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SR 2000 No. 84 Regulations as made
Principal Regulations
Administered by: Foreign Affairs and Trade
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 01
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR05-Jun-2000
Tabled Senate06-Jun-2000
Gazetted 01 Jun 2000
Table of contents.

Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (Privileges and Immunities) Regulations 2000

Statutory Rules 2000 No. 84

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

Dated 25 May 2000

WILLIAM DEANE
Governor-General

By His Excellency’s Command

ALEXANDER DOWNER

Minister for Foreign Affairs


Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (Privileges and Immunities) Regulations 2000

Statutory Rules 2000 No. 841

made under the

 

 

 

Contents

                                                                                                                 Page

                        1  Name of Regulations                                                         3

                        2  Commencement                                                                3

                        3  Definitions                                                                        3

                        4  Act applies to PrepCom                                                     3

                        5  Juridical personality and legal capacity of PrepCom            3

                        6  Privileges and immunities of PrepCom                               4

                        7  Privileges and immunities of PrepCom high officers            4

                        8  Immunity of former PrepCom high officers                         4

                        9  Privileges and immunities of PrepCom officers                   5

                       10  Immunity of former PrepCom officers                                 5

                       11  Privileges and immunities of persons performing PrepCom missions  6

                       12  Immunity of persons who have performed PrepCom missions 6

                       13  Waiver of privileges and immunities                                    6

                       14  Privileges and immunities subject to quarantine laws etc      7

 


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1              Name of Regulations

                These Regulations are the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (Privileges and Immunities) Regulations 2000.

2              Commencement

                These Regulations commence on gazettal.

3              Definitions

                In these Regulations:

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

PrepCom means the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, being the Organization within the meaning of the Comprehensive Nuclear Test-Ban Treaty Act 1998.

4              Act applies to PrepCom

                PrepCom is an international organisation to which the Act applies.

5              Juridical personality and legal capacity of PrepCom

         (1)   PrepCom is a body corporate with perpetual succession.

         (2)   PrepCom has the capacity, in its corporate name:

                (a)    to contract; and

               (b)    to acquire, hold and dispose of real and personal property; and

                (c)    to sue and be sued; and

               (d)    to begin and maintain other legal process.

6              Privileges and immunities of PrepCom

         (1)   PrepCom has the privileges and immunities specified in the items, except items 5 and 8, in the First Schedule to the Act.

         (2)   However, PrepCom does not have immunity from suit or other legal process for recovery of damages for any loss, injury or death arising from a motor vehicle accident.

         (3)   Also, property and assets of PrepCom are not immune or inviolable from a Commonwealth, State or Territory law:

                (a)    if the property or assets are abandoned by PrepCom for more than 12 months; or

               (b)    in an emergency in which there is a risk of personal injury or death, property damage or harm to the environment.

         (4)   Also, PrepCom does not have immunity from a Commonwealth, State or Territory law that imposes a fee for a service provided to PrepCom by the Commonwealth or a State or Territory, or a Commonwealth, State or Territory authority, that is in the form of a tax if the amount of the fee does not exceed the cost of providing the service.

7              Privileges and immunities of PrepCom high officers

         (1)   Offices in PrepCom at or above the level of Director are high offices.

         (2)   A person holding, or performing the duties of, a high office in PrepCom has the following privileges and immunities:

                (a)    the privileges and immunities accorded to PrepCom officers under regulation 9;

               (b)    immunity from personal arrest and detention;

                (c)    inviolability of personal baggage.

8              Immunity of former PrepCom high officers

         (1)   A person who has ceased to be a high officer of PrepCom has the immunity specified in Part II of the Second Schedule to the Act.

         (2)   However, the person does not have immunity from suit or other legal process in respect of recovery of damages for any loss, injury or death arising from a motor vehicle accident.

9              Privileges and immunities of PrepCom officers

         (1)   A person who holds an office in PrepCom, other than a high office, has the privileges and immunities specified in items 1 to 6 (inclusive) in Part I of the Fourth Schedule to the Act.

         (2)   However, the officer does not have the immunities specified in items 1, 5 and 6 in Part I of the Fourth Schedule to the Act if he or she is an Australian citizen or a permanent resident of Australia.

         (3)   Also, the officer does not have the immunity mentioned in subregulation (1) from suit or other legal process in respect of recovery of damages for any loss, injury or death arising from a motor vehicle accident.

         (4)   Also, property and assets of the officer are not immune or inviolable from a Commonwealth, State or Territory law:

                (a)    if the property or assets are abandoned by the officer for more than 12 months; or

               (b)    in an emergency in which there is a risk of personal injury or death, property damage or harm to the environment.

10            Immunity of former PrepCom officers

         (1)   A person who has ceased to hold an office mentioned in regulation 9 has the immunity specified in Part II of the Fourth Schedule to the Act.

         (2)   However, the person does not have immunity from suit or other legal process in respect of recovery of damages for any loss, injury or death arising from a motor vehicle accident.

11            Privileges and immunities of persons performing PrepCom missions

         (1)   A person who is performing, whether alone or jointly with other persons, a mission on behalf of PrepCom has the privileges and immunities specified in Part I of the Fifth Schedule to the Act.

         (2)   However, subregulation (1) does not apply to items 1 and 5 in Part I of the Fifth Schedule to the Act if the person is an Australian citizen or a permanent resident of Australia.

         (3)   Also, the person does not have the immunity mentioned in subregulation (1) from suit or other legal process in respect of recovery of damages for any loss, injury or death arising from a motor vehicle accident.

12            Immunity of persons who have performed PrepCom missions

         (1)   A person who has performed a mission on behalf of PrepCom has the immunity specified in Part II of the Fifth Schedule to the Act.

         (2)   However, the person does not have immunity from suit or other legal process in respect of recovery of damages for any loss, injury or death arising from a motor vehicle accident.

13            Waiver of privileges and immunities

                The Executive Secretary of PrepCom may waive a privilege or immunity to which PrepCom, or a person on whom the privilege or immunity is conferred by regulation 7, 8, 9, 10, 11 or 12, is entitled because of the Act and these Regulations.

14            Privileges and immunities subject to quarantine laws etc

         (1)   Nothing in these Regulations affects the operation of any law of the Commonwealth, a State or a Territory relating to quarantine, or restricting the importation into, or the exportation from, Australia or that State or Territory of any animals, plants or goods.

         (2)   However, this regulation does not prejudice the immunity from suit or from other legal process conferred by these Regulations.

Note

1.       Made by the Governor-General on 25 May 2000, and notified in the Commonwealth of Australia Gazette on 1 June 2000.