Statutory Rules
1980 No. 308
REGULATION UNDER THE DIPLOMATIC PRIVILEGES AND IMMUNITIES ACT 19671
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Diplomatic Privileges and Immunities Act 1967.
Dated this twenty-first day of October 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
ANDREW PEACOCK
Minister of State for Foreign Affairs
AMENDMENT OF THE DIPLOMATIC PRIVILEGES AND IMMUNITIES REGULATIONS2
Regulations 3, 4, 5 and 6 of the Diplomatic Privileges and Immunities Regulations are repealed and the following regulation is substituted:
Declaration of European Communities
“3. (1) The group of organizations known as the European Communities is declared to be an international organization for the purposes of sub-section 5A (1) of the Act.
“(2) The organ known as the Commission of the European Communities is specified in relation to the European Communities for the purposes of paragraph 5A (2) (b) of the Act.
“(3) In this regulation —
‘Commission of the European Communities’ means the Commission established by the treaty known as the Treaty Establishing a Single Council and a Single Commission of the European Communities signed at Brussels on 8 April 1965;
‘European Atomic Energy Community’ means the Community established by the treaty known as the Treaty Establishing the European Atomic Energy Community signed at Rome on 25 March 1957;
‘European Coal and Steel Community’ means the Community established by the treaty known as the Treaty Establishing the European Coal and Steel Community signed at Paris on 18 April 1951;
‘European Communities’ means the group of organizations constituted by the European Atomic Energy Community, the European Coal and Steel Community and the European Economic Community;
‘European Economic Community’ means the Community established by the treaty known as the Treaty Establishing the European Economic Community signed at Rome on 25 March 1957.”.
1. Notified in the Commonwealth of Australia Gazette on 28 October 1980.
2. Statutory Rules 1967 No. 71.
Overview
The Diplomatic Privileges and Immunities Regulations 1980 were enacted to address the need for a regulatory framework governing the privileges and immunities of diplomatic personnel in Australia. These regulations were made under the authority of the Diplomatic Privileges and Immunities Act 1967 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary policy objective of these regulations is to ensure that diplomatic personnel, including those from international organisations such as the European Communities, are afforded the necessary protections and privileges to effectively carry out their diplomatic duties while in Australia. By specifying the European Communities and their constituent parts, the regulations aim to clarify and formalise the application of diplomatic immunities and privileges to these entities, thereby facilitating smoother diplomatic relations and interactions.
Scope and Application
The Diplomatic Privileges and Immunities Regulations 1980 made under the Diplomatic Privileges and Immunities Act 1967 apply to international organisations and their officials, particularly those associated with the European Communities. The regulations specify the European Communities, including the European Atomic Energy Community, the European Coal and Steel Community, and the European Economic Community, as qualifying international organisations. This designation extends to the Commission of the European Communities, which is identified as the specified organ of the European Communities for the purposes of the Act. The regulations were designed to provide clarity on the status of European Communities and their organs in relation to diplomatic privileges and immunities granted under Australian law. The scope of these regulations is limited to the entities and individuals associated with the specified international organisations, and they do not extend to other international bodies or their officials unless explicitly stated in subordinate instruments. The regulations were amended to reflect the changing nature of international organisations and their structures, ensuring continued compliance with international diplomatic conventions.
Key Provisions
The Diplomatic Privileges and Immunities Regulations 1980, made under the Diplomatic Privileges and Immunities Act 1967, primarily amend existing regulations by repealing and substituting specific provisions. Section 3 of the Regulations declares the group of organisations known as the European Communities as an international organisation for the purposes of subsection 5A(1) of the Act. It further specifies the Commission of the European Communities as an organ in relation to the European Communities for the purposes of paragraph 5A(2)(b) of the Act. This declaration and specification are intended to ensure that the European Communities and its associated organs are recognised under Australian law as entities entitled to diplomatic privileges and immunities.
The Regulations impose obligations on parties or entities to comply with the Diplomatic Privileges and Immunities Act 1967, particularly in relation to the recognition and treatment of international organisations and their organs. By declaring the European Communities and its Commission, the Regulations require adherence to the privileges and immunities stipulated by the Act. This includes obligations such as respecting the inviolability of the premises and archives of the European Communities, ensuring that the officials of the Commission are granted immunity from legal process, and recognising the non-interference with the functions and activities of these entities within Australia.
There are no explicit offences or penalties detailed in the Regulations themselves. However, any breach of the provisions outlined in the Diplomatic Privileges and Immunities Act 1967 could result in legal consequences. Under the Act, violations of the privileges and immunities granted to international organisations and their officials could lead to civil or criminal proceedings. The penalties for such breaches could include fines or imprisonment, depending on the severity of the offence and the specific provisions of the Act that are contravened. The exact penalties would be determined by the courts in the context of the relevant case law and statutory provisions.