Common Fund for Commodities (Privileges and Immunities) Regulations (Repeal)

Overview

The Common Fund for Commodities (Privileges and Immunities) Regulations (Repeal) Statutory Rules 1997 No. 259, enacted on 17 September 1997, was made under the International Organizations (Privileges and Immunities) Act 1963 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This legislative instrument repealed the previous Statutory Rules 1985 No. 20, which had established the regulations for the privileges and immunities of the Common Fund for Commodities. The repeal aimed to streamline and update the legislative framework governing the privileges and immunities associated with international organisations operating within Australia, reflecting any changes in international obligations or domestic policies since the original enactment. The policy objective underpinning this repeal was to ensure that Australia's legislative provisions remain aligned with current international standards and practices concerning the immunities and privileges of international organisations.

Scope and Application

The Common Fund for Commodities (Privileges and Immunities) Regulations (Repeal) 1997 serves to repeal the existing regulations pertaining to the Common Fund for Commodities (Privileges and Immunities) Regulations of 1985. This repeal is made under the authority of the International Organizations (Privileges and Immunities) Act 1963, thereby affecting the legal framework that governs the privileges and immunities applicable to the Common Fund for Commodities. The repeal applies to the Commonwealth of Australia, indicating its national jurisdictional reach. The repealed regulations would have previously applied to the entities involved with the Common Fund for Commodities, potentially including its officials, staff, and assets. By repealing these regulations, the scope of the privileges and immunities previously afforded to the Common Fund for Commodities under Australian law is effectively withdrawn. This legislative change signifies a shift in the legal treatment of the fund within Australia, although the specifics of the repealed regulations and their implications are no longer in effect following this repeal.

Key Provisions

The main operative sections of the Statutory Rules 1997 No. 259 relate to the repeal of the existing Common Fund for Commodities (Privileges and Immunities) Regulations (1985 No. 20). This repeal signifies that the specific privileges and immunities previously granted under the repealed regulations are no longer in effect, thereby altering the legal framework that governed the operations of the Common Fund for Commodities within Australia. The regulation explicitly states that it commences on the date of gazettal, which means that the repeal took effect immediately upon its publication in the Commonwealth of Australia Gazette on 24 September 1997 (section 1). These regulations impose obligations on parties and entities that were previously subject to the repealed privileges and immunities. By repealing the earlier regulations, it effectively removes the special legal protections that were previously afforded to the Common Fund for Commodities, its officials, and its operations. This means that the Fund and its related activities would now be subject to the general Australian legal framework, without the special privileges that previously shielded it from certain legal processes and obligations. Under this regulation, any breach of the repealed regulations would no longer constitute an offence, as the regulations themselves have been repealed. Consequently, there are no specific offences or penalties outlined in this legislation related to the repealed privileges and immunities. However, the repeal might have broader implications for any ongoing or future legal actions or obligations that were contingent on the existence of the repealed regulations. The maximum penalties or consequences for non-compliance would depend on the specific laws or regulations that now apply to the Common Fund for Commodities following the repeal of these privileges and immunities.