Commonwealth Numbered Regulations - Explanatory Statements

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SOUTH PACIFIC FORUM SECRETARIAT (PRIVILEGES AND IMMUNITIES) REGULATIONS 1992NO. 162

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 162

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

International Organizations (Privileges and Immunities) Act 1963

South Pacific Forum Secretariat (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 matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subparagraph 6(1)(a)(i) of the Act provides that the regulations may confer upon an international organization to which the Act applies judicial personality and such legal capacities As are necessary for the exercise of the powers and the performance of the functions of the organization. Subparagraph 6(1)(a)(ii) of the Act provides that the regulations may confer on an international organization to which the Act applies all or any of the privileges and immunities specified in the First Schedule of the Act. Subparagraph 6(1)(d)(i) of the Act provides that the regulations may confer on a person who holds an office in an international organization to which the Act applies (not being an office prescribed by the regulations to be a high office) all or any of the privileges and immunities specified in Part I of the Fourth Schedule.

The purpose of these regulations is to give effect to the provisions of Article XI of the Agreement Establishing the South Pacific Forum Secretariat (the Agreement) which was signed by the Minister for Foreign Affairs and Trade on 29 July 1991 at the meeting of the South Pacific Forum in Pohnpei. In practice the South Pacific Forum Secretariat (the Secretariat) will be the successor to the South Pacific Bureau for Economic Cooperation and the proposed regulations will replace the South Pacific Bureau for Economic Cooperation (Privileges and Immunities) Regulations. Article XI of the Agreement grants to the Secretariat, its officeholders, officers and employees various privileges and immunities. Its provisions are as follows:

Sub-Article XI 1 states that the Secretariat shall enjoy the legal capacity of a body corporate in the territories of member governments.

Sub-Article XI 2 states that the Secretariat shall have immunity from suit and legal process and its premises shall be inviolable.

Sub-Article XI 3 provides that the Secretariat shall be exempt from taxes other than such as represent charges for specific services rendered and that it ' shall be exempt from taxes duties and other levies, other than charges for specific services rendered, on goods imported for its official use.

Sub-Article XI 4 states that the Secretariat shall be free from prohibition on goods imported or exported for its official use.

Sub-Article XI 5 provides that the staff of the Secretariat shall be entitled to immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of their official duties.

Sub-Article XI 6 states that the Secretary General and the Deputy Secretaries General shall be accorded the same exemption from taxes duties and other levies as is accorded to a diplomatic agent.

Sub-Article XI 7 provides that all staff who are not nationals of Fiji shall be accorded exemption from taxes on furniture and effects imported at the time of first taking up post.

Sub-Article XI 8 states that representatives attending meetings of the Committee of the Secretariat shall be accorded immunity from suit and legal process and their official documents shall be inviolable.

Details of the proposed regulations are as follows:

Regulation 1 is a citation clause.

Regulation 2 is an interpretation provision.

Regulation 3 declares that the Act shall apply to the Secretariat.

Regulation 4 provides that the Secretariat has legal capacity and personality.

Regulation 5 specifies the privileges and immunities which the South Pacific Forum Secretariat shall enjoy.

Regulation 6 specifies the privileges and immunities of the Secretary General.

Regulation 7 specifies the privileges and immunities of certain secretariat representatives at conferences.

Regulation 8 specifies privileges and immunities of certain Secretariat officers.

Regulation 9 specifies immunities of other staff members.

Regulation 10 stipulates that the Secretariat or the government of a country may waive a privilege or immunity conferred by the Act or the Regulations.

Regulation 11 stipulates that, subject to immunity from civil or criminal process, the Regulations do not affect the application of a law about quarantine or of importation or exportation to or from Australia or an External Territory.

Regulation 12 repeals the South Pacific Bureau of Economic Cooperation Regulations.


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