International Bauxite Association (Privileges and Immunities) Regulations (Cth)

Statutory Rules

1976 No. 251

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

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 this twenty-second day of November, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

ANDREW PEACOCK

Minister of State for Foreign Affairs.

_________

INTERNATIONAL BAUXITE ASSOCIATION (PRIVILEGES AND IMMUNITIES) REGULATIONS

Citation.

1. These Regulations may be cited as the International Bauxite Association (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;

“ Association ” means the International Bauxite Association.

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

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

Association to have juridical personality and legal capacities.

4. The Association—

(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 Association.

5. (1) Subject to sub-regulations (2) and (3), the Association has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 6, 7, 9, 10, 11 and 12 of the First Schedule to the Act.

* Notified in the Australian Government Gazette on 26 November 1976.

 

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

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

Privileges and immunities of the Secretary-General of the Association.

6. (1) The office of Secretary-General of the Association is a high office in the Association for the purposes of sub-paragraph 6 (1) (b) (i) of the Act.

(2) A person who holds, or is performing the duties of, the office of Secretary-General of the Association has the privileges and immunities specified in Part I of the Second Schedule to the Act.

(3) A person who has ceased to hold, or perform the duties of, the office of Secretary-General of the Association has the immunities specified in Part II of the Second Schedule to the Act.

Privileges and immunities of representatives to the Association.

7.(1) A person who is accredited to, or in attendance at an international conference convened by, the Association 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 ceased to be accredited to, or who has attended an international conference convened by, the Association 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 of the Association other than the Secretary-General.

8. (1) Subject to sub-regulation (2), a person who holds an office in the Association, other than a person who holds, or is performing the duties of, the office of Secretary-General of the Association, has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5 and 6 of Part I of the Fourth Schedule to the Act.

(2) The salary and emoluments received from the Association by a person to whom sub-regulation (1) applies, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936, 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 Association held by him.

(3) A person who has ceased to hold an office in the Association, other than the office of Secretary-General of the Association, has the immunities specified in Part II of the Fourth Schedule to the Act.

Privileges and immunities of other persons connected with the Association.

9. (1) A person who is serving on a committee, or is participating in the work, of the Association or is performing, whether alone or jointly with other persons, a mission on behalf of the Association has the privileges and immunities specified in paragraphs 1, 2, 3 and 5 of Part I of the Fifth Schedule to the Act.

(2) The privileges and immunities specified in paragraph 3 of Part I of the Fifth Schedule to the Act extend, in relation to a person, to—

(a) papers and documents that relate to the work of the Committee of the Association on which he is serving;

(b) the work of the Association in which he is participating; or

(c) the mission that he is performing on behalf of the Association,

as the case may be, but not to any other papers and documents.

 

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

Waiver of privileges and immunities.

10. (1) The Association may waive any privileges and immunities to which—

(a) the Association;

(b) a person who holds, or has ceased to hold, or is performing or has ceased to perform the duties of, the office of Secretary-General of the Association;

(c) a person who holds or has ceased to hold any other office in the Association; or

(d) a person who is serving or has served on a Committee, or is participating or has participated in the work, of the Association or is performing or has performed, whether alone or jointly with other persons, a mission on behalf of the Association,

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, or has ceased to be, accredited to, or is in attendance at, or has attended, an international conference convened by, the Association as a representative of that country is entitled by virtue of the Act or these Regulations.

Privileges and immunities subject to quarantine laws, &c.

11.