Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998 1998 No. 136
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 136
Issued by the Authority of the Minister of Foreign Affairs
International Organisations (Privileges and Immunities) Act 1963
Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998
Section 13 of the International Organisations (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 the carrying out or giving effect to the Act.
The Joint Accreditation System of Australia and New Zealand (JAS-ANZ) was first established as an international organisation in 1991 by an agreement between the Australian and New Zealand Governments. A new agreement (the Agreement) completely reconstituting JAS-ANZ was signed on 25 March 1998. The objective of JAS-ANZ is to strengthen the trade relationship between Australia and New Zealand and to improve trade relationships of both with third countries. This is to be achieved by establishing a joint mechanism for accrediting bodies which provide conformity assessment services, obtaining recognition by national and international bodies for Australian and New Zealand producers, goods and services.
Article 17 of the new Agreement terminates the previous agreement and the organisation established under that earlier agreement. This requires new regulations to give effect to the re-constituted JAS-ANZ. The Regulations declare JAS-ANZ to be an "international organisation" to which the Act will apply and grant JAS-ANZ legal personality and capacity to enable it to exercise its powers and to perform its functions in Australia. They also repeal previous regulations that declared JAS-ANZ as an international organisation under the Act.
The Regulations will commence on a day specified in a written determination by the Minister under subsection 13(2) of the Act. The day of commencement must not be earlier than the day on which the Agreement becomes effective for Australia. The day of commencement will therefore be a day in the future.
Details of the Regulations are as follows:
Regulation 1 is a citation clause.
Regulation 2 provides that the proposed Regulations will commence on a day specified in a written determination by the Minister under subsection 13 (2) of the Act.
Regulation 3 is a definitions provision.
Regulation 4 declares JAS-ANZ to be an international organisation to which the Act applies.
Regulation 5 gives JAS-ANZ legal personality and legal capacity.
Regulation 6 repeals the previous regulations that established JAS-ANZ as an international organisation under the Act.
Overview
The Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998 were introduced to address the need for updated legal provisions governing the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) following the reconstitution of the organisation under a new agreement signed on 25 March 1998. Enacted under the authority of the Minister of Foreign Affairs, these regulations were formulated in accordance with section 13 of the International Organisations (Privileges and Immunities) Act 1963. The primary policy objective of these regulations is to ensure that JAS-ANZ, which aims to strengthen trade relations between Australia and New Zealand and enhance their trade relationships with third countries, has the necessary legal standing and capacity to perform its functions effectively within Australia. By declaring JAS-ANZ as an "international organisation" and granting it legal personality and capacity, the regulations aim to facilitate the organisation's operations and ensure its compliance with the provisions of the Act.
Scope and Application
The Joint Accreditation System of Australia and New Zealand (JAS-ANZ) is recognised as an international organisation under the International Organisations (Privileges and Immunities) Act 1963 (the Act) through the Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998. The Act applies to JAS-ANZ, granting it legal personality and capacity to exercise its powers and perform its functions within Australia. The regulations were necessitated by a new agreement signed on 25 March 1998 that reconstituted JAS-ANZ, aiming to strengthen trade relationships between Australia and New Zealand and with third countries by accrediting bodies that provide conformity assessment services. The commencement of these regulations will occur on a future date specified by the Minister, ensuring alignment with the effective date of the new agreement. The regulations repeal previous regulations that previously established JAS-ANZ as an international organisation under the Act.
Key Provisions
The Joint Accreditation System of Australia and New Zealand (JAS-ANZ) Regulations 1998 (the Regulations) were made under section 13 of the International Organisations (Privileges and Immunities) Act 1963 (the Act). These Regulations primarily serve to adapt existing legal frameworks to the newly constituted JAS-ANZ, which was established under a new agreement signed on 25 March 1998. Regulation 4 declares JAS-ANZ to be an "international organisation" for the purposes of the Act, thereby subjecting it to the privileges and immunities outlined in the Act. Regulation 5 grants JAS-ANZ the legal personality and capacity necessary to exercise its powers and perform its functions in Australia. Regulation 6 repeals previous regulations that previously recognised JAS-ANZ under the Act, making way for the new legal status of the organisation.
Under the Regulations, JAS-ANZ is obligated to function within the legal framework provided by the Act. This includes adhering to the privileges and immunities granted to international organisations, which may encompass tax exemptions, immunity from legal processes, and the ability to enter into contracts. The obligations also entail ensuring that its operations are aligned with the objectives outlined in the new agreement, which focuses on enhancing trade relationships between Australia, New Zealand, and third countries through conformity assessment services. JAS-ANZ must also ensure it obtains necessary recognitions from national and international bodies for Australian and New Zealand producers, goods, and services.
Breaches of the obligations or provisions of the Act can lead to legal consequences. The Act itself does not specify particular offences or penalties, but breaches of privileges and immunities can result in legal actions being taken against the organisation or its officials. The maximum penalties for such breaches would depend on the specific nature of the breach and could potentially involve fines or other civil remedies. Additionally, failure to comply with the Act could lead to the revocation of JAS-ANZ’s privileges and immunities, impacting its operational capacity in Australia.