International Organizations (Declaration) Regulations (Repeal)

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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. 65 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will repeal the regulations made in 1959 under the International Organizations (Privileges and Immunities) Act 1948 (repealed in 1963) to confer privileges and immunities on the United Nations and persons associated with it, and for related purposes, and will enable new regulations to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 to facilitate Australia's adherence to various international conventions concerning the privileges and immunities of international organizations and their associated entities. This Act was created in response to the need for a legislative framework that would allow Australia to comply with international obligations and effectively implement the privileges and immunities accorded to international organizations under various conventions. The Act was enacted by the Parliament of Australia to ensure that Australia could uphold its commitments under international law and provide a structured approach to dealing with the legal status and immunities of international organizations operating within Australia. The policy objective of the Act is to streamline the process of granting privileges and immunities to international organizations and their personnel, thereby fostering smoother operations of these entities in Australia.

Scope and Application

The International Organizations (Privileges and Immunities) Act 1963 applies to the specialized agencies of the United Nations and their personnel, including officers, representatives, and persons working on behalf of these agencies, within Australia. The Act extends to the privileges and immunities granted to these entities and individuals, ensuring their protection under Australian law while they are operating in the country. This Act is designed to align Australia's domestic legislation with international conventions and agreements, specifically 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. The regulations made under this Act, such as the United Nations (Privileges and Immunities) Regulations and the Specialized Agencies (Privileges and Immunities) Regulations, provide the necessary legal framework to enforce these international agreements within Australia, ensuring that the privileges and immunities granted to these international organizations and their personnel are upheld. The application of the Act is national, covering all territories within Australia, and it does not explicitly state any exclusions or thresholds, though the privileges and immunities are contingent on compliance with the specific international agreements.

Key Provisions

The International Organizations (Privileges and Immunities) Act 1963 (the Act) allows the Governor-General to create regulations that are necessary to give effect to the Act (section 13). These regulations aim to implement Australia's commitment to international agreements regarding the privileges and immunities of international organizations and their members. The main operative sections of these regulations include the repeal of previous regulations (section 4) and the establishment of new regulations for specific international organizations, including the United Nations, specialized agencies, the International Atomic Energy Agency, and the Intergovernmental Committee for Migration. The new regulations set out the privileges and immunities that these organizations and their members will enjoy in Australia, in line with international conventions and agreements. The obligations imposed by these regulations on the parties or entities they govern include the provision of privileges and immunities to the international organizations and their members. These privileges and immunities are designed to facilitate the work of these organizations and their members in Australia, while also ensuring that they are not subject to undue legal or financial burdens. The regulations require these organizations and their members to comply with Australian laws and regulations, except where specific exemptions are provided by the regulations themselves. Additionally, the regulations establish procedures for the waiver of privileges and immunities in appropriate cases, ensuring that the interests of all parties are protected. Breaches of these regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. The specific penalties for breaches are not outlined in the Act or the regulations themselves, but may include fines, imprisonment, or other legal sanctions. In some cases, breaches may also result in the revocation of privileges and immunities, or the expulsion of individuals or organizations from Australia. It is important for all parties to be aware of their obligations under these regulations, and to take steps to ensure compliance in order to avoid any potential consequences.

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Area of Law
International Law
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Regulation
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Definitions & Interpretation
Licensing & Registration
Prohibited Conduct
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Privileges and Immunities

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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.