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Act No. 58 of 1995 as made
An Act to make consequential amendments relating to the Overseas Missions (Privileges and Immunities) Act 1995
Administered by: Foreign Affairs and Trade
Date of Assent 28 Jun 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995

Making Information
- Assented to 28 June 1995

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - TABLE OF PROVISIONS

CONTENTS
Section
1. Short title
2. Commencement
3. Amendments
SCHEDULE 1
AUSTRALIAN PROTECTIVE SERVICE ACT 1987
SCHEDULE 2
CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976
SCHEDULE 3
DIPLOMATIC AND CONSULAR MISSIONS ACT 1978
SCHEDULE 4
PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - LONG TITLE

An Act to make consequential amendments relating to the
Overseas Missions (Privileges and Immunities) Act 1995

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SECT 1
Short title

1. This Act may be cited as the Overseas Missions (Privileges and Immunities) (Consequential Amendments) Act 1995.


(Minister's second reading speech made in-
Senate on 29 March 1995
House of Representatives on 21 June 1995)

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SECT 2
Commencement

2. This Act commences on the day on which it receives the Royal Assent.

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SECT 3
Amendments

3. The Acts specified in the Schedules are amended as set out in the Schedules.

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SCHEDULE 1

SCHEDULE 1 Section 3
AUSTRALIAN PROTECTIVE SERVICE ACT 1987
1. After paragraph 6(2)(a):
Insert:
"(ab) the protection of property in which a designated overseas
mission has an interest;".
2. Paragraph 6(2)(e):
After "(a)," insert "(ab),".
3. After subsection 6(3):
Insert:
"(3A) Without limiting the generality of paragraph (2)(ab), a
designated overseas mission is taken, for the purposes of that
paragraph, to have an interest in any property:
(a) that it owns, occupies or uses; or
(b) that is in its possession or under its control.".
4. Subsection 6(5):
Insert:
" 'designated overseas mission' has the same meaning as in the Overseas
Missions (Privileges and Immunities) Act 1995;".

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SCHEDULE 2

SCHEDULE 2 Section 3
CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976
1. Subsection 3(2):
Omit the subsection.
2. After section 3:
Insert:
Extended meaning of "internationally protected person"
"3A.(1) For the purposes of this Act, the definition of
'internationally protected person' in paragraph 1 of article 1 of the
Convention has effect as if the reference in that definition to a Head
of State included, in relation to Australia, the Governor-General.
"(2) For the purposes of this Act, the definition of 'internationally
protected person' in paragraph 1 of article 1 of the Convention has
effect as if that definition included, in prescribed circumstances, the
following persons:
(a) a prescribed representative or official of Australia;
(b) a prescribed representative or official of a prescribed state
other than Australia;
(c) a prescribed official or agent of a prescribed international
organisation, where the organisation is of an intergovernmental
character;
(d) a prescribed official of a prescribed designated overseas
mission;
(e) a member of the family of a person covered by paragraph (a), (b),
(c) or (d), where the family member is part of the person's household.

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Note 1: A person may be prescribed by name, by reference to the holding
of a specified office or position or by reference to membership of a
specified class.
Note 2: A thing may be prescribed by name or by reference to membership
of a specified class.
"(3) The Governor-General may make regulations for the purposes of
this section.
"(4) In this section:
'designated overseas mission' has the same meaning as in the Overseas
Missions (Privileges and Immunities) Act 1995;
'official', in relation to a designated overseas mission, means:
(a) the head of the mission; or
(b) a member of the staff of the mission.".
3. Section 17:
Repeal the section.

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SCHEDULE 3

SCHEDULE 3 Section 3
DIPLOMATIC AND CONSULAR MISSIONS ACT 1978
1. Title:
Add at the end "and to prevent the improper use of signs and titles of
designated overseas missions".
2. Subsection 3(1):
Insert:
" 'authorised capacity', in relation to a designated overseas
mission, means a capacity specified in an instrument in force under
paragraph 4(1)(b) of the Overseas Missions (Privileges and Immunities)
Act 1995, where the instrument relates to the mission;
'designated overseas mission' has the same meaning as in the Overseas
Missions (Privileges and Immunities) Act 1995;
'foreign territory' has the same meaning as in the Overseas Missions
(Privileges and Immunities) Act 1995;
'mission' means a mission, agency or office;".
3. Paragraph 4(1)(a):
Omit the paragraph, substitute:
"(a) from engaging, or attempting to engage, in conduct that:
(i) is, in relation to a diplomatic or consular mission established
in Australia with the consent of the Commonwealth, conduct to which
this subsection applies by virtue of subsection (2); or
(ii) is, in relation to a designated overseas mission of a foreign
territory, conduct to which this subsection applies by virtue of
subsection (2A) or (2B);".
4. Paragraph 4(2)(b):
Omit "country.", substitute "country;".
5. Subsection 4(2):
Add at the end (starting on a new line after the end of paragraph
4(2)(b)):
"other than:
(c) conduct engaged in by a member of the staff (including the head)
of a designated overseas mission in carrying out an authorised capacity
of the designated overseas mission; or
(d) conduct engaged in at the request or direction of a member of the
staff (including the head) of a designated overseas mission, where the
conduct would have been covered by paragraph (c) if it had been engaged
in by that staff member.".
6. After subsection 4(2):
Insert:
"(2A) A person engages in conduct that is, in relation to a
designated overseas mission of a foreign territory, conduct to which
subsection (1) applies if:
(a) the person displays, or causes or permits to be displayed, any
sign, flag or insignia; and
(b) the sign, flag or insignia is displayed within, on or outside any
premises; and
(c) the premises are not:
(i) premises of the designated overseas mission; or
(ii) the residence of a member of the staff (including the head) of
the designated overseas mission; and
(d) the sign, flag or insignia states, implies or is reasonably
capable of being taken to imply that there is located at the premises
an office of a mission, or the residence of a member of a mission, that
represents, in a capacity that corresponds to an authorised capacity of
the designated overseas mission:
(i) that foreign territory or a part of that foreign territory; or
(ii) the people of that foreign territory or of a part of that
foreign territory; or
(iii) a government of that foreign territory or of a part of that
foreign territory; and
(e) the conduct is neither:
(i) engaged in, in a diplomatic or consular capacity, by a member
of a diplomatic or consular mission established in Australia with the

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consent of the Commonwealth; nor
(ii) engaged in at the request or direction of a member of such a
diplomatic or consular mission, where the conduct would have been
covered by subparagraph (i) if it had been engaged in by the member.
"(2B) A person also engages in conduct that is, in relation to a
designated overseas mission of a foreign territory, conduct to which
subsection (1) applies if:
(a) the person makes or publishes, or causes or permits to be made or
published, any representation; and
(b) the representation states, implies or is reasonably capable of
being taken to imply that:
(i) there is located in Australia a mission (other than the
designated overseas mission of that foreign territory); or
(ii) a person in Australia occupies a position in a mission (other
than the designated overseas mission of that foreign territory);
that represents, in a capacity that corresponds to an authorised
capacity of the designated overseas mission:
(iii) that foreign territory or a part of that foreign territory;
or
(iv) the people of that foreign territory or of a part of that
foreign territory; or
(v) a government of that foreign territory or of a part of that
foreign territory; and
(c) the conduct is neither:
(i) engaged in, in a diplomatic or consular capacity, by a member
of a diplomatic or consular mission established in Australia with the
consent of the Commonwealth; nor
(ii) engaged in at the request or direction of a member of such a
diplomatic or consular mission, where the conduct would have been
covered by subparagraph (i) if it had been engaged in by the member.".
7. Subsection 5(1):
Omit "of a country established in Australia with the consent of the
Commonwealth", substitute "or a designated overseas mission".
8. After subsection 6(1):
Insert:
"(1A) The Minister may, for the purposes of this Act, give a written
certificate:
(a) certifying that a specified mission is, or is not, a designated
overseas mission of a foreign territory; or
(b) certifying that there is, or is not, located at specified
premises an office of a designated overseas mission of a foreign
territory; or
(c) certifying that there is, or is not, located at specified
premises the residence of a member of the staff (including the head) of
a designated overseas mission of a foreign territory; or
(d) certifying that a specified capacity is an authorised capacity of
a designated overseas mission of a foreign territory.".

OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SCHEDULE 4

SCHEDULE 4 Section 3
PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971
1. Title:
After "Consular Posts" insert ", Designated Overseas Missions".
2. Subsection 4(1):
Insert:
" 'designated overseas mission' has the same meaning as in the
Overseas Missions (Privileges and Immunities) Act 1995;
'prescribed staff member', in relation to a designated overseas
mission, means a member of the staff (including the head) of the
designated overseas mission who is specified in regulations made for
the purposes of this definition;
Note: A person may be prescribed by name, by reference to the holding
of a specified office or position or by reference to membership of a
specified class.".
3. Subsection 4(1) (after paragraph (b) of the definition of "protected
person"):
Insert:
"(ba) a prescribed staff member of a designated overseas mission;".
4. Subsection 4(1) (after paragraph (b) of the definition of "protected
premises"):
Insert:
"(ba) occupied for the purposes of a designated overseas mission;".
5. Section 4:
Add at the end:
"(3) The Governor-General may make regulations for the purposes of
the definition of 'prescribed staff member' in subsection (1).".
6. Part III (heading):
After "PERSONNEL", insert ", DESIGNATED OVERSEAS MISSIONS".
7. Section 14:
After "this Part" insert ", except in so far as they apply in relation
to designated overseas missions,".
1. On the commencement of this Act, the heading to section 4 of the
Diplomatic and Consular Missions Act 1978 is altered by omitting all
the words after "claims" and substituting "about diplomatic or consular
status or designated overseas mission status".