Common Fund for Commodities (Privileges and Immunities) Regulations (Cth)

Statutory Rules 1985 No. 201

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Common Fund for Commodities (Privileges and Immunities) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the International Organizations (Privileges and Immunities) Act 1963.

Dated 22 February 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

BILL HAYDEN

Minister of State for Foreign Affairs

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Citation

1. These Regulations may be cited as the Common Fund for Commodities (Privileges and Immunities) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

“Agreement” means the Agreement establishing the Common Fund for Commodities done at Geneva on 27 June 1980;

“Fund” means the Common Fund for Commodities;

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

Act to apply to the Fund

3. The Fund is declared to be an international organization to which the Act applies.

 

Fund to have juridical personality and legal capacities

4. The Fund—

(a) is a body corporate with perpetual succession;

(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 instituting legal proceedings.

Privileges and immunities of the Fund

5. Subject to regulations 6 and 7, the Fund has the privileges and immunities specified in paragraphs 1, 2, 3 and 4, sub-paragraph 6 (a) and paragraphs 7, 8 and 10 of the First Schedule to the Act.

Limitation on immunity from suit, &c.

6. The immunity conferred by regulation 5 on the Fund from suit or other legal process does not extend—

(a) to immunity from suit against the Fund—

(i) by a lender (including an assignee or successor in interest from a lender) of money borrowed by the Fund; or

(ii) by a purchaser or holder (including an assignee or successor in interest from a purchaser or holder) of securities issued by the Fund,

with respect to that money or those securities, as the case may be; or

(b) to immunity from other legal process instituted for the purpose of enforcing a final judgment entered against the Fund in a suit referred to in paragraph (a).

Limitations on exemption from duties, taxes, &c.

7. (1) The Fund is not, by virtue of regulation 5, exempt from such national, regional or municipal dues and taxes in respect of the premises of the Fund, whether owned or leased, as represent payment for specific services rendered.

(2) The privileges and immunities conferred on the Fund by regulation 5 in relation to—

(a) duties specified in sub-paragraph 6 (a) of the First Schedule to the Act; and

(b) taxes specified in paragraph 7 of the First Schedule to the Act,

do not apply to or in relation to goods, being commodity stocks originating in Australia, that are forfeited to the Fund under Article 17 of the Agreement.

(3) The privileges and immunities conferred on the Fund by regulation 5 in relation to—

(a) duties specified in sub-paragraph 6 (a) of the First Schedule to the Act; and

(b) taxes specified in paragraph 7 of the First Schedule to the Act,

cease to apply to or in relation to—

(c) goods imported by the Fund into Australia for its official use; and

(d) goods purchased by the Fund in Australia for its official use,

where those goods are sold or otherwise disposed of in Australia by the Fund otherwise than in accordance with conditions agreed upon in advance between the Fund and the Commonwealth of Australia.

(4) The privileges and immunities conferred on the Fund by regulation 5 in relation to taxes specified in paragraph 8 of the First Schedule to the Act do not extend to taxes other than

(a) taxes that are applicable in relation to obligations or securities, or to interest or dividends on obligations or securities, by reason only that the obligations or securities are issued or guaranteed by the Fund; and

(b) taxes that would not be applicable in relation to obligations or securities, or to interest or dividends on obligations or securities, but for—

(i) the location of an office or other place of business of the Fund; or

(ii) the place at which, or the currency in which, the obligations or securities were issued, made payable or paid.

Privileges and immunities of officers of the Fund

8. (1) Subject to sub-regulation (2), a person who holds an office in the Fund has the privileges and immunities specified in paragraphs 1, 2, 3, 4 and 5 of Part I of the Fourth Schedule to the Act.

(2) A person to whom sub-regulation (1) applies, being an Australian citizen, does not have the privileges and immunities specified in paragraphs 2, 3, 4 and 5 of Part I of the Fourth Schedule to the Act.

Privileges and immunities of other persons connected with the Fund

9. (1) Subject to sub-regulation (2), a person who is serving on the Consultative Committee of the Fund or is performing, whether alone or jointly with other persons, a mission on behalf of the Fund has the privileges and immunities specified in paragraphs 2, 2a, 5 and 6 of Part I of the Fifth Schedule to the Act.

(2) A person to whom sub-regulation (1) applies, being an Australian citizen, does not have the privileges and immunities specified in paragraphs 2a,5 and 6 of Part I of the Fifth Schedule to the Act.

Waiver

10. The Fund may waive any privileges and immunities to which

(a) the Fund;

(b) a person who holds an office in the Fund; or

(c) a person who is serving on the Consultative Committee of the Fund or is performing, whether alone or jointly with other persons, a mission on behalf of the Fund,

is entitled by virtue of the Act or these Regulations.

Privileges and immunities subject to quarantine laws, &c.

11. Nothing in these Regulations affects the application of any law of the Commonwealth, of a State or of a Territory relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, Australia, that State or that Territory, as the case may be, of any animals, plants or goods, but this regulation does not prejudice the immunity from suit or from other legal process conferred by these Regulations.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette