96R255

Statutory Rules 1996 No. 2291

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International Sea-Bed Authority (Privileges and Immunities) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Organizations (Privileges and Immunities) Act 1963.

Dated 23 October 1996.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

ALEXANDER DOWNER

Minister for Foreign Affairs

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Citation

1. These Regulations may be cited as the International Sea-Bed Authority (Privileges and Immunities) Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

2. In these Regulations:

“Authority” means the International Sea-Bed Authority established under Article 156 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982;

“expert” means a person who is performing short term or temporary missions on behalf of the Authority;

“the Act” means the International Organizations (Privileges and Immunities) Act 1963.

Act to apply to Authority

3. The Authority is declared to be an international organisation to which the Act applies.

Authority has legal personality and capacity

4. The Authority:

(a) is a body corporate with perpetual succession; and

(b) is capable, in its corporate name:

(i) of entering into contracts; and

(ii) of acquiring, holding and disposing of real and personal property; and

(iii) of suing and being sued.

Privileges and immunities of Authority

5. Subject to regulation 6, the Authority has the privileges and immunities specified in items 1, 2, 3, 4, 6, 7, 10, 11 and 12 of the First Schedule to the Act.

Limitation on immunity from suit etc.

6. The immunity from suit and from other legal process conferred on the Authority by regulation 5 does not extend to immunity from a suit or other legal process:

(a) for the recovery of damages for any damage, injury or death resulting from a motor vehicle accident or offence in which a motor vehicle owned by, or operated on behalf of, the Authority was involved; or

(b) in relation to:

(i) any contract entered into by the Authority for the supply of goods or services; or

(ii) any loan, or other transaction for the provision of finance, by or to the Authority; or

(iii) any contract of guarantee or indemnity to which the Authority is a party; or

(d) under a final order of a Court—in relation to the attachment of any amount payable as salary, wages or other remuneration by the Authority to:

(i) a person holding an office in the Authority; or

(ii) an expert assisting the Authority; or

(e) in respect of which the Authority expressly waives its immunity.

Privileges and immunities of representatives attending conferences convened by Authority

7. (1) Subject to subregulations (3) and (4), a person who is accredited to, or attends, a meeting convened by the Authority as a representative of a country other than Australia has the privileges and immunities specified in items 2, 5, 6 and 7 of Part I of the Third Schedule to the Act.

(2) Subject to subregulations (3) and (4), a person who has ceased to be accredited to, or who has attended, a meeting convened by the Authority as a representative of a country other than Australia has the immunities specified in Part II of the Third Schedule to the Act.

(3) The immunities conferred on a person by subregulation (1) or (2) do not extend to immunity from a suit or other legal process for the recovery of damages for any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved.

(4) The immunities conferred on a person by subregulation (1) or (2) do not apply to a person who is an Australian citizen or a person permanently resident in Australia.

Privileges and immunities of officers of Authority

8. (1) Subject to subregulations (2), (6) and (7), a person who holds an office in the Authority, including the Secretary-General of the Authority, has the privileges and immunities specified in items 1, 2 and 3 of Part I of the Fourth Schedule to the Act.

(2) The salary and emoluments received from the Authority for services performed in Australia for the Authority by a person:

(a) to whom subregulation (1) applies; and

(b) who is a resident of Australia, within the meaning of the Income Tax Assessment Act 1936;

are exempt from taxation only if:

(d) the person came to Australia solely for the purpose of performing duties of the office in the Authority.

(3) A person to whom subregulation (1) applies and who is not:

(a) an Australian citizen; or

(b) a person permanently resident in Australia;

has, in addition to the privileges and immunities referred to in subregulation (1), the privileges and immunities specified in items 4, 5 and 6 of Part I of the Fourth Schedule to the Act.

(4) A person to whom subregulation (1) applies and who is:

(a) an Australian citizen; or

(b) a person permanently resident in Australia;

has, if the name of that person is included in a list that has been:

(d) approved by the Minister by instrument in writing;

the privilege specified in item 4 of Part I of the Fourth Schedule to the Act.

(5) Subject to subregulation (6), a person who has ceased to hold an office in the Authority has the immunities specified in Part II of the Fourth Schedule to the Act.

(6) The immunities conferred on a person by subregulation (1) or (5) do not extend to immunity from a suit or other legal process:

(a) for the recovery of damages for any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or

(b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, with respect to motor traffic, motor vehicles or the use of a motor vehicle.

(7) The privilege specified in item 3 of Part I of the Fourth Schedule to the Act and conferred under subregulation (1) does not apply to a spouse or dependant relative of the person.

Privileges and immunities of experts working with Authority

9. An expert, not being a person to whom subregulation 7 (1) or 8 (1) applies, has the privilege specified in item 2A of Part I of the Fifth Schedule to the Act.

Waiver of privileges and immunities

10. (1) The Authority may waive any privilege or immunity conferred by the Act or these Regulations on the Authority.

(2) The Secretary-General of the Authority may waive any privileges or immunities to which a person is entitled under regulations 8 or 9.

(3) The government of a country may waive any privileges or immunities to which:

(a) a person who is, or has been, accredited to or attending an international conference convened by the Authority as a representative of that country; or

(b) a person who is, or has been during any period, a member of the official staff of a person referred to in paragraph (a);

is entitled under the Act or these Regulations.

(4) The principal executive official of:

(a) an international organisation (other than the Authority) to which the Act applies; or

(b) an overseas organisation to which the Act applies;

may waive any privileges and immunities to which:

(c) a person who is, or has been, accredited to or attending an international conference convened by the Authority as a representative of that organisation; or

(d) a person who is, or has been during any period, a member of the official staff of a person referred to in paragraph (c);

is entitled under the Act or these Regulations.

Privileges and immunities subject to quarantine laws etc.

11. (1) Subject to subregulation (2), nothing in these Regulations affects the application of any law of the Commonwealth, a State or a Territory relating to:

(a) quarantine; or

(b) the prohibition or restriction of imports into, or exports from, Australia or an External Territory of any animals, plants or goods; or

(2) Subregulation (1) does not prejudice the immunity from suit or from other legal processes conferred by these Regulations.

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NOTE

1. Notified in the Commonwealth of Australia Gazette on 30 October 1996.