EXPLANATORY STATEMENT
INTERNATIONAL ORGANISATIONS (PRIVILEGES AND IMMUNITIES) ACT 1963
CAB INTERNATIONAL (PRIVILEGES AND IMMUNITIES) REGULATIONS
Statutory Rules 1990 No. 26 issued by the authority of the Minister of State for Foreign Affairs and Trade.
Section 13 of the International Organizations (Privileges and Immunities) Act 1963 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 5 of the Act provides that the regulations may declare an organization to be an international organisation to which the Act applies.
Sub-paragraph 6(1)(a)(i) of the Act provides that the regulations may confer upon an organization to which the Act applies juridical personality and such legal capacity as is necessary for the exercise of its powers and the performance of its functions. Sub-paragraph 6(1)(a)(ii) of the Act provides that the regulations may confer all or any of the privileges and immunities specified in the First Schedule to the Act on an international organization.
The Commonwealth Agricultural Bureaux was established in 1928. It was reconstituted as CAB International in 1986 to make membership available to non-Commonwealth countries. The purpose of the Organization is to provide information, scientific and related services in agriculture and allied sciences on a world-wide basis. Australia signed and ratified the agreement on CAB International in 1986, and it entered into force on 4 September 1987.
Article IV of the Agreement requires the Organization to have juridical personality and legal capacities. The Regulations prescribe CAB International as an international organization and confer juridical personality and legal capacities on it.
Details of the Regulations are as follow:
Regulation 1 is a citation clause.
Regulation 2 is an interpretation provision.
Regulation 3 declares CAB International to be an international organization for the purposes of the Act.
Regulation 4 confers juridical personality and legal capacities on CAB International, as required by Article IV of the Agreement.