Constitution Provisions

CONSTITUTION OF THE REPUBLIC OF THE FIJI ISLANDS
27th July 1998

Section 148
Public Service Commission must consult or get agreement in certain cases 148. Before exercising a power set out in a paragraph or clause of column 1, the Public Service Commission must take the step set out in column 2 opposite to that paragraph or clause

1. Appointment of a person to, removal of a person from, or the taking of disciplinary action against the holder of:  
(a) an office under the control of the President; Get the agreement of the President of the Senate
(b) the office of Secretary to the House of Representatives or an office under his or her control; Get the agreement of the Speaker of the House of Representatives
(c) the office of Secretary to the Senate or an office under his or her control; Get the agreement of the President of the Senate
(d) an office under the control of the Ombudsman or the Auditor-General Get the agreement of the Ombudsman or the Auditor-General as the case may be
2. Appointment of a person to be a Secretary of a department or the Secretary to the Cabinet Get the agreement of the Prime Minister
3. Appointment of a person to be an agricultural tribunal (other than the Central Agricultural Tribunal) under the Agricultural Landlord and Tenant Act. Consult the Prime Minister and the Leader of the Opposition

Part 3 - AUDITOR-GENERAL
Auditor-General
166. This section establishes the office of Auditor-General.
Functions of Auditor-General

167.- (1) At least once in every year, the Auditor-General must inspect and audit, and report to the Parliament on:
             (a) the public accounts of the State
             (b) the control of public money and public property of the State; and
             (c) all transactions with or concerning the public money or public property of the State.

(2) In the report, the Auditor-General must state whether, in his or her opinion:
      (a) transactions with or concerning the public money or public property of the State have been authorised by or pursuant            to this Constitution or an Act of the Parliament; and
      (b) expenditure has been applied to the purpose for which it was authorised.

(3) The Parliament may make further provision in relation to the office of the Auditor-General and may confer further functions and powers on the Auditor-General.

(4) In the performance of his or her duties, the Auditor-General or a person authorised by him or her has access to all records books, vouchers, stores or other government property in the possession or control of any person or authority.

(5) A law made by the Parliament may provide that the accounts of a specified body corporate are not subject to audit by the Auditor-General but are to be audited as prescribed in that law.

(6) If the law so provides, it must also empower the Auditor-General to review those audits and report the results of a review.

(7) The Auditor-General must submit a report made by him or her to the Speaker of the House of Representatives and must submit a copy to the Minister.

(8) Within 30 days of receipt, or if the Parliament is not then sitting, on the first sitting day after the end of that period, the Speaker must cause the leader of each House of the Parliament to lay the report before the House.

Appointment of Auditor-General

168. - (1) The Auditor-General is appointed by the Constitutional Commission following consultation by it with the relevant sector standing committee of the House of Representatives.

(2) The Constitutional Offices Commission may, following consultation by it with the Minister, appoint a person to act as Auditor- General during any period, or during all periods, when the office of Auditor-General is vacant or when the Auditor-General is  absent from duty or from the Fiji Islands or is, for any reason, unable to perform the functions of office.

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