Commonwealth Numbered Regulations - Explanatory Statements

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INTERNATIONAL ORGANIZATION FOR MIGRATION (PRIVILEGES AND IMMUNITIES) REGULATIONS 1991 NO. 457

STATUTORY RULES 1991 No. 457

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1963

INTERNATIONAL ORGANIZATION FOR MIGRATION (PRIVILEGES AND IMMUNITIES) REGULATIONS

Issued by the authority of the Minister of State for Foreign Affairs and Trade.

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 which are required, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

The purpose of the proposed regulations is to extend the limited privileges and immunities currently enjoyed by the International organization for Migration to reflect the importance of the organization's work, and to recognize its work as being of similar importance to that of other international organizations.

The additional privileges and immunities sought by the IOM include immunity from suit and legal process, inviolability of property and archives, exemption from property and asset restrictions and controls, and the right to secure communications and correspondence. Officers of the IOM would enjoy immunity from suit and legal process in respect of official acts and exemption from immigration restrictions, national service obligations and currency and exchange restrictions as for an official of a diplomatic mission.