Specialized Agencies (Privileges and Immunities) Amendment Regulations 2004 (No. 1) 2004 No. 240
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 240
Issued by the authority of the Minister for Foreign Affairs
International Organisations (Privileges and Immunities) Act 1963
Specialized Agencies (Privileges and Immunities) Amendment Regulations 2004 (No. 1)
Subsection 13 (1) of the International Organisations (Privileges and Immunities) Act 1963 (the Act) provides 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. Section 6 of the Act, in part, permits privileges, immunities and legal capacities to be conferred upon prescribed international organisations and persons involved in the work therewith.
The World Tourism Organization (WTO) aims to promote and develop tourism with a view to contributing to economic development, international understanding, peace, prosperity and universal respect for human rights and fundamental freedoms. It has been agreed that Australia rejoin the WTO by adopting the WTO Statutes. Australia joined the WTO in 1979, but withdrew in 1990. Since then, the WTO has adopted policies which align more closely with Australian interests.
It is necessary to make regulations under the Act as the WTO Statutes require that member States provide the WTO privileges and immunities that are required for the WTO to perform its functions.
The Regulations confer upon the World Tourism Organization (WTO) juridical personality and legal capacity to enable it to perform its functions in Australia. They also confer various privileges and immunities on the WTO such as immunity from suit and exemption from customs and excise duties on goods imported or exported for official use. The Regulations also provide that the official premises, property, and documents of the WTO are inviolable. They also exclude the WTO from the indirect tax concession scheme.
The Regulations also provide privileges and immunities to the Secretary-General and Deputy Secretary-General of the WTO, similar to those accorded to diplomatic agents in Australia under the Diplomatic Privileges and Immunities Act 1967. They also provide officers and employees of the WTO with similar privileges and immunities to those accorded to consular officers in Australia under the Consular Privileges and Immunities Act 1972.
The Regulations commence on a day to be specified in a written determination made by the Minister for Foreign Affairs, in accordance with subsection 13(2) of the Act. This will allow the Regulations to be brought into effect on a day not earlier than the day on which Australia rejoins the WTO. The day of commencement will therefore be a day in the future.
Overview
The Specialized Agencies (Privileges and Immunities) Amendment Regulations 2004 (No. 1) were enacted to address the need for Australia to provide privileges and immunities to the World Tourism Organization (WTO) in line with its statutes. This regulation was issued under the authority of the Minister for Foreign Affairs and serves as an amendment to the International Organisations (Privileges and Immunities) Act 1963. The primary objective of these regulations is to enable Australia to rejoin the WTO by conferring the necessary privileges and immunities, such as immunity from suit and exemption from customs and excise duties, on the WTO and its officials, thus facilitating the performance of its functions within Australia. This legislative action was necessary to ensure that Australia's re-entry into the WTO aligns with international obligations and supports the WTO's mission to promote and develop tourism.
Scope and Application
The Specialized Agencies (Privileges and Immunities) Amendment Regulations 2004 (No. 1) pertains to the World Tourism Organization (WTO) and its re-entry into Australian jurisdiction under the International Organisations (Privileges and Immunities) Act 1963. These regulations apply to the WTO as an international organisation and its officials, including the Secretary-General and Deputy Secretary-General, as well as officers and employees of the WTO. The scope of the Act includes the conferring of juridical personality and legal capacity to the WTO, necessary for it to perform its functions in Australia. Furthermore, the Act extends privileges and immunities to the WTO, such as immunity from legal proceedings, exemptions from customs and excise duties for goods imported or exported for official purposes, and inviolability of official premises, property, and documents. Notably, the WTO is excluded from the indirect tax concession scheme. The regulations also extend privileges and immunities to WTO officials and employees, aligning them with those granted to diplomatic and consular officers under Australian law. The application of these regulations is contingent upon Australia's formal rejoining of the WTO, with the commencement date to be determined by the Minister for Foreign Affairs.
Key Provisions
The Specialized Agencies (Privileges and Immunities) Amendment Regulations 2004 (No. 1) introduce several key provisions under the International Organisations (Privileges and Immunities) Act 1963. These regulations are designed to confer specific privileges and immunities upon the World Tourism Organization (WTO) and its officials to enable the WTO to perform its functions effectively within Australia. Section 6 of the Act allows for the conferring of privileges, immunities, and legal capacities upon prescribed international organisations, and the WTO falls under this provision. The regulations specifically provide the WTO with juridical personality and legal capacity, ensuring it can carry out its operations smoothly in Australia.
The obligations imposed by these regulations on the WTO and its officials are significant. The WTO is granted immunity from suit, meaning it cannot be sued in Australian courts for most civil claims. This immunity extends to its official premises, property, and documents, which are declared inviolable. Additionally, the WTO and its officials are exempted from customs and excise duties on goods imported or exported for official use. The regulations also ensure the WTO is excluded from the indirect tax concession scheme, maintaining fiscal integrity. Moreover, the Secretary-General and Deputy Secretary-General of the WTO are granted privileges and immunities similar to those of diplomatic agents, while other officers and employees receive privileges akin to those of consular officers.
Breach of the provisions outlined in these regulations can result in serious consequences. The Act does not specify particular offences within the regulations themselves, but violations of the privileges and immunities conferred could lead to legal actions under other applicable laws. Non-compliance with the inviolability of WTO premises or documents could potentially result in civil or criminal penalties, depending on the severity of the breach and the specific laws under which the action is pursued. Although the regulations do not detail specific penalties, breaches of related privileges and immunities under other Australian legislation can attract significant fines and other sanctions.