Commission for the Conservation of Southern Bluefin Tuna (Privileges and Immunities) Regulations (Amendment) 1997 No. 352
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 352
Issued by the Authority of the Minister for Foreign Affairs
International Organisations (Privileges and Immunities) Act 1963
Commission for the Conservation of Southern Bluefin Tuna (Privileges and Immunities) Regulations (Amendment)
Section 13 of the International Organisations (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 this Act to be prescribed, or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
The Commission for the Conservation of Southern Bluefin Tuna ("the Commission") was established by an agreement concluded at Canberra on 10 May 1993 and which entered into force on 20 May 1994, and Australia has negotiated a Headquarters Agreement with the Commission ("the Headquarters Agreement") giving effect to the decision, of die Commission to establish its Secretariat and headquarters in Canberra. The Commission for the Conservation of Southern Bluefin Tuna ("the Commission") was established by an agreement concluded at Canberra on 10 May 1993 and which entered into force on 20 May 1994.
The purpose of the Regulations is to give effect to an outstanding provision in the Headquarters Agreement not included in Regulations made under the Act in April 1996 - the Commission for the Conservation of Southern Bluefin Tuna (Privileges and Immunities) Regulations ("the principal Regulations") - to enact all but that one provision of the draft (as it then was) Headquarters Agreement into Australian law. The Act did not until recently permit the exemption from sales tax of goods purchased by international organisations such as the Commission. The Foreign Affairs and Trade Legislation Amendment Act 1997, which received the Royal Assent on 17 October 1997, inserted into the Act a new section 11 A, subsection (1) of which permits regulations to be made providing for sales tax not to be payable in respect of goods sold to an international organisation with its headquarters in Australia, if the goods purchased by the organisation are necessary for its official use.
The Regulations give effect in Australian law to this remaining provision of the Headquarters Agreement by exempting goods sold to the Commission from liability to sales tax, if the goods purchased by the Commission are necessary for its official use. They also effect a number of minor technical amendments.
Details of the Regulations are as follows:
Regulation 1 provides for the principal Regulations to be amended by these Regulations.
Regulation 2 updates the interpretation provision of the principal Regulations to reflect an orthographical change in the name of the Act brought about by the Foreign Affairs and Trade Legislation Amendment Act 1997.
Regulation 3 is a consequential amendment to Regulation 4, amending existing regulation 5 (hitherto the source of all the Commission's privileges and immunities) to make clear that newly inserted regulation 9A is now also to be such a source.
Regulation 4 inserts into the principal Regulations a new regulation 9A exempting from liability to sales tax goods purchased by the Commission for its official use that are necessary for the conduct of its business.
Regulation 5 rectifies a drafting error in the principal Regulations.
The Regulations commence on Gazettal.
Overview
The Commission for the Conservation of Southern Bluefin Tuna (Privileges and Immunities) Regulations (Amendment) 1997 No. 352, issued under the authority of the Minister for Foreign Affairs, amends the existing regulations concerning the privileges and immunities of the Commission for the Conservation of Southern Bluefin Tuna established under an agreement in 1993. The primary objective of these regulations is to implement an outstanding provision from the Headquarters Agreement, which was not included in the original regulations made in April 1996, relating to the exemption of sales tax on goods purchased by the Commission for official use. This amendment was necessitated by the enactment of the Foreign Affairs and Trade Legislation Amendment Act 1997, which introduced a provision permitting the exemption of sales tax on goods sold to international organisations headquartered in Australia. The Regulations, therefore, ensure compliance with the Headquarters Agreement by exempting goods sold to the Commission from sales tax, provided these goods are necessary for its official functions.
Scope and Application
The Commission for the Conservation of Southern Bluefin Tuna (Privileges and Immunities) Regulations (Amendment) 1997 No. 352 applies to the Commission for the Conservation of Southern Bluefin Tuna, an international organisation established by an agreement that entered into force on 20 May 1994, with its headquarters in Canberra, Australia. The Regulations are made under the International Organisations (Privileges and Immunities) Act 1963 and serve to provide certain privileges and immunities to the Commission, including the exemption of goods necessary for its official use from sales tax. This Act applies to the Commonwealth jurisdiction and extends to include the Commission, its officials, employees, and agents, as well as the goods and property used by the Commission for its official purposes. The Regulations also provide for minor technical amendments to correct drafting errors and update the interpretation provisions to reflect changes in the Act. The scope of these Regulations is limited to the specific provisions of the Headquarters Agreement between Australia and the Commission and does not extend to other international organisations unless expressly included by further regulations under the Act.
Key Provisions
The Commission for the Conservation of Southern Bluefin Tuna (Privileges and Immunities) Regulations (Amendment) 1997 No. 352, made under the International Organisations (Privileges and Immunities) Act 1963, include several key provisions. Regulation 1 amends the principal regulations, ensuring they are updated in line with the new legislative amendments. Regulation 2 updates the interpretation provision to reflect changes in the Act's name due to the Foreign Affairs and Trade Legislation Amendment Act 1997. Regulation 3, as a consequential amendment, clarifies that Regulation 4's newly inserted Regulation 9A now serves as a source of the Commission's privileges and immunities. Regulation 4 introduces a new Regulation 9A, exempting goods purchased by the Commission for its official use from sales tax, provided these goods are necessary for the conduct of its business. Regulation 5 corrects a drafting error in the principal regulations. These regulations ensure that the Commission can operate effectively within Australia, with necessary clarifications and exemptions.
The obligations and requirements imposed by these Regulations on the parties governed by them are primarily concerned with ensuring the smooth operation of the Commission within Australia. They require that the principal Regulations be amended to reflect the changes brought about by the new legislation, including updates to terminology and clarifications regarding the source of the Commission's privileges and immunities. The Regulations also mandate that goods purchased by the Commission for its official use be exempt from sales tax, provided they are necessary for its business. These obligations are designed to facilitate the Commission's activities in Australia, ensuring it can function without unnecessary financial burdens.
The Regulations also outline the consequences for non-compliance. Although specific offences and penalties are not detailed in the text, the overarching legislation, the International Organisations (Privileges and Immunities) Act 1963, provides a framework for potential civil and criminal consequences for breaches. Under the Act, unauthorised actions that contravene the privileges and immunities granted could lead to legal actions, including fines and other penalties as prescribed by law. The specific penalties would depend on the nature and severity of the breach, but they could include substantial financial penalties and possible legal actions against individuals or entities found to be in breach. The Regulations, therefore, serve to ensure compliance and to protect the interests of the Commission and its operations in Australia.