International Organizations (Privileges and Immunities) 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. 63 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will repeal the regulations made in 1959 under the International Organizations (Privileges and Immunities) Act 1948 (repealed in 1963) to confer privileges and immunities on the United Nations and persons associated with it, and for related purposes, and will enable new regulations to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 were enacted to give effect to Australia’s decision to accede to the Convention on the Privileges and Immunities of the Specialized Agencies and to accept the Agreement on the Privileges and Immunities of the International Atomic Energy Agency. This was done to ensure that Australia fulfilled its obligations under these international agreements by providing appropriate legal frameworks that grant necessary privileges and immunities to international organisations and their personnel operating within Australia. The regulations were issued under the authority of the Minister of State for Foreign Affairs and were made pursuant to Section 13 of the International Organizations (Privileges and Immunities) Act 1963, which empowers the Governor-General to make regulations for carrying out or giving effect to the Act. The policy objective was to streamline and modernise the legal provisions governing the privileges and immunities of international organisations in Australia, thereby facilitating smoother operations of these entities within the country.

Scope and Application

The International Organizations (Privileges and Immunities) Act 1963 applies to international organizations and their associated individuals, including the United Nations and its specialized agencies, ensuring they enjoy certain privileges and immunities in Australia. This Act extends its application to encompass the officers, representatives, and those performing work on behalf of these organizations. Geographically, the Act applies on a national level across Australia. The Act can be extended or restricted through subordinate instruments, such as regulations, which are made under the authority of the Minister of State for Foreign Affairs. For instance, the United Nations (Privileges and Immunities) Regulations and Specialized Agencies (Privileges and Immunities) Regulations provide specific details and enforce the privileges and immunities within Australia, while the International Atomic Energy Agency (Privileges and Immunities) Regulations (Amendment) ensure compliance with the respective agreement. These regulations repeal earlier provisions to streamline the application of privileges and immunities, ensuring they align with current international agreements and obligations.

Key Provisions

The International Organizations (Privileges and Immunities) Regulations 1986 (the Regulations) provide the framework for the privileges and immunities of international organizations and their officials in Australia. Section 13 of the International Organizations (Privileges and Immunities) Act 1963 (the Act) authorises the Governor-General to make regulations prescribing matters required or permitted by the Act, or necessary or convenient for carrying out or giving effect to the Act. The Regulations, made under this authority, consolidate and replace previous regulations to align with Australia's commitments to international agreements on the privileges and immunities of international organizations. The Regulations impose obligations on various parties, including the international organizations themselves, their officials, and Australian authorities. They ensure that international organizations and their personnel enjoy the privileges and immunities specified in international agreements, such as immunity from legal process, tax exemptions, and freedom from customs duties. These obligations are designed to facilitate the effective functioning of international organizations in Australia by providing them with the necessary legal protections and operational freedoms. Australian authorities are also required to respect and enforce these privileges and immunities where applicable. Breaches of the Regulations can lead to civil and criminal consequences. While specific offences and penalties are not detailed in the Explanatory Statement, the Act generally provides for penalties for non-compliance with the Regulations. These could include fines or imprisonment, depending on the severity of the breach and the specific provisions of the Act. The precise penalties would be determined by the courts in the context of any legal proceedings related to breaches of the Regulations. It is important for all parties involved to adhere to the Regulations to avoid potential legal repercussions.

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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.