International Organisations (Privileges and Immunities) Amendment Act 2023

Administered by Department of Foreign Affairs and Trade

Legislation au C2023A00078 In force Act

Legislation content

 

 

 

 

 

 

International Organisations (Privileges and Immunities) Amendment Act 2023

 

No. 78, 2023

 

 

 

 

 

An Act to amend the International Organisations (Privileges and Immunities) Act 1963, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Organisations to which Act applies

International Organisations (Privileges and Immunities) Act 1963

Schedule 2—Persons who are eligible for privileges and immunities

International Organisations (Privileges and Immunities) Act 1963

Schedule 3—Privileges and immunities relating to immigration

International Organisations (Privileges and Immunities) Act 1963

 

 

International Organisations (Privileges and Immunities) Amendment Act 2023

No. 78, 2023

 

 

 

An Act to amend the International Organisations (Privileges and Immunities) Act 1963, and for related purposes

[Assented to 20 September 2023]

The Parliament of Australia enacts:

1  Short title

  This Act is the International Organisations (Privileges and Immunities) Amendment Act 2023.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day this Act receives the Royal Assent.

20 September 2023

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Organisations to which Act applies

 

International Organisations (Privileges and Immunities) Act 1963

1  Subsection 3(1) (definition of international organisation to which this Act applies)

Repeal the definition, substitute:

international organisation to which this Act applies means:

 (a) an organisation that is the subject of a declaration under subsection 5(1); or

 (b) an organ specified for the purposes of subsection 5(5); or

 (c) an organ that is taken, by force of subsection 5(6), to be an international organisation to which this Act applies.

Note: Specification of an organ for the purposes of subsection 5(5) does not affect subsection 5(6).

2  Subsection 3(1) (definition of overseas organisation to which this Act applies)

Repeal the definition, substitute:

overseas organisation to which this Act applies means an organisation that:

 (a) is the subject of a declaration under subsection 5A(1); and

 (b) is not an international organisation to which this Act applies.

3  After subsection 3(2)

Insert:

 (2A) For the purposes of this Act, and subject to subsection 5(5):

 (a) an office within an international organisation to which this Act applies or an overseas organisation to which this Act applies; or

 (b) an organ of such an organisation; or

 (c) a commission, council or other body established by such an organisation or organ; or

 (d) a committee, or sub‑committee of a committee, of such an organisation, organ, commission, council or other body;

is taken to be part of the organisation.

4  At the end of paragraph 5(1)(b)

Add “or”.

5  After paragraph 5(1)(b)

Insert:

 (c) of which 2 or more countries other than Australia are members; or

 (d) that is constituted by 2 or more persons representing countries other than Australia;

6  Subsection 5(2)

After “paragraph (1)(b)”, insert “or (d)”.

7  Paragraphs 5(3)(a) and (b)

Repeal the paragraphs, substitute:

 (a) both:

 (i) the organisation is established by an agreement to which Australia and one or more other countries are parties; and

 (ii) the advancement of the interests of Australia and that other country or those other countries is, under the agreement, a function (whether express or implied) of the organisation; or

 (b) both:

 (i) the organisation is established by an agreement to which 2 or more countries other than Australia are parties; and

 (ii) the advancement of the interests of those countries is, under the agreement, a function (whether express or implied) of the organisation.

8  Paragraph 5(6)(b)

Omit “or (b)”, substitute “, (b), (c) or (d)”.

Schedule 2—Persons who are eligible for privileges and immunities

 

International Organisations (Privileges and Immunities) Act 1963

1  At the end of subparagraphs 6(1)(a)(ii), (b)(ii) and (c)(ii)

Add “or”.

2  Subparagraph 6(1)(d)(ii)

Omit “and”, substitute “or”.

3  At the end of subsection 6(1)

Add:

 ; or (f) confer:

 (i) upon a person connected in a specified way with an international organisation to which this Act applies all or any of the privileges and immunities specified in Part I of the Second Schedule, Part I of the Third Schedule, Part I of the Fourth Schedule or Part I of the Fifth Schedule; and

 (ii) upon a person who has ceased to be connected with such an organisation in that way the immunities specified in Part II of the Second Schedule, Part II of the Third Schedule, Part II of the Fourth Schedule or Part II of the Fifth Schedule.

4  At the end of paragraphs 6(2)(a) and (b)

Add “or”.

5  At the end of subsection 6(2)

Add:

 ; or (e) particular classes of persons.

6  After subsection 6(2)

Insert:

 (2A) Without limiting this section, regulations made for the purposes of this section may prescribe a matter by reference to:

 (a) a legislative instrument made by the Minister; or

 (b) Australia’s international obligations; or

 (c) an agreement to which Australia and one or more other countries, or 2 or more countries other than Australia, are parties (including by reference to kinds of persons referred to in such an agreement).

Schedule 3—Privileges and immunities relating to immigration

 

International Organisations (Privileges and Immunities) Act 1963

1  Item 5 of Part I of the Third Schedule

Omit “the application of laws relating to immigration, the registration of aliens”, substitute “immigration restrictions, alien registration”.

2  Item 3 of Part I of the Fourth Schedule

Omit “the application of laws relating to immigration and the registration of aliens”, substitute “immigration restrictions and alien registration”.

 

 

 

 

[Minister’s second reading speech made in—

Senate on 21 June 2023

House of Representatives on 11 September 2023]

 

(86/23)

 

Overview

The International Organisations (Privileges and Immunities) Amendment Act 2023 (C2023A00078) was enacted to amend the International Organisations (Privileges and Immunities) Act 1963, aiming to refine the scope and application of privileges and immunities granted to international organisations and their officials. This amendment was introduced by the Parliament of Australia, as evidenced by the Minister's second reading speeches in the Senate on 21 June 2023 and the House of Representatives on 11 September 2023. The primary objective of this amendment is to align the privileges and immunities framework with contemporary international obligations and the evolving nature of international organisations, ensuring that the Act remains relevant and effective in protecting the interests of both Australia and its international partners.

Scope and Application

The International Organisations (Privileges and Immunities) Amendment Act 2023 amends the International Organisations (Privileges and Immunities) Act 1963 to enhance the legal framework governing the privileges and immunities of international organisations and their officials. This Act applies to international organisations and their associated organs, offices, commissions, councils, and committees, which are either declared under the 1963 Act or established by an agreement to which Australia or other countries are parties. The Act's provisions extend to these entities regardless of whether they are based within Australia or overseas, provided they are not already recognised as international organisations under the 1963 Act. Certain exclusions apply, such as organisations that are exclusively member of Australia or organisations whose primary function does not involve advancing the interests of Australia or other participating countries. The Act's application may be further defined or restricted through regulations made by the Minister, in accordance with Australia's international obligations or agreements. The amendments in this Act commence on the day it receives Royal Assent, which is 20 September 2023.

Key Provisions

The International Organisations (Privileges and Immunities) Amendment Act 2023 (sections 1-3) amends the International Organisations (Privileges and Immunities) Act 1963, clarifying and expanding the definition of international organisations eligible for privileges and immunities under Australian law. Specifically, Schedule 1 amends the definition of 'international organisation to which this Act applies' to include organisations that are the subject of a declaration under subsection 5(1), organs specified for the purposes of subsection 5(5), or organs taken to be an international organisation by subsection 5(6). It also defines 'overseas organisation to which this Act applies' as an organisation that is the subject of a declaration under subsection 5A(1) but is not an international organisation under this Act. This amendment further clarifies that offices, organs, commissions, councils, bodies, and committees within these organisations are considered part of the organisation for the purposes of the Act. The amended Act imposes obligations on relevant international organisations and their personnel, ensuring they comply with Australian law while maintaining the privileges and immunities granted under the Act. These obligations include adherence to the provisions outlined in the amended schedules, which detail the types of organisations eligible for privileges, the persons who are eligible for such privileges, and the specific privileges and immunities that apply, including those related to immigration. The Act also mandates that regulations made for the purposes of eligibility for privileges and immunities may reference legislative instruments, international obligations, or agreements to which Australia is a party. Breach of the provisions under the amended Act can result in various civil and criminal consequences. For instance, violations of the privileges and immunities granted to eligible persons could lead to legal actions for damages or other civil remedies. Additionally, any actions that undermine the integrity of the international organisations or their operations may result in penalties as stipulated under the applicable laws. The maximum penalties for breaches depend on the specific nature of the offence but could include fines and imprisonment, as provided by the relevant legislation governing the conduct in question.

Legal classification tags

Area of Law
International Law
Instrument
Amending Act
Concepts
Commencement Provisions
Repeal & Amendment
Delegated & Subordinate Legislation
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.