Intergovernmental Committee for Migration (Privileges and Immunities) Regulations

Legislation au C2004L04985 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1963

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS (REPEAL)

INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES OF SPECIALIZED AGENCIES) REGULATIONS (REPEAL)

INTERNATIONAL ORGANIZATIONS (DECLARATION) REGULATIONS (REPEAL)

UNITED NATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS

SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS

INTERNATIONAL ATOMIC ENERGY AGENCY (PRIVILEGES AND IMMUNITIES) REGULATIONS (AMENDMENT)

INTERGOVERNMENTAL COMMITTEE FOR MIGRATION (PRIVILEGES AND IMMUNITIES) REGULATIONS 1986 NO. 69

Statutory Rules 1986 No. 69 issued by the authority of the Minister of State for Foreign Affairs.

Section 13 of the International Organizations (Privileges and Immunities) Act 1963 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

2. In December 1985 the Government decided that Australia would accede to the Convention on the Privileges and Immunities of the Specialized Agencies in respect of the specialized agencies covered by the Convention, and that it should accept the Agreement on the Privileges and Immunities of the International


Atomic Energy Agency, without reservation. It also decided to make regulations under the Act to give full effect to Australia’s obligations under the two agreements.

3. The purpose of these regulations is to give effect to that decision, and to make certain necessary consequential changes to other regulations. Details are set out in Attachment A.

ATTACHMENT “A”

International Organizations (Privileges and Immunities) Regulations (Repeal)

These regulations will repeal the regulations made in 1959 under the International Organizations (Privileges and Immunities) Act 1948 (repealed in 1963) to confer privileges and immunities on the United Nations and persons associated with it, and for related purposes, and will enable new regulations to be made, entitled the United Nations (Privileges and Immunities) Regulations which will continue to give force in Australia to the General Convention on the Privileges and Immunities of the United Nations, approved by the General Assembly in 1946.

International Organizations (Privileges and Immunities of Specialized Agencies) Regulations (Repeal)

These regulations will repeal the regulations made in 1962 under the International Organizations (Privileges and Immunities) Act 1948 (repealed in 1963) to confer privileges and immunities on certain of the specialized agencies and persons associated with them, and will enable new regulations to be made, entitled the Specialized Agencies (Privileges and Immunities) Regulations, which will give force in Australia to the Convention on the Privileges and Immunities of the Specialized Agencies and its Annexes in respect of all the agencies.

International Organizations (Declaration) Regulations (Repeal)

These regulations will repeal the regulations made in 1981 to accord certain international organizations protection against


unauthorized use of their name, initials, abbreviations, emblems and seals. Such protection will be afforded, wherever necessary, by the new regulations referred to below.

United Nations (Privileges and Immunities) Regulations

These regulations will consolidate, in one readily identifiable set of regulations, all the provisions relating to the privileges and immunities of the United Nations in Australia. They will continue to give effect to the General Convention on the Privileges and Immunities of the United Nations within Australia. The regulations confer upon the organization, its officers, representatives of its members, and persons performing work on behalf of the organization, the privileges and immunities set out in the Convention. They also make provision for the waiver of those privileges and immunities in appropriate cases.

Specialized Agencies (Privileges and Immunities) Regulations

These regulations will consolidate, in one readily identifiable set of regulations, all the provisions relating to the privileges and immunities of the specialized agencies in Australia. They will continue to give effect to the Convention on the Privileges and Immunities of the Specialized Agencies and its Annexes within Australia. The regulations confer upon each of the specialized agencies, their officers, representatives of their members, and persons performing work on their behalf, the privileges and immunities set out in the Convention and its Annexes.


International Atomic Energy Agency (Privileges and Immunities) Regulations (Amendment)

These regulations wilt bring the privileges and immunities conferred upon the International Atomic Energy Agency in Australia into full conformity with the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, drawn up in 1959, and will enable Australia to accept the Agreement without reservation. In particular, the regulations confer upon officers of the Agency, and persons performing work on its behalf, the privileges and immunities as required by the Agreement, without qualification.

Intergovernmental Committee for Migration (Privileges and Immunities) Regulations

These regulations will consolidate, in one readily identifiable set of regulations, all the provisions, relating to the privileges and immunities of the Intergovernmental Committee for Migration in Australia. In particular, they will continue to confer juridical personality on the Committee, and to grant the Committee and its officers, except those who are Australian residents, exemption from the requirement to pay tax.

Overview

The International Organizations (Privileges and Immunities) Regulations (Repeal) 1986, issued under the authority of the Minister of State for Foreign Affairs, were enacted to repeal and replace various existing regulations concerning the privileges and immunities of international organizations within Australia. These regulations were made pursuant to Section 13 of the International Organizations (Privileges and Immunities) Act 1963, which empowers the Governor-General to create regulations necessary to implement the Act. The overarching objective of these regulations was to update and consolidate the legal framework governing the privileges and immunities of international organizations in Australia, ensuring alignment with Australia’s international commitments and obligations under various conventions and agreements. This includes the Convention on the Privileges and Immunities of the Specialized Agencies and the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, among others.

Scope and Application

The International Organizations (Privileges and Immunities) Act 1963, as supplemented by various regulations, applies to international organizations, their officers, and representatives, as well as individuals performing work on their behalf, within the Australian jurisdiction. This legislation provides a framework for conferring privileges and immunities upon these entities and individuals to ensure the effective functioning of international organizations in Australia. The act and its regulations extend to cover organizations such as the United Nations, specialized agencies, the International Atomic Energy Agency, and the Intergovernmental Committee for Migration, thereby embedding Australia's commitments under international conventions and agreements into domestic law. These regulations, which include the repeal and amendment of earlier versions, ensure that Australia's obligations under international treaties are met comprehensively and consistently across various international entities operating within the country. The act and its subordinate regulations provide clear guidelines and legal protections, facilitating the smooth operation of these international bodies on Australian soil.

Key Provisions

The International Organizations (Privileges and Immunities) Act 1963, as amended, governs the privileges and immunities of international organizations operating within Australia. Section 13 of the Act empowers the Governor-General to create regulations that align with the Act and are necessary for its implementation. The Act was enacted to ensure that international organizations and their representatives can operate effectively within Australia without being subject to undue legal restrictions or financial burdens. The key provisions of the Act focus on the establishment and enforcement of regulations that confer certain privileges and immunities upon international organizations and their officials, as outlined in various conventions and agreements. The obligations imposed by the Act on the parties it governs are primarily centered around the adherence to the conventions and agreements that the Act seeks to implement within Australia. This includes the General Convention on the Privileges and Immunities of the United Nations, the Convention on the Privileges and Immunities of the Specialized Agencies, and the Agreement on the Privileges and Immunities of the International Atomic Energy Agency. These conventions outline the specific privileges and immunities that these organizations and their representatives should enjoy, such as immunity from legal process, tax exemptions, and protection against unauthorized use of their names and symbols. The Act requires that these provisions be incorporated into Australian law through the creation of regulations, as specified in Section 13. The Act also outlines potential consequences for non-compliance with the regulations. Although the explanatory statement does not detail specific penalties, breaches of the conventions and agreements could lead to legal disputes or diplomatic tensions between Australia and the international organizations concerned. The enforcement of the privileges and immunities granted under these conventions is typically overseen by the relevant international bodies, and Australia is expected to uphold its obligations under the agreements. Failure to do so could potentially lead to the withdrawal of privileges and immunities, thereby affecting the operations of the international organizations within Australia.

Legal classification tags

Area of Law
International Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations
Exemptions & Exclusions
Catchwords
Privileges and Immunities

Interactions

Authorises

All Versions

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.