Statutory Rules
1989 No. 2851
SITA (Privileges
and Immunities)
Regulations
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
25 October 1989.
BILL HAYDEN
Governor-General
By
His Excellency’s Command,
John N.
Button
Minister of State for
Foreign Affairs and Trade
Citation
1. These Regulations may
be cited as the SITA (Privileges and Immunities) Regulations.
Interpretation
2. In these Regulations,
unless the contrary intention appears:
“SITA”
means the organisation known as the Société Internationale de
Telecommunications Aéronautiques;
“the
Act” means the International
Organizations (Privileges and Immunities)Act 1963.
Act to apply to SITA
3. SITA is declared to be
an international organisation to which the Act applies.
(S.R.
328/89)—Cat. No. 14/17.10.1989
SITA to have juridical personality
and legal capacities
4. SITA:
(a)
is a body corporate; and
(b)
has the capacity to contract; and
(c)
is capable of acquiring, holding and disposing of real and personal property
and of instituting legal proceedings.
Privileges and immunities of SITA
5. (1) Subject to subregulation
(2) and (3), SITA has the privileges and immunities specified in paragraphs 6
and 7 of the First Schedule to the Act.
(2) Subregulation (1) does
not exempt SITA from the liability to pay dues or taxes in respect of premises
it owns or leases if the dues or taxes represent payment for specific services
rendered.
(3) Where goods are
imported, manufactured or purchased by SITA, subregulation (1) does not prevent
sales tax being payable in relation to the goods by SITA or by any other
person.
Privileges of officers of SITA
6. (1) Subject to subregulation (2), a person who holds an office in
SITA has, until the expiration of 31 December 1999, the privileges and
immunities specified in paragraph 2 of Part I of the Fourth Schedule to the
Act.
(2) The salary and
emoluments received from SITA by a person:
(a)
who holds an office in SITA; and
(b)
who is 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:
(c)
is not an Australian citizen; and
(d)
came to Australia solely for the purpose of performing the duties of the
office.
Waiver
of privileges
7. SITA may waive any
privileges to which it, or any of its officers, is entitled by virtue of the
Act or these Regulations.
NOTES
1.
Notified in the Commonwealth of Australia
Gazette on 31 October 1989.
Printed
by Authority by the Commonwealth Government Printer