Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983

Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983

Statutory Rules No. 22, 1983

made under the

International Organisations (Privileges and Immunities) Act 1963

Compilation No. 5

Compilation date: 1 July 2000

Includes amendments: F2000B00208

About this compilation

This compilation

This is a compilation of the Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations that shows the text of the law as amended and in force on 1 July 2000 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Citation

2 Interpretation

3 Act to apply to Commission

4 Commission to have juridical personality and legal capacities

5 Privileges and immunities of Commission

6 Limitation on immunity from suit etc.

7 Limitations on inviolability of premises

8 Limitation on exemption of property etc. of Commission from restrictions and controls

9 Limitation on exemption from taxes etc.

9A Privileges and immunities of Executive Secretary

10 Privileges and immunities of officers of Commission

10A Privileges and immunities of representatives attending conferences convened by Commission

10B Privileges and immunities of experts working with the Commission

11 Waiver of privileges and immunities

12 Privileges and immunities subject to quarantine laws etc.

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name of Regulations

  These Regulations are the Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983.

2  Definitions

  In these Regulations, unless the contrary intention appears:

Commission means the Commission for the Conservation of Antarctic Marine Living Resources.

Executive Secretary means the Executive Secretary of the Commission;

member of the family or family member, in relation to a person (the first person), means a person who is:

 (a) a part of the first person’s household; and

 (b) any of the following members of the first person’s family:

 (i) the first person’s spouse;

 (ii) an unmarried child who is under the age of 21 years;

 (iii) an unmarried child who is under the age of 25 years and is undertaking full-time studies at an Australian educational institution;

 (iv) an unmarried child who is incapable of self‑support because of a physical or mental disability.

serious offence means an offence under any law of the Commonwealth or a State or a Territory for which, if the offence had taken place in the Jervis Bay Territory, a person would be liable, on first conviction, to imprisonment for a period of not less than 5 years;

taxable supply has the meaning given by section 195-1 of the GST Act.

tax invoice has the meaning given by section 29-70 of the GST Act.

the Act means the International Organisations (Privileges and Immunities) Act 1963.

3  Act to apply to Commission

  The Commission is declared to be an international organisation to which the Act applies.

4  Commission to have juridical personality and legal capacities

  The Commission:

 (a) is a body corporate with perpetual succession;

 (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 instituting legal proceedings.

5  Privileges and immunities of Commission

  Subject to regulations 6, 7, 8, 9 and 9AA, the Commission has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10 and 12 of the First Schedule to the Act.

6  Limitation on immunity from suit etc.

  The immunity from suit and from other legal process conferred by regulation 5 on the Commission does not extend to immunity from a suit or other legal process:

 (a) for the recovery of damages in respect of any damage, injury or death resulting from an accident in which a motor vehicle owned by, or operated on behalf of, the Commission was involved;

 (b) in relation to:

 (i) any contract entered into by the Commission for the supply of goods or sevices;

 (ii) any loan, or other transaction for the provision of finance, by or to the Commission; or

 (iii) any contract of guarantee or indemnity to which the Commission is a party;

 (c) by way of, or in relation to, a counter‑claim made against the Commission by a party to proceedings instituted by the Commission; or

 (d) in respect of the attachment, in accordance with a final order of a Court, of any amount payable as salary, wages or other remuneration by the Commission to any person who holds an office in the Commission or any expert assisting the Commission.

7  Limitations on inviolability of premises

 (1) Where, in the event of a fire or other emergency, immediate entry to any premises of, or occupied by, the Commission is necessary for the purpose of protecting life or property or bringing the fire or other emergency under control, regulation 5 does not operate to affect the application, in relation to those premises, of any law of the Commonwealth, of a State or of a Territory that authorizes a person, in such an event, to enter premises (without the consent of the owner or occupier of the premises, if necessary) for the purpose of exercising any of his powers or performing any of his duties under that law.

 (2) Subregulation (1) does not prejudice any immunity from suit or from other legal process conferred by these Regulations.

8  Limitation on exemption of property etc. of Commission from restrictions and controls

  The exemption conferred by regulation 5 in respect of the property and assets of the Commission ceases to apply to any such property or assets where that property has, or those assets have, been abandoned by the Commission for a period exceeding 12 months.

9  Limitation on exemption from taxes etc.

 (1) The Commission is not, by virtue of regulation 5, exempt from such national, regional or municipal dues and taxes in respect of the premises of the Commission, whether owned or leased, as represent payment for specific services rendered.

 (2) The Commission is not, by virtue of regulation 5, exempt from liability to pay taxes on the income of the Commission unless the Commission is in like manner exempted from that liability under the law of each country other than Australia that is a member of the Commission.

 (3) The exemption conferred by regulation 5 on the Commission from duties and taxes in respect of:

 (a) goods imported by the Commission into Australia; or

 (b) goods purchased or manufactured by the Commission in Australia,

ceases to apply in relation to any goods so imported, manufactured or purchased where those goods are donated, sold, lent, or otherwise disposed of, in Australia, by the Commission otherwise than in accordance with conditions agreed upon in advance between the Commission and the Commonwealth of Australia.

9AA  Exemption from sales tax

 (1) The transactions of the Commission are not exempt from sales tax except as mentioned in subregulation (2).

 (2) Sales tax is not payable in respect of goods purchased by the Commission if the goods:

 (a) are for the official use of the Commission (including official entertainment by the Commission); and

 (b) are reasonably necessary for conduct of the Commission’s business.

9A  Privileges and immunities of Executive Secretary

 (1) The office of Executive Secretary is a high office in the Commission.

 (2) Subject to sub-regulations (4) and (5), a person who holds, or is performing the duties of, the office of Executive Secretary has the privileges and immunities specified in Part I of the Second Schedule to the Act.

 (3) Subject to sub-regulation (5), a person who has ceased to hold, or perform the duties of, the office of Executive Secretary has the immunities specified in Part II of the Second Schedule to the Act.

 (4) The privileges and immunities conferred on a person under sub-regulation (2) do not apply in respect of a child of such a person where that child has attained the age of 18 years.

 (5) The privileges and immunities conferred on a person by sub-regulation (2), or the immunities conferred on a person by sub-regulation (3), do not extend to a person who is an Australian citizen or a permanent resident of Australia.

10  Privileges and immunities of officers of Commission

 (1) Subject to subregulations (2), (5) and (6), a person who holds an office in the Commission has the privileges and immunities specified in paragraphs 1, 2 and 3 of Part I of the Fourth Schedule to the Act.

 (2) The salary and emoluments received from the Commission by a person who holds an office in the Commission, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936, are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person is not an Australian citizen and came to Australia solely for the purpose of performing duties of the office in the Commission held by him.

 (3) A person who holds an office in the Commission and is not:

 (a) an Australian citizen; or

 (b) a person permanently resident in Australia,

has, in addition to the privileges and immunities referred to in subregulation (1), the privileges and immunities specified in paragraphs 4, 5, 6 and 7 of Part I of the Fourth Schedule to the Act.

 (3A) A person who holds an office in the Commission and is:

 (a) an Australian citizen; or

 (b) a person permanently resident in Australia,

has, where the name of that person is included in a list that, for the purposes of this provision, has been:

 (c) drawn up by the Executive Secretary; and

 (d) approved by the Minister by instrument in writing,

the privilege specified in paragraph 4 of Part I of the Fourth Schedule to the Act.

 (4) Subject to subregulation (5), a person who has ceased to hold an office in the Commission has the immunities specified in Part II of the Fourth Schedule to the Act.

 (5) The immunities conferred on a person by subregulation (1) or (4) do not extend to immunity from a suit or other legal process:

 (a) for the recovery of damages in respect of any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or

 (b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.

 (6) The privilege specified in paragraph 3 of Part I of the Fourth Schedule to the Act, being a privilege conferred under subregulation (1) on a person who holds an office in the Commission, does not apply in respect of a child of such a person where that child has attained the age of 18 years.

10A  Privileges and immunities of representatives attending conferences convened by Commission

 (1) Subject to subregulations (3) and (4), a person who is in attendance at an international conference convened by the Commission as a representative of:

 (a) a country other than Australia;

 (b) an international organisation (other than the Commission) to which the Act applies; or

 (c) an overseas organisation to which the Act applies,

has the privileges and immunities specified in Part I of the Third Schedule to the Act.

 (2) Subject to subregulation (4), a person who has attended an international conference convened by the Commission as a representative of:

 (a) a country other than Australia;

 (b) an international organisation (other than the Commission) to which the Act applies; or

 (c) an overseas organisation to which the Act applies,

has the immunities specified in Part II of the Third Schedule to the Act.

 (3) The immunities conferred on a person by subregulation (1) do not extend to immunity from personal arrest and detention where such a person is found committing, attempting to commit or just having committed a serious offence.

 (4) The immunities conferred on a person by subregulation (1) or (2), as the case requires, do not extend to immunity from a suit or other legal process:

 (a) for the recovery of damages in respect of any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or

 (b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.

10B  Privileges and immunities of experts working with the Commission

 (1) Subject to subregulations (4) and (5), a person who is serving on a committee, or is participating in the work, of the Commission or is performing, whether alone or jointly with other persons, a mission on behalf of the Commission has the privileges and immunities specified in paragraphs 2 and 3 of Part I of the Fifth Schedule to the Act.

 (2) Subject to subregulation (5), a person who has served on a committee, or participated in the work, of the Commission or performed a mission on behalf of the Commission has the immunities specified in Part II of the Fifth Schedule to the Act.

 (3) Where a person referred to in subregulation (1) is not:

 (a) an Australian citizen; or

 (b) a person permanently resident in Australia, that person has, in addition to the privileges and immunities referred to in that subregulation, the privileges and immunities specified in paragraphs 1, 5 and 6 of Part I of the Fifth Schedule to the Act.

 (4) The immunities conferred on a person by subregulation (1) do not extend to immunity from personal arrest and detention where such a person is found committing, attempting to commit or just having committed a serious offence.

 (5) The immunities conferred on a person by subregulation (1) or (2) do not extend to immunity from a suit or other legal process:

 (a) for the recovery of damages in respect of any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or

 (b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.

10C  Indirect tax concession scheme—acquisitions

 (1) For paragraph 11C(1)(a) of the Act, acquisitions by the Commission are covered by these Regulations.

 (2) However, an acquisition by the Commission is covered by these Regulations only if, at the time of the acquisition, it was intended for the official use of the Commission.

 (3) For paragraph 11C(1)(a) of the Act, the following acquisitions by a person mentioned in subregulation (4) are covered by these Regulations:

 (a) an acquisition of any of the following, on a single tax invoice for a taxable supply of at least $200 (including indirect tax):

 (i) goods (by purchase or lease);

 (ii) removal of goods services;

 (b) an acquisition of goods that are freed from duties of excise by subregulation 9A(2);

 (c) an acquisition of warehoused goods (within the meaning of the Customs Act 1901), the importation of which is covered by an immunity from taxation (including customs duties) conferred by these Regulations.

 (4) For subregulation (3), the person is a person who holds, or is performing the duties of, the office of Executive Secretary and who is not:

 (a) an Australian citizen; or

 (b) a permanent resident of Australia.

 (5) However:

 (a) an acquisition by a person mentioned in subregulation (4) is covered by these Regulations only if, at the time of the acquisition, it was intended for the personal use of the person, or of a member of the family of the person; and

 (b) an acquisition of a motor vehicle for the personal use of a person mentioned in subregulation (4) is covered by these Regulations only if:

 (i) the vehicle was acquired in exceptional circumstances to replace a motor vehicle for which the person received:

 (A) a concession under section 11C of the Act; or

 (B) an exemption from indirect tax under section 11B of the Act; or

 (ii) within the previous 3 years, the person has not received:

 (A) a concession under section 11C of the Act for the acquisition of another motor vehicle; or

 (B) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle; and

 (c) an acquisition of a motor vehicle for the personal use of a member of the family of a person mentioned in subregulation (4) is covered by these Regulations only if:

 (i) the vehicle is acquired in exceptional circumstances to replace a motor vehicle for which the person received:

 (A) a concession under section 11C of the Act; or

 (B) an exemption under section 11B of the Act; or

 (ii) the family member is eligible to hold a driver’s licence that is valid in Australia and, within the previous 3 years, the person has not received:

 (A) a concession under section 11C of the Act for the acquisition of another motor vehicle for the personal use of a family member; or

 (B) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle for the personal use of a family member.

 (6) For paragraph 11C(1)(a) of the Act, the acquisition of a locally-manufactured motor vehicle by a person who holds an office in the Commission, for the personal use of the person or of a member of the family of the person, is covered by these Regulations if:

 (a) the vehicle is acquired within the first 6 months of the person’s installation in Australia and the person has not previously received:

 (i) a concession under section 11C of the Act for the acquisition of another motor vehicle; or

 (ii) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle; or

 (b) the vehicle is acquired in exceptional circumstances to replace a motor vehicle for which the person has received:

 (i) a concession under section 11C of the Act; or

 (ii) an exemption from indirect tax under section 11B of the Act.

 (7) In subparagraphs (5)(b)(i) and (c)(i) and paragraph (6)(b):

exceptional circumstances, in relation to the replacement of a motor vehicle, includes the original vehicle being stolen or damaged beyond repair.

Note: Section 11C of the Act establishes an indirect tax concession scheme that provides for reimbursement by the Commissioner of Taxation of indirect tax payable for acquisitions covered by these Regulations.

10D  Indirect tax concession scheme—conditions

 (1) For paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable only if the following conditions are satisfied:

 (a) the person who made the acquisition is subject to an agreement in writing between the Commission and the Commonwealth to repay to the Commonwealth the amount worked out under subregulation (2) if:

 (i) for a payment in relation to an acquisition of a motor vehicle—the person disposes of the motor vehicle (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 3 years after it was acquired; or

 (ii) for a payment in relation to an acquisition of goods other than a motor vehicle—the person disposes of the goods (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after they were acquired; or

 (iii) for a payment in relation to an acquisition of services or any other acquisition—the person assigns the services to another person (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;

 (b) if the person has breached a previous agreement under paragraph (a)—the person complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the person complies with the agreement.

 (2) For subparagraphs (1)(a)(i) and (ii):

 (a) a sale of goods to a finance company as part of a sale and lease-back arrangement is not a disposal of the goods; and

 (b) a person (the first person) is taken to have disposed of goods to which 1 of those subparagraphs applies within the period mentioned in that subparagraph to a person who is not entitled to an indirect tax concession in relation to similar acquisitions if:

 (i) the first person disposes of the goods to a person (the second person) who is entitled to the concession; and

 (ii) the second person disposes of the goods to another person; and

 (iii) the series of disposals of the goods to other persons continues (if necessary) until the goods are eventually acquired, within the period mentioned in that paragraph, by a person who is not entitled to the concession.

 (3) For paragraph (1)(a), the amount to be repaid is:

 (a) for an acquisition to which subparagraph (1)(a)(i) or (ii) applies—the proportion of the amount paid under section 11C of the Act in relation to the acquisition that is equal to the proportion of the period mentioned in that subparagraph remaining after the person disposes of the goods; and

 (b) for an acquisition to which subparagraph (1)(a)(iii) applies—the amount paid under section 11C of the Act in relation to the acquisition.

 (4) However, for an acquisition to which subparagraph (1)(a)(i) or (ii) applies, a person is not required to repay an amount paid under section 11C of the Act in relation to a lease payment that relates to a period before the person disposes of the goods.

 (5) The amount mentioned in subsection 11C(1) of the Act is not payable if:

 (a) an amount was payable for a similar acquisition; and

 (b) the Minister tells the person in writing that, in his or her opinion, the person’s reasonable needs were met by that acquisition.

 (6) In this regulation, person includes the Commission.

10E  Indirect tax concession scheme—claim for payment

  A claim for payment under regulation 10C:

 (a) must be signed by, or for, the Executive Secretary; and

 (b) must be sent with the tax invoice for the acquisition; and

 (c) must be sent:

 (i) for an acquisition of a motor vehicle—to the Protocol Branch of the Department of Foreign Affairs and Trade; or

 (ii) in any other case—to the Australian Taxation Office; and

 (d) for an acquisition of a motor vehicle or an acquisition of real property by lease—may be sent at any time after the acquisition; and

 (e) for an acquisition that is subject to an arrangement between the Commission and the Commonwealth and the Commission for reimbursement of indirect tax, except an acquisition of real property by lease—may only be sent:

 (i) in accordance with the arrangement; or

 (ii) if the arrangement does not specify a time when a claim may be sent:

 (A) with another claim; or

 (B) at least 3 months after another claim from the Commonwealth Secretariat is sent; and

 (f) for an acquisition that is not mentioned in paragraph (d) or (e)—may only be sent:

 (i) with another claim; or

 (ii) at least 3 months after another claim from the Commission.

Note: Paragraphs 10E(e) and (f) are intended to limit the number of claims from the Commission to one in each quarter, to minimise delays in the processing of claims.

10F  Indirect tax concession scheme—manner of payment

  For paragraph 11C(3)(b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by, or for, the Executive Secretary.

11  Waiver of privileges and immunities

 (1) The Commission may waive any privileges and immunities to which:

 (a) the Commission; or

 (b) a person who holds, or has ceased to hold, the office of Executive Secretary of the Commission,

is entitled by virtue of these Regulations.

 (2) The Executive Secretary to the Commission may waive any privileges and immunities to which a person (other than the Executive Secretary to the Commission) is entitled by virtue of regulation 10.

 (3) The government of a country may waive any privileges and immunities to which:

 (a) a person who is, or has been, in attendance at an international conference convened by the Commission as a representative of that country; or

 (b) a person who is, or has been during any period, a member of the official staff of a person referred to in paragraph (a),

is entitled to by virtue of the Act or these Regulations.

 (4) The principal executive official of:

 (a) an international organisation (other than the Commission) to which the Act applies; or

 (b) an overseas organisation to which the Act applies,

may waive any privileges and immunities to which:

 (c) a person who is, or has been, in attendance at an international conference convened by the Commission as a representative of that organisation; or

 (d) a person who is, or has been during any period, a member of the official staff of a person referred to in paragraph (c);

is entitled to by virtue of the Act or these Regulations.

12  Privileges and immunities subject to quarantine laws etc.

  Nothing in these Regulations affects the application of any law of the Commonwealth, of a State or of a Territory relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, Australia, that State or that Territory, as the case may be, of any animals, plants or goods, but this regulation does not prejudice the immunity from suit or from other legal process conferred by these Regulations.

13  Delegation

 (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person the Minister’s powers under paragraphs 10D(1)(b) and (5)(b) of these Regulations.

 (2) A power delegated under subregulation (1), when exercised by the delegate, is taken to have been exercised by the Minister.

 (3) A delegation of power under subregulation (1) does not prevent the exercise of the power by the Minister.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history