Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations (Cth)

Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations

Statutory Rules 1990 No. 228 as amended

made under the

International Organizations (Privileges and Immunities) Act 1963

This compilation was prepared on 1 May 2003

taking into account amendments up to SR 2003 No. 45

[Note: These Regulations were repealed by SR 2003 No. 45]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

      1Citation [see Note 1]

 These Regulations may be cited as the Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations.

2Commencement [see Note 1]

 These Regulations commence when the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 commences.

3Interpretation

 In these Regulations, unless the contrary intention appears:

Joint Authority means the Joint Authority referred to in the Treaty.

the Act means the International Organizations (Privileges and Immunities) Act 1963.

the Treaty has the same meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990.

4Joint Authority to have juridical personality and legal capacities

 The Joint Authority:

• (a)

  is a body corporate;

• (b)

  has the capacity to contract; and

• (c)

  is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued.

5Privileges and immunities of the Joint Authority

• (1)

  The Joint Authority has the privileges and immunities specified in paragraph 7 of the First Schedule to the Act in relation to:

  • (a)

    income tax within the meaning of the Income Tax Assessment Act 1936; and

  • (b)

    fringe benefits tax imposed by the Fringe Benefits Tax Act 1986 as assessed under the Fringe Benefits Tax Assessment Act 1986.

6Privileges of officers of the Joint Authority

• (1)

  Subject to subregulation (2), a person who holds an office in the Joint Authority and is not a resident of Australia within the meaning of Article 1 of the Treaty has the privileges and immunities specified in paragraphs 2 and 7 of Part I of the Fourth Schedule to the Act.

• (2)

  In relation to the importation of furniture and effects, the privileges and immunities specified in paragraph 7 of Part I of the Fourth Schedule to the Act apply for a period of six months, or such further time as in exceptional circumstances is allowed by the Minister, from a person’s first entry into Australia for the purpose of taking up a post with the Joint Authority.

Notes to the Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations

Note 1

The Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations (in force under the International Organizations (Privileges and Immunities) Act 1963) as shown in this compilation comprise Statutory Rules 1990 No. 228 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1990 No. 228	12 July 1990	18 Feb 1991 (see r. 2 and Gazette 1991, No. S47)
1991 No. 444	19 Dec 1991	19 Dec 1991	—
2003 No. 45	7 Apr 2003	2 Apr 2003	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 4.........................................	am. 1991 No. 444