Foreign Affairs and Trade Legislation Amendment Act 1997
No. 150, 1997
Foreign Affairs and Trade Legislation Amendment Act 1997
No. 150, 1997
An Act to amend various Acts relating to matters dealt with by the Department of Foreign Affairs and Trade, and for other purposes
Contents
1 Short title..................................1
2 Commencement..............................1
3 Schedule(s).................................2
Schedule 1—Amendments of Acts relating to matters dealt with by the Department of Foreign Affairs and Trade 3
Chemical Weapons (Prohibition) Act 1994 3
Consular Fees Act 1955 3
Consular Privileges and Immunities Act 1972 3
International Organizations (Privileges and Immunities) Act 1963 4
Nuclear Non-Proliferation (Safeguards) Act 1987 10
Passports Act 1938 12
Schedule 2—Amendments of Acts relating to matters dealt with by other Departments 14
Administrative Decisions (Judicial Review) Act 1977 14
Fringe Benefits Tax Assessment Act 1986 14
Income Tax Assessment Act 1936 14
Migration Act 1958 14
Foreign Affairs and Trade Legislation Amendment Act 1997
No. 150, 1997
An Act to amend various Acts relating to matters dealt with by the Department of Foreign Affairs and Trade, and for other purposes
The Parliament of Australia enacts:
[Assented to 17 October 1997]
1 Short title
This Act may be cited as the Foreign Affairs and Trade Legislation Amendment Act 1997.
2 Commencement
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) If the day on which the first supplementary IAEA agreement is signed on behalf of Australia is a later day than the day on which this Act receives the Royal Assent, the amendments of the Nuclear Non-Proliferation (Safeguards) Act 1987 made by this Act commence on that later day.
(3) The amendment of section 10 of the Passports Act 1938 made by this Act commences on the 28th day after the day on which this Act receives the Royal Assent.
(4) In this section:
Agency Agreement has the same meaning as in the Nuclear Non‑Proliferation (Safeguards) Act 1987.
IAEA agreement means an agreement between Australia and the International Atomic Energy Agency, but does not include:
(a) the Agency Agreement; or
(b) an agreement that amends the text of the Agency Agreement.
supplementary IAEA agreement means an IAEA agreement that is additional to the Agency Agreement.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments of Acts relating to matters dealt with by the Department of Foreign Affairs and Trade
Chemical Weapons (Prohibition) Act 1994
1 After section 101
Insert:
101A Privileges and immunities of observers
An observer is to have such privileges and immunities as are prescribed for the purposes of this section.
Consular Fees Act 1955
2 Title
After “Officers” (second occurring), insert “and Employees”.
3 Paragraph…
Overview
The Foreign Affairs and Trade Legislation Amendment Act 1997, enacted by the Parliament of Australia, seeks to amend various Acts related to the functions of the Department of Foreign Affairs and Trade, as well as other departments. This legislative amendment aimed to address the need for updates and clarifications in existing laws to better align them with contemporary international obligations and administrative practices. The Act brings together modifications across multiple statutes to streamline and modernise the legislative framework governing foreign affairs and trade, ensuring that Australia's legal apparatus remains effective and responsive to global developments. The overarching policy objective is to enhance the efficiency and effectiveness of Australia's foreign affairs and trade-related legal instruments, facilitating smoother interactions and compliance with international standards and agreements.
Scope and Application
The Foreign Affairs and Trade Legislation Amendment Act 1997 (No. 150, 1997) is an Act of the Parliament of Australia designed to amend various Acts that fall under the purview of the Department of Foreign Affairs and Trade. This Act applies to a range of Acts, including the Chemical Weapons (Prohibition) Act 1994, the Consular Fees Act 1955, the Consular Privileges and Immunities Act 1972, the International Organizations (Privileges and Immunities) Act 1963, the Nuclear Non-Proliferation (Safeguards) Act 1987, and the Passports Act 1938. It also amends Acts managed by other departments such as the Administrative Decisions (Judicial Review) Act 1977, the Fringe Benefits Tax Assessment Act 1986, the Income Tax Assessment Act 1936, and the Migration Act 1958. The amendments primarily focus on refining the privileges and immunities afforded to international organisations and their members, updating terminology to reflect contemporary usage, and clarifying the legal frameworks surrounding international agreements, particularly those related to nuclear non-proliferation and chemical weapons prohibition. The Act's application is nationwide, covering all states and territories of Australia. Certain provisions of the Act may be further extended or restricted through subordinate instruments such as regulations, which may specify particular conditions or thresholds for their application.
Key Provisions
- The Foreign Affairs and Trade Legislation Amendment Act 1997 (Act) amends several existing Acts to address various matters handled by the Department of Foreign Affairs and Trade. Key sections include amendments to the Chemical Weapons (Prohibition) Act 1994, Consular Fees Act 1955, Consular Privileges and Immunities Act 1972, International Organizations (Privileges and Immunities) Act 1963, and the Nuclear Non-Proliferation (Safeguards) Act 1987. It also modifies the Passports Act 1938. The Act specifies that these amendments take effect on various dates, including the day of Royal Assent and specific dates related to the signing of supplementary IAEA agreements.
- The Act imposes specific obligations on various parties and entities. For example, it mandates that international organisations with headquarters in Australia and subject to certain regulations may be exempt from sales tax on goods for their official use, provided the regulations specify such an exemption. The Act also allows for the conferral of juridical personality and legal capacities on certain international organisations. Additionally, it specifies that the Minister may make written determinations for the commencement of regulations, with certain constraints if the regulations aim to implement an international instrument.
- Breaches of the provisions within this Act may lead to various consequences. For instance, under the Passports Act 1938, knowingly or recklessly making a false statement in an application for a passport is a criminal offence. Although the Act does not explicitly detail penalties for breaches of its other provisions, associated Acts may outline specific penalties. For example, under the Criminal Code Act 1995, making a false statement in relation to a document for the purposes of obtaining a benefit can attract penalties such as imprisonment for up to 2 years or fines. These penalties underscore the seriousness with which the law treats violations involving false statements and misrepresentations in official documents and applications.
- Area of Law
- International Law
- International Trade Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Enforcement Powers