Privileges and Immunities Legislation Amendment Determination 2012 (No. 1) (Cth)

Case

Privileges and Immunities Legislation Amendment Determination 2012 (No. 1)1

Diplomatic Privileges and Immunities Act 1967 and Consular Privileges and Immunities Act 1972

I, Bob Carr, Minister for Foreign Affairs, make the following determination under section 10B of the Diplomatic Privileges and Immunities Act 1967 and section 10A of the Consular Privileges and Immunities Act 1972.

Dated 11 October 2012

Bob Carr

Minister for Foreign Affairs

Contents

1Name of determination   3

2Commencement   3

3Amendment of Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000   3

4Amendment of Consular Privileges and Immunities (Indirect Tax Concessions Scheme) Determination 2000   3

Schedule 1Amendment of Diplomatic Determination taken to have commenced 21 August 2008        4

Schedule 2Amendment of Diplomatic Determination taken to have commenced 25 August 2008        5

Schedule 3Amendment of Diplomatic Determination taken to have commenced 20 April 2009            6

Schedule 4Amendment of Diplomatic Determination taken to have commenced 9 June 2010 7

Schedule 5Amendment of Diplomatic Determination taken to have commenced 6 November 2010     8

Schedule 6Amendment of Diplomatic Determination taken to have commenced 19 August 2011        9

Schedule 7Amendment of Consular Determination   10

  1. Name of determination

   This determination is the Privileges and Immunities Legislation Amendment Determination 2012 (No. 1).

  1. Commencement

This determination is taken to have commenced as follows:

(a)    on 21 August 2008—sections 1 to 4 and Schedule 1;

(b)    on 25 August 2008—Schedule 2;

(c)    on 20 April 2009—Schedules 3 and 7;

(d)    on 9 June 2010—Schedule 4;

(e)    on 6 November 2010—Schedule 5;

(f)    on 19 August 2011—Schedule 6.

  1. Amendment of Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000

Schedules 1 to 6 amend the Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000.

  1. Amendment of Consular Privileges and Immunities (Indirect Tax Concessions Scheme) Determination 2000

Schedule 7 amends the Consular Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000.

Schedule 1        Amendment of Diplomatic Determination taken to have commenced 21 August 2008

(section 3)

[1]           Schedule 1, after item 69.2

insert

69A Tonga
69A.1 Any person, for the official use of the mission

The concession is limited to:

   (a)  electricity and gas services; and

  (b)  acquisitions covered by paragraph 6 (1) (c); and

   (c)  goods

69A.2 A member of the diplomatic staff, for personal use

Schedule 2        Amendment of Diplomatic Determination taken to have commenced 25 August 2008

(section 3)

[1]           Schedule 1, after item 44

insert

44AA Mongolia A member, or a family member of a member, of the administrative and technical staff, for personal use

As for diplomatic staff, except that acquisition of a motor vehicle for personal use is covered only if:

   (a)  the acquisition is made within 6 months of the staff member’s installation in Australia; and

  (b)  no family member has received:

(i) a concession under section 10B of the Act for the acquisition of another motor vehicle; or

        (ii)   an exemption from indirect tax under subsection 8 (1A) of the Act on the importation of another motor vehicle

Schedule 3        Amendment of Diplomatic Determination taken to have commenced 20 April 2009

(section 3)

[1]           Schedule 1, item 74

substitute

74 Uruguay
74.1 Any person, for the official use of the mission

The concession is limited to:

   (a)  diplomatic mail services; and

  (b)  imported motor vehicles; and

   (c)  Australian-manufactured motor vehicles; and

  (d)  goods covered by paragraph 6 (1) (b); and

   (e)  alcohol and tobacco covered by paragraph 6 (1) (ba); and

   (f)  acquisitions covered by paragraph 6 (1) (c)

74.2 A member of the diplomatic staff, for personal use The concession is limited to imported motor vehicles, Australian-manufactured motor vehicles, goods covered by paragraph 6 (1) (b) and alcohol and tobacco covered by paragraph 6 (1) (ba)

Schedule 4        Amendment of Diplomatic Determination taken to have commenced 9 June 2010

(section 3)

[1]           Schedule 1, item 61

substitute

61 Slovakia A member, or a family member of a member, of the administrative and technical staff, for personal use

As for diplomatic staff, except that acquisition of a motor vehicle for personal use is covered only if:

   (a)  the acquisition is made within 6 months of the staff member’s installation in Australia; and

  (b)  no family member has received:

(i) a concession under section 10B of the Act for the acquisition of another motor vehicle; or

        (ii)   an exemption from indirect tax under subsection 8 (1A) of the Act on the importation of another motor vehicle

Schedule 5        Amendment of Diplomatic Determination taken to have commenced 6 November 2010

(section 3)

[1]           Schedule 1, after item 69A.2

insert

69B

Tunisia

Note   There are no exceptions to the standard package of concessions for this country

Schedule 6        Amendment of Diplomatic Determination taken to have commenced 19 August 2011

(section 3)

[1]           Schedule 1, after item 22.2

insert

22A Georgia A member, or a family member of a member, of the administrative and technical staff, for personal use

As for diplomatic staff, except that acquisition of a motor vehicle for personal use is covered only if:

   (a)  the acquisition is made within 6 months of the staff member’s installation in Australia; and

  (b)  no family member has received:

(i) a concession under section 10B of the Act for the acquisition of another motor vehicle; or

        (ii)   an exemption from indirect tax under subsection 8 (1A) of the Act on the importation of another motor vehicle

Schedule 7        Amendment of Consular Determination

(section 4)

[1]           Schedule 1, item 98

substitute

98 Uruguay
98.1 Any person, for the official use of the post

The concession is limited to:

   (a)  consular mail services; and

  (b)  imported motor vehicles; and

   (c)  Australian-manufactured motor vehicles; and

  (d)  goods covered by paragraph 6 (1) (b); and

   (e)  alcohol and tobacco covered by paragraph 6 (1) (ba); and

   (f)  acquisitions covered by paragraph 6 (1) (c)

98.2 A consular officer, for personal use The concession is limited to imported motor vehicles, Australian-manufactured motor vehicles, goods covered by paragraph 6 (1) (b) and alcohol and tobacco covered by paragraph 6 (1) (ba)

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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