EXPLANATORY STATEMENT
INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT
1963 - COMMISSION FOR THE CONSERVATION OF ANTARCTIC
MARINE LIVING RESOURCES (PRIVILEGES AND IMMUNITIES)
REGULATIONS (AMENDMENT)
Statutory Rules 1983 No. 145 Issued by authority of the Minister of State for Foreign Affairs.
The purpose of these amendments to the above regulations is to accord privileges and immunities to representatives of members of the Commission for the Conservation of Antarctic Marine Living Resources attending the Second Meeting of the Commission in Hobart.
The Second Meeting of the Commission will be held in Hobart between 29 August and 9 September 1983. 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. 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 Second Meeting.
By Statutory Rules No. 22 of 1983, the Commission was declared to be an organisation to which the International Organizations (Privileges and Immunities) Act 1963 applies, and
the Commission and its staff were given a range of privileges and immunities necessary for the performance of their functions.
The amendments will have the effect of according privileges and immunities to persons representing countries other than Australia, and an appropriate international organisation, at the meeting. This will be in accordance with international practice.
Privileges and immunities to which such persons will be entitled include immunity from arrest and detention, immunity from suit and other legal process in respect of official acts, inviolability of papers, the right to use codes and to send documents in sealed bags, exemption from immigration and national service laws, and exemption from currency and exchange restrictions.
The immunity from suit in respect of official acts will continue after the completion of the representative’s functions.
Overview
The International Organizations (Privileges and Immunities) Act 1963 was enacted to provide a legal framework for the operation of international organisations within Australia, ensuring that they can perform their functions effectively without undue interference. These regulations, specifically the Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations (Amendment) Statutory Rules 1983 No. 145, were introduced to address the need for granting privileges and immunities to representatives attending the Second Meeting of the Commission in Hobart. This was necessitated by the requirement to facilitate the Commission's functions under the Convention on the Conservation of Antarctic Marine Living Resources and to anticipate the permanent regime of privileges and immunities to be established under the Headquarters Agreement between the Government of Australia and the Commission. The amendments aim to ensure that representatives of member countries and international organisations attending the meeting are afforded the necessary protections, including immunity from legal processes, inviolability of documents, and exemptions from various national laws and restrictions, in line with international practice.
Scope and Application
The International Organizations (Privileges and Immunities) Act 1963, as amended by the Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations (Amendment) Statutory Rules 1983 No. 145, applies to representatives of member states and an appropriate international organisation attending the Second Meeting of the Commission in Hobart. These privileges and immunities are granted to facilitate the Commission's functions under the Convention on the Conservation of Antarctic Marine Living Resources. The amendments extend the privileges and immunities to persons representing countries other than Australia, ensuring alignment with international practice. These privileges include immunity from arrest, legal processes related to official acts, inviolability of documents, use of codes, exemption from immigration and national service laws, and currency exchange restrictions. Notably, the immunity from legal action for official acts persists beyond the completion of the representative's duties. The application of these provisions is geographically confined to the event in Hobart and is intended to support the Commission's operations during the specified timeframe.
Key Provisions
The key operative sections of these regulations, as detailed in Statutory Rules No. 22 of 1983, are amended to extend the privileges and immunities previously granted to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) and its staff to include representatives attending the Second Meeting of the Commission. Section 4 of the International Organizations (Privileges and Immunities) Act 1963, which outlines the privileges and immunities applicable to international organizations and their officials, is extended through these amendments to cover representatives from member states and an appropriate international organization attending the meeting in Hobart. This extension ensures that these individuals enjoy the same protections and exemptions as the CCAMLR officials, facilitating their effective participation in the meeting’s proceedings.
The amendments impose specific obligations on the parties governed by these regulations. Representatives of member states and international organizations attending the Second Meeting of the CCAMLR are granted immunity from arrest and detention, immunity from suit and other legal processes in respect of their official acts, inviolability of their papers, the right to use codes and send documents in sealed bags, exemption from immigration and national service laws, and exemption from currency and exchange restrictions. These obligations ensure that the representatives can perform their duties without interference and that the meeting can proceed smoothly and effectively.
In the event of a breach of these provisions, there are specific penalties and consequences outlined under the International Organizations (Privileges and Immunities) Act 1963. While the regulations themselves do not specify maximum penalties, breaches of the Act generally attract criminal penalties, including fines and imprisonment. Additionally, civil consequences can include lawsuits for damages if the immunity provisions are violated. These penalties are intended to uphold the integrity of the international meeting and the privileges granted to the representatives under the Act.