Commonwealth Numbered Regulations - Explanatory Statements

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PREPARATORY COMMISSION FOR THE ORGANIZATION ON THE PROHIBITION OF CHEMICAL WEAPONS (PRIVILEGES AND IMMUNITIES) REGULATIONS 1993 NO. 108

EXPLANATORY STATEMENT

Statutory Rules 1993 No. 108

Issued by the authority of the Minister for Foreign Affairs

International Organizations (Privileges and Immunities) Act 1963

Preparatory Commission for the Organization on the Prohibition of Chemical Weapons (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 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 grant limited privileges and immunities to the Preparatory Commission for the Organization on the Prohibition of Chemical Weapons (the Commission) so to facilitate the activities of the Commission in Australia.

The privileges and immunities accorded to the Commission are immunity from suit and legal process, inviolability of property, exemption from property and asset restrictions and controls, exemption from duties and restrictions on goods imported and exported for its official use, and the right to secure communications and correspondence. Officers of the Commission are accorded immunity from suit and legal process in respect of official acts, exemption from taxation on salaries and emoluments received from the Commission, exemption from immigration restrictions, and repatriation facilities in time of international crisis. Former officers of the Commission are granted immunity from suit in respect of official acts. The Commission may waive a privilege or immunity referred to in the Regulations.


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