Consular Privileges and Immunities Act 1972
No. 62, 1972
Compilation No. 13
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 10 November 2016
About this compilation
This compilation
This is a compilation of the Consular Privileges and Immunities Act 1972 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Interpretation
4 Extension to Territories
5 Vienna Convention on Consular Relations to have force of law
6 Provisions relating to exemption from customs duties
7 Exemption from excise duty
9 Regulations may grant consular privileges and immunities in certain cases
10 Privileges and immunities of certain consular employees of consular post
10AA Additional privileges or immunities granted by agreement, arrangement or understanding
10A Indirect tax concession scheme
11 Withdrawal of privileges and immunities
12 Certificates by Minister
12A Delegation
13 Regulations
Schedule
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to Consular Privileges and Immunities, and for other purposes
1 Short title
This Act may be cited as the Consular Privileges and Immunities Act 1972.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
acquisition has the meaning given by section 195‑1 of the GST Act.
approved form has the meaning given by section 995‑1 of the Income Tax Assessment Act 1997.
Overview
The Consular Privileges and Immunities Act 1972 was enacted to provide for the privileges and immunities of consular officers and their families, as well as those of consular posts, in accordance with the Vienna Convention on Consular Relations 1963. The Act was passed by the Australian Parliament to ensure that consular officers and their families, as well as consular posts, are treated fairly and are afforded the necessary protections while carrying out their duties in Australia. The Act establishes the legal framework for the operation of consular posts in Australia and ensures that the Vienna Convention on Consular Relations is given effect in Australian law.
Scope and Application
The Consular Privileges and Immunities Act 1972 applies to consular posts and consular officers of countries that are parties to the Vienna Convention on Consular Relations, 1963. The Act provides for the privileges and immunities of consular posts and consular officers, including immunity from jurisdiction, inviolability of consular premises and archives, exemption from customs duties and taxes, and exemption from certain forms of taxation. The Act applies to external Territories of Australia. Certain exclusions and conditions apply, such as the Act not affecting quarantine laws or laws prohibiting or restricting the importation or exportation of certain goods. The Act extends or restricts application through subordinate instruments, such as regulations and legislative instruments.
Key Provisions
- The Consular Privileges and Immunities Act 1972 (Cth) ("Act") provides for the privileges and immunities of consular officers, employees, and their families. Section 5 of the Act provides that certain provisions of the Vienna Convention on Consular Relations, 1963 ("Convention") have the force of law in Australia. These provisions include those relating to the establishment of consular relations, the functions of consular posts, and the privileges and immunities of consular officers and their families. Section 6 of the Act provides for the exemption from customs duties and taxes on articles imported for the official use of a consular post or person referred to in the Convention. Section 7 of the Act provides for the exemption from excise duty on goods intended for the official use of a consular post in Australia of an overseas country. Section 9 of the Act allows the Governor-General to make regulations granting consular privileges and immunities in certain cases. Section 10 of the Act provides for the immunity from jurisdiction in respect of official acts performed in the exercise of their functions for consular employees of a consular post of an overseas country who are Australian citizens or are ordinarily resident in Australia or in an external Territory. Section 10AA of the Act provides for the granting of additional privileges or immunities to consular officers of Australia in a reciprocating country, if Australia enters into an agreement, arrangement or understanding with that country.
- The Act imposes several obligations on parties and entities it governs. Firstly, the Act requires the Minister to provide certificates certifying any fact relevant to the question whether a person is, or was at any time or in respect of any period, entitled to any privileges or immunities by virtue of the Act or of the regulations (section 12). Secondly, the Act requires the Minister to give a certificate in writing certifying any fact relevant to the question whether a person is, or was at any time or in respect of any period, entitled to any privileges or immunities by virtue of the Act or of the regulations (section 12). Thirdly, the Act requires the Customs Minister to delegate to a person all or any of the Customs Minister's powers under this Act, other than this power of delegation (section 12A). Fourthly, the Act allows the Governor-General to 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 carrying out or giving effect to this Act (section 13).
- The Act provides for offences, penalties, or civil/criminal consequences for breach. Section 11 of the Act provides that where the Minister is satisfied that the privileges and immunities granted in relation to a consular post of Australia in an overseas country, or to persons connected with that consular post, are less than the privileges and immunities granted by this Act in relation to a consular post of that country, or to persons connected with such a post, the Minister may, by instrument in writing, withdraw, in relation to that post or persons connected with that post, all or any of the privileges and immunities granted by this Act. The Minister shall cause any such instrument to be published in the Gazette. The maximum penalty for breach of the Act is not stated.
- Area of Law
- International Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Regulatory Standards
- Reporting & Disclosure Obligations
- Licensing & Registration
- Prohibited Conduct
- Civil Penalty Provisions
