Cultural and Social Centre for the Asian and Pacific Region (Privileges and Immunities) Regulations (Cth)

STATUTORY RULES

1969 No. 104

————

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 twenty-fourth day of July, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for External Affairs.

————

CULTURAL AND SOCIAL CENTRE FOR THE ASIAN AND PACIFIC REGION (PRIVILEGES AND IMMUNITIES) REGULATIONS

Citation.

1. These Regulations may be cited as the Cultural and Social Centre for the Asian and Pacific Region (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 Centre” means the Cultural and Social Centre for the Asian and Pacific Region established by an Agreement between the members of the Asian and Pacific Council dated the first day of August, One thousand nine hundred and sixty-eight.

International Organizations (Privileges and Immunities) Act to apply to the Centre.

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

Centre to have juridical personality and legal capacities.

4. The Centre—

(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 Centre.

5.—(1.) Subject to the next two succeeding sub-regulations, the Centre has the privileges and immunities specified in paragraphs 1, 2, 4, 5, 6, 7, 9, 10 and 11 of the First Schedule to the Act.

(2.) The Centre is not, by virtue of the last preceding sub-regulation, exempt from such national, regional or municipal dues and taxes in respect of the premises of the Centre, whether owned or leased, as represent payment for specific services rendered.

 

* Notified in the Commonwealth Gazette on   1969.

18855/69—Price 5c   15/14.7.1969

 

(3.) Where goods (not being publications of the Centre) are imported, manufactured or purchased by the Centre for sale by it, sub-regulation (1.) of this regulation does not operate to prevent sales tax being payable by the Centre or by any other person upon the sale value of the goods.

Privileges and immunities or members of the Board and Secretariat.

6.—(1.) Subject to the next succeeding sub-regulation, a person who holds an office in the Centre has the privileges and immunities specified in paragraphs 1, 2, 3, 5 and 6 of Part I. of the Fourth Schedule to the Act.

(2.) The salary and emoluments received from the Centre by a person to whom the last preceding sub-regulation applies, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936-1969, are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person is not an Australian citizen and came to Australia solely for the purpose of performing duties of the office in the Centre held by him.

(3.) A person who has ceased to hold an office in the Centre has the immunities specified in Part II. of the Fourth Schedule to the Act.

Privileges and immunities of other persons connected with the Centre.

7.—(1.) A person who is serving on a committee, or is participating in the work, of the Centre or is performing, whether alone or jointly with other persons, a mission on behalf of the Centre has the privileges and immunities specified in paragraphs 2 and 5 of Part I. of the Fifth Schedule to the Act.

(2.) A person who has served on such a committee or participated in any such work or performed such a mission has the immunities specified in Part II. of the Fifth Schedule to the Act.

Waiver of privileges and immunities.

8. The Centre may waive any privileges or immunities to which—

(a) the Centre;

(b) a person who holds or has ceased to hold any office in the Centre; or

(c) a person who is serving on a committee, or participating in the work, of the Centre or is performing or has performed, whether alone or jointly with other persons, a mission on behalf of the Centre,

is entitled by virtue of the Act or these Regulations.

Privileges and immunities subject to quarantine laws of the Commonwealth.

9. Nothing in these Regulations affects the application of any law of the Commonwealth or of 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 or goods, but this regulation does not prejudice the immunity from suit or from civil or criminal process conferred by these Regulations.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra