Commonwealth Numbered Regulations - Explanatory Statements

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SOUTH PACIFIC REGIONAL ENVIRONMENTAL PROGRAMME (PRIVILEGES AND IMMUNITIES)REGULATIONS 1996 NO. 144

Statutory Rules 1996 No. 144

Issued by the Authority of the Minister for Foreign Affairs

International Organizations (Privileges and Immunities) Act 1963

South Pacific Regional Environmental Programme (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 South Pacific Regional Environmental Programme ("SPREP") was formerly an organ of the South Pacific Commission, but was established as in international organisation in its own right by an agreement concluded at Apia (Western Samoa) on 16 June 1993 and signed for Australia at Suva on 21 September 1993, The agreement entered into force on 31 August 1995.

In order for Australia to comply with its obligations under the agreement, the Regulations under the Act declare SPREP to be an international organisation to which the Act applies, and confer upon SPREP, and persons associated with it, privileges and immunities pursuant to section 6 of the Act.

The Regulations mirror the equivalent provisions of the South Pacific Commission (Privileges and Immunities) Regulations, being the provisions formerly applicable to SPREP. They confer upon SPREP 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 SPREP including immunity from suit, exemption from currency and exchange restrictions, exemption from customs and excise duties on goods imported or exported for official use. SPREP is not made exempt, however, from any taxes on securities issued or guaranteed by it, or on dividends or interest on such securities. SPREP 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 Director of SPREP, which are similar to those accorded to diplomatic agents in Australia under the Diplomatic Privileges and Immunities Act 1967. Former Directors 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 SPREP.

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

Details of the Regulations are as follows:

Regulation 1 is a citation clause.

Regulation 2 provides for the Regulations to be deemed to have commenced on 31 August 1995, other than those provisions relating to immunity from suit, which commence on gazettal.

Regulation 3 is an interpretation provision.

Regulation 4 declares SPREP to be an international organisation to which the Act applies.

Regulation 5 gives SPREP juridical personality and legal capacities.

Regulation 6 gives SPREP certain privileges and immunities listed in the Act and provides that SPREP is not exempt from taxes being payment for services rendered in respect of its premises.

Regulation 7 gives the Director the like privileges and immunities as are accorded to a diplomatic agent.

Regulation 8 gives representatives of other countries attending conferences convened by. SPREP certain privileges and immunities listed in the Act.

Regulation 9 gives officers of SPREP 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 residents of Australia.

Regulation 10 gives other staff members of SPREP who are not Australian citizens or residents certain privileges and immunities listed in the Act.

Regulation 11 allows the privileges and immunities given by other regulations to be waived by SPREP or certain foreign governments.

Regulation 12 provides that the privileges and immunities given by other regulations is subject to Australian quarantine, import and export laws.

The Regulations commence on Gazettal.