Statutory Rules
1984 No. 2761
—————
World
Tourism Organisation (Privileges
and
Immunities) Regulations
I,
THE ADMINISTRATOR of the Government 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
4 October 1984.
JAMES RAMSAY
Administrator
By
His Excellency’s Command,
G.
SCHOLES
Minister of State for
Defence acting for and on behalf of the
Minister
of State for Foreign Affairs
—————
Citation
1. These Regulations may
be cited as the World Tourism Organisation (Privileges and Immunities)
Regulations.
Interpretation
2. In these Regulations,
unless the contrary intention appears— “Organisation” means the World Tourism
Organisation;
“the Act” means the International Organizations (Privileges and
Immunities) Act 1963.
Act to apply to Organisation
3. The Organisation is
declared to be an international organization to which the Act applies.
Organisation to have juridical
personality and legal capacities
4. The Organisation—
(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 of
Organisation
5. (1) Subject to sub-regulations (2) and (3), the Organisation has
the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10,
11 and 12 of the First Schedule to the Act.
(2) The Organisation is
not, by virtue of sub-regulation (1), exempt from such national, regional or
municipal dues and taxes in respect of the premises of the Organisation,
whether owned or leased, as represent payment for specific services rendered.
(3) Where goods (not being
publications of the Organisation) are imported, manufactured or purchased by
the Organisation for sale by it, sub-regulation (1) does not operate to prevent
sales tax being payable by the Organisation or by any other person upon the
sale value of the goods.
Privileges and immunities of
Secretary-General of Organisation
6. (1) The office of Secretary-General of the Organisation is a high
office in the Organisation.
(2) A person who holds, or
is performing the duties of, the office of Secretary-General of the
Organisation 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
Organisation has the immunities specified in Part II of the Second Schedule to
the Act.
Privileges and immunities of
representatives to Organisation
7. (1) A person who is accredited to, or is in attendance at an
international conference convened by, the Organisation as a representative of a
country (other than Australia) that is a member of the Organisation has the
privileges and immunities specified in Part I of the Third Schedule to the Act.
(2) A person who has ceased
to be accredited to, or has attended an international conference convened by,
the Organisation as a representative of a country (other than Australia) that
is a member of the Organisation has the immunities specified in Part II of the
Third Schedule to the Act.
Privileges and immunities of
officers (other than high officer) of Organisation
8. (1) A person who holds an office in the Organisation, other than a
person who holds, or is performing the duties of, the office specified in
sub-regulation 6 (1), has the immunities specified in paragraph 1 of Part I of
the Fourth Schedule to the Act.
(2) A person who has ceased
to hold an office in the Organisation, other than the office specified in
sub-regulation 6 (1), has the immunities specified in Part II of the Fourth
Schedule to the Act.
Waiver of privileges and immunities
9. (1) The Organisation may waive any privileges and immunities to
which—
(a)
the Organisation;
(b)
a person referred to in sub-regulation 6 (2) or (3); or
(c)
a person referred to in sub-regulation 8 (1) or (2),
is
entitled by virtue of these Regulations.
(2) The government of a
country may waive any privileges and immunities to which—
(a)
a person who is, or has been, a person accredited to, or in attendance at an international
conference convened by, the Organisation as a representative of that country;
or
(b)
a person who is, or has been during any period, a member of the official staff
of a person referred to in paragraph (a),
is
entitled to by virtue of the Act or these Regulations.
Privileges and immunities subject
to quarantine laws, &c
10. Nothing in these
Regulations affects the application of any law of the Commonwealth, of a State
or of a Territory relating to quarantine, or prohibiting or restricting the
importation into, or the exportation from, Australia, that State 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 other legal
process conferred by these Regulations.
NOTE
1.
Notified in the Commonwealth of Australia
Gazette