2004-2005

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Consular Privileges and Immunities Amendment Bill 2005

No.      , 2005

(Foreign Affairs)

A Bill for an Act to amend the Consular Privileges and Immunities Act 1972, and for related purposes

Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 1

Schedule 1—Amendment of the Consular Privileges and Immunities Act 1972     3

A Bill for an Act to amend the Consular Privileges and Immunities Act 1972, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Consular Privileges and Immunities Amendment Act 2005.

2  Commencement

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

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Consular Privileges and Immunities Act 1972

1  After section 10

Insert:

10AA  Additional privileges or immunities granted by agreement, arrangement or understanding

             (1)  If:

                     (a)  Australia, in writing, enters into an agreement, arrangement or understanding (the reciprocal instrument) with an overseas country (the reciprocating country); and

                     (b)  either:

                              (i)  at the time Australia enters into the reciprocal instrument, a determination under subsection (2) that the reciprocating country is one to which this section applies is in force; or

                             (ii)  at any later time, a determination under subsection (2) that the reciprocating country is one to which this section applies comes into force; and

                     (c)  the reciprocal instrument grants:

                              (i)  privileges or immunities, or both, to consular officers of Australia in the reciprocating country; and

                             (ii)  the same, or equivalent, privileges or immunities, or both, to consular officers of the reciprocating country in Australia; and

                     (d)  the privileges or immunities, or both, mentioned in paragraph (c) supplement, extend or amplify those granted by the Convention;

then, for so long as the reciprocal instrument continues to grant the privileges or immunities, or both, and the determination remains in force, the privileges or immunities, or both, are granted as mentioned in subparagraph (c)(ii).

             (2)  The Minister may, by legislative instrument, determine an overseas country to be an overseas country to which this section applies. The Minister may, by legislative instrument, revoke the determination.