INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT

COMMONWEALTH SECRETARIAT (PRIVILEGES AND IMMUNITIES) REGULATIONS

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Statutory Rules 1972 No. 175(b)

Citation.

1. These Regulations may be cited as the Commonwealth Secretariat (Privileges and Immunities) Regulations.

Repeal.

2. The Commonwealth Secretariat (Privileges and Immunities) Regulations (being Statutory Rules 1971, No. 7) are repealed.

Interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

“ high office in the Commonwealth Secretariat ” means an office in the Commonwealth Secretariat that is, by virtue of regulation 8 of these Regulations, a high office in the Commonwealth Secretariat for the purposes of sub-paragraph (i) of paragraph (b) of sub-section (1.) of section 6 of the Act;

“ the Act ” means the International Organizations (Privileges and Immunities) Act 1963-1966;

(b) Made under the International Organizations (Privileges and Immunities) Act 1963-1966 on 20 October 1972; notified in the Commonwealth Gazette on 23 October 1972.

“ the Commonwealth Secretariat ” means the organ of the Commonwealth of Nations established, under the name “ Commonwealth Secretariat ”, at a meeting of the Commonwealth Prime Ministers held in the year 1965.

(2.) A reference in these Regulations to a person who holds a high office in the Commonwealth Secretariat shall be read as including a reference to a person who is performing the duties of a high office in the Commonwealth Secretariat.

(3.) Where, by virtue of the last preceding sub-regulation, a provision of these Regulations applies to a person who is performing the duties of a high office in the Commonwealth Secretariat, a reference in the provision to the high office held by a person shall be read, in the application of the provision to a person who is performing the duties of a high office in the Commonwealth Secretariat, as a reference to the high office the duties of which the person is so performing.

Papua New Guinea.

4.—(1.) In this regulation, a reference to Papua New Guinea shall be read as a reference to the Territory of Papua and the Territory of New Guinea.

(2.) The privileges and immunities conferred by these Regulations do not extend—

(a) in the case of privileges and immunities conferred on the Commonwealth Secretariat—

(i) to or in relation to acts and things done by or on behalf of the Commonwealth Secretariat in Papua New Guinea;

(ii) to or in relation to any property or assets situated in Papua New Guinea of, in the custody of or administered by the Commonwealth Secretariat;

(b) in the case of privileges and immunities conferred on a person who holds or has held a high office in the Commonwealth Secretariat—to or in relation to—

(i) acts and things done by him in or in relation to Papua New Guinea; or

(ii) rights or liabilities of the person while he is in Papua New Guinea;

(c) in the case of privileges and immunities conferred on a person who is, or has ceased to be, accredited to the Commonwealth Secretariat as a representative of a country other than Australia—to or in relation to—

(i) acts or things done by him, in his capacity as such a representative, in or in relation to Papua New Guinea; or

(ii) rights or liabilities of the person while he is in Papua New Guinea;

(d) in the case of privileges and immunities conferred on a person who is in attendance at, or has attended, an international conference convened by the Commonwealth Secretariat as a representative of a country other than Australia—to or in relation to such a conference held in Papua New Guinea; or

(e) in the case of privileges and immunities conferred on a person who holds or has held an office in the Commonwealth Secretariat other than a high office—to or in relation to—

(i) acts and things done by him in or in relation to Papua New Guinea; or

(ii) rights or liabilities of the person while he is in Papua New Guinea.

International Organizations (Privileges and Immunities) Act to apply to the Commonwealth of Nations.

5. The Commonwealth of Nations is declared to be an international organization to which the Act applies.

Commonwealth Secretariat to have juridical personality and legal capacities.

6. The Commonwealth Secretariat—

(a) is a body corporate with perpetual succession;

(b) has the capacity to contract; and

(c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of instituting legal proceedings.

Privileges and immunities of the Commonwealth Secretariat.

7.—(1.) Subject to the next two succeeding sub-regulations, the Commonwealth Secretariat 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.

(2.) The Commonwealth Secretariat is not, by virtue of the last preceding sub-regulation, exempt from such national, regional or municipal dues and taxes in respect of the premises of the Commonwealth Secretariat, whether owned or leased, as represent payment for specific services rendered.

(3.) Where goods (not being publications of the Commonwealth Secretariat) are imported, manufactured or purchased by the Commonwealth Secretariat for sale by it, sub-regulation (1.) of this regulation does not operate to prevent sales tax being payable by the Commonwealth Secretariat or by any other person upon the sale value of the goods.

Privileges and immunities of high officers of the Commonwealth Secretariat.

8.—(1.) The offices of—

(a) Secretary-General of the Commonwealth Secretariat;

(b) Assistant Secretary-General of the Commonwealth Secretariat; and

are each a high office in the Commonwealth Secretariat for the purposes of subparagraph (i) of paragraph (b) of sub-section (1.) of section 6 of the Act.

(2.) Each office in the Commonwealth Secretariat of Deputy Secretary-General, Adviser, Director, Assistant Director and Special Assistant is a high office in the Commonwealth Secretariat for the purposes of sub-paragraph (i) of paragraph (b) of sub-section (1.) of section 6 of the Act.

(3.) Subject to the next succeeding sub-regulation, a person who holds a high office in the Commonwealth Secretariat has, while exercising the functions of the office that he holds, the privileges and immunities specified in Part I. of the Second Schedule to the Act.

(4.) The salary and emoluments received from the Commonwealth Secretariat by a person who holds a high office in the Commonwealth Secretariat are not exempt from taxation unless the salary and emoluments are subject to tax in the United Kingdom.

(5.) A person who has ceased to hold a high office in the Commonwealth Secretariat has the immunities specified in Part II. of the Second Schedule to the Act.

Privileges and immunities of representatives to a conference convened by the Commonwealth Secretariat.

9.—(1.) A person who is accredited to, or is in attendance at an international conference convened by, the Commonwealth Secretariat as a representative of a country other than Australia has, while exercising his functions as such a representative, the privileges and immunities specified in Part I. of the Third Schedule to the Act.

(2.) A person who has ceased to be accredited to, or who has attended an international conference convened by, the Commonwealth Secretariat as a representative of a country other than Australia has the immunities specified in Part II. of the Third Schedule to the Act.

Privileges and immunities of officers other than high officers of the Commonwealth Secretariat.

10.—(1.) Subject to sub-regulations (2.), (3.) and (5.) of this regulation, a person who holds an office in the Commonwealth Secretariat, other than a person who holds a high office in the Commonwealth Secretariat, has the privileges and immunities specified in paragraphs 1 and 2 of Part I. of the Fourth Schedule to the Act.

(2.) The salary and emoluments received from the Commonwealth Secretariat by a person to whom sub-regulation (1.) of this regulation applies are not exempt from taxation unless the salary and emoluments are subject to tax in the United Kingdom.

(3.) Notwithstanding the last preceding sub-regulation, the salary and emoluments received from the Commonwealth Secretariat by a person to whom sub-regulation (1.) of this regulation applies, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936-1972, are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person is not an Australian citizen and came to Australia solely for the purpose of performing duties of the office in the Commonwealth Secretariat held by him.

(4.) Subject to sub-regulation (5.) of this regulation, a person who has ceased to hold an office in the Commonwealth Secretariat, other than a high office in the Commonwealth Secretariat, has the immunities specified in Part II. of the Fourth Schedule to the Act.

(5.) The immunities conferred by sub-regulations (1.) and (4.) of this regulation do not extend to immunity from a suit or other legal process—

(a) seeking to recover damages in relation to the driving of a motor vehicle; or

(b) with respect to the commission of an offence under a provision of a law of the Commonwealth, a State or a Territory of the Commonwealth, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.

Waiver of privileges and immunities.

11.—(1.) The Commonwealth Secretariat may waive any privileges or immunities to which—

(a) the Commonwealth Secretariat;

(b) a person who holds or has ceased to hold a high office in the Commonwealth Secretariat; or

is entitled by virtue of the Act or these Regulations.

(2.) The government of a country may waive any privileges or immunities to which a person who is, or has ceased to be, accredited to, or is in attendance at, or has attended, an international conference convened by the Commonwealth Secretariat as a representative of that country is entitled by virtue of the Act or these Regulations.

Privileges and immunities subject to quarantine laws, &c.

12. Nothing in these Regulations affects the application of any law of the Commonwealth or of a Territory of the Commonwealth relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, Australia or that Territory, as the case may be, of any animals, plants or goods, but this regulation does not prejudice the immunity from suit or from civil or criminal process conferred by these Regulations.