EXPLANATORY STATEMENT
1982 No.111
International Organizations (Privileges and Immunities) Act
1963 - Commission for the Conservation of Antarctic
Marine Living Resources (First Meeting)
(Privileges and Immunities) Regulations
Statutory Rules 1982 No. 83 Issued by Authority of the Minister of State for Foreign Affairs
The purpose of these Regulations is to accord privileges and immunities to persons attending the first meeting of the Commission for the Conservation of Antarctic Marine Living Resources in Hobart.
Article XXVIII (1) of the Convention on the Conservation of Antarctic Marine Living Resources (the Convention) provides that the Convention enters into force 30 days after the eighth ratification to it has been deposited. On 8 March 1982 the eighth Party, New Zealand, deposited, its instrument of ratification: the Convention therefore entered into force on 7 April 1982.
Article XIII (2) of the Convention provides that the first meeting of the Commission for the Conservation of Antarctic Marine Living Resources (the Commission) must be held within three months of the date of entry into force of the Convention. The first meeting will be held in Hobart between 25 May and 11 June 1982. One of the major purposes of the meeting will be to settle the terms of the Headquarters Agreement between the Government of Australia and the
Commission. When the Headquarters Agreement has been finalised, it will be necessary to declare the Commission to be an organization to which the Act applies, and to accord the commission and persons associated with it certain privileges and immunities as provided in the Act. The extent of these privileges and immunities will be determined at the first meeting.
In order to facilitate the performance by the commission of its functions under the Convention on the Conservation of Antarctic Marine Living Resources, and in anticipation of a permanent regime of privileges and immunities to be accorded under the Headquarters Agreement, it is desirable that a regime of privileges and immunities should be made applicable to the Commission’s first meeting.
The proposed regulations declaring the first meeting of the Commission for the Conservation of Antarctic Marine Living Resources to be an International Conference for the purposes of Section 7(1) of the International Organizations (Privileges and Immunities) Act 1963 will have the effect of according diplomatic privileges and immunities to persons representing a country (other than Australia) or an appropriate international organization at the meeting and comparable privileges and immunities to the official staff of such representatives.
Members of the Secretariat to the meeting, who will all be Australians will be accorded immunity from suit and legal process in respect of their official acts only.
Overview
The International Organizations (Privileges and Immunities) Act 1963 was enacted by the Commonwealth Parliament to address the need for providing privileges and immunities to international organizations and their officials, thereby facilitating the effective functioning of these entities in Australia. The 1982 Commission for the Conservation of Antarctic Marine Living Resources (First Meeting) (Privileges and Immunities) Regulations were issued under the authority of the Minister of State for Foreign Affairs to implement these privileges and immunities for the first meeting of the Commission, held in Hobart. The policy objective of these regulations is to ensure the smooth operation of the Commission’s first meeting by granting necessary diplomatic protections to participating representatives and officials, thereby supporting the broader aims of the Convention on the Conservation of Antarctic Marine Living Resources.
Scope and Application
The International Organizations (Privileges and Immunities) Act 1963 applies to entities designated as international organizations, and these regulations specifically extend to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) during its first meeting in Hobart. This legislation is designed to grant certain privileges and immunities to the officials and staff of the CCAMLR and the representatives of participating countries and international organizations, facilitating the smooth operation of the meeting and its associated functions. The privileges and immunities are extended to those attending the meeting, excluding Australian Secretariat members who will receive immunity from legal processes only in respect of their official acts. The geographic reach of these regulations is limited to the CCAMLR's first meeting in Hobart, which is scheduled to occur between 25 May and 11 June 1982. The application of these regulations is further extended through subordinate instruments, which will determine the full scope of privileges and immunities once the Headquarters Agreement between the Australian Government and the CCAMLR is finalised.
Key Provisions
The main provisions of the "Commission for the Conservation of Antarctic Marine Living Resources (First Meeting) (Privileges and Immunities) Regulations 1982" are contained in the statutory rules (Statutory Rules 1982 No. 83). These regulations aim to provide privileges and immunities to individuals attending the first meeting of the Commission for the Conservation of Antarctic Marine Living Resources in Hobart, which is scheduled to take place between 25 May and 11 June 1982. These privileges and immunities are to be granted in accordance with the International Organizations (Privileges and Immunities) Act 1963, specifically under Section 7(1) which defines an International Conference (Section 1).
These regulations impose obligations on the parties involved in the meeting, primarily focusing on the individuals attending the first meeting of the Commission for the Conservation of Antarctic Marine Living Resources. For those attending from countries other than Australia, the regulations grant them diplomatic privileges and immunities, which include protection from legal processes and certain tax exemptions in relation to their official acts during the meeting (Section 2). For the official staff of these representatives, comparable privileges and immunities are provided (Section 3). Additionally, members of the Secretariat, who are all Australian citizens, are granted immunity from legal processes in respect of their official acts only (Section 4). These measures are intended to facilitate the smooth operation of the meeting and ensure the effective functioning of the Commission.
In terms of potential breaches of these regulations, the legislation does not explicitly outline specific offences, penalties, or consequences. However, it is likely that any breaches of the privileges and immunities granted by these regulations could potentially lead to legal challenges or diplomatic disputes. Given the context of the Convention on the Conservation of Antarctic Marine Living Resources, violations could impact international relations and the ability of the Commission to carry out its functions effectively. While the regulations themselves do not specify penalties, any legal actions arising from breaches would likely be governed by the broader legal framework under which the Convention operates, including possible recourse through diplomatic channels or international courts.