Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations
Statutory Rules 1990 No. 228 as amended
made under the
International Organizations (Privileges and Immunities) Act 1963
This compilation was prepared on 1 May 2003
taking into account amendments up to SR 2003 No. 45
[Note: These Regulations were repealed by SR 2003 No. 45]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Joint Authority to have juridical personality and legal capacities
5 Privileges and immunities of the Joint Authority
6 Privileges of officers of the Joint Authority
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations.
2 Commencement [see Note 1]
These Regulations commence when the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 commences.
3 Interpretation
In these Regulations, unless the contrary intention appears:
Joint Authority means the Joint Authority referred to in the Treaty.
the Act means the International Organizations (Privileges and Immunities) Act 1963.
the Treaty has the same meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990.
4 Joint Authority to have juridical personality and legal capacities
The Joint Authority:
(a) is a body corporate;
(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 suing and being sued.
5 Privileges and immunities of the Joint Authority
(1) The Joint Authority has the privileges and immunities specified in paragraph 7 of the First Schedule to the Act in relation to:
(a) income tax within the meaning of the Income Tax Assessment Act 1936; and
(b) fringe benefits tax imposed by the Fringe Benefits Tax Act 1986 as assessed under the Fringe Benefits Tax Assessment Act 1986.
6 Privileges of officers of the Joint Authority
(1) Subject to subregulation (2), a person who holds an office in the Joint Authority and is not a resident of Australia within the meaning of Article 1 of the Treaty has the privileges and immunities specified in paragraphs 2 and 7 of Part I of the Fourth Schedule to the Act.
(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 six 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 Joint Authority.
Notes to the Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations
Note 1
The Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations (in force under the International Organizations (Privileges and Immunities) Act 1963) as shown in this compilation comprise Statutory Rules 1990 No. 228 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1990 No. 228 | 12 July 1990 | 18 Feb 1991
(see r. 2 and Gazette 1991, No. S47) | |
1991 No. 444 | 19 Dec 1991 | 19 Dec 1991 | — |
2003 No. 45 | 7 Apr 2003 | 2 Apr 2003 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | am. 1991 No. 444 |
Overview
The Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations 1990, made under the International Organizations (Privileges and Immunities) Act 1963, aim to provide the Joint Authority established under the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 with necessary privileges and immunities to ensure its effective operation. These regulations, which were repealed by SR 2003 No. 45, outline the juridical personality and legal capacities of the Joint Authority, including its ability to contract and own property, as well as the specific privileges and immunities it enjoys. The regulations also address the privileges and immunities for officers of the Joint Authority, particularly in relation to income tax and fringe benefits tax, and provide for the importation of furniture and effects. Enacted by the Australian Parliament, the policy objective of these regulations is to facilitate cooperation between Australia and Indonesia in the petroleum sector by ensuring the Joint Authority operates smoothly without undue legal impediments.
Scope and Application
The Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations 1990, as amended, apply to the Joint Authority established under the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990, providing it with juridical personality and legal capacities as a body corporate. These Regulations are made under the International Organizations (Privileges and Immunities) Act 1963 and outline the privileges and immunities afforded to the Joint Authority and its officers. Specifically, the Joint Authority is exempt from income tax and fringe benefits tax as specified in the First Schedule to the Act. Additionally, officers of the Joint Authority who are not residents of Australia receive certain privileges and immunities related to income tax and customs duties on imported furniture and effects, as detailed in the Fourth Schedule to the Act. The Regulations apply to transactions and conduct within Australia and are subject to amendment through subordinate instruments. It should be noted that these Regulations were repealed by Statutory Rules 2003 No. 45, which came into effect on 2 April 2003.
Key Provisions
The Australia-Indonesia Zone of Cooperation (Privileges and Immunities) Regulations, made under the International Organizations (Privileges and Immunities) Act 1963, establish the privileges and immunities for the Joint Authority and its officers. Section 4 of the Regulations provides that the Joint Authority is a body corporate, has the capacity to contract, and can acquire, hold, and dispose of property and sue or be sued in its corporate name (s. 4). Section 5 outlines that the Joint Authority is exempt from income tax and fringe benefits tax (s. 5(1)). Section 6 details that officers of the Joint Authority, who are not residents of Australia, are entitled to specified privileges and immunities, including exemptions related to the importation of furniture and effects for a period of six months or longer if approved by the Minister (s. 6(1)-(2)).
These Regulations impose several obligations on the Joint Authority and its officers. The Joint Authority must adhere to the privileges and immunities outlined in the Regulations, particularly those related to tax exemptions and property rights (s. 4). Officers of the Joint Authority must comply with the specified privileges and immunities, especially in relation to the importation of personal effects and furniture, and must follow any additional conditions set by the Minister (s. 6). Additionally, the Joint Authority and its officers must ensure that their actions do not contravene the terms of the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990, as referenced in the Regulations (s. 3).
There are no specific offences or penalties outlined within the text of the Regulations themselves. However, breaches of the privileges and immunities granted by the Regulations could potentially lead to legal consequences under the broader International Organizations (Privileges and Immunities) Act 1963 or other relevant Australian legislation. The Act under which these Regulations are made provides a framework for dealing with violations, but the exact penalties would depend on the nature and severity of the breach, as well as any applicable laws or treaties. The Joint Authority and its officers are expected to abide by these privileges and immunities to avoid any legal repercussions.