Overseas Missions (Privileges and Immunities) Act 1995
Act No. 57 of 1995 as amended
This compilation was prepared on 28 April 2000
taking into account amendments up to Act No. 177 of 1999
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Definitions..................................
4 Designated overseas missions.......................
5 Application to external Territories....................
6 Privileges and immunities of designated overseas missions......
7 Privileges and immunities of persons associated with designated overseas missions
8 Privileges and immunities may be conferred subject to limitations or conditions
9 Scope of privileges and immunities....................
10 Waiver.....................................
11 Evidentiary certificate............................
12 Exemption from sales tax, customs duty and excise duty.......
13 Regulations..................................
Schedule 1—Privileges and immunities of designated overseas missions
Schedule 2—Privileges and immunities of persons associated with designated overseas missions
Notes
An Act about privileges and immunities of certain overseas missions, and for related purposes
This Act may be cited as the Overseas Missions (Privileges and Immunities) Act 1995.
This Act commences on the day on which it receives the Royal Assent.
In this Act:
Australia, when used in a geographical sense, includes the external Territories.
designated overseas mission has the meaning given by section 4.
foreign territory means:
(a) a colony, overseas territory, overseas province or protectorate of a foreign country; or
(b) a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; or
(c) a territory outside Australia that is to some extent self‑governing, but that is not recognised as an independent sovereign state by Australia.
mission means a mission, agency or office.
overseas mission means an official mission established in Australia to represent a foreign territory in one or more capacities.
(1) For the purposes of this Act, an overseas mission is a designated overseas mission if:
(a) the overseas mission is declared by the regulations to be a designated overseas mission; and
(b) there is in force a written instrument signed by the Minister authorising the overseas mission to operate in Australia in one or more specified capacities.
(2) If an instrument is made under paragraph (1)(b), the Minister must notify the making of the instrument in the Gazette.
This Act extends to each external Territory.
The regulations may confer on a designated overseas mission any or all of the privileges and immunities set out in Schedule 1.
The regulations may confer on:
(a) the head of a designated overseas mission; or
(b) a member of the staff of a designated overseas mission; or
(c) a member of the family of a person covered by paragraph (a) or (b), where the family member is part of the person's household;
any or all of the privileges and immunities set out in Schedule 2.
(1) Privileges and immunities may be conferred by the regulations either:
(a) unconditionally; or
(b) subject to any limitations or conditions specified in the regulations.
(2) This section does not affect the application of subsection 33(3A) of the Acts Interpretation Act 1901.
Privileges and immunities conferred by the regulations are privileges and immunities in relation to the operation of:
(a) the laws of the Commonwealth (including Acts other than this Act); and
(b) the laws of the States and Territories.
The regulations may deal with the waiver of any privileges or immunities conferred by the regulations.
(1) The Minister may give a written certificate certifying any fact relating to whether a mission or person:
(a) is entitled to any privileges or immunities conferred by the regulations; or
(b) was at any time entitled to any privileges or immunities conferred by the regulations; or
(c) was during any period entitled to any privileges or immunities conferred by the regulations.
(2) In any proceedings, a certificate given under this section is prima facie evidence of the facts certified.
(1) The regulations may provide that:
(a) sales tax; or
(b) a duty of customs; or
(c) a duty of excise;
is not payable on goods that are for:
(d) the official use of a designated overseas mission; or
(e) the personal use of a person referred to in section 7.
(2) Regulations made for the purposes of subsection (1) may provide for an exemption from sales tax, customs duty or excise duty either:
(a) unconditionally; or
(b) subject to any limitations or conditions specified in the regulations.
(3) The regulations may deal with the waiver of an exemption provided for by regulations made for the purposes of subsection (1).
(4) Subsection (2) does not affect the application of subsection 33(3A) of the Acts Interpretation Act 1901.
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Section 6
1. Inviolability of premises of, or occupied by, the mission.
2. Inviolability of property and assets of, or in the custody of, or administered by, the mission.
3. Exemption of property and assets of, or in the custody of, or administered by, the mission from restrictions and controls.
4. Inviolability of official documents and archives of the mission.
5. Freedom of communication for all official purposes of the mission.
6. Absence of censorship of official communications of the mission.
7. The right to use codes and to send and receive official documents by courier or in a sealed bag, and to have such a courier or bag treated as a diplomatic courier or a diplomatic bag, as the case may be.
8. Exemption from taxation of fees and charges imposed by the mission in the course of its official duties.
9. Exemption from taxation of premises of, or occupied by, the mission, where the taxation is imposed directly on the mission or on the foreign territory that the mission represents.
10. Exemption from taxation of the head of mission's residence, where the taxation is imposed directly on the mission or on the foreign territory that the mission represents.
11. Exemption from taxation of the residence of a member of the staff of the mission, where the taxation is imposed directly on the mission or on the foreign territory that the mission represents.
12. Exemption from taxation of articles for the official use of the mission.
Section 7
1. Inviolability of private residences.
2. Exemption from taxation.
3. Exemption from the application of laws relating to immigration or work permits.
4. Exemption from obligations under social security laws.
5. Exemption from inspection of personal baggage accompanying persons entering or leaving Australia, other than inspection for purposes relating to quarantine.
6. Immunity from arrest, search or detention.
7. Immunity from criminal, civil and administrative jurisdiction.
8. Exemption from obligations to give evidence in judicial or
administrative proceedings.
9. Exemption from restrictions on the export of movable property
of a deceased person.
10. Inviolability of papers, correspondence and property.
Notes to the Overseas Missions (Privileges and Immunities) Act 1995
Note 1
The Overseas Missions (Privileges and Immunities) Act 1995 as shown in this compilation comprises Act No. 57, 1995 amended as indicated in the Tables below.
Table of Acts
Act | Number | Date | Date of commencement | Application, saving or transitional provisions | ||||
Overseas Missions (Privileges and Immunities) Act 1995 | 57, 1995 | 28 June 1995 | 28 June 1995 |
| ||||
A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999 | 177, 1999 | 22 Dec 1999 | Schedule 7 (items 29‑37): [see (a) and Note 2] | — | ||||
(a) The Overseas Missions (Privileges and Immunities) Act 1995 was amended by Schedule 7 (items 29‑37) only of the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999, subsection 2(9) of which provides as follows:
(9) Schedules 7 and 8 (other than items 1 to 6 of Schedule 8) commence immediately after the commencement of the A New Tax System (Goods and Services Tax) Act 1999. [see Note 2]
Note 2
The following amendments commence on 1 July 2000, immediately after the A New Tax System Goods and Services Tax) Act 1999 commences:
Schedule 7
29 Section 3
Insert:
acquisition has the meaning given by section 195-1 of the GST Act.
30 Section 3
Insert:
approved form has the meaning given by section 995-1 of the Income Tax Assessment Act 1997.
31 Section 3
Insert:
Commissioner means the Commissioner of Taxation.
32 Section 3
Insert:
GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
33 Section 3
Insert:
indirect tax means:
(a) GST within the meaning of section 195-1 of the GST Act; or
(b) luxury car tax within the meaning of section 27-1 of the Luxury Car Tax Act; or
(c) wine equalisation tax within the meaning of section 33-1 of the Wine Equalisation Tax Act.
34 Section 3
Insert:
Luxury Car Tax Act means the A New Tax System (Luxury Car Tax) Act 1999.
35 Section 3
Insert:
Wine Equalisation Tax Act means the A New Tax System (Wine Equalisation Tax) Act 1999.
36 At the end of section 9
Add:
(2) Despite:
(a) section 177-5 of the GST Act; and
(b) section 21-5 of the Luxury Car Tax Act; and
(c) section 27-25 of the Wine Equalisation Tax Act;
indirect tax that would be payable on an importation under one of those Acts is not payable on an importation covered by an immunity from taxation (including customs duties) conferred by the regulations.
37 After section 12
Insert:
(1) If:
(a) an acquisition covered by regulations made for the purposes of this section is made:
(i) by or on behalf of the head of a designated overseas mission that has been granted an exemption (to some extent) from taxation under the regulations; or
(ii) by a person referred to in section 7, or another person, who is covered by regulations made for the purposes of this section; and
(b) at the time of the acquisition, it was intended for:
(i) the official use of the mission; or
(ii) a use covered by regulations made for the purposes of this section;
the Commissioner must, on behalf of the Commonwealth and subject to subsection (3), pay to the head of the mission (or a person in a class of persons determined by the Minister) an amount equal to the amount of indirect tax payable (if any) in respect of the supply of that acquisition.
(2) A claim for an amount covered by subsection (1) must be in the approved form.
(3) The amount is payable:
(a) in accordance with the conditions and limitations; and
(b) within the period and in the manner;
set out in regulations made for the purposes of this section.
(4) Regulations made for the purposes of subsection (3) may permit the Commissioner to determine the period within which, and the manner in which, the amount is payable.
(5) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
As at 28 April 2000 the amendments are not incorporated in this compilation.