EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Foreign Affairs
International Organisations (Privileges and Immunities) Act 1963
Specialized Agencies (Privileges and Immunities) Amendment Regulation 2016 (No.1)
The International Organisations (Privileges and Immunities) Act 1963 (the Act) allows privileges and immunities to be conferred on ‘international organisations’ and ‘overseas organisations’, including persons connected to the organisations. The ‘international organisations’ and ‘overseas organisations’ are declared by regulations under the Act.
Section 13 of 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.
The Specialized Agencies (Privileges and Immunities) Amendment Regulation 2016 (No.1) (the Regulation) removes all reference to the United Nations World Tourism Organization (UNWTO), thereby giving effect to Australia’s withdrawal from the Statutes of the UNWTO, as approved by the Federal Executive Council on 6 August 2015.
Withdrawal follows a comprehensive review of the benefits of Australia’s membership, which included extensive consultation with key industry stakeholders. Industry also had the opportunity to input into DFAT’s draft national interest analysis submitted to the JSCOT. The review process concluded that Australia was not receiving adequate value from its investment in membership of the UNWTO.
On 19 August 2015, the Australian Government lodged the official Instrument of Withdrawal with the Spanish Foreign Ministry, as the Depositary Government for the Statutes of the UNWTO. From this date, Australia is serving a 12-month withdrawal notification period, as required under the Statutes. Australia will remain a fee-paying member of the UNWTO until 18 August 2016, when membership will officially cease.
The Regulation commences on 19 August 2016.
The Act specifies no conditions that need to be satisfied before the power to make the Regulation be exercised.
Details of the Regulation are set out in the Attachment.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Specialized Agencies (Privileges and Immunities) Amendment Regulation 2016 (No.1)
This Disallowable Legislative Instrument is 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 Disallowable Legislative Instrument
The Specialized Agencies (Privileges and Immunities) Amendment Regulation 2016 (No.1) (the Disallowable Legislative Instrument) removes all reference to the United Nations World Tourism Organization (UNWTO), thereby giving effect to Australia’s withdrawal from the Statutes of the UNWTO, as approved by the Federal Executive Council on 6 August 2015.
Withdrawal follows a comprehensive review of the benefits of Australia’s membership, which included extensive consultation with key industry stakeholders. Industry also had the opportunity to input into DFAT’s draft national interest analysis submitted to the JSCOT. The review process concluded that Australia was not receiving adequate value from its investment in membership of the Statutes of the UNWTO.
On 19 August 2015, the Australian Government lodged the official Instrument of Withdrawal with the Spanish Foreign Ministry, as the Depositary Government for the Statutes of the UNWTO. From this date, Australia is serving a 12-month withdrawal notification period, as required under the Statutes. Australia will remain a fee-paying member of the UNWTO until 18 August 2016, when membership will officially cease.
Human rights implications
This Disallowable Legislative Instrument does not engage or limit any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not cover any human rights-related issues.
ATTACHMENT
Details of the Specialized Agencies (Privileges and Immunities) Amendment Regulation 2016 (No.1)
Schedule 1 – Amendments
Schedule 1 makes the following amendments to the Specialized Agencies (Privileges and Immunities) Regulations 1986:
1 Subregulation 9(6)
Repeal the subregulation, substitute:
(6) Subregulation (5) applies to the United Nations Educational, Scientific and Cultural Organization.
2 Paragraph 9(8)(i)
Omit “Organization;”, substitute “Organization.”.
3 Paragraph 9(8)(j)
Repeal the paragraph.
4 Subregulation 9A(1)
Omit “(other than the World Tourism Organization)”.
5 Subregulation 9A(4)
Omit “(other than an office in the World Tourism Organization)”.
6 Subregulation 9A(7)
Omit “or a person who holds an office in the World Tourism Organization”.
7 Schedule (item 17)
Repeal the item.
Overview
The Specialized Agencies (Privileges and Immunities) Amendment Regulation 2016 (No.1) amends the Specialized Agencies (Privileges and Immunities) Regulations 1986 to give effect to Australia's withdrawal from the Statutes of the United Nations World Tourism Organization (UNWTO). Enacted by the Governor-General under the International Organisations (Privileges and Immunities) Act 1963, the regulation was introduced to address the issue of Australia's perceived inadequate return on investment from its UNWTO membership. After a comprehensive review and consultation with industry stakeholders, the Federal Executive Council approved Australia's withdrawal on 6 August 2015. The regulation removes all references to the UNWTO, effective from 19 August 2016, concluding a 12-month withdrawal period. During this period, Australia remains a fee-paying member of the UNWTO until membership officially ceases on 18 August 2016. The policy objective was to align Australia's international commitments with its national interests, ensuring optimal use of resources in international organisations.
Scope and Application
The International Organisations (Privileges and Immunities) Act 1963 allows for the conferring of privileges and immunities on ‘international organisations’ and ‘overseas organisations’ as declared by regulations under the Act, including individuals connected to these entities. The Specialized Agencies (Privileges and Immunities) Amendment Regulation 2016 (No. 1) amends the existing regulations by removing references to the United Nations World Tourism Organization (UNWTO) following Australia's decision to withdraw from the Statutes of the UNWTO. This decision was approved by the Federal Executive Council on 6 August 2015, after a comprehensive review concluded that Australia was not receiving adequate value from its investment in UNWTO membership. The Regulation, which comes into effect on 19 August 2016, follows a 12-month withdrawal notification period, during which Australia will remain a fee-paying member of the UNWTO until 18 August 2016. The Amendment Regulation ensures that the privileges and immunities previously afforded to the UNWTO and its personnel are no longer applicable, thereby reflecting Australia's official withdrawal from the organization.
Key Provisions
The Specialized Agencies (Privileges and Immunities) Amendment Regulation 2016 (No.1) amends the Specialized Agencies (Privileges and Immunities) Regulations 1986 to reflect Australia's withdrawal from the Statutes of the United Nations World Tourism Organization (UNWTO). Section 13 of the International Organisations (Privileges and Immunities) Act 1963 allows the Governor-General to make regulations prescribing matters required or permitted by the Act. The Regulation removes all references to the UNWTO, ensuring the legislative framework aligns with Australia's decision to withdraw from the organization. This change follows a comprehensive review and consultations with industry stakeholders, concluding that the benefits of membership did not justify the investment.
The Regulation imposes obligations on the entities previously covered by the Act, specifically relating to the UNWTO. It removes the privileges and immunities previously granted to the UNWTO and its personnel, thereby ceasing to recognise the organization under Australian law. This amendment ensures that the privileges and immunities are no longer applicable, aligning with Australia's withdrawal from the Statutes of the UNWTO. The Regulation effectively nullifies the legal status of the UNWTO within Australia, including its personnel and offices, as of the commencement date.
Any breach of the provisions in the International Organisations (Privileges and Immunities) Act 1963 could result in various civil or criminal consequences. While the Regulation itself does not specify penalties for non-compliance, breaches of the Act could lead to legal actions for actions taken under the mistaken belief that privileges and immunities still apply. Penalties for such breaches would depend on the specific nature of the violation, with potential consequences ranging from fines to imprisonment, as stipulated in the relevant sections of the Act. The exact penalties would be determined by the courts based on the severity and intent behind the breach.
The Specialized Agencies (Privileges and Immunities) Amendment Regulation 2016 (No.1) is compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights. The Regulation does not engage or limit any of the applicable rights or freedoms recognised under the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This compatibility ensures that the withdrawal from the UNWTO and the subsequent legislative amendments do not infringe upon any human rights. The review process and consultations with industry stakeholders also considered the impact on human rights, confirming that no adverse effects are anticipated.