International Organizations (Privileges and Immunities) Regulations (Cth)

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INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS
- Reprinted as at 31 March 1981 (HISTREG CHAP 126 #DATE 31:03:1981)

*1* The International Organizations (Privileges and Immunities) Regulations (in

force under the International Organizations (Privileges and Immunities) Act
1963) as shown in this reprint comprise Statutory Rules 1959 No. 20 as amended
by the other Statutory Rules specified in the following table:
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Date of Application,
saving
Year and notification in Date of or transitional
number Gazette commencement provisions
---------------------------------------------------------------------------- 1959 No. 20 16 Mar 1959 16 Mar 1959
1961 No. 64 11 May 1961 11 May 1961 -
1963 No. 13 25 Feb 1963 25 Feb 1963 -
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INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS - TABLE OF
PROVISIONS

TABLE

TABLE OF PROVISIONS


Regulation

1. Citation

1A. Interpretation

2. United Nations to be a body corporate, &c.

3. Privileges and immunities

4. Evidence

5. Prescribed authorities that have juridical personality and legal
capacity


THE SCHEDULE


International Organizations


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INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS - SECT. 1.
Citation

1. These Regulations may be cited as the International Organizations (Privileges and Immunities) Regulations.*1*


See notes to first article of this Chapter.

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS - SECT.
1A. Interpretation

Inserted by 1963 No. 13
1A. In these Regulations, unless the contrary intention appears, "Australia " includes the Territories of the Commonwealth.

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS - SECT. 2.
United Nations to be a body corporate, &c.

2. (1) The United Nations-

(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.


(2) All courts, judges and persons acting judicially in Australia shall take judicial notice of the seal of the United Nations affixed to a document and shall presume that it was duly affixed.

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS - SECT. 3.
Privileges and immunities

3. (1) The United Nations or a person in relation to whom the Convention applies has, in Australia, the privileges and immunities applicable under the Convention to the United Nations or that person, as the case may be.


(2) Where any Act, other than the International Organizations (Privileges and Immunities) Act 1948,*2* makes provision in relation to privileges and immunities of the United Nations or a person in relation to whom the Convention applies, the last preceding sub-regulation does not confer any privileges or immunities in relation to matters arising under that first-mentioned Act.


*2* R. 3 (2)-The International Organizations (Privileges and Immunities) Act
1948 was repealed by the International Organizations (Privileges and Immunities) Act 1963 (No. 50, 1963).

Section 2 of that Act provides as follows:

"2. (1) The International Organizations (Privileges and Immunities) Act 1948 and the International Organizations (Privileges and Immunities) Act 1960 are
repealed.

"(2) Subject to the next succeeding sub-section, regulations made under the
Acts repealed by the last preceding sub-section and in force immediately before
the commencement of this Act continue in force as if those Acts had not been
repealed but regulations so continued in force may be repealed by regulations
made under this Act.

"(3) Where regulations are made under this Act conferring privileges or
immunities upon an international organization to which this Act applies or upon
a person, any regulations continued in force by the last preceding sub-section
that also confer privileges or immunities upon that organization or person cease to have effect in relation to that organization or person. ".

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS - SECT. 4.
Evidence

4. A certificate under the hand of the Minister certifying that, on a specified date or during a specified period-

(a) a specified country was a Member of the United Nations;

(b) a specified body was a principal or subsidiary organ of the United Nations;

(c) a specified conference was a conference convened by the United Nations; or

(d) a specified person was-

(i) a representative of a Member of the United Nations to an organ of the United Nations or a conference convened by the United Nations;

(ii) included in a category of officials of the United Nations to which the provisions of Articles V and VII of the Convention applied; or

(iii) an expert (other than an official coming within the scope of Article V of the Convention) performing a mission for the United Nations,

is evidence of the matter so certified.

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS - SECT. 5.
Prescribed authorities that have juridical personality and legal capacity

Added by 1961 No. 64
5. Each of the international organizations specified in the Schedule to these Regulations (being organizations of each of which either Australia or the Government of the Commonwealth is a member) has-

(a) juridical personality; and

(b) such legal capacity as is necessary for the exercise of its functions and the fulfilment of its purposes.


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INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS -
SCHEDULE

Added by 1961 No. 64

SCH

THE SCHEDULE
Regulation 5
INTERNATIONAL ORGANIZATIONS

Food and Agriculture Organization of the United Nations
Intergovernmental Maritime Consultative Organization
International Atomic Energy Agency
International Bank for Reconstruction and Development
Intergovernmental Committee for European Migration
International Development Association
International Hydrographic Bureau
International Institute of Refrigeration
International Labour Organisation
International Monetary Fund
International Telecommunication Union
International Tin Council
International Union for the Protection of Industrial Property
International Union for the Protection of Literary and Artistic Works
South East Asia Treaty Organization
South Pacific Commission
United Nations Educational, Scientific and Cultural Organization
Universal Postal Union
World Health Organization
World Meteorological Organization.
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