European Space Agency (Privileges and Immunities) Regulations 2000 2000 No. 94
EXPLANATORY STATEMENT
Statutory Rules 2000 No. 94
Issued by the authority of the Minister for Foreign Affairs
International Organisations (Privileges and Immunities) Act 1963
European Space Agency (Privileges and Immunities) Regulations 2000
Section 13 of the International Organisations (Privileges and Immunities) Act 1963 (the Act) provides that the Governor-General may make Regulations for the purposes of the Act.
Section 12A of the Act provides for the making of regulations conferring legal capacity and personality on an international organisation. The purpose of the proposed Regulations is to confer legal capacity and personality on the European Space Agency (ESA).
The ESA was established pursuant to Article 1 of the Convention for the Establishment of a European Space Agency (the Convention). The purpose of the ESA is to provide for and to promote cooperation among European States in space research and technology and their space applications exclusively for peaceful purposes. Though Australia is not a party, there are 12 countries which are a party to the Convention so as to satisfy the requirement in s. 12A(1)(a)(i) of the Act which provides that the organisation must be established by an instrument to which two or more countries are parties.
The ESA falls outside the scope of subsections 3(1) and 5(1) of the Act. Subsection 3(1) provides that an international organisation to which the Act applies is one which is declared by the regulations to be an international organisation to which this Act applies. Subsection 5(1) provides that an organisation to which the Act applies is one to which Australia is a member (paragraph 5(1)(a)) or is constituted by a person representing Australia (paragraph 5(1)(b)), which is not the case. Paragraph 12A(1)(b) provides that where the provisions of the Act other than section 12A do not apply to the organisation then juridical personality and legal capacity can be conferred by regulation where it appears to the Minister that it is desirable to do so.
Australia's relationship with the ESA was established in the Agreement between the Government of Australia and the European Space Agency for a co-operative space tracking program (the Agreement) done at Paris on 15 June 1979. The purpose of the Regulations is to facilitate the ESA purchasing and registering title to land in Western Australia which it is purchasing to establish a new facility (a site for a deep space antenna) under the Agreement. Although the Regulations change the status of the ESA from a foreign entity to an Australian body corporate, its conduct in Australia remains subject to the Agreement. The revised status would also remove ambiguities concerning the ESA's rights and obligations under the Goods and Services Tax legislation. The Regulations do not confer privileges and immunities on the ESA.
Details of the Regulation are attached.
The Regulations commence on gazettal.
Overview
The European Space Agency (Privileges and Immunities) Regulations 2000 were enacted to confer legal capacity and personality on the European Space Agency (ESA). This was achieved under the authority of the Minister for Foreign Affairs, in accordance with Section 13 of the International Organisations (Privileges and Immunities) Act 1963. The primary objective of these regulations is to facilitate the ESA's ability to purchase and register title to land in Western Australia for the establishment of a new facility, specifically a site for a deep space antenna, under the Agreement between the Government of Australia and the ESA for a cooperative space tracking program. Despite the change in the ESA's status from a foreign entity to an Australian body corporate, its operations in Australia remain governed by the aforementioned Agreement. Additionally, the regulations aim to clarify the ESA's rights and obligations under the Goods and Services Tax legislation by eliminating ambiguities. Importantly, the regulations do not extend to conferring privileges and immunities on the ESA.
Scope and Application
The European Space Agency (Privileges and Immunities) Regulations 2000, made under the International Organisations (Privileges and Immunities) Act 1963, are designed to confer legal capacity and personality on the European Space Agency (ESA) within the Australian jurisdiction. These Regulations are essential to enable the ESA to purchase and register land in Western Australia for a new facility, specifically a site for a deep space antenna, under the Agreement between the Government of Australia and the ESA. Despite the conferral of legal capacity and personality, it is important to note that the ESA's conduct in Australia remains governed by the existing Agreement and is not afforded privileges and immunities under these Regulations. The Regulations do not extend to confer privileges and immunities on the ESA, thereby maintaining its accountability under Australian law as per the terms of the Agreement. These Regulations come into effect upon gazettal and apply solely within the Australian jurisdiction, facilitating the ESA's operational activities in accordance with the legislative framework provided.
Key Provisions
The European Space Agency (Privileges and Immunities) Regulations 2000, as outlined in the Explanatory Statement, primarily establish the legal capacity and personality of the European Space Agency (ESA) in Australia under the International Organisations (Privileges and Immunities) Act 1963. Section 12A of the Act allows the Governor-General to make regulations conferring legal capacity on an international organisation such as the ESA. This means the ESA can enter into contracts, own property, and be sued in its own name in Australia. The regulations are necessary because Australia, while not a party to the Convention for the Establishment of a European Space Agency, recognises the ESA as an entity with international standing due to its agreement with Australia.
The obligations imposed by these regulations on the ESA include the requirement to adhere to the terms set out in the Agreement between the Government of Australia and the ESA, which was established on 15 June 1979. The ESA's activities in Australia, including the establishment of a new facility for a deep space antenna in Western Australia, must comply with the provisions of the Agreement. This ensures that the ESA's operations within Australia are conducted in a manner that is consistent with the mutual understanding and cooperation between the two entities. Furthermore, the regulations also aim to clarify the ESA's rights and obligations under Australian law, particularly concerning the Goods and Services Tax, thereby avoiding any legal ambiguities.
There are no specific offences, penalties, or consequences for breach outlined in the Explanatory Statement. However, it is implied that any failure by the ESA to comply with the terms of the Agreement or Australian law could result in legal action being taken against the ESA. Since the regulations do not confer privileges and immunities on the ESA, any legal proceedings against the ESA would be handled under Australian law, without the special protections that might otherwise apply to international organisations. This ensures that the ESA remains accountable for its actions within Australia.