STATUTORY RULES
1968 No.
REGULATIONS UNDER THE INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1963-1966.*
WHEREAS it is provided by section 7 of the International Organizations (Privileges and Immunities) Act 1963-1966 that where an international conference is, or is to be, held in Australia or in a Territory of the Commonwealth and it appears to the Governor-General that the provisions of that Act other than that section do not, or may not, apply in relation to that conference but it is desirable that diplomatic privileges and immunities should be applicable in relation to that conference, the regulations may declare the conference to be a conference to which that section applies:
AND WHEREAS it appears to me that the provisions of that Act, other than section 7 of that Act, may not apply in relation to the international conference referred to in the following Regulations but it is desirable that diplomatic privileges and immunities should be applicable in relation to that conference:
NOW THEREFORE 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 twenty-fourth day of July, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for External Affairs.
ASIAN AND PACIFIC COUNCIL (PRIVILEGES AND IMMUNITIES) REGULATIONS
Citation.
1. These Regulations may be cited as the Asian and Pacific Council (Privileges and Immunities) Regulations.
Declaration or Third Ministerial Meeting of ASPAC.
2. The international conference that is to be held at Canberra in the Australian Capital Territory commencing on the thirtieth day of July, One thousand nine hundred and sixty-eight, being the conference known as the Third Ministerial Meeting of the Asian and Pacific Council, is declared to be a conference to which section 7 of the International Organizations (Privileges and Immunities) Act 1963-1966 applies.
* Notified in the Commonwealth Gazette on 1968.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
18280/68—Price 5c 7/20.6.1968
Overview
The Asian and Pacific Council (Privileges and Immunities) Regulations 1968 were enacted to address the need for diplomatic privileges and immunities for the Third Ministerial Meeting of the Asian and Pacific Council (ASPAC) to be held in Canberra. The Act underpinning these regulations, the International Organizations (Privileges and Immunities) Act 1963-1966, was established to provide a legal framework for the application of privileges and immunities to international organisations and their officials when they are in Australia. The policy objective was to ensure that the ASPAC meeting could proceed smoothly without legal impediments, by applying the necessary diplomatic protections and privileges as stipulated in the Act. The regulations were made under the authority of the Governor-General, with the advice of the Federal Executive Council, and were designed to ensure that the conference would benefit from the diplomatic privileges and immunities, even though the broader provisions of the Act might not otherwise apply.
Scope and Application
The Asian and Pacific Council (Privileges and Immunities) Regulations are a legislative instrument made under the International Organizations (Privileges and Immunities) Act 1963-1966, which aims to provide diplomatic privileges and immunities for international conferences held within Australia or its territories. These Regulations specifically apply to the Third Ministerial Meeting of the Asian and Pacific Council (ASPAC) scheduled to commence on the thirtieth day of July, 1968, in Canberra, Australian Capital Territory. The application of the International Organizations (Privileges and Immunities) Act, apart from section 7, may not cover this particular conference; however, the Regulations declare that section 7 should apply, thereby ensuring that the necessary diplomatic privileges and immunities are afforded to the participants and activities of the conference. The scope of the Act, as extended by these Regulations, is geographically limited to the event in Australia and does not include any broader exemptions or exclusions beyond what is stipulated in the primary Act itself.
Key Provisions
The Asian and Pacific Council (Privileges and Immunities) Regulations, established under the International Organizations (Privileges and Immunities) Act 1963-1966, primarily serve to extend the application of diplomatic privileges and immunities to the Third Ministerial Meeting of the Asian and Pacific Council (ASPAC) scheduled to take place in Canberra (sections 1 and 2). These Regulations declare that the conference, despite potential limitations of the Act's other provisions, should benefit from the immunities typically afforded to international diplomatic conferences. This declaration ensures that the conference participants, including delegates, staff, and necessary equipment, are granted the necessary legal protections to operate smoothly and effectively without interference.
These Regulations impose specific obligations on the parties involved in the Third Ministerial Meeting of ASPAC. They necessitate adherence to the principles and practices of diplomatic immunity and privilege, which typically include protection from legal processes, exemption from certain taxes and customs duties, and inviolability of the conference premises and documents. The Act, through these Regulations, aims to facilitate the seamless functioning of the conference by providing a legal framework that shields it from undue interference and ensures the free flow of diplomatic communication and activities.
Non-compliance with the provisions of these Regulations can lead to serious consequences. While the specific legal repercussions are not detailed within the text, breaches of diplomatic privileges and immunities under the broader Act can result in both criminal and civil liabilities. Under the International Organizations (Privileges and Immunities) Act, severe breaches may attract penalties, including fines and imprisonment, reflecting the seriousness with which Australia treats violations of international diplomatic protections. The exact penalties would be determined by the courts based on the nature and severity of the breach, but they can be significant given the importance of maintaining international diplomatic relations.