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These Regulations may be cited as the Commission for the Conservation of Southern Bluefin Tuna (Privileges and Immunities) Regulations.

2 Interpretation

In these Regulations:

Commission means the Commission for the Conservation of Southern Bluefin Tuna established under Article 6 of the Convention.

Convention means the Convention for the Conservation of Southern Bluefin Tuna done at Canberra on 10 May 1993 and entered into force on 20 May 1994.

Executive Secretary means the Executive Secretary of the Commission.

expert means a person who is performing short term or temporary projects on behalf of the Commission and includes a person who is:

(a) serving on the Scientific Committee or on another committee of the Commission; or

(b) participating in the work of, or performing a mission on behalf of, the Commission or Scientific Committee;

without necessarily receiving remuneration from the Commission or the Scientific Committee.

Scientific Committee means the Scientific Committee of the Commission.

serious offence means an offence under any law of the Commonwealth or a State or a Territory for which, if the act or omission 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 has legal personality and capacity

The Commission:

(a) is a body corporate with perpetual succession; and

(b) is capable, in its corporate name:

(i) of entering into contracts; and

(ii) of acquiring, holding and disposing of real and personal property; and

(iii) of suing and being sued.

5 Privileges and immunities of Commission

Subject to regulations 6, 7, 8, 9 and 9A, the Commission has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 11 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 on the Commission by regulation 5 does not extend to immunity from a suit or other legal process:

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

(b) in relation to:

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

(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; or

(d) under a final order of a Court — in relation to the attachment of any amount payable as salary, wages or other remuneration by the Commission to:

(i) a person holding an office in the Commission; or

(ii) an expert assisting the Commission; or

(e) in respect of which the Commission expressly waives its immunity; or

(f) in respect of the enforcement of an arbitration award made in any dispute between the Commission and the Commonwealth relating to any matter arising out of or concerning the establishment of the Secretariat and the headquarters of the Commission in the Australian Capital Territory.

7 Limitations on inviolability of premises

(1) If, in the event of a fire or other emergency, immediate entry to any premises occupied by the Commission is necessary:

(a) to protect life or property; or

(b) to bring the fire or other emergency under control;

regulation 5 does not operate to affect the application of any law of the Commonwealth, a State, a Territory or a municipal authority that authorises a person to enter those premises (without the consent of the owner or occupier of the premises, if necessary) to exercise any of the powers or to perform any of the duties conferred on that person under a relevant 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 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 property or assets abandoned by the Commission for a period exceeding 12 months.

9 Limitation on exemption from taxes etc

(1) The Commission is not exempt under regulation 5 from:

(a) any national, regional or municipal dues and taxes that constitute payment for specific services in respect of premises owned, leased or occupied by the Commission; or

(b) liability to pay taxes on the income of the Commission if income of the Commission is subjected to taxation under the law of any country other than Australia that is a member of the Commission.

(2) 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 to any goods that 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.

9A 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.

10 Privileges and immunities of Executive Secretary

(1) The office of Executive Secretary is a high office in the Commission for the purposes of subparagraph 6 (1) (b) (i) of the Act.

(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 to a child of the person if the child:

(a) has attained the age of 18 years; or

(b) ceases to be a dependant of the person.

(5) Subject to subregulation (6), 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.

(6) Subregulation (5) does not affect immunity from a suit or other legal process in relation to actions of a person undertaken in performing the duties of the office of Executive Secretary.

11 Privileges and immunities of officers of Commission

(1) Subject to subregulations (2), (6) and (7), a person who holds an office in the Commission (other than the office of Executive Secretary) 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 for services performed in Australia for the Commission by a person:

(a) to whom subregulation (1) applies; and

(b) who is a resident of Australia, within the meaning of the Income Tax Assessment Act 1936;

are exempt from taxation only if:

(d) the person came to Australia solely for the purpose of performing duties of the office in the Commission.

(3) A person to whom subregulation (1) applies and who 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.

(4) A person to whom subregulation (1) applies and who is:

(a) an Australian citizen; or

(b) a person permanently resident in Australia;

has, if the name of that person is included in a list that has been:

(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.

(5) Subject to subregulation (6), 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.

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

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

(7) The privilege specified in paragraph 3 of Part I of the Fourth Schedule to the Act and conferred under subregulation (1) does not apply to a child of the person if the child:

(a) has attained the age of 18 years; or

(b) ceases to be a dependant of the person.

12 Privileges and immunities of representatives attending conferences convened by Commission

(1) Subject to subregulations (3), (4) and (5), a person who is accredited to, or attends, a meeting convened by the Commission as a representative of a country other than Australia has the privileges and immunities specified in Part I of the Third Schedule to the Act.

(2) Subject to subregulations (4) and (5), a person who has ceased to be accredited to, or who has attended, a meeting convened by the Commission as a representative of a country other than Australia 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 if the person is found committing or attempting to commit, or has just committed, a serious offence.

(4) The immunities conferred on a person by subregulation (1) or (2) do not extend to immunity from a suit or other legal process for the recovery of damages for any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved.

(5) The immunities conferred on a person by subregulation (1) or (2) do not apply to a person who is an Australian citizen or a person permanently resident in Australia.

13 Privileges and immunities of experts working with Commission

(1) Subject to subregulations (4) and (5), an expert, not being a person to whom subregulation 11 (1) or 12 (1) applies, 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), an expert 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) An expert who 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 1, 5 and 6 of Part I of the Fifth Schedule to the Act.

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

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

(a) for the recovery of damages for 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, relating to motor traffic, motor vehicles or the use of a motor vehicle.

14 Waiver of privileges and immunities

(1) The Commission may waive any privilege or immunity conferred by the Act or these Regulations on:

(a) the Commission; or

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

(2) The Executive Secretary may waive any privileges or immunities to which a person is entitled under regulations 11 or 13.

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

(a) a person who is, or has been, accredited to or attending 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 under 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, accredited to or attending 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 under the Act or these Regulations.

15 Privileges and immunities subject to quarantine laws etc

(1) Subject to subregulation (2), nothing in these Regulations affects the application of any law of the Commonwealth, a State or a Territory relating to:

(a) quarantine; or

(b) the prohibition or restriction of imports into, or exports from, Australia or an External Territory of any animals, plants or goods; or

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

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1996 No. 40	17 Apr 1996	17 Apr 1996
1997 No. 352	15 Dec 1997	15 Dec 1997	—

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 2.................	am. 1997 No. 352
R. 5.................	am. 1997 No. 352
R. 9A................	ad. 1997 No. 352
R. 14................	am. 1997 No. 352