The Fiji Commerce and Employers Federation is calling for greater evidence and clarity behind proposed increases in penalties and stronger enforcement powers under Fiji’s new competition and consumer protection legislation.

FCEF Chief Executive Officer Edward Bernard says businesses support the review of the law but want to understand why tougher penalties are being proposed and how they will be applied.

The proposed legislation is currently under consultation, with FCEF establishing a working committee to gather feedback from its members before submitting its recommendations to the Ministry of Commerce and Business Development by September 4.

Bernard says the Bill is important because it will directly affect businesses, consumers and the wider economy.

One of the key reforms being considered is stronger penalties for breaches.

But Bernard says the business community wants data to justify the proposed increases.

“We have asked for data on those seven issues. So if it’s increasing the fines, we want to know what has caused FCCC to increase fines, and how many infringements are we talking about here, who is doing these infringements,” Bernard says.

For FCEF, the issue is not simply whether penalties should be increased, but whether the penalties are proportionate to the nature and scale of the offences.

Bernard says businesses also want the policy foundation behind the review to be updated.

He says the policy statement dates back to 2018 and believes the legislation should instead be designed to remain relevant as Fiji’s business environment and economy change.

“We want to make sure that it’s future fit and addresses not only the current but sort of the future trends in business and economy,” he says.

The proposed reforms also come as consumer scams and digital fraud continue to evolve.

Bernard says Fiji’s growing digitalisation means consumers are increasingly exposed to new forms of scams, including schemes that may be difficult to address under existing legislation.

“These scams are going to increase and we’ve seen this in the last few years,” he says.

FCEF therefore accepts the need for legislation to keep pace with emerging threats, but is questioning the extent of the proposed enforcement powers.

Bernard says businesses want to ensure that any new prosecution powers given to the Fiji Competition and Consumer Commission are used reasonably and do not result in regulatory overreach.

“We want to see the extent to which the prosecution takes place. Are they overreaching? Is it reasonable?” he says.

This places the focus of the consultation on finding a balance between stronger consumer protection and ensuring businesses operate under clear and proportionate rules.

FCEF says it will continue consulting its members before finalising its submission to the Ministry.

The organisation is expected to provide its feedback on the proposed reforms by September 4, as the Government considers changes aimed at strengthening Fiji’s competition and consumer protection framework.