International Organizations (Privileges and Immunities of Specialized Agencies) Regulations (Repeal)

Legislation au C2004L05005 Regulations Not in force Legislative Instrument

Legislation content

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. 64 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will repeal the regulations made in 1959 under the International Organizations (Privileges and Immunities) Act 1948 (repealed in 1963) to confer privileges and immunities on the United Nations and persons associated with it, and for related purposes, and will enable new regulations to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) Regulations 1986, issued under the authority of the Minister of State for Foreign Affairs, were enacted to provide a comprehensive framework for the privileges and immunities of international organizations operating in Australia. The 1963 International Organizations (Privileges and Immunities) Act established the foundation for these regulations, which were intended to address gaps in the existing legal structure that could potentially hinder the effective functioning of international bodies within Australia. This legislative initiative was driven by the need to align Australia's domestic laws with international agreements and conventions, ensuring that international organizations could operate without undue legal hindrances, thereby facilitating global cooperation and the smooth execution of their mandates. The overarching policy objective was to uphold Australia's commitments under international law while enabling these organizations to perform their duties effectively.

Scope and Application

The International Organizations (Privileges and Immunities) Act 1963 applies to the United Nations and its affiliated bodies, specialized agencies, and other international organisations designated by the Governor-General as being entitled to privileges and immunities in Australia. This legislation provides a framework for conferring privileges and immunities upon these international entities, their officers, members' representatives, and individuals performing work on their behalf. The Act applies to these entities and individuals within the Commonwealth of Australia, ensuring they are granted the necessary legal protections to operate effectively without undue interference. The Act also allows the Governor-General to make regulations that prescribe the manner in which these privileges and immunities are to be conferred, aligning with Australia's obligations under international conventions and agreements. These regulations, such as the United Nations (Privileges and Immunities) Regulations and the Specialized Agencies (Privileges and Immunities) Regulations, provide specific details and operational guidelines for implementing the Act.

Key Provisions

The International Organizations (Privileges and Immunities) Act 1963, particularly under Section 13, empowers the Governor-General to enact regulations that are necessary to implement the Act and are not inconsistent with it. These regulations aim to provide privileges and immunities to international organizations and their representatives operating in Australia. This includes the United Nations, specialized agencies, the International Atomic Energy Agency, and the Intergovernmental Committee for Migration. The regulations are designed to bring Australia's legal framework into compliance with international agreements regarding the privileges and immunities of these organizations. The Act imposes several obligations on the parties involved. The United Nations (Privileges and Immunities) Regulations, Specialized Agencies (Privileges and Immunities) Regulations, and International Atomic Energy Agency (Privileges and Immunities) Regulations all require the entities to operate within the framework of their respective conventions and agreements. These regulations ensure that the organizations and their members enjoy the privileges and immunities outlined in these international instruments. Furthermore, they stipulate the conditions under which these privileges and immunities can be waived. The Intergovernmental Committee for Migration (Privileges and Immunities) Regulations specifically ensure that the Committee and its officers, except those residing in Australia, are exempt from paying taxes. Breaches of the provisions outlined in these regulations may result in various legal consequences. While the explanatory statement does not detail specific offences, penalties, or criminal consequences, it is implied that failure to comply with these regulations could lead to legal action. Given the nature of the privileges and immunities involved, violations could potentially result in civil actions for damages or other remedies, as well as administrative penalties. The precise penalties would depend on the nature and severity of the breach, as well as the specific regulations violated.

Legal classification tags

Area of Law
International Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Prohibited Conduct

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.