Diplomatic Privileges and Immunities Regulations 1989 (Cth)

Diplomatic Privileges and Immunities Regulations 1989

Statutory Rules 1989 No. 287 as amended

made under the

Diplomatic Privileges and Immunities Act 1967

This compilation was prepared on 22 July 2004

taking into account amendments up to SR 2004 No. 220

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Diplomatic Privileges and Immunities Regulations 1989.

2Interpretation

 In these Regulations, unless the contrary intention appears:

certificate means certificate referred to in subregulation 5A (1).

Commission of the European Communities means the Commission established by the treaty known as the Treaty Establishing a Single Council and a Single Commission of the European Communities signed at Brussels on 8 April 1965.

European Atomic Energy Community means the Community established by the treaty known as the Treaty Establishing the European Atomic Energy Community signed at Rome on 25 March 1957.

European Coal and Steel Community means the Community established by the treaty known as the Treaty Establishing the European Coal and Steel Community signed at Paris on 18 April 1951.

European Communities means the international organization constituted by the European Atomic Energy Community, the European Coal and Steel Community and the European Economic Community.

European Economic Community means the Community established by the treaty known as the Treaty Establishing the European Economic Community signed at Rome on 25 March 1957.

prescribed land or premises means land or premises belonging to the Commonwealth or a State or Territory to which the public has access.

prescribed object means an object or a structure that is on prescribed land or premises within 100 metres of the premises of a mission or of the residence of the head, or another diplomatic agent, of a mission.

the Act means the Diplomatic Privileges and Immunities Act 1967.

3European Communities

• (1)

  The European Communities is prescribed for the purposes of the definition of prescribed overseas country in subsection 4 (1) of the Act.

• (2)

  The European Communities is declared to be an international organization for the purposes of section 5A of the Act.

4United States of America

 The United States of America is prescribed for the purposes of the definition of prescribed overseas country in subsection 4 (1) of the Act.

5Commission of the European Communities

 The Commission of the European Communities, being an organ of the European Communities, is specified in relation to the European Communities for the purposes of paragraph 5A (2) (b) of the Act.

5AMinister may issue certificates in certain circumstances

• (1)

  Where the presence of a prescribed object on prescribed land or premises impairs, or (if it were to take place or continue) would impair the dignity of a mission or the residence of the head, or another diplomatic agent, of a mission, and the removal of the object would be an appropriate step to prevent the impairment, or the continuation of the impairment, the Minister may certify to that effect.

• (2)

  A certificate must be in the form set out in the Schedule.

• (3)

  A certificate takes effect when the certificate is signed, unless a later time or day is specified in the certificate.

• (4)

  A certificate has effect for a period of 30 days from the day when the certificate was signed.

• (5)

  Subregulation (4) does not prevent the signing of further certificates in respect of matters stated in a certificate.

• (6)

  The Minister is to cause a copy of a certificate to be laid before each House of the Parliament within 15 sitting days of that House after the day when the certificate is signed.

5BRemoval of prescribed objects from prescribed land or premises

• (1)

  In this regulation:

  prescribed officer means:

  • (a)

    a member, special member, protective service officer or special protective service officer of the Australian Federal Police; or

  • (b)

    a member of the police force of a State or Territory.

• (2)

  A prescribed officer, with such assistance as the officer reasonably believes is necessary and with such force as is necessary and reasonable, may remove a prescribed object described in a certificate from prescribed land or premises described in the certificate.

• (3)

  A prescribed officer must not remove a prescribed object from the prescribed land or premises before giving a reasonable opportunity to a person:

  • (a)

    who is apparently in control of the object; or

  • (b)

    who placed the object on the land or premises; or

  • (c)

    who is apparently a representative of a person referred to in paragraph (a) or (b);

  to remove the object from the land or premises.

• (4)

  Where a prescribed officer removes a prescribed object from the prescribed land or premises, the officer may:

  • (a)

    give the object to a person who was apparently in control of the object, or is a person referred to in paragraph (3) (b) or (c); or

  • (b)

    leave the object on other land or premises; or

  • (c)

    retain the object for up to 7 days.

• (4A)

  Before leaving a prescribed object on land or premises referred to in paragraph (4) (b), a prescribed officer must give any of the persons referred to in paragraph (3) (a), (b) or (c) at least 24 hours’ notice of the location of the land or premises.

• (5)

  Where an object is retained under paragraph (4) (c) and has not been returned to a person referred to in paragraph 3 (a), (b) or (c), at the end of the 7 days, the prescribed officer must take reasonable steps to return the prescribed object to a person referred to in paragraph (3) (a), (b) or (c) or (if that person is not entitled to possess it) the owner, unless:

  • (a)

    proceedings in respect of which the object may afford evidence (including an appeal to a court in relation to those proceedings) were begun before the end of the 7 days and have not been completed; or

  • (b)

    the officer is otherwise authorised by a law, or an order of a court, of the Commonwealth or of a State or Territory to retain, destroy or dispose of the object.

6Application

• (1)

  Subregulation 3 (1) applies, and shall be deemed to have applied, in relation to purchases made during the period that commenced on 1 January 1988 and ended at the expiration of 31 October 1988.

• (2)

  Regulation 4 applies, and shall be deemed to have applied, in relation to purchases made on or after 1 July 1987.

7Repeal

 Statutory Rules 1967 No. 71 and 1980 No. 308 are repealed.

ScheduleCertificate

(subregulation 5A (2))

  

Commonwealth of Australia

Diplomatic Privileges and Immunities Regulations

CERTIFICATE

I, (insert the full name of the Minister), Minister of State for Foreign Affairs and Trade, certify that the presence of the following prescribed objects:

(insert a description of the prescribed objects)

on prescribed land or premises, being (insert a description of the land or premises), impairs or (if it were to take place or continue) would impair, the dignity of the mission or of the residence of the head, or another diplomatic agent, of the mission and that its removal would be an appropriate step to prevent the impairment or the continuation of the impairment (here insert a description of the mission or residence).

This certificate was signed (insert time and date of signature) and has effect

*

from that time and date

*

from (insert time and date from which certificate is to have effect).

(signature of Minister)

Minister of State for Foreign Affairs and Trade

* Omit if inapplicable.

Notes to the Diplomatic Privileges and Immunities Regulations 1989

Note 1

The Diplomatic Privileges and Immunities Regulations 1989 (in force under the Diplomatic Privileges and Immunities Act 1967) as shown in this compilation comprise Statutory Rules 1989 No. 287 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
1989 No. 287	31 Oct 1989	31 Oct 1989
1992 No. 7	16 Jan 1992	16 Jan 1992	—
1992 No. 41	11 Feb 1992	11 Feb 1992	—
1992 No. 118	28 Apr 1992	28 Apr 1992	—
2004 No. 220	22 July 2004	1 July 2004	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 2004 No. 220
R. 2.........................................	am. 1992 Nos. 7 and 41
R. 5A.......................................	ad. 1992 No. 7
am. 1992 Nos. 41 and 118
R. 5B.......................................	ad. 1992 No. 7
am. 1992 Nos. 41 and 118; 2004 No. 220
Schedule................................	ad. 1992 No. 7
am. 1992 No. 41
rs. 1992 No. 118