Statutory Rules 1998 No. 661
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Network of Aquaculture Centres in Asia and the Pacific (Privileges and Immunities) Regulations 1998
I, The 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 17 April 1998.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
ALEXANDER DOWNER
Minister for Foreign Affairs
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1. These Regulations are the Network of Aquaculture Centres in Asia and the Pacific (Privileges and Immunities) Regulations 1998.
Commencement
2. These Regulations take effect from the day specified in a written determination made by the Minister under subsection 13 (2) of the Act for the purposes of the commencement of these Regulations.
Definitions
3. In these Regulations:
Act means the International Organisations (Privileges and Immunities) Act 1963.
Coordinator means a person who holds, or is performing the duties of, the office of Coordinator of the Organisation.
Organisation means the Organisation for the Network of Aquaculture Centres in Asia and the Pacific established under Article 1 of the Agreement on the Network of Aquaculture Centres in Asia and the Pacific done at Bangkok on 8 January 1988.
Act to apply to the Organisation
4. The Organisation is declared to be an international organisation to which the Act applies.
Organisation has legal personality and capacity
5. The Organisation:
(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.
Privileges and immunities of the Organisation
6. (1) The Organisation has the privileges and immunities mentioned in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 11 and 12 of the First Schedule to the Act.
(2) The Organisation is not exempt under subregulation (1) from Commonwealth, State, Territory or municipal dues or taxes that constitute payment for specific services in respect of premises owned, leased or occupied by the Organisation.
Privileges and immunities of Coordinator
7. (1) The office of Coordinator is a high office in the Organisation for subparagraph 6 (1) (b) (i) of the Act.
(2) A person who holds, or is performing the duties of, the office of Coordinator has the privileges and immunities mentioned in Part I of the Second Schedule to the Act.
(3) A person who has ceased to hold, or perform the duties of, the office of Coordinator has the immunities mentioned in Part II of the Second Schedule to the Act.
(4) However, subregulations (2) and (3) do not apply to a person who is an Australian citizen, or a person permanently resident in Australia, except in relation to actions of the person undertaken in performing the duties of the office of Coordinator.
Privileges and immunities of representatives attending conferences convened by the Organisation
8. (1) A person who is accredited to, or attends, a conference in Australia convened by the Organisation as a representative of a country other than Australia, has the privileges and immunities mentioned in Part I of the Third Schedule to the Act.
(2) A person who has ceased to be accredited to, or who has attended, a conference convened by the Organisation in Australia as a representative of a country other than Australia, has the immunities mentioned in Part II of the Third Schedule to the Act.
(3) However, subregulations (1) and (2) do not apply to a person who is an Australian citizen or a person permanently resident in Australia.
Privileges and immunities of officers of the Organisation
9. (1) A person who holds an office in the Organisation (other than the office of Coordinator) has the privileges and immunities mentioned in Part I of the Fourth Schedule to the Act.
(2) However, if the person is a resident of Australia, within the meaning of the Income Tax Assessment Act 1936, any salary and allowances received by the person from the Organisation for services performed in Australia for the Organisation are exempt from taxation only if:
(a) the person is not an Australian citizen or a person permanently resident in Australia; and
(b) the person came to Australia solely for the purpose of performing services for the Organisation.
(3) A person who has ceased to hold an office in the Organisation (other than the office of Coordinator) has the immunities mentioned in Part II of the Fourth Schedule to the Act.
Waiver of privileges and immunities
10. (1) The Organisation may waive a privilege or immunity conferred by the Act or these Regulations on:
(a) the Organisation; or
(b) a person who holds, or has ceased to hold, the office of Coordinator.
(2) The Coordinator may waive a privilege or immunity conferred on a person under regulation 9.
(3) The government of a country may waive a privilege or immunity conferred by the Act or these Regulations on a person who, as a representative of that country:
(a) is a person mentioned in regulation 8; or
(b) is, or has been, a member of the official staff of a person mentioned in paragraph (a).
Liability for motor vehicle accident or offence
11. The immunities conferred by these Regulations do not extend to civil or criminal process:
(a) for the recovery of damages for any damage, injury or death resulting from an accident involving a motor vehicle owned or operated by the Organisation, or owned or driven by a person to whom a provision of these Regulations applies; or
(b) in relation to the commission of an offence under a law of the Commonwealth, a State or a Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle.
Privileges and immunities subject to quarantine laws etc
12. (1) These Regulations do not affect the application of any law of the Commonwealth, a State or a Territory about:
(a) quarantine; or
(b) importation into, or exportation from, Australia or an External Territory.
(2) However, subregulation (1) does not affect any immunity from civil or criminal process.
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NOTE
1. Notified in the Commonwealth of Australia Gazette on 24 April 1998.