Commonwealth Numbered Regulations - Explanatory Statements

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COMMISSION FOR THE CONSERVATION OF SOUTHERN BLUEFIN TUNA (PRIVILEGES ANDIMMUNITIES) REGULATIONS 1996 NO. 40

Statutory Rules 1996 No. 40

Issued by the Authority of the Minister for Foreign Affairs

International Organizations (Privileges and Immunities) Act 1963

Commission for the Conservation of Southern Bluefin Tuna (Privileges and Immunities) Regulations

Section 13 of the International Organizations (Privileges and Immunities) Act 1963 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

The Commission for the Conservation of Southern Bluefin Tuna ("the Commission") was established by an agreement concluded at Canberra on 10 May 1993 and which entered into force on 20 May 1994.

A Headquarters Agreement between Australia and the Commission ("the Headquarters Agreement") has been negotiated and, in order for Australia to comply with its terms when it enters into force on signature, regulations are needed under the Act to declare the Commission to be an "international organization" to which the Act applies, and to confer upon the Commission, and persons associated with it, privileges and immunities pursuant to section 6 of the Act as envisaged by the Headquarters Agreement and the agreement establishing the Commission. The Headquarters Agreement gives effect to the decision of the Commission to establish the Secretariat and headquarters of the Commission in Canberra, Australia.

The Regulations grant the Commission legal personality and capacity to enable it to exercise its powers and to perform its functions in Australia. They also confer various privileges and immunities on the Commission including immunity from suit, exemption from currency and exchange restrictions, exemption from customs and excise duties on goods imported or exported for official use. They further provide for the official premises, property, documents and archives of the Commission to be inviolable. The Commission is not made exempt, however, from any taxes on securities issued or guaranteed by it, or on dividends or interest on such securities. The Commission is also required to pay any costs or taxes associated with premises owned, leased or occupied by it.

The Regulations also provide privileges and immunities to the Executive Secretary of the Commission, which are similar to those accorded to diplomatic agents in Australia under the Diplomatic Privileges and Immunities Act 1967. Former Executive Secretaries retain immunity from suit and from other legal process in respect of acts done in their capacity as such an officer. Like provisions extend to representatives of other countries attending conferences in Australia convened by the Commission.

The Regulations further provide officeholders and experts of the Commission with more limited privileges and immunities, including immunity from suit in respect of official acts. They also provide that such persons are exempt from certain forms of taxation and from customs and excise dudes on goods imported or exported for official and personal use. These privileges and immunities do not extend, however, to Australian citizens or permanent residents employed by the Commission.

Details of the proposed Regulations are as follows:

Regulation 1 is a citation clause.

Regulation 2 is an interpretation provision.

Regulation 3 declares the Commission to be an international organisation to which the Act applies.

Regulation 4 gives the Commission juridical personality and legal capacities.

Regulation 5 gives the Commission certain privileges and immunities listed in the Act.

Regulation 6 provides that the Commission's immunity from suit does not apply in the case of motor vehicle accidents and offences; contracts for the supply of goods and services, loans, guarantees or indemnities; certain legal or arbitration proceedings; or where it is waived.

Regulation 7 provides for an exception from the inviolability of the Commission's premises in cases of fire or other emergency.

Regulation 8 removes the exemption conferred by regulation 5 on any property or assets of the Commission abandoned by it for a year or more.

Regulation 9 provides that the Commission is not exempt from taxes being payment for services rendered in respect of the Commission's premises; nor from income tax if any other member of the country of the Commission levies tax on the Commission's income.

Regulation 10 gives the Executive Secretary, unless an Australian citizen or permanent resident, certain privileges and immunities listed in the Act.

Regulation 11 gives officers of the Commission certain privileges and immunities listed in the Act. A number of additional privileges and immunities are given to those officers who are not Australian citizens or permanent residents of Australia.

Regulation 12 gives representatives of other countries attending conferences convened by the Commission who are not Australian citizens or permanent residents certain privileges and immunities listed in the Act, excluding immunity in relation to motor vehicle accidents.

Regulation 13 gives experts working with the Commission who are not Australian citizens or permanent residents certain privileges and immunities listed in the Act, excluding immunity in relation to motor vehicle accidents and motor traffic offences.

Regulation 14 allows the privileges and immunities given by other regulations to be waived by named persons or bodies.

Regulation 15 provides that the privileges and immunities given by other regulations is subject to Australian quarantine, health and public order laws, including export or import of animals, plants and goods.

The Regulations commence on Gazettal.