Timor Sea Treaty Designated Authority (Privileges and Immunities) Regulations 2003 (Cth)

Timor Sea Treaty Designated Authority (Privileges and Immunities) Regulations 2003

Statutory Rules 2003 No. 451

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Organisations (Privileges and Immunities) Act 1963.

Dated 7 April 2003

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

ALEXANDER DOWNER

Minister for Foreign Affairs

    

1Name of Regulations

These Regulations are the Timor Sea Treaty Designated Authority (Privileges and Immunities) Regulations 2003.

2Commencement

These Regulations are taken to have commenced on the commencement of section 5B of the International Organisations (Privileges and Immunities) Act 1963.

3Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations — repeal

The following Statutory Rules are repealed:

· 1990 No. 228

· 1991 No. 444.

4Definitions

In these Regulations:

Act means the International Organisations (Privileges and Immunities) Act 1963.

Treaty has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003.

Note For the meaning of Designated Authority, see section 5B of the Act.

5Designated Authority to have juridical personality and legal capacities

The Designated Authority:

1. (a)

   is a body corporate; and

2. (b)

   is capable, in its corporate name:

   1. (i)

      of entering into contracts; and

   2. (ii)

      of acquiring, holding and disposing of real and personal property; and

   3. (iii)

      of suing and being sued.

6Privileges and immunities of the Designated Authority

The Designated Authority has the privileges and immunities specified in paragraph 7 of the First Schedule to the Act in relation to:

1. (a)

   income tax within the meaning of the Income Tax Assessment Act 1936; and

2. (b)

   income tax within the meaning of the Income Tax Assessment Act 1997; and

3. (c)

   fringe benefits tax within the meaning of the Fringe Benefits Tax Assessment Act 1986.

7Privileges of officers of the Designated Authority

1. (1)

   Subject to subregulation (2), a person who holds an office in the Designated Authority and is not:

   1. (a)

      a resident of Australia within the meaning of the Income Tax Assessment Act 1936; or

   2. (b)

      an Australian resident within the meaning of the Income Tax Assessment Act 1997;

has the privileges and immunities specified in paragraphs 2 and 7 of Part I of the Fourth Schedule to the Act.

1. (2)

   In relation to the importation of furniture and effects, the privileges and immunities specified in paragraph 7 of Part I of the Fourth Schedule to the Act apply for a period of 6 months, or such further time as in exceptional circumstances is allowed by the Minister, from a person’s first entry into Australia for the purpose of taking up a post with the Designated Authority.

2. (3)

   However, the privileges and immunities specified in paragraph 7 of Part I of the Fourth Schedule to the Act cease to apply to imported goods that are sold, donated or otherwise disposed of in Australia:

   1. (a)

      within 2 years after the goods were imported; and

   2. (b)

      otherwise than in accordance with an agreement between the officer of the Designated Authority and the Commonwealth.

Note

1. Notified in the Commonwealth of Australia Gazette