Commonwealth Numbered Regulations - Explanatory Statements

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JOINT ACCREDITATION SYSTEM OF AUSTRALIA AND NEW ZEALAND (PRIVILEGES ANDIMMUNITIES) REGULATIONS 1996 NO. 35

Statutory Rules 1996 No. 35

Issued by the Authority of the Minister for Foreign Affairs

International Organizations (Privileges and Immunities) Act 1963

Joint Accreditation System of Australia and New Zealand (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 carrying out or giving effect to this Act". Section 5 of the Act provides that the regulations may declare an organization to be an organization to which the Act applies. Section 6 provides that the regulations may, amongst other things, confer upon an international organization to which the Act applies juridical personality and such legal capacities as are necessary for the exercise of the powers and performance of the functions of the organization.

The Joint Accreditation System of Australia and New Zealand (JAS-ANZ) was established pursuant to a treaty between Australia and New Zealand of 30 October 1991. The objective of the Agreement was to strengthen the trade relationship between the countries and to improve trade relationships of both with third countries by establishing a joint mechanism for accrediting bodies which provide conformity assessment services, obtaining recognition by national and international bodies for Australian and New Zealand producers, goods and services, establishing links with national and international standards authorities and obtaining mutual acceptance of conformity assessment with international bodies.

In the 1991 Agreement, the question of the precise legal status of the body was left open. Article 3(2) provided only that "the Council shall have such capacity under the law of both Australia and New Zealand as is necessary to the exercise of its powers and the performance of its functions under this Agreement". JAS-ANZ has been functioning on an interim basis under the auspices of the former Department of Industry Science and Technology (now the Department of Industry, Science and Tourism). In 1995 the independent Committee of Inquiry into Australia's Standards and Conformance Infrastructure (the Kean Committee) recommended that JAS-ANZ be given an independent legal personality to enable it operate autonomously . The governments of both Australia and New Zealand have agreed that in all the circumstances, particularly having regard to the bi-national nature of the body, the most appropriate means of taking that step would be for each government to designate the body as an international organization under its relevant legislation. An important consideration in giving international status was that JAS-ANZ would be negotiating and developing conformity standards with similar organisations, such as the EU standards authorities.

The regulations will have the effect of providing the body with juridical personality and legal capacity, entitling it to conduct its affairs under its own name. In particular, they will enable the body to sue and be sued, to contract and to acquire, hold and dispose of real and personal property in its corporate name. They will not, however, provide either the body or any of its officers with any privileges or immunities.

The proposed Regulations would commence on Gazettal.