Diplomatic Immunities Regulations (Amendment)

Legislation au C1965L00050 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1965. No. 50.

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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 that Act applies) declared by the regulations to be a place within the Commonwealth of Nations to which that 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, by regulations made under that Act, Hong Kong has been declared to be a place within the Commonwealth of Nations to which section 7 of that Act applies:

And whereas it is desirable to provide that persons who hold specified offices in the service of the Government of Hong Kong are entitled to the immunity and inviolability referred to in that section:

And whereas it is desirable—

(a) to declare that Fiji 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 person who holds an office in the service of the Government of Fiji is entitled to the immunity and 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 twenty-second day of April, 1965.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Minister of State for External Affairs.

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Amendments of the Diplomatic Immunities Regulations.†

1. Regulation 6 of the Diplomatic Immunities Regulations is repealed and the following regulations are inserted in its stead:—

Consular immunity of certain officers or the Government of Hong Kong.

“6.—(1.) For the purposes of section 7 of the Act, each of the following offices in the service of the Government of Hong Kong is a prescribed office:—

(a) the office of Hong Kong Government Trade Representative in Australia; and

(b) the office of Assistant Hong Kong Government Trade Representative in Australia.

 

* Notified in the Commonwealth Gazette on 30 April, 1965

† Statutory Rules 1959, No. 33, as amended by Statutory Rules 1962 No. 29.

9895/64.––Price 6d. 10/5.3.1965.

“(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.

Declaration of Fiji as a place for the purposes of section 7 of the Act.

“7. Fiji is declared to be a place within the Commonwealth of Nations to which section 7 of the Act applies.

Consular immunity of certain officers of the Government of Fiji.

“8.—(1.) For the purposes of section 7 of the Act, the office of Fiji Government Representative in Australia is a prescribed office.

“(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.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Diplomatic Immunities Regulations 1965 were enacted to amend the existing Diplomatic Immunities Regulations under the Diplomatic Immunities Act 1952-1958. This legislative instrument was introduced to address the need to provide specific diplomatic immunities and protections to certain officials from Hong Kong and Fiji. Enacted by the Governor-General in Council, the regulations aim to extend the diplomatic immunity provisions to specified officials of Hong Kong and Fiji, thereby ensuring that these officials enjoy the same level of immunity and inviolability as consular officers of foreign sovereign powers. The overarching policy objective is to facilitate diplomatic relations and protect the officials in their duties within Australia, reflecting the evolving diplomatic landscape and the importance of international cooperation.

Scope and Application

The Diplomatic Immunities Regulations, made under the Diplomatic Immunities Act 1952-1958, pertain to specific officers of the governments of Hong Kong and Fiji who are granted immunity from suit and legal process, as well as inviolability of official premises and archives. These regulations apply to individuals holding prescribed offices in the service of the governments of Hong Kong and Fiji, extending the diplomatic immunities typically afforded to consular officers of foreign sovereign powers. Specifically, the office of the Hong Kong Government Trade Representative in Australia, the Assistant Hong Kong Government Trade Representative in Australia, and the office of the Fiji Government Representative in Australia are designated as prescribed offices under these regulations. These provisions are applicable within the jurisdiction of Australia, extending diplomatic immunities to these specified government officers, thereby safeguarding them from legal proceedings and ensuring the protection of their official premises and archives. The regulations also declare Fiji as a place within the Commonwealth of Nations to which section 7 of the Act applies, further extending the scope of these immunities to include Fijian government representatives in Australia.

Key Provisions

The main operative sections of the Diplomatic Immunities Regulations 1965 clarify the immunity and inviolability granted to certain officials from Hong Kong and Fiji. Specifically, Regulation 6(1) designates the offices of the Hong Kong Government Trade Representative in Australia and the Assistant Hong Kong Government Trade Representative in Australia as prescribed offices. These officials are granted immunity from suit and legal process, as well as inviolability of their official premises and archives, as outlined in Regulation 6(2). Similarly, Regulation 8(1) identifies the office of the Fiji Government Representative in Australia as a prescribed office, with the same immunity and inviolability rights conferred upon this official under Regulation 8(2). The Act imposes specific obligations and requirements on these officials, ensuring that they are granted the same level of protection as consular officers of a foreign sovereign power. For officials from Hong Kong and Fiji, this means they are shielded from legal processes and their official premises and archives are protected from intrusion. The obligations include maintaining the confidentiality and integrity of official documents and premises, and adhering to the conditions set out by the Diplomatic Immunities Act 1952-1958. Breaches of the immunity and inviolability provisions under these Regulations can lead to various legal consequences. While the Regulations themselves do not specify penalties, breaches of the Diplomatic Immunities Act 1952-1958, which the Regulations implement, could result in both civil and criminal consequences. Civil consequences might include lawsuits for damages if the immunity is disregarded, while criminal consequences could involve prosecution for offenses related to the unauthorized intrusion or legal action against the officials. The penalties for such breaches would typically align with those applicable under the broader Diplomatic Immunities Act, which could include fines and imprisonment, depending on the severity of the breach.

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Area of Law
International Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Diplomatic Immunity

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.