Privileges and Immunities (Organizations associated with the Asian and Pacific Council) Regulations (Cth)

STATUTORY RULES

1972 No.

REGULATIONS UNDER THE INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1963-1966.*

I,THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby mate the following Regulations under the International Organizations (Privileges and Immunities) Act 1963-1966.

Dated this twenty-first day of April, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Foreign Affairs.

 

PRIVILEGES AND IMMUNITIES (ORGANIZATIONS ASSOCIATED WITH THE ASIAN AND PACIFIC COUNCIL) REGULATIONS

Citation.

1. These Regulations may be cited as the Privileges and Immunities (Organizations associated with the Asian and Pacific Council) Regulations.

Repeal.

2. The Asian and Pacific Council (Privileges and Immunities) Regulations (being Statutory Rules 1968, No. 85), the Cultural and Social Centre for the Asian and Pacific Region (Privileges and Immunities) Regulations (being Statutory Rules1969, No. 104) and the Economic Commission for Asia and the Far East (Privileges and Immunities) Regulations (being Statutory Rules 1968, No. 54) are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“prescribed organization” means—

(a) the Cultural and Social Centre for the Asian and Pacific Region established by an Agreement between the members of the Asian and Pacific Council dated the first day of August, 1968;

(b) the Economic Co-operation Centre for the Asian and Pacific Region established by an Agreement between the members of the Asian and Pacific Council dated the nineteenth day of June, 1970;

(c) the Food and Fertilizer Technology Centre for the Asian and Pacific Region established by an Agreement between the members of the Asian and Pacific Council dated the eleventh day of June, 1969; and

(d) the Registry of Scientific and Technical Services;

“the Act” means the International Organizations(Privileges and Immunities) Act 1963-1966;

“the Registry of Scientific and Technical Services” means the Registry of Scientific and Technical Services for the Asian and Pacific Region constituted in accordance with an Agreement between the members of the Asian and Pacific Council dated the sixteenth day of July, 1971.

 

* Notified in the Commonwealth Gazette on 1972.

16464/71—Price 8c  10/10.3.1972

 

International Organizations (Privileges and Immunities) Act to apply to prescribed organizations.

4. Each prescribed organization is declared to be an international organization to which the Act applies.

Prescribed organizations to have juridical personality and legal capacities.

5. Each prescribed organization—

(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 instituting legal proceedings.

Privileges and immunities of prescribed organizations.

6.—(1.) Subject to the next two succeeding sub-regulations and to regulation 9 of these Regulations, each prescribed organization has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10 and 11 of the First Schedule to the Act.

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

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

Immunities of representatives of members.

7.—(1.) A person who is accredited to, or is in attendance at an international conference convened by, the Executive Board of the Registry of Scientific and Technical Services, being an organ of that Registry, as a representative of a country other than Australia has the immunity specified in paragraph 2 of Part I. of the Third Schedule to the Act.

(2.) A person who has ceased to be accredited to, or has attended a conference convened by, that Executive Board as a representative of a country other than Australia has the immunity specified in Part II. of the Third Schedule to the Act.

Privileges and immunities of persons holding office in prescribed organizations.

8.—(1.) Subject to the next two succeeding sub-regulations and to the next succeeding regulation, a person who holds an office in a prescribed organization has the privileges and immunities specified in paragraphs 1, 2, 3 and 5 of Part I. of the Fourth Schedule to the Act.

(2.) A person referred to in the last preceding sub-regulation, being an Australian citizen, does not have the privileges and immunities specified in paragraphs 1, 3 and 5 of Part I. of the Fourth Schedule to the Act.

(3.) The salary and emoluments received from a prescribed organization by a person referred to in sub-regulation (1.) of this regulation, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936-1971, 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 that prescribed organization held by him.

(4.) The salary and emoluments received from a prescribed organization by a person referred to in sub-regulation (1.) of this regulation, being a person who is a “resident” as defined by sub-section (1.) of section 4 of the Income Tax Ordinance 1959-1970 of Papua New Guinea, are not, to the extent to which they are for services rendered in Papua New Guinea, exempt from taxation unless the person is not an Australian citizen or an Australian protected person and unless the person came to Papua New Guinea solely for the purpose of performing duties of the office in that prescribed organization held by him.

(5.) In the last preceding sub-regulation, “Australian protected person” means a person declared by the regulations under the Citizenship Act 1948-1970 to be, for the purposes of that Act, under the protection of the Australian Government.

(6.) A person who holds an office in the Registry of Scientific and Technical Services and is not an Australian citizen has, in addition to the privileges and immunities referred to in sub-regulation (1.) of this regulation, the privilege specified in paragraph 7 of Part I. of the Fourth Schedule to the Act.

(7.) Where a person who has ceased to hold an office in a prescribed organization was not, immediately before he ceased to hold that office, an Australian citizen, the person has the immunities specified in Part II. of the Fourth Schedule to the Act.

Limitation on exemption from duties.

9.—(1.) This regulation applies in relation to—

(a) the exemption conferred by sub-regulation (1.) of regulation 6 of these Regulations on a prescribed organization from duties on the importation of goods, not being publications of the prescribed organization, imported by the prescribed organization for its official use; and

(b) the right conferred by sub-regulation (6.) of the last preceding regulation on a person who holds an office in the Registry of Scientific and Technical Services and is not an Australian citizen to import furniture and effects free of duties when first taking up a post in Australia.

(2.) The exemption or right, as the case may be, does not apply where any other articles of the same kind, or of a similar kind, that have been imported into Australia were, at the time when they were entered for home consumption under the Customs Act 1901-1971, intended for the use of the prescribed organization or person and the reasonable requirements of the prescribed organization or person, as the case may he, have adequately been met by the other articles.

Privileges and immunities of other persons connected with prescribed organizations.

10—(1.) A person who is serving on a committee, or is participating in the work, of a prescribed organization or is performing, whether alone or jointly with other persons, a mission on behalf of a prescribed organization has the privileges and immunities specified in paragraphs 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 prescribed organization on which he is serving;

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

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

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

 

Waiver of privileges and immunities.

11—(1.) A prescribed organization may waive any privileges or immunities to which—

(a) that prescribed organization;

(b) a person who holds or has ceased to hold any office in that prescribed organization; or

(c) a person who is serving or has served on a committee, or is participating or has participated in the work, of that prescribed organization or is performing or has performed, whether alone or jointly with other persons, a mission on behalf of that prescribed organization,

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 been, accredited to, or in attendance at an international conference convened by, the Executive Board of the Registry of Scientific and Technical Services is entitled by virtue of the Act or these Regulations.

Privileges and immunities subject to quarantine laws of Commonwealth.

12. Nothing in these Regulations affects the application of any law of the Commonwealth or of a Territory of the Commonwealth relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, Australia or that Territory, as the case may be, of any animals, plants or goods, but this regulation does not prejudice the immunity from suit or from civil or criminal process conferred by these Regulations.

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