on 1 August 2022.

(3) In this Act, the Superyacht Charter Act 2010 is referred to as the “Principal Act”.

2.
Section 2 of the Principal Act is amended by— Section 2 amended (a) after the definition of “$USD”, inserting the following new definition— ““approved form” has the meaning given in section 2 of the Customs Act 1986;”; (b) (c) in the definition of “Code of Conduct”, deleting “FIHTA subcommittee” and substituting “body responsible for the overseeing of hotel and tourism”; in the definition of “Environment and Climate Adaptation Levy”, deleting “Schedule” and substituting “approved form”; 2 (d) deleting the definition of “FIHTA subcommittee”; (e) deleting the definition of “Minister” and substituting the following— ““Minister” means the Minister responsible for finance;”; and (f) in the definition of “superyacht”, deleting “24 metres” and substituting “18 metres”.
3.

The Principal Act is amended after section 3 by inserting the following new section— Section 3A inserted 3A.

This Act shall be read as one with the Customs Act 1986.”.

“Acts to be read as one Section 4 amended 4.

Section 4(1) of the Principal Act is amended by deleting “FIHTA subcommittee” and substituting “body responsible for the overseeing of hotel and tourism”.

5.
5.

Section 7 of the Principal Act is amended by— Section 7 amended (a) in subsection “$USD30,000”; and (2)(c), deleting “$USD55,000” and substituting (b) in subsection (3), deleting “prescribed” and substituting “approved”.

6.

Section 8 of the Principal Act is amended by— Section 8 amended (a) (b) in subsection (2), deleting “prescribed” and substituting “approved”; and in subsection (3)(c), deleting “Schedule” and substituting “approved form”.

7.
7.

Section 14 of the Principal Act is amended by deleting “Schedule” and substituting Section 14 amended “approved form”.

8.

Section 20(a) of the Principal Act is amended by deleting “$USD55,000” and Section 20 amended substituting “$USD30,000”.

9.

The Principal Act is amended by deleting the Schedule.

Schedule deleted 10.

The Prescribed Registration and Permit Forms Order 2010 is revoked.
Consequential amendment Superyacht Charter (Budget Amendment)— of 2022 3 Office of the Attorney-General Suvavou House Suva July 2022 SUPERYACHT CHARTER (BUDGET AMENDMENT) BILL 2022 –––––––– EXPLANATORY NOTE (This note is not part of the Bill and is intended only to indicate its general effect) 1.0 1.1 1.2 1.3 2.0 2.1 BACKGROUND The Superyacht Charter Act 2010 (‘Act’) establishes a charter permit system to allow superyachts to charter in Fiji waters.
The Superyacht Charter (Budget Amendment) Bill 2022 (‘Bill’) seeks to amend the Act to make Fiji competitive with other holiday destinations by, inter alia, extending the category of superyachts that may charter in Fiji waters.

Moreover, the Bill also seeks to amend the Act to provide for ease of administration in which the powers available under the Customs Act 1986 will also be applied to the Act.

CLAUSES Clause 1 of the Bill provides for the short title and commencement.
If passed by Parliament, the amending legislation will come into force on 1 August 2022.
2.2 Clause 2 of the Bill amends section 2 of the Act as follows— (a) inserting the definition of “approved form” to align with section 2 of the Customs Act 1986; (b) amending the definition of “Code of Conduct” by deleting the reference to “FIHTA subcommittee” and substituting “body responsible for the overseeing of hotel and tourism”; (c) amending the definition of “Environment and Climate Adaptation Levy” to delete the reference to the “Schedule” and substituting “approved form”; (d) deleting the definition of “FIHTA subcommittee”; (e) amending the definition of “Minister” to mean the Minister responsible for finance; and (f) amending the definition of “superyacht” to decrease the minimum length of a superyacht from 24 metres to 18 metres.
4 2.3 2.4 2.5 2.6 2.7 2.8 Clause 3 of the Bill amends the Act by inserting section 3A to include that the Act shall be read as one with the Customs Act 1986.

Clause 4 of the Bill amends section 4(1) of the Act to delete the reference to “FIHTA subcommittee” and substituting “body responsible for the overseeing of hotel and tourism”.
Clause 5 of the Bill amends section 7 of the Act to decrease the charter fee from $USD55,000 to $USD30,000 and to delete the reference to “prescribed form” and substitute “approved form”.

Clause 6 of the Bill amends section 8 of the Act to delete the references to “prescribed form” and “Schedule”, and substituting “approved form”.

Clause 7 of the Bill amends section 14 of the Act to delete the reference to “Schedule” and substituting “approved form”.
Clause 8 of the Bill amends section 20(a) of the Act to decrease the charter fee from $USD55,000 to $USD30,000.

2.9 Clause 9 of the Bill amends the Act by deleting the Schedule to the Act.

2.10 3.0 3.1 Clause 10 of the Bill revokes the Prescribed Registration and Permit Forms Order 2010.

MINISTERIAL RESPONSIBILITY The Act comes under the responsibility of the Minister responsible for tourism.
A. SAYED-KHAIYUM Attorney-General Price: 52c NITESH A. PRASAD, SERENDIB INVESTMENT PTE LTD, (Acting Government Printer), Suva, Fiji – 2022 34/A/22—269 Official Printer Since 2019