Commonwealth Secretariat (Privileges and Immunities) Regulations (Cth)

STATUTORY RULES

1971 No.

 

REGULATIONS UNDER THE INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1963-1966.*

I, THE GOVERNOR-GENERAL in and over 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 1963-1966.

Dated this eighteenth day of January, 1971.

Paul Hasluck

Governor-General;

By His Excellency’s Command,

Sgd. R. W. C Swartz

Minister of State for National Development for and on behalf of the Minister of State for Foreign Affairs.

 

Commonwealth Secretariat (Privileges and Immunities) Regulations

Citation.

1. These Regulations may be cited as the Commonwealth Secretariat (Privileges and Immunities) Regulations.

Definitions.

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

“the Act” means the International Organizations (Privileges and Immunities) Act 1963-1966;

“the Commonwealth Secretariat” means the organ of the Commonwealth of Nations established, under the name “Commonwealth Secretariat”, at a meeting of the Commonwealth Prime Ministers held in the year 1965.

International Organizations (Privileges and Immunities) Act to apply to the Commonwealth of Nations.

3. The Commonwealth of Nations is declared to be an international organization to which the Act applies.

Commonwealth Secretariat to have juridical personally and legal capacities.

4. The Commonwealth Secretariat—

(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 Commonwealth Secretariat.

5. The Commonwealth Secretariat has the privileges and immunities specified in paragraphs 2, 4, 6, 10, 11 and 12 of the First Schedule to the Act.

 

* Notified in the Commonwealth Gazette on 1971.

26588/70—Price 8c 5/4.1.1971

 

Privileges and immunities of high officers of the Commonwealth Secretariat.

6.—(1.) The offices of—

(a) Secretary-General of the Commonwealth Secretariat;

(b) Assistant Secretary-General of the Commonwealth Secretariat;

(c) Director of the Information Division of the Commonwealth Secretariat; and

(d) Director of the Education Division of the Commonwealth Secretariat,

are each a high office in the Commonwealth Secretariat for the purposes of sub-paragraph (i) of paragraph (b)of sub-section (1.) of section 6 of the Act.

(2.) A person who holds an office specified in the last preceding sub-regulation, or is performing the duties of such an office, has the privileges and immunities specified in Part I. of the Second Schedule to the Act.

(3.) A person who has ceased to hold an office specified in sub-regulation (1.) of this regulation, or to perform the duties of such an office, has the immunities specified in Part II. of the Second Schedule to the Act.

Privileges and immunities of representatives to a conference convened by the Commonwealth Secretariat.

7.—(1.) A person who is in attendance at an international conference convened by the Commonwealth Secretariat as a representative of a country other than Australia has, while exercising his functions as such a representative, the privileges and immunities specified in Part I. of the Third Schedule to the Act.

(2.) A person who has attended an international conference convened by the Commonwealth Secretariat as a representative of a country other than Australia has the immunities specified in Part II. of the Third Schedule to the Act.

Privileges and immunities of officers, other than high officers, of the Commonwealth Secretariat.

8.—(1.) A person who holds an office in the Commonwealth Secretariat, other than a person who holds, or is performing the duties of, an office specified in sub-regulation (1.) of regulation 6 of these Regulations, has the privileges and immunities specified in paragraphs 1, 3, 5 and 6 of Part I, of the Fourth Schedule to the Act.

(2.) A person who has ceased to hold an office in the Commonwealth Secretariat, other than an office specified in sub-regulation (1.) of regulation 6 of these Regulations, has the immunities specified in Part II. of the Fourth Schedule to the Act.

Waiver of privileges and immunities.

9.—(1.) The Commonwealth Secretariat may waive any privileges or immunities to which—

(a) the Commonwealth Secretariat;

(b) a person who holds or has ceased to hold, or is performing the duties or has ceased to perform the duties of, an office specified in sub-regulation (1.) of regulation 6 of these Regulations; or

(c) a person who holds or has ceased to hold any other office in the Commonwealth Secretariat,

is entitled by virtue of the Act or these Regulations.

(2.) The government of a country may waive any privileges or immunities to which a person who is in attendance at, or has attended, a conference convened by the Commonwealth Secretariat as a representative of that country is entitled by virtue of the Act or these Regulations.

Privileges and immunities subject to quarantine laws, &c.

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

Application of these Regulations.

11. These Regulations relate only to the Fifth Commonwealth Education Conference that is being convened by the Commonwealth Secretariat and is to be held in Canberra from and including the third day of February, 1971, to and including the seventeenth day of February, 1971.

Printed by Authority by the Government Printer of the Commonwealth of Australia