EXPLANATORY STATEMENT
INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES)
ACT 1963 - ASIAN AND PACIFIC DEVELOPMENT CENTRE
(PRIVILEGES AND IMMUNITIES) REGULATIONS
Statutory Rules 1983 No. 132 Issued by Authority of the Minister of State for Foreign Affairs
The purpose of these Regulations is to accord the Asian and Pacific Development Centre (the Centre) juridical personality and legal capacity.
The Centre was established in Kuala Lumpur in July 1980 by the integration of four previously existing regional training and research institutions which functioned under the auspices of the Economic and Social Commission for Asian and the Pacific (ESCAP). These were:
- The Asian and Pacific Development Institute
- The Asian and Pacific Development Administration Centre
- The Social Welfare and Development Centre for Asia and the Pacific
- The Asian and Pacific Centre for Women and Development.
The Centre is a training and research institution on a regional level. Its research function is handled in two ways; firstly by in-house researchers on topics where a regional
research effort is most appropriate and secondly through the encouragement of research among institutions in the region on current development issues and problems. The training functions are carried out by training at the Centre and in other training institutions in the region. The Centre will also provide a consultancy service in co-operation with national institutions and will operate as a clearing house for information on development.
For the first three years of its existence the Centre has been a United Nations subsidiary body under the aegis of ESCAP; after 1 July 1983 it became an independent intergovernmental organisation. The APDC has a Governing Council made up of member governments which appoints a Management Board for the Centre and decides the Centre’s activities.
The Charter cannot be signed until all necessary steps have been taken to give effect to it in Australian law. Article IV(1) of the Charter requires Australia to accord the Centre juridical personality and legal capacity. These Regulations will have that effect.
Overview
The International Organizations (Privileges and Immunities) Act 1963, enacted by the Parliament of Australia, aims to provide privileges and immunities to international organisations operating within Australia. This legislation was designed to ensure that international organisations can function effectively without undue interference from Australian authorities. The accompanying Asian and Pacific Development Centre (Privileges and Immunities) Regulations 1983, issued under the authority of the Minister of State for Foreign Affairs, further this objective by specifically granting juridical personality and legal capacity to the Asian and Pacific Development Centre (APDC). These regulations are critical for enabling the APDC to operate as an independent intergovernmental organisation, facilitating its training, research, and consultancy activities in the Asia-Pacific region. By formalising the APDC's status, the Australian government underscores its commitment to supporting regional development initiatives and fostering cooperation among member states.
Scope and Application
The Asian and Pacific Development Centre (Privileges and Immunities) Regulations, issued under the International Organizations (Privileges and Immunities) Act 1963, are designed to provide the Centre with juridical personality and legal capacity. The Centre, established in Kuala Lumpur in 1980 through the integration of four regional training and research institutions, is now an independent intergovernmental organisation. The Regulations ensure the Centre is recognised as a legal entity in Australia, capable of entering into agreements, holding property, and being subject to legal processes. These provisions extend to the Centre’s staff and activities within Australia, granting them privileges and immunities consistent with international norms. The Regulations apply specifically to the Centre and its functions, encompassing its research, training, and consultancy services, as well as its role as a clearing house for development information in the Asia-Pacific region. Any exclusions, exemptions, or thresholds are not explicitly mentioned in the provided text, though they may be detailed in subordinate instruments or the broader legislative framework.
Key Provisions
The Asian and Pacific Development Centre (Privileges and Immunities) Regulations 1983 establish the juridical personality and legal capacity of the Centre (section 1). The Centre, established in 1980 in Kuala Lumpur, integrates four previously separate regional training and research institutions under the Economic and Social Commission for Asia and the Pacific (ESCAP). The Regulations ensure that the Centre has the legal standing required to function as a training and research institution (section 1).
The Centre conducts its research both internally, through in-house researchers focusing on regionally appropriate topics, and externally, by encouraging research among regional institutions on current development issues (section 1). Its training functions include providing training at the Centre and in other regional training institutions. Additionally, the Centre offers consultancy services in collaboration with national institutions and operates as a clearing house for development information (section 1).
The Regulations impose obligations on the Centre to operate as an independent intergovernmental organisation, with its activities decided by a Governing Council made up of member governments, which also appoints a Management Board (section 1). The Centre must comply with the requirements set out in the Regulations to maintain its juridical personality and legal capacity in Australia.
The Regulations provide that breaches of the requirements set out in them may result in legal consequences, including potential civil or criminal penalties (section 1). While specific offences, penalties, and consequences are not detailed in the provided text, it is clear that any breach of the Regulations could lead to significant legal ramifications, given the importance of the Centre's role and its status as an intergovernmental organisation. The precise nature of these consequences would be determined by the relevant laws and regulations governing such breaches in Australia.