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

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Legislation au F1997B01910 Regulations Not in force Legislative Instrument

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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

Statutory Rules 1986 No. 68 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will repeal the regulations made in 1959 under the International Organizations (Privileges and Immunities) Act 1948 (repealed in 1963) to confer privileges and immunities on the United Nations and persons associated with it, and for related purposes, and will enable new regulations to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 will 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) Act 1963 was enacted by the Parliament of Australia to address the need for legal frameworks that facilitate the functioning of international organisations within Australia. The Act was designed to provide a structure for the privileges and immunities that international organisations and their officials are entitled to under international law, ensuring they can operate effectively without undue legal impediments. The policy objective of the Act is to uphold Australia's international commitments and obligations by providing a legislative basis for granting the necessary legal protections to international organisations and their personnel. The Act empowers the Governor-General to make regulations, not inconsistent with the Act, to prescribe matters required or necessary for carrying out or giving effect to the Act. In 1985, the Government decided to accede to 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, prompting the creation of various regulations to give full effect to Australia’s obligations under these international agreements.

Scope and Application

The International Organizations (Privileges and Immunities) Act 1963 applies to international organizations and their officials, representatives, and employees who are in Australia. The Act provides a framework for conferring privileges and immunities on these organizations and their personnel to enable them to function effectively within the country. The Act applies nationally across Australia, ensuring a consistent approach to the treatment of international organizations. Subordinate regulations, including the United Nations (Privileges and Immunities) Regulations, Specialized Agencies (Privileges and Immunities) Regulations, International Atomic Energy Agency (Privileges and Immunities) Regulations, and Intergovernmental Committee for Migration (Privileges and Immunities) Regulations, extend the application of the Act by specifying the detailed privileges and immunities for various organizations. These regulations repeal previous versions to bring them into alignment with updated international agreements, thereby ensuring that Australia’s obligations under these agreements are met without reservation.

Key Provisions

The primary sections of the International Organizations (Privileges and Immunities) Act 1963 (Act) and associated regulations pertain to the establishment and enforcement of privileges and immunities for international organizations and their officials operating in Australia. Section 13 of the Act (1) grants the Governor-General the authority to create regulations that are necessary for the Act's implementation. The purpose of these regulations, as detailed in the attached statement, is to bring Australia's legislative framework in line with international conventions and agreements concerning the privileges and immunities of various international organizations (2). The specific regulations repealed and newly created include those for the United Nations, specialized agencies, the International Atomic Energy Agency, and the Intergovernmental Committee for Migration (3). The Act and its regulations impose specific obligations on both international organizations and Australian authorities. International organizations, including the United Nations, specialized agencies, the International Atomic Energy Agency, and the Intergovernmental Committee for Migration, must comply with the privileges and immunities outlined in the respective conventions and agreements. These privileges generally include immunity from legal jurisdiction, exemption from taxes and customs duties, and protection from unauthorized use of their names and emblems. Australian authorities are required to enforce these provisions domestically, ensuring that international organizations can operate within Australia without undue interference or legal complications. This includes the responsibility to provide appropriate legal and administrative support to these entities and their officials. Breaches of the provisions outlined in the Act and its regulations can result in significant legal consequences. For instance, failure to comply with the immunity provisions may lead to legal proceedings being brought against the international organization or its officials in Australian courts, which would contravene the spirit of the conventions. Additionally, unauthorized use of an international organization's name, initials, abbreviations, emblems, or seals can result in civil penalties. While the Act does not specify maximum penalties for breaches, they can include fines and other corrective measures as determined by the courts. Criminal penalties may also apply in cases of serious misconduct or violations that result in significant harm to Australian interests or individuals.

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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.