THE proposed Competition and Consumer Commission Bill 2026 increases fines 50-fold and expands search and seizure powers for the FCCC.
Individuals who obstruct Competition and Consumer Commission investigations or refuse to comply with lawful notices could face fines of up to $50,000 and 10 years’ imprisonment under the proposed Competition and Consumer Commission Bill 2026, a dramatic increase from previous penalties of $1000, later increased to $5000, under existing legislation.
The draft Bill, now open for nationwide public consultation, introduces sweeping new enforcement powers, significantly tougher penalties and expanded authority for Commission officers to investigate anti-competitive conduct and consumer protection offences.
Among the most significant changes is the increase in penalties for non-compliance with investigation notices and obstruction of Commission officers. Under the proposal, individuals who fail to comply with investigation notices without a reasonable excuse, provide false or misleading information, destroy evidence or obstruct investigations could be fined up to $50,000, imprisoned for up to 10 years, or both. Companies could face fines of up to $500,000.
The proposed penalties represent a substantial escalation from previous laws, where maximum fines stood at $1000 before later increasing to $5000.
The Bill would also considerably strengthen the Commission’s investigative powers.
Commission officers would be authorised to enter and search premises with the occupier’s consent, under a court-issued warrant, or without a warrant in urgent situations where there are reasonable grounds to believe evidence could be lost, destroyed or tampered with.
They would also be empowered to search individuals in public places without a warrant where it is urgently necessary to prevent the destruction or loss of evidence.
To address the growing importance of electronic evidence, the Bill would allow commission officers to examine computers, copy electronic records and access documents stored remotely through computer systems.
Where officers believe digital evidence is at risk, they would also be able to secure computers and other electronic equipment for up to 72 hours while expert assistance is obtained or forensic examinations are carried out.
The proposed legislation allows officers to lock away equipment, place it under guard or take any other reasonable steps necessary to preserve evidence.
If additional time is required, officers would have to apply to a magistrate for an extension, with any continued detention of equipment requiring judicial approval.
The Bill also modernises the process for obtaining search warrants.
Judges, magistrates and justices of the peace would be able to issue warrants authorising searches of homes, businesses, vehicles, vessels and aircraft. Warrants would remain valid for a maximum of seven days and could be applied for electronically, by telephone or other appropriate means where appearing in person is impractical.
The draft legislation also introduces safeguards for people under investigation.
Before questioning anyone who may face prosecution or financial penalties, Commission officers would be required to advise them of their right to remain silent, that they are not required to answer questions, and that anything they say may be used as evidence in future proceedings.
Any evidence obtained without providing those warnings would generally be inadmissible in criminal or financial penalty proceedings.
The Commission would continue to be required to investigate public complaints but could decline to proceed where complaints are considered frivolous, vexatious, lacking substance or not a reasonable use of resources. The Minister would also retain the power to refer matters directly to the Commission for investigation.
Public consultations on the proposed Competition and Consumer Commission Bill 2026 began last night in Suva.
