South East Asia Treaty Organization (Privileges and Immunities) Regulations (Cth)

STATUTORY RULES

1967 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 make the following Regulations under the International Organizations (Privileges and Immunities) Act 1963–1966.

Dated this twentieth day of April, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd) Paul Hasluck.

Minister of State for External Affairs.

 

South East Asia Treaty Organization (Privileges and Immunities) Regulations

Citation.

1. These Regulations may be cited as the South East Asia Treaty Organization (Privileges and Immunities) Regulations.

Definitions.

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

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

“the Organization” means the South East Asia Treaty Organization.

International Organizations (Privileges and Immunities) Act to apply to Seato.

3. The Organization is declared to be an international organization to which the Act applies.

Seato to have juridical personality and legal capacities.

4.—(1.) The 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 of instituting legal proceedings.

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

Privileges and immunities of Seato.

5.—(1.) Subject to the next succeeding sub-regulation the Organization has the privileges and immunities specified in paragraphs 1, 2, 4, 5, 6, 7, 9, 10 and 11 of the First Schedule to the Act.

 

* Notified in the Commonwealth Gazette on , 1967.

7230/66.—Price 8c (9d.) 9/7.2.1967

(2.) The 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 Organization, whether owned or leased, as represent payment for specific services rendered,

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

Privileges and Immunities of Secretary-General of Seato.

6.—(1.) For the purposes of sub-paragraph (i) of paragraph (b)of sub-section (1.) of section 6 of the Act the office of Secretary-General of the Organization is a high office in the Organization.

(2.) The person who holds the office of Secretary-General of the Organization or is performing the duties of that office has the privileges and immunities specified in Part I. of the Second Schedule to the Act.

(3.) A person who has ceased to hold, or perform the duties of, the office of Secretary-General of the Organization has the immunities specified in Part II. of the Second Schedule to the Act

Privileges and immunities of representatives to Seato.

7.—(1.) A person who is accredited to, or is in attendance at an international conference convened by, the Organization as a representative of a country other than Australia has the privileges and immunities specified in Part I. of the Third Schedule of the Act.

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

Privileges and immunities of officers of Seato other than the Secretary-General.

8.—(1.) A person who holds an office in the Organization, other than the office of Secretary-General of the Organization, has—

(a) the privileges and immunities specified in paragraphs 1, 2, 3, 4 and 5 of Part I. of the Fourth Schedule to the Act; and

(b) the following privileges, namely, the like repatriation facilities (including repatriation facilities for a spouse and any dependent relatives) in time of international crisis as are accorded to an official of comparable rank, forming part of a diplomatic mission.

(2.) The salary and emoluments received from the Organization by a person to whom the last preceding sub-regulation applies, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936–1966, 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 the Organization held by him.

(3.) The salary and emoluments received from the Organization by a person to whom sub-regulation (1.) of this regulation applies, being a resident of the Territory of Papua and New Guinea within the meaning of the Income Tax Ordinance 1959-1966 of that Territory, are not, to the extent to which they are for services rendered in that Territory, exempt from taxation unless the person is not an Australian citizen or an Australian protected person and unless the person came to that Territory solely for the purpose of performing duties of the office in the Organization held by him.

 

(4.) In the last preceding sub-regulation, “Australian protected person” means a person declared by the regulations under the Nationality and Citizenship Act 1948–1966 to be, for the purposes of that Act, under the protection of the Australian Government.

(5.) Subject to the next succeeding sub-regulation, a person who holds an office in the Organization, other than the office of Secretary-General of the Organization, has the privileges and immunities specified in paragraph 7 of Part I. of the Fourth Schedule to the Act.

(6.) The last preceding sub-regulation does not apply to or in relation to a person who is an Australian citizen.

(7.) A person who has ceased to hold an office in the Organization other than the office of Secretary-General has the immunities specified in Part II. of the Fourth Schedule to the Act.

Privileges andimmunities of persons connected with Seato.

9.—(1.) A person who is serving on a committee, or is participating in the work, of the Organization or is performing, whether alone or jointly with other persons, a mission on behalf of the Organization has the privileges and immunities specified in Part I. of the Fifth Schedule to the Act.

(2.) A person who has served on such a committee or participated in such work or has performed such a mission has the immunities specified in Part II. of the Fifth Schedule to the Act

Waiver or privileges and immunities.

10.—(1.) The person who holds, or is performing the duties of, the office of Secretary-General of the Organization may, on behalf of the Organization, waive any immunities to which—

(a) the Organization,

(b) a person who holds or has ceased to hold or is performing or has ceased to perform the duties of, the office of Secretary-General of the Organization;

(c) a person who holds or has ceased to hold any other office in the Organization; or

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

is entitled by virtue of the Act or these Regulations.

(2.) The government of a country may waive any immunities to which a person who is, or has ceased to be, accredited to, or is in attendance at or has attended, an international conference convened by the Organization or the Council of the Organization as a representative of that country is entitled by virtue of the Act or these Regulations.

Privileges and immunities of Seato subject to quarantine laws of the Commonwealth.

11. Nothing in these Regulations affects the application of any law of the Commonwealth or of a Territory of the Commonwealth, including the Territory of Nauru, 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.

Official emblem of Seato.

12. For the purposes of section 12 of the Act, the emblem in the First Schedule to these Regulations is declared to be the official emblem of the Organization.

Official seal of Seato.

13. For the purposes of section 12 of the Act, the seal, the design of which is set out in the Second Schedule to these Regulations, is declared to be the official seal of the Organization.

THE SCHEDULES

FIRST SCHEDULE

Regulation 12

OFFICIAL EMBLEM OF THE ORGANIZATION

SECOND SCHEDULE

Regulation 13.

OFFICIAL SEAL OF THE ORGANIZATION

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra