International Organisations (Privileges and Immunities) (Conference of the Parties to the United Nations Framework Convention on Climate Change) Regulations 2022

made under the

International Organisations (Privileges and Immunities) Act 1963

Compilation No. 1

Compilation date: 16 September 2023

Includes amendments up to: F2023L01254

Registered: 3 October 2023

About this compilation

This compilation

This is a compilation of the International Organisations (Privileges and Immunities) (Conference of the Parties to the United Nations Framework Convention on Climate Change) Regulations 2022 that shows the text of the law as amended and in force on 16 September 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Conference of the Parties to the United Nations Framework Convention on Climate Change

5 Act applies to the Conference of the Parties

6 Conference of the Parties to have juridical personality and legal capacities

7 Privileges and immunities of the Conference of the Parties

8 Privileges and immunities of representatives and former representatives

9 Privileges and immunities of officers and former officers

10 Privileges and immunities of experts and former experts

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the International Organisations (Privileges and Immunities) (Conference of the Parties to the United Nations Framework Convention on Climate Change) Regulations 2022.

3  Authority

  This instrument is made under the International Organisations (Privileges and Immunities) Act 1963.

4  Definitions

  In this instrument:

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

Conference of the Parties means the Conference of the Parties to the United Nations Framework Convention on Climate Change.

expert:

 (a) means a person who is performing short‑term or temporary projects on behalf of the Conference of the Parties; and

 (b) includes a person who is:

 (i) serving on a body established by, or attending a meeting organised by, the Conference of the Parties; or

 (ii) participating in the work of, or performing a mission on behalf of, the Conference of the Parties;

  whether or not the person receives remuneration from the Conference of the Parties; and

 (c) does not include a person who holds an office in the Conference of the Parties.

serious offence means an offence under any law of the Commonwealth, or of a State or 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.

Part 2—Conference of the Parties to the United Nations Framework Convention on Climate Change

5  Act applies to the Conference of the Parties

For the purposes of subsection 5(1) of the Act, the Conference of the Parties is an international organisation to which the Act applies.

6  Conference of the Parties to have juridical personality and legal capacities

  For the purposes of subparagraph 6(1)(a)(i) of the Act, the Conference of the Parties:

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

 (b) is capable, in its corporate name, of:

 (i) entering into contracts; and

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

 (iii) instituting, and being a party to, legal proceedings.

7  Privileges and immunities of the Conference of the Parties

  For the purposes of subparagraph 6(1)(a)(ii) of the Act, the Conference of the Parties has the privileges and immunities specified in item 2 of the First Schedule to the Act, insofar as those privileges and immunities relate to the inviolability of premises of, or occupied by, the Conference of the Parties.

8  Privileges and immunities of representatives and former representatives

 (1) For the purposes of subparagraph 6(1)(c)(i) of the Act, the privileges and immunities specified in Part I of the Third Schedule to the Act are conferred upon a person who is accredited to, or is in attendance at an international conference convened by, the Conference of the Parties as a representative of:

 (a) a country other than Australia; or

 (b) another international organisation to which the Act applies; or

 (c) an overseas organisation to which the Act applies.

 (2) For the purposes of subparagraph 6(1)(c)(ii) of the Act, the privileges and immunities specified in Part II of the Third Schedule to the Act are conferred upon a person who has ceased to be accredited to, or has attended an international conference convened by, the Conference of the Parties as a representative of:

 (a) a country other than Australia; or

 (b) another international organisation to which the Act applies; or

 (c) an overseas organisation to which the Act applies.

9  Privileges and immunities of officers and former officers

 (1) For the purposes of subparagraph 6(1)(d)(i) of the Act, the privileges and immunities specified in Part I of the Fourth Schedule to the Act are conferred upon a person who:

 (a) holds an office in the Conference of the Parties; and

 (b) is in attendance at an international conference convened by the Conference of the Parties.

 (2) For the purposes of subparagraph 6(1)(d)(ii) of the Act, the privileges and immunities specified in Part II of the Fourth Schedule to the Act are conferred upon a person who:

 (a) has ceased to hold an office in the Conference of the Parties; and

 (b) while holding the office, was in attendance at an international conference convened by the Conference of the Parties;

in relation to acts and things done while the person was in attendance at the international conference.

10  Privileges and immunities of experts and former experts

 (1) For the purposes of subparagraph 6(1)(e)(i) of the Act, the privileges and immunities specified in paragraph 2 of Part I of the Fifth Schedule to the Act are conferred, subject to subsection (3), upon a person who:

 (a) is an expert; and

 (b) is not an Australian citizen or a permanent resident of Australia.

 (2) For the purposes of subparagraph 6(1)(e)(ii) of the Act, the immunities specified in Part II of the Fifth Schedule to the Act are conferred, subject to subsection (3), upon a person who:

 (a) has ceased to be an expert; and

 (b) is not an Australian citizen or a permanent resident of Australia.

 (3) The immunities conferred on a person by subsection (1) or (2) do not extend to:

 (a) immunity from a suit or other legal process:

 (i) 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

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

 (b) immunity from personal arrest and detention if that person is found committing or attempting to commit, or has just committed, a serious offence.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history