Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations

Statutory Rules 1983 No. 22 as amended

made under the

International Organisations (Privileges and Immunities) Act 1963

This compilation was prepared on 11 April 2000
taking into account amendments up to SR 1997 No. 394

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations

Statutory Rules 1983 No. 22 as amended

made under the

International Organisations (Privileges and Immunities) Act 1963

Contents

Page

 1 Citation [see Note 1] 

 2 Interpretation 

 3 Act to apply to Commission 

 4 Commission to have juridical personality and legal capacities 

 5 Privileges and immunities of Commission 

 6 Limitation on immunity from suit etc 

 7 Limitations on inviolability of premises 

 8 Limitation on exemption of property etc of Commission from restrictions and controls             

 9 Limitation on exemption from taxes etc 

 9AA  Exemption from sales tax 

 9A Privileges and immunities of Executive Secretary 

 10 Privileges and immunities of officers of the Commission 

 10A Privileges and immunities of representatives attending conferences convened by Commission             

 10B Privileges and immunities of experts working with the Commission             

 11 Waiver of privileges and immunities 

 12 Privileges and immunities subject to quarantine laws etc 

Notes 

1 Citation [see Note 1]

  These Regulations may be cited as the Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations.

2 Interpretation

  In these Regulations, unless the contrary intention appears:

Commission means the Commission for the Conservation of Antarctic Marine Living Resources.

Executive Secretary means the Executive Secretary of the Commission.

serious offence means an offence under any law of the Commonwealth or a State or a Territory for which, if the offence had taken place in the Jervis Bay Territory, a person would be liable, on first conviction, to imprisonment for a period of not less than 5 years.

the Act means the International Organisations (Privileges and Immunities) Act 1963.

3 Act to apply to Commission

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

4 Commission to have juridical personality and legal capacities

  The Commission:

 (a) is a body corporate with perpetual succession;

 (b) has the capacity to contract; and

 (c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of instituting legal proceedings.

5 Privileges and immunities of Commission

  Subject to regulations 6, 7, 8, 9 and 9AA, the Commission has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10 and 12 of the First Schedule to the Act.

6 Limitation on immunity from suit etc

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

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

 (b) in relation to:

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

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

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

 (c) by way of, or in relation to, a counter-claim made against the Commission by a party to proceedings instituted by the Commission; or

 (d) in respect of the attachment, in accordance with a final order of a Court, of any amount payable as salary, wages or other remuneration by the Commission to any person who holds an office in the Commission or any expert assisting the Commission.

7 Limitations on inviolability of premises

 (1) Where, in the event of a fire or other emergency, immediate entry to any premises of, or occupied by, the Commission is necessary for the purpose of protecting life or property or bringing the fire or other emergency under control, regulation 5 does not operate to affect the application, in relation to those premises, of any law of the Commonwealth, of a State or of a Territory that authorizes a person, in such an event, to enter premises (without the consent of the owner or occupier of the premises, if necessary) for the purpose of exercising any of his powers or performing any of his duties under that law.

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

8 Limitation on exemption of property etc of Commission from restrictions and controls

  The exemption conferred by regulation 5 in respect of the property and assets of the Commission ceases to apply to any such property or assets where that property has, or those assets have, been abandoned by the Commission for a period exceeding 12 months.

9 Limitation on exemption from taxes etc

 (1) The Commission is not, by virtue of regulation 5, exempt from such national, regional or municipal dues and taxes in respect of the premises of the Commission, whether owned or leased, as represent payment for specific services rendered.

 (2) The Commission is not, by virtue of regulation 5, exempt from liability to pay taxes on the income of the Commission unless the Commission is in like manner exempted from that liability under the law of each country other than Australia that is a member of the Commission.

 (3) The exemption conferred by regulation 5 on the Commission from duties and taxes in respect of:

 (a) goods imported by the Commission into Australia; or

 (b) goods purchased or manufactured by the Commission in Australia;

  ceases to apply in relation to any goods so imported, manufactured or purchased where those goods are donated, sold, lent, or otherwise disposed of, in Australia, by the Commission otherwise than in accordance with conditions agreed upon in advance between the Commission and the Commonwealth of Australia.

9AA  Exemption from sales tax

 (1) The transactions of the Commission are not exempt from sales tax except as mentioned in subregulation (2).

 (2) Sales tax is not payable in respect of goods purchased by the Commission if the goods:

 (a) are for the official use of the Commission (including official entertainment by the Commission); and

 (b) are reasonably necessary for conduct of the Commission’s business.

9A Privileges and immunities of Executive Secretary

 (1) The office of Executive Secretary is a high office in the Commission.

 (2) Subject to subregulations (4) and (5), a person who holds, or is performing the duties of, the office of Executive Secretary has the privileges and immunities specified in Part I of the Second Schedule to the Act.

 (3) Subject to subregulation (5), a person who has ceased to hold, or perform the duties of, the office of Executive Secretary has the immunities specified in Part II of the Second Schedule to the Act.

 (4) The privileges and immunities conferred on a person under subregulation (2) do not apply in respect of a child of such a person where that child has attained the age of 18 years.

 (5) The privileges and immunities conferred on a person by subregulation (2), or the immunities conferred on a person by subregulation (3), do not extend to a person who is an Australian citizen or a permanent resident of Australia.

10 Privileges and immunities of officers of the Commission

 (1) Subject to subregulations (2), (5) and (6), a person who holds an office in the Commission has the privileges and immunities specified in paragraphs 1, 2 and 3 of Part I of the Fourth Schedule to the Act.

 (2) The salary and emoluments received from the Commission by a person who holds an office in the Commission, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936, are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person is not an Australian citizen and came to Australia solely for the purpose of performing duties of the office in the Commission held by him.

 (3) A person who holds an office in the Commission and 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 paragraphs 4, 5, 6 and 7 of Part I of the Fourth Schedule to the Act.

 (3A) A person who holds an office in the Commission and is:

 (a) an Australian citizen; or

 (b) a person permanently resident in Australia;

  has, where the name of that person is included in a list that, for the purposes of this provision, has been:

 (c) drawn up by the Executive Secretary; and

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

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

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

 (5) The immunities conferred on a person by subregulation (1) or (4) do not extend to immunity from a suit or other legal process:

 (a) for the recovery of damages in respect of 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, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.

 (6) The privilege specified in paragraph 3 of Part I of the Fourth Schedule to the Act, being a privilege conferred under subregulation (1) on a person who holds an office in the Commission, does not apply in respect of a child of such a person where that child has attained the age of 18 years.

10A Privileges and immunities of representatives attending conferences convened by Commission

 (1) Subject to subregulations (3) and (4), a person who is in attendance at an international conference convened by the Commission as a representative of:

 (a) a country other than Australia;

 (b) an international organisation (other than the Commission) to which the Act applies; or

 (c) an overseas organization to which the Act applies;

  has the privileges and immunities specified in Part I of the Third Schedule to the Act.

 (2) Subject to subregulation (4), a person who has attended an international conference convened by the Commission as a representative of:

 (a) a country other than Australia;

 (b) an international organisation (other than the Commission) to which the Act applies; or

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

  has the immunities specified in Part II of the Third Schedule to the Act.

 (3) The immunities conferred on a person by subregulation (1) do not extend to immunity from personal arrest and detention where such a person is found committing, attempting to commit or just having committed a serious offence.

 (4) The immunities conferred on a person by subregulation (1) or (2), as the case requires, do not extend to immunity from a suit or other legal process:

 (a) for the recovery of damages in respect of 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, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.

10B Privileges and immunities of experts working with the Commission

 (1) Subject to subregulations (4) and (5), a person who is serving on a committee, or is participating in the work, of the Commission or is performing, whether alone or jointly with other persons, a mission on behalf of the Commission has the privileges and immunities specified in paragraphs 2 and 3 of Part I of the Fifth Schedule to the Act.

 (2) Subject to subregulation (5), a person who has served on a committee, or participated in the work, of the Commission or performed a mission on behalf of the Commission has the immunities specified in Part II of the Fifth Schedule to the Act.

 (3) Where a person referred to in subregulation (1) is not:

 (a) an Australian citizen; or

 (b) a person permanently resident in Australia, that person has, in addition to the privileges and immunities referred to in that subregulation, the privileges and immunities specified in paragraphs 1, 5 and 6 of Part I of the Fifth Schedule to the Act.

 (4) The immunities conferred on a person by subregulation (1) do not extend to immunity from personal arrest and detention where such a person is found committing, attempting to commit or just having committed a serious offence.

 (5) The immunities conferred on a person by subregulation (1) or (2) do not extend to immunity from a suit or other legal process:

 (a) for the recovery of damages in respect of 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, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.

11 Waiver of privileges and immunities

 (1) The Commission may waive any privileges and immunities to which:

 (a) the Commission; or

 (b) a person who holds, or has ceased to hold, the office of Executive Secretary of the Commission;

  is entitled by virtue of these Regulations.

 (2) The Executive Secretary to the Commission may waive any privileges and immunities to which a person (other than the Executive Secretary to the Commission) is entitled by virtue of regulation 10.

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

 (a) a person who is, or has been, in attendance at an international conference convened by the Commission 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 to by virtue of the Act or these Regulations.

 (4) The principal executive official of:

 (a) an international organisation (other than the Commission) 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, in attendance at an international conference convened by the Commission 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 to by virtue of the Act or these Regulations.

12 Privileges and immunities subject to quarantine laws etc

  Nothing in these Regulations affects the application of any law of the Commonwealth, of a State or of a Territory relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, Australia, that State or that Territory, as the case may be, of any animals, plants or goods, but this regulation does not prejudice the immunity from suit or from other legal process conferred by these Regulations.

Notes to the Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations

Note 1

The Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations (in force under the International Organisations (Privileges and Immunities) Act 1963) as shown in this compilation comprise Statutory Rules 1983 No. 22 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments