South Pacific Bureau for Economic Cooperation (Privileges and Immunities) Regulations (Cth)

Statutory Rules

1973 No. 114

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

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

Dated this fourteenth day of June, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence for and on behalf of the Minister of State for Foreign Affairs.

 

SOUTH PACIFIC BUREAU FOR ECONOMIC COOPERATION (PRIVILEGES AND IMMUNITIES) REGULATIONS

Citation.

1. These Regulations may be cited as the South Pacific Bureau for Economic Cooperation (Privileges and Immunities) Regulations.

Interpretation.

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

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

“the Bureau ” means the South Pacific Bureau for Economic Cooperation.

Papua New Guinea.

3. (1) Subject to sub-regulation (2), the privileges and immunities conferred by these Regulations do not extend in Papua New Guinea—

(a) in the case of privileges and immunities conferred on the Bureau—

(i) to or in relation to acts and things done by or on behalf of the Bureau in Papua New Guinea;

(ii) to or in relation to any property or assets situated in Papua New Guinea of, in the custody of or administered by the Bureau;

(b) in the case of privileges and immunities conferred on a person who holds or has held the office of the Director of the Bureau—to or in relation to—

(i) acts and things done by him in or in relation to Papua New Guinea; or

(ii) rights or liabilities of the person while he is in Papua New Guinea;

 

* Notified in the Commonwealth Gazette on 21 June 1973.

 

(c) in the case of privileges and immunities conferred on a person who is or has been accredited to, or is in attendance at, or has attended, a meeting of the Committee of the Bureau as a representative of a country other than Australia—to or in relation to such a conference held in Papua New Guinea; or

(d) in the case of privileges; and immunities conferred on a person who holds or has held an office in the Bureau or has been a member of the staff of the Bureau other than the Director or a member holding an office in the Bureau—to or in relation to—

(i) acts and things done by him in or in relation to Papua New Guinea; or

(ii) rights or liabilities of the person while he is in Papua New Guinea.

(2) The last preceding sub-regulation does not affect the exemption from taxation under the Income Tax Assessment Act 1936-1972 of the salary and emoluments received from the Bureau by a person who holds, or is performing the duties of, the office of Director of the Bureau or by a person to whom sub-regulation 9(1) applies, being salary and emoluments in respect of services rendered by him for the Bureau in Papua New Guinea.

Bureau to be an international organization to which the Act applies.

4. The Bureau is declared to be an international organization to which the Act applies.

Bureau to have juridical personality and legal capacities.

5. The Bureau—

(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.

Privileges and immunities or Bureau.

6. (1) Subject to the next two succeeding sub-regulations the Bureau has the privileges and immunities specified in items 1, 2, 4, 6, 7 and 9 of the First Schedule to the Act.

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

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

Privileges and immunities of Director of Bureau.

7. (1) The office of Director of the Bureau is a high office in the Bureau for the purposes of sub-paragraph 6(1) (b) (i) of the Act.

(2) A person who holds, or is performing the duties of, the office of Director of the Bureau has the privileges and immunities in relation to taxes, duties and other levies, and in relation to immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of his official duty, that are accorded to an envoy.

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

 

Privileges and immunities of representatives to a conference convened by Bureau.

8. (1) A person who is accredited to, or is in attendance at, a meeting of the Committee of the Bureau as a representative of a country other than Australia has the privileges and immunities specified in items 2 and 3 of Part 1 of the Third Schedule to the Act.

(2) A person who has ceased to be accredited to, or who has attended a meeting of the Committee of the Bureau 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 other than high officers or Bureau.

9. (1) Subject to sub-regulations (2) and (3), a person who holds an office in the Bureau, other than a person who holds, or is performing the duties of, the office of Director of the Bureau, has the privileges and immunities specified in items 1, 2 and 7 of Part I of the Fourth Schedule to the Act.

(2) The salary and emoluments received from the Bureau by a person to whom sub-regulation (1) applies, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936-1972, 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 Bureau held by him.

(3) A person, being an Australian citizen, who holds an office in the Bureau, other than a person who holds, or is performing the duties of, the office of Director of the Bureau, does not have the privilege specified in item 7 of Part I of the Fourth Schedule to the Act.

(4) A person who has ceased to hold an office in the Bureau, other than the office of Director of the Bureau, has the immunities specified in Part II of the Fourth Schedule to the Act.

Immunity of other staff members of Bureau.

10. (1) A member of the staff of the Bureau, other than the Director or a person who holds an office in the Bureau, has the immunity specified in item 2 of Part I of the Fifth Schedule to the Act.

(2) A person being a person who has had the immunity referred to in sub-regulation (1) and has ceased to be a member of the staff of the Bureau has the immunity specified in Part II of that Schedule.

Waiver of privileges and immunities.

11. (1) The Bureau may waive any privileges or immunities to which—

(a) the Bureau;

(b) a person who holds, is performing the duties of, or has ceased to hold, or perform the duties of, the office of Director of the Bureau;

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

(d) a person who is a member of the staff of the Bureau (other than the Director or a person who holds an office in the Bureau) or a person who has ceased to be such a member,

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 ceased to be, accredited to, or is in attendance at, or has attended a meeting convened by the Committee of the Bureau as a representative of that country is entitled by virtue of the Act or these Regulations.

Privileges and immunities subject to quarantine laws, &c.

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.

Official emblem of Bureau.

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

   

THE SCHEDULE Regulation 13

Official Emblem of the South Pacific Bureau for Economic Cooperation.