Where to take your consumer issues!
23-Oct-2009

THERE exist a number of consumer protection agencies (CPAs) established to assist you with your consumer needs. The information provided here is designed to help you understand the roles and legislative (legal) powers of the CPAs in Fiji. In totality there are four (4) important CPAs. These are:

Consumer Council of Fiji (THE ONLY NON-ENFORCEMENT AGENCY).

Ministry of Industry, Trade, Tourism and Communications which has the Department of Fair Trading & Consumer Affairs (DFTCA); Department of Weights & Measures; and Trade Standards & Quality Control Office.

1. Commerce Commission.

2. Prices & Incomes Board (PIB)

3. Consumer Council of Fiji

The Consumer Council of Fiji (CCOF) is an independent statutory body established under the Consumer Council of Fiji Act 1976 (Cap 235).

The Council is an advocacy organisation that PROVIDES THE EXTERNAL PRESSURE AS A WATCHDOG to create a fair and just delivery of goods and services on behalf of consumers over regulators, enforcers and other stakeholders who are entrusted with consumer protection.

It represents and protects the rights and interests of consumers, in particular the disadvantaged groups, rural poor and women by identifying and articulating the policy issues that are of importance to the consumers. Simply, CCOF is a consumer mouthpiece: it is the voice, eyes and ears of the consumers.

IT IS NOT AN ENFORCEMENT AGENCY. It has been established to act independently of any state bodies to protect consumers and their interests without any due influence or pressure so that it is able to seek accountability and transparency to enhance consumer protection in Fiji.

Functions of the Council
Section 6 of the Consumer Council of Fiji Act stipulates the functions of the Council.

Section 6(1) states that: “The functions of the Council shall be to do all such acts and things which it may consider necessary or expedient to ensure that the interest of consumers and of goods and services are promoted and protected”.


Services offered
Campaign – on systemic issues affecting a wide range of consumers.

Education & Advocacy – providing education in schools, training institutions, communities and through established organisations on consumer rights and responsibilities.

Information & Media – informing consumers through mass media promotions and publications in English, Fijian and Hindi and through organised public events.

Research – carrying out research on consumer-driven complaints and issues to provide factual and legal advice to policy-makers, traders and service providers, regulators and other stakeholders on matters affecting consumers.

Alternative Dispute Resolution – assisting consumers via mediation to resolve complaints, providing consumer advisory services and legal representation, if necessary.

Ministry Of Industry, Trade, Tourism and Communications

Department of Fair Trading & Consumer Affairs (DFTCA) exists to:

Promote and enhance a trading environment for consumers and business in which all participants are treated fairly and equitably;

Prevent inferior, sub-standard, unhealthy, unsafe and poor quality products from entering the market place; and

Promote technological infrastructure for standardisation, quality assurance, research and reliability of Fiji-made products and services.

Enforcement powers
DFTCA is responsible for the administration and enforcement of the Fair Trading Decree 1992 (and Amendment Act 1998). This Decree aims to protect consumers from unfair business practices, and safeguard the interests of small businesses from unfair treatment from large corporations (These provisions are now administered by the by the Commerce Commission)

Case Study – An issue for the Department of Fair Trading &Consumer Affairs

“I believe that Company D is making claims on their advertisement of providing additional items with the Product A. However, those additional items are not available when I go to purchase Product A and I want these items as advertised”. (Bait advertising is prohibited under the Fair Trading Decree 1992)

Apart from the above functions the department also oversees the following legislations:

Dumping and Countervailing Duties Act 1998
The Act provides for investigations into alleged dumped and subsidised goods and imposition of dumping and countervailing duties where appropriate.

Consumer Credit Act 1999
The purpose of the act is to provide a legal framework for the provision of credit by credit providers.

Real Estate Agents Act 2006
This law has provisions for the regulations of real estate agents and for related matters, such as:

Establish licensing board;

registrar of real estate agents;

licencing of real estate agents;

approval of branch managers, salespersons;

duties of real estate agents; and

disciplinary powers of the board.

As of September 2009, there are 76 real estate agents registered under the Registrar of Real Estate Agents. LJ Hooker is the only registered agent in the country that had its license cancelled.

Department of Weights & Measures

This Department is now governed by the National and Trade Measurement Decree 1989. It establishes a national system of units and standards of measurement of physical qualities based on the international systems of units. The Decree aims to provide a fair and just use of units of measurement, standards, procuring instruments and pre-packed goods.

It is also tasked to maintain an annual or random check of weighing apparatus like commercial scales used in supermarkets and other retails shops. If satisfied, the department will paste a sticker to certify that it has been checked and approved by them.

There are also associated regulations that fall under this Department:

National and Trade Measurement Regulations 1989;

(Pre-Packed Articles) (Packaging) Regulations 1989;

Bread Regulations 1989; and

Misleading Markings and Deceptive Packaging Regulations 1989

Case Study – An issue for the Department of Weights & Measures

“I believe the net weight of this soap is less than what is labelled”. Upon departments check, it was found that the net weight was in fact 200grms less than the label claim.

Trade Standards & Quality Control Office.

This office is responsible for the administration and enforcement of the Trade Standards and Quality Control Decree 1992. The Decree is intended to ensure that goods and services sold are of acceptable and uniform standard, to remove from the marketplace any dangerous and unsafe goods, and ensure that warning statements are issued on dangerous or unsafe goods.

Case Study – An issue for the Trade Standards and Quality Control Office
“Please visit the X supermarket in Valelevu and see the Z brand bottled water displayed on the shelves. The bottom of the bottle has algae growth”

Commerce Commission
The Commerce Commission is an independent statutory body that promotes effective competition and informed markets; encourages fair-trading; protects consumers and businesses from restrictive trade practices and control prices of regulated industries and other markets where competition is lessened or limited.

Enforcement powers

Commerce Act 1998;

Fair Trading Decree 1992 (s54); and

Fair Trading (Amendment) act 1998.

Case Study – An issue for the Commerce Commission

“A mobile phone company known as X is preventing my new company, Y from selling recharge cards at selected retail outlets as they have an exclusive deal with each other.

This is clearly anti-competitive conduct restricting sale of Y’s recharge cards to its customers forcing Y’s customers to switch to X company”

Prices & Incomes Board (PIB)
PIB was set up under the Counter Inflation Act. PIB controls inflation and is not established to promote or regulate competition in the marketplace.

PIB determines, monitors and regulates the price of 22 FOOD ITEMS and 14 NON-FOOD ITEMS which are under price control.

It also has powers to regulate charges, remuneration dividends and residential rent. The Board deals with offenders who sell price controlled goods that exceeds the designated or maximum price.

TWENTY FOUR (24) TRADERS and TWO (2) LANDLORDS were convicted and fined by the Magistrates Court for breaching price and rent control regulations during the month of June and July of 2009.

The offences include selling price controlled items at an excessive price; failing to mark and display retail prices; failing to keep to the satisfaction of the Board records including letting agreement and receipts; and illegal increase in rent.

Enforcement powers
Under the Counter Inflation Act PIB can:

fix the maximum price at which goods can be sold;

fix the price on services (such as hire of taxis or bus services);

deal with rental increases of residential or commercial properties; and

investigate and prosecute offenders whose charges exceeds the designated prices.

Redress mechanism

If complaints are not addressed by any of these agencies effectively, then consumers may lodge a claim not exceeding $5000 to the Small Claims Tribunal.