Explanatory Statement
Issued by the Authority of the Minister for Foreign Affairs
International Organisations (Privileges and Immunities) Act 1963
International Organisations (Privileges and Immunities–Timor Sea Proceedings) Regulations 2017
The International Organisations (Privileges and Immunities) Act 1963 (the Act) relates to the privileges and immunities of certain international organisations and bodies, as well as persons connected to those organisations and bodies.
Section 13 of the Act permits the Governor-General to 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.
Section 9B of the Act provides that the regulations may confer privileges and immunities on specified international tribunals, as well as persons connected therewith.
Australia and Timor-Leste are currently engaged in compulsory conciliation proceedings pursuant to Article 298 and Annex V of the United Nations Convention on the Law of the Sea. These proceedings relate to maritime boundaries in the Timor Sea.
The International Organisations (Privileges and Immunities–Timor Sea Proceedings) Regulations 2017 (the Regulations) would implement the terms of appointment establishing these proceedings.
As Australia agreed in the terms of appointment, the Regulations would confer the privileges and immunities of diplomatic agents (as defined in the Vienna Convention on Diplomatic Relations) on members of the Conciliation Commission. It would also confer privileges and immunities on other relevant persons engaged by the Conciliation Commission, including technical experts and witnesses. The privileges and immunities only apply in relation to actions undertaken in the course of, or for the purposes of, the conciliation proceedings.
The Regulations are also limited in their application to Australian citizens. The Regulations would only extend privileges and immunities to Australian citizens appointed as members of the Conciliation Commission. The Regulations would not apply to other Australian citizens engaged in the conciliation proceedings.
Details of the proposed Regulations are set out in Attachment A.
The Regulations have been assessed to be compatible with human rights for the purposes of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights is set out in Attachment B.
The Attorney-General’s Department and the Australian Government Solicitor were consulted in the preparation of the Regulations.
The Office of Best Practice Regulation (OBPR) advised (reference number 21896) that a Regulatory Impact Statement is not required as the Regulations would not result in any additional regulatory requirements or costs for businesses, community organisations or individuals. No public consultation was undertaken in relation to the Regulations.
The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.
The proposed Regulations would be a legislative instrument for the purposes of the Legislation Act 2003 and it would commence on registration.
ATTACHMENT A [TO THE EXPLANATORY STATEMENT]
International Organisations (Privileges and Immunities–Timor Sea Proceedings) Regulations 2017
Section 1 – Name
This section provides that the title of the Regulations is the International Organisations (Privileges and Immunities–Timor Sea Proceedings) Regulations 2017.
Section 2 – Commencement
This section provides for the Regulations to commence on registration.
Section 3 – Authority
This section provides that the Regulations are made under the International Organisations (Privileges and Immunities) Act 1963.
Section 4 – Definitions
This section provides definitions for terms used in the Regulations.
Section 5 – Application of this instrument
This section provides that the Regulations apply to the compulsory conciliation proceedings between Australia and Timor-Leste and to the Conciliation Commission established by terms of appointment agreed between Australia, Timor-Leste and the Permanent Court of Arbitration.
Section 6, subsection (1) – Members of the Conciliation Commission and other persons
This subsection accords the privileges and immunities of diplomatic agents, as provided for by the Vienna Convention on Diplomatic Relations, to specified persons in relation to actions undertaken in the course of, or for the purposes of, the conciliation proceedings. These persons include the members of the Conciliation Commission (the conciliators), the staff of the International Bureau of the Permanent Court of Arbitration (acting as the Registry in these proceedings) and other relevant persons such as technical experts.
Section 6, subsection (2) – Members of the Conciliation Commission and other persons
This subsection limits the application of section 6, subsection (1) of the Regulations in relation to Australian citizens. The Regulations do not extend any privileges and immunities to Australian citizens, except in relation to members of the Conciliation Commission.
ATTACHMENT B [TO THE EXPLANATORY STATEMENT]
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
International Organisations (Privileges and Immunities–Timor Sea Proceedings) Regulations 2017
The Regulations are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill/Disallowable Legislative Instrument
Section 13 of the International Organisations (Privileges and Immunities) Act 1963 (the Act) permits the Governor-General to 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. Section 9B of the Act provides that the regulations may confer privileges and immunities on specified international tribunals, as well as persons connected therewith.
Australia and Timor-Leste are currently engaged in compulsory conciliation proceedings pursuant to Article 298 and Annex V of the United Nations Convention on the Law of the Sea. These proceedings relate to maritime boundaries in the Timor Sea.
The International Organisations (Privileges and Immunities–Timor Sea Proceedings) Regulations 2017 (the Regulations) would implement the terms of appointment establishing these proceedings.
As Australia agreed in the terms of appointment, the Regulations would confer the privileges and immunities of diplomatic agents (as defined in the Vienna Convention on Diplomatic Relations) on members of the Conciliation Commission. It would also confer privileges and immunities on other relevant persons engaged by the Conciliation Commission, including technical experts and witnesses. The privileges and immunities only apply in relation to actions undertaken in the course of, or for the purposes of, the conciliation proceedings.
The Regulations are also limited in their application to Australian citizens. The Regulations would only extend privileges and immunities to Australian citizens appointed as members of the Conciliation Commission. The Regulations would not apply to other Australian citizens engaged in the conciliation proceedings.
Human rights implications
The Regulations do not engage any of the applicable rights or freedoms.
Conclusion
The Regulations are compatible with human rights as they do not raise any human rights issues.