STATUTORY RULES.
1959. No. 33.
REGULATIONS UNDER THE DIPLOMATIC IMMUNITIES ACT 1952-1958.*
WHEREAS by section 7 of the Diplomatic Immunities Act 1952-1958 it is enacted that the regulations may provide that a person who holds a prescribed office in the service of the Government of a place (not being a country to which this Act applies) declared by the regulations to be a place within the Commonwealth of Nations to which this section applies is entitled to the immunity from suit and legal process, and to the inviolability of official premises and official archives, to which he would be entitled if he were a consular officer of a foreign sovereign power:
And whereas it is desirable—
(a) to declare that Malta, which is not a country to which that Act applies, is a place within the Commonwealth of Nations to which section 7 of that Act applies; and
(b) to provide that the persons who hold certain offices in the service of the Government of Malta are entitled to the immunity and the inviolability referred to in that section:
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Diplomatic Immunities Act 1952-1958.
Dated this 15th day of May, 1959.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for External Affairs.
Diplomatic Immunities Regulations.
Citation.
1. These Regulations may be cited as the Diplomatic Immunities Regulations.
Interpretation.
2. In these Regulations, “the Act” means the Diplomatic Immunities Act 1952-1958.
Declaration of Malta as a place for the purposes of section 7 of the Act.
3. Malta is declared to be a place within the Commonwealth of Nations to which section 7 of the Act applies.
* Notified in the Commonwealth Gazette on 28th May, 1959.
2557/59.―Price 3d. 9/6.4.1959.
Consular immunity of certain persons.
4.—(1.) For the purposes of section 7 of the Act, each of the following offices in the service of the Government of Malta is a prescribed office:—
(a) the office of Commissioner for Malta in Australia;
(b) the office of Secretary to the office of the Commissioner for Malta in Australia; and
(c) an office of Emigration Attaché to the office of the Commissioner for Malta in Australia.
(2.) A person who holds an office specified in the last preceding sub-regulation is entitled to the immunity from suit and legal process, and to the inviolability of official premises and official archives, to which he would be entitled if he were a consular officer of a foreign sovereign power.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Diplomatic Immunities Regulations, 1959, were enacted under the Diplomatic Immunities Act 1952-1958 to address the need for extending certain diplomatic immunities to officials of Malta within the Commonwealth of Nations. The regulations were introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, to provide specific immunity and inviolability for certain Maltese government officials in Australia. The primary objective, as stated, was to declare Malta as a place within the Commonwealth of Nations to which section 7 of the Diplomatic Immunities Act applies and to specify that certain officials in the service of the Government of Malta are entitled to the same immunities and protections as consular officers of a foreign sovereign power. This legislative measure aimed to ensure that diplomatic relations and the conduct of international affairs are conducted smoothly and without undue interference.
Scope and Application
The Diplomatic Immunities Regulations, made under the Diplomatic Immunities Act 1952-1958, extend the application of the Act to Malta, a place within the Commonwealth of Nations. These regulations specifically declare that Malta is subject to the provisions of section 7 of the Act, which pertains to the immunity from suit and legal process, as well as the inviolability of official premises and official archives. The regulations further specify that certain officials of the Maltese government, namely the Commissioner for Malta in Australia, the Secretary to the office of the Commissioner, and the Emigration Attaché, are entitled to the same immunities and inviolability as consular officers of foreign sovereign powers. This means that these individuals are protected from legal proceedings and their official properties are safeguarded, aligning Malta's officials with the diplomatic protections afforded under Australian law. The scope of these regulations is confined to the specified offices and does not extend to other persons or entities unless explicitly stated in subsequent subordinate instruments.
Key Provisions
The Diplomatic Immunities Regulations, made under the Diplomatic Immunities Act 1952-1958, primarily establish the parameters within which diplomatic immunity is extended to certain officials of Malta, a place declared within the Commonwealth of Nations for the purposes of section 7 of the Act (regulation 3). Specifically, the regulations declare Malta as a place within the Commonwealth of Nations to which section 7 of the Act applies (regulation 3). Furthermore, the regulations specify that the office of Commissioner for Malta in Australia, the office of Secretary to the office of the Commissioner for Malta in Australia, and the office of Emigration Attaché to the office of the Commissioner for Malta in Australia are prescribed offices (regulation 4(1)). Persons holding these offices are granted immunity from suit and legal process, as well as the inviolability of official premises and official archives, equivalent to that of a consular officer of a foreign sovereign power (regulation 4(2)).
The regulations impose certain obligations on the parties governed by them. Firstly, they necessitate the declaration of Malta as a place within the Commonwealth of Nations, thereby extending the scope of the Diplomatic Immunities Act 1952-1958 to include Malta (regulation 3). Secondly, they specify the particular offices within the Government of Malta that are entitled to diplomatic immunity and the associated protections (regulation 4). These obligations ensure that the designated Maltese officials in Australia receive the legal protections outlined in the Act, facilitating their official duties without undue legal interference.
Breach of the provisions within the Diplomatic Immunities Regulations may lead to legal consequences. Given that the regulations extend diplomatic immunity to specified officials, failure to respect the immunity and inviolability granted under section 7 of the Act could result in legal action. While specific penalties are not detailed within the regulations themselves, breaches of diplomatic immunity can typically lead to significant legal and diplomatic repercussions, including potential lawsuits and diplomatic disputes. The overarching consequence of disregarding these protections is the undermining of international relations and the legal framework designed to safeguard diplomatic functions.