Commonwealth Numbered Regulations - Explanatory Statements

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WORLD TRADE ORGANIZATION (PRIVILEGES AND IMMUNITIES) REGULATIONS 1996 NO.24

Statutory Rules 1996 No. 24

Issued by the Authority of the Minister for Foreign Affairs

International Organizations (Privileges and Immunities) Act 1963

World Trade Organization (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 this 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 this Act.

The World Trade Organization (WTO) was established by an agreement concluded at Marrakesh on 15 April 1994.

It is necessary to make regulations under the Act which will declare the WTO to be an "international organization" to which the Act applies, and to confer upon the WTO and persons associated with it, privileges and immunities pursuant to sections 6 and 7 of the Act.

The proposed Regulations grant the WTO 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 the WTO including immunity from suit, exemption from currency and exchange restrictions, exemption from customs and excise duties on goods imported or exported for official use. They also provide that the official premises, property, documents and archives of the WTO be inviolable. However, the WTO is not exempt from any taxes on securities issued or guaranteed by it, or on dividends or interest on such securities. The WTO is also required to pay any costs or taxes associated with premises owned, leased or occupied by it.

The Regulations provide privileges and immunities to the Director-General of the WTO, which are similar to those accorded to diplomatic agents in Australia under the Diplomatic Privileges and Immunities Act 1967, which gives effect to the Vienna Convention on Diplomatic Relations. Former Directors-General are to be accorded immunity from suit and from other legal process in respect of official acts. The Regulations also provide office holders, officers and employees of the WTO with similar privileges and immunities to those accorded to consular missions and officers in Australia under the Consular Privileges and Immunities Act 1972, which gives effect to the Vienna Convention on Consular Relations.

The Regulations provide that such persons be exempt from civil and administrative jurisdiction of Australian courts in respect of official acts. They also provide that such persons be exempt from certain forms of taxation (not including income tax, or sales tax) and be exempt from customs and excise duties on goods on goods imported or exported for official and personal use. However, the privileges and immunities would not extend to Australian citizens or permanent residents employed by the WTO.

The proposed Regulations will commence on Gazettal.