Statutory Rules 1996
No. 197 1
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International Institute for
Democracy and Electoral Assistance (Privileges and Immunities) Regulations
I, The Governor-General of the Commonwealth of Australia, acting
with the advice of the Federal Executive Council, make the following
Regulations under the International Organizations (Privileges and
Immunities) Act 1963.
Dated
28 August 1996.
WILLIAM
DEANE
Governor-General
By His Excellency’s Command,
ALEXANDER
DOWNER
Minister for Foreign Affairs
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Citation
1. These Regulations may be cited as the
International Institute for Democracy and Electoral Assistance (Privileges and
Immunities) Regulations.
[NOTE: These Regulations commence on gazettal: see Acts
Interpretation Act 1901, s. 48.]
Interpretation
2.(1) In
these Regulations, unless the contrary intention appears:
“Agreement”
means the Agreement establishing the International Institute for Democracy and
Electoral Assistance done at Stockholm on 27 February 1995;
“expert”
means a person performing short term or temporary missions for or on behalf of
the Institute;
“Institute”
means the International Institute for Democracy and Electoral Assistance
established under Article I of the Agreement;
“Secretary-General”
means a person who holds, or is performing the duties of, the office of
Secretary-General of the Institute;
“serious
offence” means an offence under any law of the Commonwealth or a State or a
Territory for which, if the act or omission had taken place in the Jervis Bay
Territory, a person would be liable, on first conviction, to imprisonment for a
period of not less than 5 years;
“the
Act” means the International Organizations (Privileges and Immunities)
Act 1963.
Act to apply to the Institute
3.The Institute is declared to be an
international organisation to which the Act applies.
Institute has legal personality and capacity
4. The Institute:
(a)is a body corporate with perpetual
succession; and
Privileges and immunities of the Institute
5. (1) Subject
to subregulation (2), the Institute has the privileges and immunities specified
in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 11 and 12 of the First Schedule to
the Act.
(2) The immunity from suit and from other legal
process conferred on the Institute by subregulation (1) does not extend to
immunity from a suit or other legal process for the recovery of damages for any
damage, injury or death resulting from a motor vehicle accident or offence in
which a motor vehicle owned by, or operated on behalf of, the Institute was
involved.
Privileges and immunities of Secretary-General
6.(1) The
office of Secretary-General is a high office in the Institute for the purposes
of subparagraph 6 (1) (b) (i) of the Act.
(2) Subject to subregulations (4) and (5), a
person who holds, or is performing the duties of, the office of
Secretary-General has the privileges and immunities specified in Part I of the
Second Schedule to the Act.
(3) Subject to subregulation (5), a person who
has ceased to hold, or perform the duties of, the office of Secretary-General
has the immunities specified in Part II of the Second Schedule to the Act.
(4) The privileges and immunities conferred on a
person under subregulation (2) do not apply to a child of the person if the
child:
(5) Subject to subregulation (6), the privileges and immunities
conferred on a person by subregulation (2), or the immunities conferred on a
person by subregulation (3), do not extend to a person who is an Australian
citizen or a permanent resident of Australia.
(6) Subregulation (5) does not affect immunity
from a suit or other legal process in relation to actions of a person
undertaken in performing the duties of the office of Secretary-General.
Privileges and immunities of representatives attending meetings
convened by the Institute
7.(1) Subject
to subregulations (3), (4) and (5), a person who is accredited to, or attends,
a meeting in Australia convened by the Institute as a representative of a
country other than Australia, has the privileges and immunities specified in
items 1, 2, 3, 5, 6 and 7 of Part I of the Third Schedule to the Act.
(2) Subject to subregulations (4) and (5), a
person who has ceased to be accredited to, or who has attended, a meeting
convened by the Institute in Australia as a representative of a country other
than Australia, has the immunities specified in Part II of the Third Schedule
to the Act.
(3) The immunities conferred on a person by
subregulation (1) do not extend to immunity from personal arrest and
detention if the person is found committing or attempting to commit, or has
just committed, a serious offence.
(4) The immunities conferred on a person by
subregulation (1) or (2) do not extend to immunity from a suit or other
legal process for the recovery of damages for any damage, injury or death
resulting from an accident in which a motor vehicle owned or driven by the
person was involved.
(5) The immunities conferred on a person by
subregulation (1) or (2) do not apply to a person who is an Australian
citizen or a person permanently resident in Australia.
Privileges and immunities of officers of the Institute
8.(1) Subject
to subregulations (2), (6) and (7), a person who holds an office in the
Institute (other than the office of Secretary-General) has the privileges and
immunities specified in paragraphs 1, 2 and 3 of Part I of the Fourth Schedule
to the Act.
(2) The salary and emoluments received from the
Institute for services performed in Australia for the Institute by a person:
- (a)
to whom subregulation (1) applies; and
- (b)
who is a resident of Australia, within the
meaning of the Income Tax Assessment Act 1936;
are exempt from taxation only if:
(3) A person to whom subregulation (1) applies
and who is not:
has, in addition to the privileges and immunities referred to in
subregulation (1), the privileges and immunities specified in paragraphs
4, 5, and 6 of Part I of the Fourth Schedule to the Act.
(4) A person to whom subregulation (1) applies
and who is:
has, if the name of that person is included in a list that has
been:
the privilege specified in paragraph 4 of Part I of the Fourth
Schedule to the Act.
(5) Subject to subregulation (6), a person who
has ceased to hold an office in the Institute has the immunities specified in
Part II of the Fourth Schedule to the Act.
(6) The immunities conferred on a person by
subregulation (1) or (5) do not extend to immunity from a suit or other
legal process:
- (a)
for the recovery of damages for any damage,
injury or death resulting from an accident in which a motor vehicle owned or
driven by the person was involved; or
- (b)
with respect to the commission of an offence
under a provision of a law of the Commonwealth, of a State or of a Territory,
with respect to motor traffic, motor vehicles or the use of a motor vehicle.
(7) The privilege specified in paragraph 3 of
Part I of the Fourth Schedule to the Act and conferred under subregulation (1)
does not apply to a child of the person if the child:
Privileges and immunities of experts working with the Institute
9.(1) An
expert, not being a person to whom subregulation 7 (1) or 8 (1)
applies, has the privileges and immunities specified in paragraphs 2, 2A, 3 and
5 of Part I of the Fifth Schedule to the Act.
(2) Subject to subregulation (3), an expert who
has served on a committee, or participated in the work, of the Institute or
performed a mission on behalf of the Institute has the immunities specified in
Part II of the Fifth Schedule to the Act.
(3) The immunities conferred on an expert by
subregulation (1) or (2) do not extend to immunity from a suit or other
legal process:
- (a)
for the recovery of damages for any damage,
injury or death resulting from an accident in which a motor vehicle owned or
driven by the person was involved; or
- (b)
with respect to the commission of an offence
under a provision of a law of the Commonwealth, of a State or of a Territory,
relating to motor traffic, motor vehicles or the use of a motor vehicle.
Waiver of privileges and immunities
10.(1) The
Institute may waive any privilege or immunity conferred by the Act or these
Regulations on:
(2) The Secretary-General may waive any
privileges or immunities to which a person is entitled under regulations 8 or
9.
(3) The government of a country may waive any
privileges or immunities to which:
- (a)
a person who is, or has been, accredited to
or attending an international conference convened by the Institute as a
representative of that country; or
- (b)
a person who is, or has been during any
period, a member of the official staff of a person referred to in paragraph
(a);
is entitled under the Act or these Regulations.
(4) The principal executive official of:
may waive any privileges and immunities to which:
- (c)
a person who is, or has been, accredited to
or attending an international conference convened by the Institute as a
representative of that organisation; or
- (d)
a person who is, or has been during any
period, a member of the official staff of a person referred to in paragraph
(a);
is entitled under the Act or these Regulations.
Privileges and immunities subject to
quarantine laws etc.
11.(1) Subject
to subregulation (2), nothing in these Regulations affects the application of
any law of the Commonwealth, a State or a Territory relating to:
- (a)
quarantine; or
- (b)
the prohibition or restriction of imports
into, or exports from, Australia or an External Territory of any animals,
plants or goods; or
- (c)
public order.
(2) Subregulation (1) does not prejudice the
immunity from suit or from other legal processes conferred by these
Regulations.
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NOTE
1. Notified in the Commonwealth
of Australia Gazette