International Organisations (Privileges and Immunities—Square Kilometre Array Observatory) Regulations 2020

International Organisations (Privileges and Immunities—Square Kilometre Array Observatory) Regulations 2020

made under the

International Organisations (Privileges and Immunities) Act 1963

Compilation No. 1

Compilation date: 26 August 2025

Includes amendments: F2025L00979

About this compilation

This compilation

This is a compilation of the International Organisations (Privileges and Immunities—Square Kilometre Array Observatory) Regulations 2020 that shows the text of the law as amended and in force on 26 August 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Privileges and Immunities of the Square Kilometre Array Observatory and other persons

5 Act applies to the SKAO

6 SKAO to have juridical personality and legal capacities

7 Privileges and Immunities of the SKAO

8 Privileges and Immunities of Member State representatives and former Member State representatives

9 Privileges and Immunities of SKAO officials and former SKAO officials

10 Privileges and Immunities of SKAO experts, SKAO representatives and former SKAO representatives

Part 3—Indirect tax concession scheme

11 Indirect tax concession scheme—acquisitions

12 Indirect tax concession scheme—conditions

13 Indirect tax concession scheme—claims for payment

14 Indirect tax concession scheme—manner of payment

Part 4—Exceptions and other matters

15 General exceptions etc. to privileges and immunities

16 Waiver of privileges and immunities

17 Delegation by Minister

Part 5—Application, saving and transitional provisions

18 Application—amendments made by the International Organisations (Privileges and Immunities—Square Kilometre Array Observatory) Amendment Regulations 2025

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the International Organisations (Privileges and Immunities—Square Kilometre Array Observatory) Regulations 2020.

3  Authority

  This instrument is made under the International Organisations (Privileges and Immunities) Act 1963.

4  Definitions

  In this instrument:

Act means the International Organisations (Privileges and Immunities) Act 1963.

competent authority for a privilege or immunity means:

 (a) for a privilege or immunity conferred on a person who is accredited to the SKAO as a representative of a Member State other than Australia—that Member State; or

 (b) for a privilege or immunity conferred on the Director‑General—the governing body of the SKAO; or

 (c) for a privilege or immunity conferred on any other person (other than the SKAO)—the Director‑General.

Director‑General means the Director‑General of the SKAO.

Member State means a party to the SKAO Convention.

Member State representative means a person who is accredited to the SKAO as a representative of a Member State other than Australia.

official activities has the same meaning as in the SKAO Convention.

permanent resident has the same meaning as in the Australian Citizenship Act 2007.

SKAO means the Square Kilometre Array Observatory.

SKAO Convention means the Convention Establishing the Square Kilometre Array Observatory done at Rome on 12 March 2019.

Note: The SKAO Convention could in 2020 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

SKAO expert means a person who is performing, whether alone or jointly with other persons, a mission on behalf of the SKAO for a defined period of time.

SKAO official means a person who holds an office in the SKAO and includes the Director‑General.

SKAO representative means a person who is:

 (a) participating in the work of the SKAO; or

 (b) serving on a committee of the SKAO.

taxable supply has the meaning given by section 195‑1 of the GST Act.

tax invoice has the meaning given by section 29‑70 of the GST Act.

Part 2—Privileges and Immunities of the Square Kilometre Array Observatory and other persons

5  Act applies to the SKAO

  For the purposes of subsection 5(1) of the Act, the SKAO is an international organisation to which the Act applies.

6  SKAO to have juridical personality and legal capacities

  For the purposes of subparagraph 6(1)(a)(i) of the Act, the SKAO:

 (a) is a body corporate with perpetual succession; and

 (b) is capable, in its corporate name, of:

 (i) entering into contracts; and

 (ii) acquiring, holding and disposing of real and personal property; and

 (iii) instituting, and being a party to, legal proceedings.

7  Privileges and Immunities of the SKAO

 (1) This section is made for the purposes of subparagraph 6(1)(a)(ii) of the Act.

 (2) Subject to subsections (3) to (7) of this section, the SKAO has the privileges and immunities specified in items 1, 2, 4, 6 and 7 of the First Schedule to the Act.

Immunity from suit and from other legal process

 (3) The immunity specified in item 1 of the First Schedule to the Act does not extend to immunity from a suit or other legal process relating to:

 (a) an arbitration under Article 14 of the SKAO Convention; or

 (b) the attachment, in accordance with a final order of a court, of any amount payable as salary, wages or other remuneration by the SKAO to any person employed, or formerly employed, by the SKAO; or

 (c) a counter‑claim made against the SKAO by a party to proceedings instituted by the SKAO; or

 (d) a matter that is outside the scope of the SKAO’s official activities.

Note: The governing body of the SKAO may also waive this immunity (see paragraph 16(b)).

Inviolability of premises

 (4) A person may enter premises of the SKAO, for the purpose of protecting them, in the event of a fire or other emergency.

 (5) A person who enters premises of the SKAO in accordance with subsection (4) must immediately leave them if requested to do so by:

 (a) the Director‑General; or

 (b) a person who has been designated as the head of those premises by the Director‑General.

 (6) Premises of the SKAO are inviolable subject to the condition that they are not used:

 (a) for unlawful purposes; or

 (b) as a refuge for any person from judicial or administrative proceedings.

Indirect tax

 (7) The SKAO’s privileges in relation to indirect tax are limited to:

 (a) the exemption conferred by section 11B of the Act; and

 (b) concessions under section 11C of the Act in relation to acquisitions mentioned in subsection 11(1) of this instrument.

8  Privileges and Immunities of Member State representatives and former Member State representatives

 (1) For the purposes of subparagraph 6(1)(c)(i) of the Act, a Member State representative has the privileges and immunities specified in items 2 and 3 of Part I of the Third Schedule to the Act.

 (2) For the purposes of subparagraph 6(1)(c)(ii) of the Act, a person who has ceased to be a Member State representative has the immunity specified in Part II of the Third Schedule to the Act.

9  Privileges and Immunities of SKAO officials and former SKAO officials

 (1) For the purposes of subparagraph 6(1)(d)(i) of the Act, an SKAO official has the privileges and immunities specified in items 1, 2, 3, 4 and 7 of Part I of the Fourth Schedule to the Act.

 (2) However:

 (a) an SKAO official who is an Australian citizen or a permanent resident does not have the privileges and immunities specified in items 2, 3 and 7 of Part I of the Fourth Schedule to the Act; and

 (b) the immunity specified in item 2 of Part I of the Fourth Schedule to the Act does not extend to a pension or annuity paid by the SKAO to an SKAO official.

 (3) For the purposes of subparagraph 6(1)(d)(ii) of the Act, a person who has ceased to be an SKAO official has the immunity specified in Part II of the Fourth Schedule to the Act.

10  Privileges and Immunities of SKAO experts, SKAO representatives and former SKAO representatives

 (1) For the purposes of subparagraph 6(1)(e)(i) of the Act:

 (a) an SKAO expert has the privilege specified in item 3 of Part I of the Fifth Schedule to the Act; and

 (b) an SKAO representative has the privileges and immunities specified in items 2 and 3 of Part I of the Fifth Schedule to the Act.

 (2) For the purposes of subparagraph 6(1)(e)(ii) of the Act, a person who has ceased to be an SKAO representative has the immunity specified in Part II of the Fifth Schedule to the Act.

Part 3—Indirect tax concession scheme

11  Indirect tax concession scheme—acquisitions

 (1) For the purposes of paragraph 11C(1)(a) of the Act, the following acquisitions made by or on behalf of the SKAO are covered by this instrument:

 (a) an acquisition of any of the following, on a single tax invoice for a taxable supply of at least $200 (including indirect tax):

 (i) goods (by purchase or lease);

 (ii) mail services;

 (iii) telecommunications services;

 (iv) electricity or gas services;

 (v) protection of premises services;

 (vi) removal of goods services;

 (vii) freight and cartage other than removal of goods;

 (b) an acquisition of goods that are freed from duties of excise by section 7 of this instrument;

 (c) an acquisition of warehoused goods (within the meaning of the Customs Act 1901), the importation of which is covered by an immunity from taxation (including customs duties) conferred by this instrument;

 (d) an acquisition of any of the following, if the acquisition is subject to an arrangement between the SKAO and the Commonwealth for reimbursement of indirect tax:

 (i) construction or renovation services;

 (ii) real property;

 (iii) any other thing.

 (2) However, an acquisition made by or on behalf of the SKAO is covered by this instrument only if, at the time of the acquisition, it was intended for official activities of the SKAO.

 (3) For the purposes of paragraph 11C(1)(a) of the Act, the acquisition of a motor vehicle by an SKAO official, for the personal use of the official or of a member of the family of the official, is covered by this instrument if:

 (a) the vehicle is acquired within the first 6 months of the official’s installation in Australia and the official has not previously received:

 (i) a concession under section 11C of the Act for the acquisition of another motor vehicle; or

 (ii) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle; or

 (b) the vehicle is acquired in exceptional circumstances to replace a motor vehicle for which the person has received:

 (i) a concession under section 11C of the Act; or

 (ii) an exemption from indirect tax under section 11B of the Act.

 (4) For the purposes of paragraph (3)(b), exceptional circumstances, in relation to the replacement of a motor vehicle, includes the original vehicle being stolen or damaged beyond repair.

 (5) However, the acquisition of a motor vehicle by an SKAO official is covered by this instrument only if the official is not an Australian citizen or a permanent resident.

12  Indirect tax concession scheme—conditions

 (1) For the purposes of paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable only if the following conditions are satisfied:

 (a) the person who made the acquisition is subject to an agreement in writing between the SKAO and the Commonwealth to repay to the Commonwealth the amount worked out under subsection (3) of this section if:

 (i) for a payment in relation to an acquisition of a motor vehicle—the person disposes of the motor vehicle (except to another person entitled to an indirect tax concession under this instrument or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 3 years after it was acquired; or

 (ii) for a payment in relation to an acquisition of goods other than a motor vehicle—the person disposes of the goods (except to another person entitled to an indirect tax concession under this instrument or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after they were acquired; or

 (iii) for a payment in relation to an acquisition of services—the person assigns the services to another person (except to another person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory; or

 (iv) for a payment in relation to any other acquisition—the person assigns the thing acquired to another person (except to another person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;

 (b) if the person has breached a previous agreement under paragraph (a)—the person complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the person complies with the agreement.

Note: A person includes the SKAO: see section 6 of this instrument and section 2C of the Acts Interpretation Act 1901.

 (2) For the purposes of subparagraphs (1)(a)(i) and (ii):

 (a) a sale of goods to a finance company as part of a sale and lease‑back arrangement is not a disposal of the goods; and

 (b) a person (the first person) is taken to have disposed of goods to which one of those subparagraphs applies within the period mentioned in that subparagraph to a person who is not entitled to an indirect tax concession in relation to similar acquisitions if:

 (i) the first person disposes of the goods to a person (the second person) who is entitled to the concession; and

 (ii) the second person disposes of the goods to another person; and

 (iii) the series of disposals of the goods to other persons continues (if necessary) until the goods are eventually acquired, within the period mentioned in that paragraph, by a person who is not entitled to the concession.

 (3) For the purposes of paragraph (1)(a), the amount to be repaid is:

 (a) for an acquisition to which subparagraph (1)(a)(i) or (ii) applies—the proportion of the amount paid under section 11C of the Act in relation to the acquisition that is equal to the proportion of the period mentioned in that subparagraph remaining after the person disposes of the goods; and

 (b) for an acquisition to which subparagraph (1)(a)(iii) or (iv) applies—the amount paid under section 11C of the Act in relation to the acquisition.

 (4) However, for an acquisition to which subparagraph (1)(a)(i) or (ii) applies, a person is not required to repay an amount paid under section 11C of the Act in relation to a lease payment that relates to a period before the person disposes of the goods.

 (5) The amount mentioned in subsection 11C(1) of the Act is not payable if:

 (a) an amount was payable for a similar acquisition; and

 (b) the Minister tells the person in writing that, in the Minister’s opinion, the person’s reasonable needs were met by that acquisition.

13  Indirect tax concession scheme—claims for payment

  A claim for payment in relation to an acquisition covered by this Part:

 (a) must be signed by, or for, the Director‑General; and

 (b) if so requested by the Commissioner of Taxation—must be sent with the tax invoice for the acquisition; and

 (c) must be sent:

 (i) for an acquisition of a motor vehicle—to the Protocol Branch of the Department; or

 (ii) in any other case—to the Commissioner of Taxation; and

 (d) for an acquisition of a motor vehicle or an acquisition of real property by lease—may be sent at any time after the acquisition; and

 (e) for an acquisition of a kind mentioned in paragraph 11(1)(d), other than an acquisition of real property by lease—may only be sent as specified in the arrangement mentioned in that paragraph or, if the arrangement does not so specify:

 (i) with another claim; or

 (ii) at least 3 months after another claim from the SKAO is sent; and

 (f) for an acquisition that is not mentioned in paragraph (d) or (e) of this section—may only be sent:

 (i) with another claim; or

 (ii) at least 3 months after another claim from the SKAO is sent.

Note: Paragraphs (e) and (f) are intended to limit the number of claims from the SKAO to one in each quarter, to minimise delays in the processing of claims.

14  Indirect tax concession scheme—manner of payment

  For the purposes of paragraph 11C(3)(b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by, or on behalf of, the Director‑General.

Part 4—Exceptions and other matters

15  General exceptions etc. to privileges and immunities

 (1) For the purposes of subsection 6(1) of the Act, this section prescribes:

 (a) the extent to which privileges and immunities conferred by this instrument are conferred; and

 (b) restrictions and conditions on the conferral of those privileges and immunities.

Privileges and immunities conferred in interest of SKAO

 (2) The privileges and immunities conferred by this instrument are conferred in the interests of the SKAO, and not for the personal benefit of individuals.

Motor vehicles

 (3) Nothing in this instrument confers immunity on any person from civil or criminal process:

 (a) for the recovery of damages for damage, injury or death resulting from an accident involving a motor vehicle owned or driven by the person; or

 (b) relating to the commission of an offence by the person under a law of the Commonwealth, a State or a Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle.

Cooperation to prevent abuses and respect for Australian law

 (4) The privileges and immunities conferred by this instrument are subject to the following conditions:

 (a) the SKAO must cooperate at all times with Commonwealth, State and Territory authorities, and take every measure, to prevent any form of abuse of the privileges and immunities mentioned in this instrument;

 (b) SKAO officials, Member State representatives, SKAO representatives and SKAO experts must respect laws of the Commonwealth, States and Territories:

 (i) before they enter Australia, so far as such laws are relevant; and

 (ii) from the moment they arrive in Australia and may benefit from the protection of such laws.

16  Waiver of privileges and immunities

  For the purposes of section 10 of the Act:

 (a) the competent authority for a privilege or immunity conferred by this instrument must waive the privilege or immunity if the competent authority considers that:

 (i) retaining it would impede the course of justice; and

 (ii) waiving it would not prejudice the interests of the SKAO; and

 (b) the governing body of the SKAO may waive the immunity specified in item 1 of the First Schedule to the Act.

17  Delegation by Minister

 (1) The Minister may, in writing, delegate the Minister’s powers under paragraph 12(1)(b) or (5)(b) of this instrument to:

 (a) the Secretary of the Department; or

 (b) an SES employee, or acting SES employee, in the Department.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

 (2) In exercising a delegated power, the delegate must comply with any written directions of the Minister.

Part 5—Application, saving and transitional provisions

18  Application—amendments made by the International Organisations (Privileges and Immunities—Square Kilometre Array Observatory) Amendment Regulations 2025

Indirect tax concession scheme—acquisitions

 (1) Section 11, as amended by the International Organisations (Privileges and Immunities—Square Kilometre Array Observatory) Amendment Regulations 2025 (the amending instrument), applies in relation to the acquisition of a motor vehicle by an SKAO official on or after the day (the transition day) that is 6 months after the day (the commencement day) the amending instrument commences.

 (2) Section 11 also applies in relation to the acquisition of a motor vehicle by an SKAO official before the transition day, if the motor vehicle is acquired:

 (a) after the official’s installation in Australia; and

 (b) in the period that begins on 1 December 2021 and ends before the transition day.

 (3) For the purposes of subsection (2), section 11 applies as if paragraph 11(3)(a) did not require the vehicle to be acquired within the first 6 months of the official’s installation in Australia.

Indirect tax concession scheme—conditions

 (4) Section 12, as amended by the amending instrument, applies in relation to the disposal of a motor vehicle by a person, on or after the commencement day, whether the vehicle was acquired before, on or after the commencement day.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history