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Textos principales Textos principales Inglés International Organizations (Privileges and Immunities) Act 1963 (consolidated as of October 21, 2016)        
 International Organizations (Privileges and Immunities) Act 1963 (consolidated as of October 21, 2016)

Prepared by the Office of Parliamentary Counsel, Canberra

International Organisations (Privileges

and Immunities) Act 1963

No. 50, 1963

Compilation No. 17

Compilation date: 21 October 2016

Includes amendments up to: Act No. 61, 2016

Registered: 7 November 2016

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About this compilation

This compilation

This is a compilation of the International Organisations (Privileges and

Immunities) Act 1963 that shows the text of the law as amended and in force on

21 October 2016 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation

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If a provision of the compiled law has been repealed in accordance with a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.

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International Organisations (Privileges and Immunities) Act 1963 i

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

Contents 1 Short title ...........................................................................................1

3 Interpretation .....................................................................................1

4 Extension of Act to Territories ..........................................................4

4A Application of the Criminal Code .....................................................4

5 International organisations to which Act applies ...............................4

5A Overseas organisations to which Act applies.....................................6

5B Special provisions in relation to Designated Authority .....................7

6 Privileges and immunities of certain international

organisations and persons connected therewith .................................7

7 Privileges and immunities of representatives attending

certain international conferences or engaged on missions in

Australia or a Territory ....................................................................10

8 Withdrawal of privileges and immunities of representatives

of countries not according reciprocal treatment...............................13

9 Privileges and immunities of judges and officials of, and

persons engaged in business before, the International Court

of Justice..........................................................................................13

9A Privileges and immunities in respect of certain proceedings

under the Investment Convention ....................................................14

9B Privileges and immunities of members of other international

tribunals...........................................................................................14

9C Privileges and immunities in respect of the International

Criminal Court.................................................................................15

9D Privileges and immunities in respect of the International

Committee of the Red Cross............................................................16

10 Waiver .............................................................................................16

11 Certificates by Minister ...................................................................16

11B Preservation of exemption from duties on importations ..................17

11C Indirect tax concession scheme .......................................................17

12 Protection of names etc. of international organisations ...................18

12A Conferral of juridical personality and legal capacities.....................20

12B No registration under the GST Act ..................................................20

12C Organisations that are bodies corporate are not

Commonwealth entities ...................................................................21

13 Regulations......................................................................................21

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ii International Organisations (Privileges and Immunities) Act 1963

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First Schedule 22

Second Schedule 24

Third Schedule 25

Fourth Schedule 26

Fifth Schedule 27

Endnotes 28

Endnote 1—About the endnotes 28

Endnote 2—Abbreviation key 30

Endnote 3—Legislation history 31

Endnote 4—Amendment history 34

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Section 1

International Organisations (Privileges and Immunities) Act 1963 1

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

An Act relating to the Privileges and Immunities of

certain International Organisations and of persons

connected therewith, and for other purposes

1 Short title

This Act may be cited as the International Organisations

(Privileges and Immunities) Act 1963.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

acquisition has the meaning given by section 195-1 of the GST

Act.

approved form has the meaning given by section 995-1 of the

Income Tax Assessment Act 1997.

association means an association or other body or group of

persons, whether incorporated or not.

Commissioner means the Commissioner of Taxation.

diplomatic agent and diplomatic mission have the same respective

meanings as in the Diplomatic Privileges and Immunities Act 1967.

enterprise has the meaning given by section 195-1 of the GST Act.

GST Act means the A New Tax System (Goods and Services Tax)

Act 1999.

ICRC Arrangement means the Arrangement Between The

Government of Australia and The International Committee of the

Red Cross (“ICRC”) On a Regional Headquarters in Australia,

done at Canberra on 24 November 2005 (a copy of the text of

which is set out in the regulations).

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indirect tax means:

(a) GST within the meaning of section 195-1 of the GST Act; or

(b) luxury car tax within the meaning of section 27-1 of the

Luxury Car Tax Act; or

(c) wine equalisation tax within the meaning of section 33-1 of

the Wine Equalisation Tax Act.

international conference means a conference that is attended by a

person representing Australia and:

(a) a person representing a country other than Australia; or

(b) a person representing an international organisation to which

this Act applies or an overseas organisation to which this Act

applies; or

(c) a person representing an organisation (other than an

organisation referred to in paragraph (b)) upon which

privileges and immunities have been conferred by regulations

made for the purposes of this Act;

whether or not it is also attended by another person or other

persons.

International Criminal Court means the International Criminal

Court established under the Rome Statute of the International

Criminal Court, done at Rome on 17 July 1998.

Note: The text of the Rome Statute is set out in Australian Treaty Series

2002 No. 15 ([2002] ATS 15). In 2013, the text of a Statute in the

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

international organisation to which this Act applies means an

organisation that is declared by the regulations to be an

international organisation to which this Act applies, and includes:

(a) an organ of, or office within, an organisation that is so

declared;

(b) a commission, council or other body established by such an

organisation or organ; and

(c) a committee, or sub-committee of a committee, of such an

organisation, organ, commission, council or body.

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International Organisations (Privileges and Immunities) Act 1963 3

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Investment Convention means the Convention on the Settlement

of Investment Disputes between States and Nationals of Other

States signed by Australia on 24 March 1975, the English text of

which is set out in Schedule 3 to the International Arbitration Act

1974.

Luxury Car Tax Act means the A New Tax System (Luxury Car

Tax) Act 1999.

member of the administrative and technical staff, in relation to a

diplomatic mission, has the same meaning as in the Diplomatic

Privileges and Immunities Act 1967.

overseas organisation to which this Act applies means an

organisation that is declared by the regulations to be an overseas

organisation to which this Act applies, and includes:

(a) an organ of, or office within, an organisation that is so

declared;

(b) a commission, council or other body established by such an

organisation or organ; and

(c) a committee, or sub-committee of a committee, of such an

organisation, organ, commission, council or body.

Wine Equalisation Tax Act means the A New Tax System (Wine

Equalisation Tax) Act 1999.

(2) The privileges and immunities conferred by this Act or the

regulations are privileges and immunities in relation to the

operation of the laws of the Commonwealth (including Acts of the

Commonwealth other than this Act) and of the States and

Territories of the Commonwealth.

(3) For the purposes of this Act, a person who is, or has been during

any period, a member of an organ of an international organisation

to which this Act applies but is not, or has not been during that

period, accredited to that organ as a representative of:

(a) a country;

(b) an international organisation to which this Act applies; or

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(c) an overseas organisation to which this Act applies;

shall be deemed to be, or to have been during that period, as the

case may be, so accredited as a representative of the country of

which he or she is a national.

(4) For the purposes of this Act:

(a) an alternate or deputy of, or substitute for, a representative of

a country, of an international organisation to which this Act

applies or of an overseas organisation to which this Act

applies; and

(b) an adviser to, or expert assisting, such a representative;

shall each be deemed to be a member of the official staff of the

representative.

(5) References in this Act to countries shall be read as including

references to the governments of countries.

(6) A reference in this Act to a Schedule by number shall be read as a

reference to the Schedule to this Act so numbered.

4 Extension of Act to Territories

This Act extends to every Territory of the Commonwealth.

4A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this

Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of

criminal responsibility.

5 International organisations to which Act applies

(1) The regulations may declare an organisation:

(a) of which Australia and a country or countries other than

Australia are members; or

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(b) that is constituted by a person or persons representing

Australia and a person or persons representing a country or

countries other than Australia;

to be an international organisation to which this Act applies.

(2) In determining whether a designated organisation is covered by

paragraph (1)(b), a person is taken to represent a particular country

if, and only if:

(a) the person has been nominated by an officer of the

government of that country to be a member of that

organisation; and

(b) the person is subject to direction by an officer of the

government of that country as to how the person’s rights in

relation to the person’s membership of the organisation are to

be exercised (whether or not any such directions have been

given).

(3) For the purposes of subsection (2), an organisation is a designated

organisation unless:

(a) the organisation is established by an agreement to which

Australia and one or more other countries are parties; and

(b) the advancement of the interests of Australia and that other

country or those other countries is, under the agreement, a

function (whether express or implied) of the organisation.

(4) Subsections (2) and (3) are to be disregarded in determining the

validity of regulations made before the commencement of this

subsection.

(5) The regulations may provide that this Act (other than

subsection (6)) has effect as if a specified organ of an international

organisation to which this Act applies were, in the organ’s own

right, an international organisation to which this Act applies.

Note: As a result of this subsection, the organ will not be treated as part of

the first-mentioned organisation.

(6) If:

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(a) an organ of an international organisation to which this Act

applies (the parent organisation):

(i) ceases to be an organ of the parent organisation; and

(ii) becomes a new organisation in its own right; and

(b) the new organisation is covered by paragraph (1)(a) or (b);

and

(c) the new organisation is not the subject of a declaration under

subsection (1); and

(d) the parent organisation is not declared by the regulations to

be exempt from this subsection;

the new organisation is taken, by force of this subsection, to be an

international organisation to which this Act applies throughout the

period:

(e) beginning when it became a new organisation in its own

right; and

(f) ending at whichever is the earlier of the following:

(i) the end of 12 months after the time when it became a

new organisation in its own right;

(ii) the time when it became the subject of a declaration

under subsection (1).

5A Overseas organisations to which Act applies

(1) Subject to subsection (2), the regulations may declare:

(a) an organisation the members of which are overseas countries

in a particular geographical region;

(b) an organisation that is constituted by persons representing

overseas countries in a particular geographical region; or

(c) an organisation established, or a group of organisations

constituted, by:

(i) organisations the members of which are overseas

countries in a particular geographical region; or

(ii) organisations that are constituted by persons

representing overseas countries in a particular

geographical region;

to be an overseas organisation to which this Act applies.

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(2) An organisation shall not be declared by the regulations to be an

overseas organisation to which this Act applies if:

(a) Australia is a member of the organisation; or

(b) the organisation is constituted by a person or persons

representing Australia and a person or persons representing a

country or countries other than Australia.

5B Special provisions in relation to Designated Authority

(1) The Designated Authority is an international organisation to which

this Act applies.

(2) The Designated Authority ceases to be an international

organisation to which this Act applies on the day specified in the

regulations.

(3) In this section:

Designated Authority has the same meaning as in the Petroleum

(Timor Sea Treaty) Act 2003.

6 Privileges and immunities of certain international organisations

and persons connected therewith

(1) Subject to this section, the regulations may, either without

restriction or to the extent or subject to the conditions prescribed

by the regulations:

(a) confer upon an international organisation to which this Act

applies:

(i) juridical personality and such legal capacities as are

necessary for the exercise of the powers and the

performance of the functions of the organisation; and

(ii) all or any of the privileges and immunities specified in

the First Schedule;

(b) confer:

(i) upon a person who holds, or is performing the duties of,

an office prescribed by the regulations to be a high

office in an international organisation to which this Act

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applies all or any of the privileges and immunities

specified in Part I of the Second Schedule; and

(ii) upon a person who has ceased to hold, or perform the

duties of, such an office the immunities specified in

Part II of the Second Schedule;

(c) confer:

(i) upon a person who is accredited to, or is in attendance at

an international conference convened by, an

international organisation to which this Act applies as a

representative of:

(A) a country other than Australia;

(B) another international organisation to which this

Act applies; or

(C) an overseas organisation to which this Act

applies;

all or any of the privileges and immunities specified in

Part I of the Third Schedule; and

(ii) upon a person who has ceased to be accredited to such

an organisation, or has attended such a conference, as

such a representative the immunities specified in Part II

of the Third Schedule;

(d) confer:

(i) upon a person who holds an office in an international

organisation to which this Act applies (not being an

office prescribed by the regulations to be a high office)

all or any of the privileges and immunities specified in

Part I of the Fourth Schedule; and

(ii) upon a person who has ceased to hold such an office the

immunities specified in Part II of the Fourth Schedule;

and

(e) confer:

(i) upon a person who is serving on a committee, or is

participating in the work, of an international

organisation to which this Act applies or is performing,

whether alone or jointly with other persons, a mission

on behalf of such an organisation all or any of the

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privileges and immunities specified in Part I of the Fifth

Schedule; and

(ii) upon a person who has served on such a committee or

participated in such work or has performed such a

mission the immunities specified in Part II of the Fifth

Schedule.

(2) Regulations made for the purposes of this section may be of

general application or may relate to:

(a) particular international organisations to which this Act

applies;

(b) particular offices or classes of offices;

(c) particular conferences, committees or missions or classes of

conferences, committees or missions; or

(d) representatives of particular countries, of particular

international organisations to which this Act applies or of

particular overseas organisations to which this Act applies.

(3) Where by the regulations any privileges or immunities are

conferred upon a person who is accredited to, or is in attendance at

an international conference convened by, an international

organisation to which this Act applies as a representative of:

(a) a country other than Australia;

(b) another international organisation to which this Act applies;

or

(c) an overseas organisation to which this Act applies;

that person is entitled to the same privileges and immunities while

travelling to a place for the purpose of presenting his or her

credentials or of attending the conference or while returning from a

place after ceasing to be so accredited or after attending the

conference.

(4) Where by the regulations any privileges or immunities are

conferred upon a person who is serving on a committee, or

participating in the work, of an international organisation to which

this Act applies or is performing, whether alone or jointly with

other persons, a mission on behalf of such an organisation, that

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person is entitled to the same privileges and immunities while

travelling to a place for the purpose of serving on the committee or

participating in that work or performing the mission or while

returning from a place after serving on the committee or

participating in that work or performing the mission.

(5) Subject to subsection (6), where by the regulations or by

subsection (3) any privileges or immunities are conferred upon a

person who is, or has been, a person accredited to, or in attendance

at an international conference convened by, an international

organisation to which this Act applies as a representative of:

(a) a country other than Australia;

(b) another international organisation to which this Act applies;

or

(c) an overseas organisation to which this Act applies;

a person who is, or has been during any period, a member of the

official staff of the first-mentioned person is entitled, in respect of

that period, to the same privileges and immunities.

(6) A person who is, or has been, a representative of:

(a) a country other than Australia;

(b) another international organisation to which this Act applies;

or

(c) an overseas organisation to which this Act applies;

or a member of the official staff of such a representative during the

period when he or she is or was an Australian citizen is not entitled

under this section or the regulations to any privileges or immunities

in respect of that period, except in respect of acts and things done

in his or her capacity as such a representative or member.

7 Privileges and immunities of representatives attending certain

international conferences or engaged on missions in

Australia or a Territory

(1) Where:

(a) an international conference is, or is to be, held in Australia or

in a Territory of the Commonwealth; or

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(b) a mission is, or is to be, sent by:

(i) a country other than Australia; or

(ii) an international organisation to which this Act applies

or an overseas organisation to which this Act applies; or

(iii) an organisation (other than an organisation referred to in

subparagraph (ii)) upon which privileges and

immunities have been conferred by regulations made for

the purposes of this Act;

to Australia or to a Territory of the Commonwealth;

and it appears to the Governor-General that the provisions of this

Act other than this section do not, or may not, apply in relation to

that conference or mission but it is desirable that diplomatic

privileges and immunities should be applicable in relation to that

conference or mission, the regulations may declare the conference

or mission, as the case may be, to be a conference or mission to

which this section applies.

(2) Subject to subsection (3), where a conference or mission has been

declared by the regulations to be a conference or mission to which

this section applies:

(a) a person who is, or has been, a representative of:

(i) a country other than Australia; or

(ii) an international organisation to which this Act applies

or an overseas organisation to which this Act applies; or

(iii) an organisation (other than an organisation referred to in

subparagraph (ii)) upon which privileges and

immunities have been conferred by regulations made for

the purposes of this Act;

at the conference or on the mission is, in respect of the period

in which he or she is, or has been, such a representative,

entitled to the privileges and immunities accorded to a

diplomatic agent;

(b) a person who is, or has been, a member of the official staff of

a person referred to in paragraph (a) during the whole or any

part of the period referred to in that paragraph is entitled to

the privileges and immunities accorded to a member of the

administrative and technical staff of a diplomatic mission in

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respect of that period or that part of that period, as the case

may be; and

(c) in the case of an international conference—a person who is,

or has been, a member of the secretariat established for the

purposes of the conference is entitled to immunity from suit

and from other legal process in respect of acts and things

done in his or her capacity as such a member.

(3) A person who is, or has been, in attendance at an international

conference, or engaged on a mission, to which this section applies

as a representative, or as a member of the official staff of a

representative, of:

(a) a country other than Australia; or

(b) an international organisation to which this Act applies or an

overseas organisation to which this Act applies; or

(c) an organisation (other than an organisation referred to in

paragraph (b)) upon which privileges and immunities have

been conferred by regulations made for the purposes of this

Act;

during a period when he or she is or was an Australian citizen, is

not entitled under subsection (2) to any privileges or immunities in

respect of that period, except in respect of acts and things done in

his or her capacity as such a representative or member.

(4) If:

(a) regulations are made for the purposes of subsection (1) after

the commencement of this subsection; and

(b) those regulations are in force immediately before the end of

the period of 12 months after they came into effect;

those regulations cease to be in force at the end of that 12-month

period.

(5) If:

(a) regulations were made for the purposes of subsection (1)

before the commencement of this subsection; and

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(b) those regulations are in force immediately before the end of

the period of 12 months after the commencement of this

subsection;

those regulations cease to be in force at the end of that 12-month

period.

8 Withdrawal of privileges and immunities of representatives of

countries not according reciprocal treatment

(1) Where the Minister is satisfied that persons, or members of the

official staffs of persons, representing Australia at an international

conference in a country would not receive in that country

privileges and immunities corresponding to those conferred in

Australia by this Act or the regulations upon persons, or upon

members of the official staffs of persons, representing that country,

the Minister may, by instrument in writing, withdraw from the

representatives, or from the members of the official staffs of the

representatives, of that country all or any of those privileges and

immunities.

(2) The Minister shall cause any such instrument to be published in the

Gazette.

9 Privileges and immunities of judges and officials of, and persons

engaged in business before, the International Court of

Justice

The regulations may confer upon:

(a) the judges, assessors and officials of the International Court

of Justice established by the Charter of the United Nations;

(b) persons engaged on missions by order of that Court;

(c) the agents, advocates and counsel of countries that are parties

in cases before that Court; and

(d) witnesses in cases before that Court;

such privileges and immunities as are required to give effect to the

Statute of that Court and such privileges and immunities in respect

of acts and things done in the course of the performance of their

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functions in connexion with the business of that Court as are

required to give effect to any resolution of, or convention or

agreement approved by, the General Assembly of the United

Nations.

9A Privileges and immunities in respect of certain proceedings

under the Investment Convention

(1) The regulations may confer upon:

(a) conciliators appointed to a Conciliation Commission; and

(b) arbitrators appointed to an Arbitral Tribunal; and

(c) arbitrators appointed to an ad hoc Committee of 3 persons

under Article 52;

the privileges and immunities required to give effect to Article 21

and paragraph (3) of Article 24.

(2) The regulations may confer upon parties, agents, counsel,

advocates, witnesses and experts in proceedings under the

Investment Convention the privileges and immunities required to

give effect to Article 22.

(3) This section is not to be read as limiting any other provision of this

Act, including the power to prescribe an organisation as an

international organisation to which this Act applies.

(4) A word or expression used in this section and in the Investment

Convention (whether or not a particular meaning is given to it by

the Investment Convention) has, in this section, the same meaning

as it has in the Investment Convention.

(5) A reference in this section to a numbered Article is a reference to

the Article so numbered in the Investment Convention.

9B Privileges and immunities of members of other international

tribunals

(1) The regulations may confer upon:

(a) a specified international tribunal; and

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(b) the members and officials of a specified international

tribunal; and

(c) experts and other persons engaged on missions by order of a

specified international tribunal; and

(d) the agents, advocates and counsel of parties in cases before a

specified international tribunal; and

(e) witnesses in cases before a specified international tribunal;

such privileges and immunities as are required to give effect to:

(f) if the instrument by which the international tribunal is

established relates to the privileges and immunities at the

international tribunal—that instrument; or

(g) if an agreement to which Australia and one or more other

countries are parties relates to the privileges and immunities

of the international tribunal—that agreement.

(2) This section and section 6 do not limit each other.

(3) In this section:

international tribunal means an international tribunal (however

described) that:

(a) has a judicial or quasi-judicial character; and

(b) is established by or under an agreement to which Australia

and one or more other countries are parties;

but does not include:

(c) the International Court of Justice established by the Charter

of the United Nations; or

(d) the International Criminal Court.

9C Privileges and immunities in respect of the International

Criminal Court

(1) The regulations may confer upon:

(a) the International Criminal Court; and

(b) persons of a kind referred to in the Agreement on the

Privileges and Immunities of the International Criminal

Court, done at New York on 9 September 2002;

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such privileges and immunities as are required to give effect to that

Agreement.

Note 1: In 2013, the text of the Agreement was accessible through the website

of the International Criminal Court (www.icc-cpi.int).

Note 2: The regulations may also confer upon the International Criminal Court

juridical personality and such legal capacities as are necessary for the

exercise of the Court’s functions and the fulfilment of its purposes

(see section 12A).

(2) This section and section 6 do not limit each other.

9D Privileges and immunities in respect of the International

Committee of the Red Cross

(1) The regulations may confer upon:

(a) the International Committee of the Red Cross; and

(b) persons of a kind referred to in the ICRC Arrangement;

such privileges and immunities as are required to give effect to that

Arrangement.

(2) The regulations may confer upon the International Committee of

the Red Cross juridical personality and such legal capacities as are

necessary for the exercise of its powers and the performance of its

functions.

10 Waiver

The regulations may make provision for or in relation to the waiver

of any privileges or immunities to which an international

organisation or a person is entitled by virtue of this Act or the

regulations.

11 Certificates by Minister

(1) The Minister may give a certificate in writing certifying any fact

relating to the question whether a person is, or was at any time or

in respect of any period, entitled, by virtue of this Act or the

regulations, to any privileges or immunities.

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(2) In any proceedings, a certificate given under this section is prima

facie evidence of the facts certified.

11B Preservation of exemption from duties on importations

Despite:

(a) section 177-5 of the GST Act; and

(b) section 21-5 of the Luxury Car Tax Act; and

(c) section 27-25 of the Wine Equalisation Tax Act;

indirect tax that would be payable on an importation under one of

those Acts is not payable on an importation covered by an

immunity from taxation (including customs duties) conferred by

the regulations.

11C Indirect tax concession scheme

(1) If:

(a) an acquisition covered by regulations made for the purposes

of this section is made:

(i) by or on behalf of an organisation upon which the

regulations have conferred an exemption (to some

extent) from taxation; or

(ii) by or on behalf of a person (the person) upon whom the

regulations have conferred an exemption (to some

extent) from taxation; and

(b) at the time of the acquisition, it was intended for:

(i) the official use of the organisation or the person; or

(ii) a use covered by regulations made for the purposes of

this section;

the Commissioner must, on behalf of the Commonwealth and

subject to subsection (3), pay to the organisation (or a person in a

class of persons determined by the Minister), or the person, an

amount equal to the amount of indirect tax payable (if any) in

respect of the supply of that acquisition.

(2) A claim for an amount covered by subsection (1) must be in the

approved form.

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Section 12

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(3) The amount is payable:

(a) in accordance with the conditions and limitations; and

(b) within the period and in the manner;

set out in regulations made for the purposes of this section.

(4) Regulations made for the purposes of subsection (3) may permit

the Commissioner to determine the period within which, and the

manner in which, the amount is payable.

(5) A determination under subsection (1) is a legislative instrument.

12 Protection of names etc. of international organisations

(1) Except with the consent in writing of the Minister, a person

(including a body corporate) shall not:

(a) use the name or an abbreviation of the name of an

international organisation to which this Act applies in

connexion with a trade, business, profession, calling or

occupation; or

(b) use:

(i) a seal, emblem or device that is identical with the

official seal or emblem of an international organisation

to which this Act applies;

(ii) a seal, emblem or device so nearly resembling the

official seal or emblem of such an organisation as to be

capable of being mistaken for that seal or emblem; or

(iii) a seal, emblem or device that is capable of being taken

to be the official seal or emblem of such an

organisation.

Penalty: 10 penalty units.

Note: This section does not apply in relation to the International Committee

of the Red Cross (as it is not an international organisation to which

this Act applies, as defined in subsection 3(1) of this Act). The use of

the emblem and designation “Red Cross” is dealt with by section 15 of

the Geneva Conventions Act 1957.

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(2) Where, without the consent in writing of the Minister, the name or

an abbreviation of the name of an international organisation to

which this Act applies, or a seal, emblem or device referred to in

paragraph (1)(b):

(a) is used as, or as part of, the name, seal or emblem of an

association;

(b) is used as, or as part of, the name or emblem of a newspaper

or magazine owned by, or published by or on behalf of, an

association; or

(c) is used by an association in connexion with any activity of

the association so as to imply that the association is in any

way connected with that organisation;

then:

(d) if the association is a body corporate—the association; or

(e) if the association is not a body corporate—every member of

the governing body of the association;

commits an offence against this section and is punishable upon

conviction by a fine not exceeding 10 penalty units.

(2A) An offence under subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) A person shall not be convicted of an offence against this section in

respect of the use of an abbreviation of the name of an international

organisation to which this Act applies if the use occurred in such

circumstances or in relation to such matters as to be unlikely to be

taken to imply any connexion with the organisation, unless the

prosecution proves that the use was intended to imply such a

connexion.

(4) The conviction of a person of an offence under this section in

respect of the use of a name, abbreviation of a name, seal, emblem

or device does not prevent a further conviction of that person in

respect of the use of that name, abbreviation, seal, emblem or

device at any time after the first-mentioned conviction.

(5) For the purposes of this section:

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Section 12A

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(a) any combination of words or letters, or of both words and

letters, that is capable of being understood as referring to an

international organisation to which this Act applies shall be

deemed to be an abbreviation of the name of that

organisation; and

(b) if a seal or emblem is declared by the regulations to be the

official seal or emblem of an international organisation to

which this Act applies, that seal or emblem shall be taken to

be the official seal or emblem of that organisation.

(6) Proceedings under this section shall not be instituted without the

consent in writing of the Attorney-General.

12A Conferral of juridical personality and legal capacities

(1) This section applies to an organisation if:

(a) either:

(i) the organisation is established by an instrument to

which 2 or more countries are parties; or

(ii) an instrument to which Australia and one or more other

countries are parties recognises the organisation as

having international legal personality; and

(b) it appears to the Minister that the provisions of this Act other

than this section do not, or may not, apply in relation to the

organisation, but that it is desirable that juridical personality

and one or more legal capacities should be conferred on the

organisation.

(2) The regulations may confer upon a specified organisation juridical

personality and such legal capacities as are necessary for the

exercise of the powers, and the performance of the functions, of the

organisation.

12B No registration under the GST Act

For the purposes of the GST Act, an organisation or person upon

which or whom the regulations have conferred privileges and

immunities is treated as not carrying on an enterprise when acting

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Section 12C

International Organisations (Privileges and Immunities) Act 1963 21

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

in the capacity in respect of which the organisation or person was

granted those privileges and immunities.

Note: This means that the organisation or person cannot be registered under

Division 23 of the GST Act in that capacity.

12C Organisations that are bodies corporate are not Commonwealth

entities

If the regulations provide that an organisation is a body corporate,

then, despite paragraph 10(1)(d) of the Public Governance,

Performance and Accountability Act 2013, the organisation is not a

Commonwealth entity for the purposes of that Act.

13 Regulations

(1) The Governor-General may make regulations, not inconsistent with

this Act, prescribing all matters required or permitted by this Act to

be prescribed, or necessary or convenient to be prescribed for

carrying out or giving effect to this Act.

(2) Regulations under this Act may be expressed to commence from a

day specified in a written determination made by the Minister

under this subsection for the purposes of the commencement of

those regulations. If the purpose or object underlying those

regulations is to implement an international instrument (whether or

not that purpose is expressly stated in those regulations), the day

must not be earlier than the day on which the instrument becomes

effective for Australia.

(3) Subsection (2) has effect despite anything in the Legislation Act

2003.

(4) A determination under subsection (2) is a legislative instrument.

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First Schedule

22 International Organisations (Privileges and Immunities) Act 1963

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

The Schedules

First Schedule Section 6

Privileges and Immunities of International Organisation

1. Immunity of the organisation, and of the property and assets of, or

in the custody of, or administered by, the organisation, from suit

and from other legal process.

2. Inviolability of property and assets of, or in the custody of, or

administered by, the organisation and of premises of, or occupied

by, the organisation.

3. Exemption of property and assets of, or in the custody of, or

administered by, the organisation from restrictions and controls.

4. Inviolability of archives.

5. Exemption from currency and exchange restrictions.

6. Exemption from duties on the importation or exportation of—

(a) goods imported or exported by the organisation for its

official use; and

(b) publications of the organisation imported or exported by it.

7. Exemption of the organisation from the liability to pay or collect

taxes other than duties on the importation or exportation of goods

and of the income, property, assets and transactions of the

organisation from such taxes.

8. Exemption from taxes of obligations and securities issued or

guaranteed by the organisation and of interest and dividends on

such obligations and securities.

9. Exemption from prohibitions and restrictions on the importation or

exportation of—

(a) goods imported or exported by the organisation for its

official use; and

(b) publications of the organisation imported or exported by it.

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International Organisations (Privileges and Immunities) Act 1963 23

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10. The right to avail itself, for telegraphic communications sent by it

and containing only matter intended for publication by the press or

for broadcasting (including communications addressed to or

despatched from places outside Australia), of any reduced rates

applicable in relation to telegraphic communications by the press.

11. Absence of censorship for official correspondence and other

official communications.

12. The right to use codes and to send and receive correspondence and

other papers and documents by couriers or in sealed bags and to

have any such couriers or bags treated as diplomatic couriers or

diplomatic bags, as the case may be.

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Second Schedule

24 International Organisations (Privileges and Immunities) Act 1963

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

Second Schedule Section 6

Part I

Privileges and Immunities of High Officer of International

Organisation

The like privileges and immunities (including privileges and

immunities in respect of a spouse and children under the age of

twenty-one years) as are accorded to a diplomatic agent.

Part II

Immunities of Former High Officer of International Organisation

Immunity from suit and from other legal process in respect of acts

and things done in his capacity as such an officer.

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Third Schedule

International Organisations (Privileges and Immunities) Act 1963 25

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

Third Schedule Section 6

Part I

Privileges and Immunities of Representative accredited to, or

attending Conference convened by, International Organisation

1. Immunity from personal arrest or detention.

2. Immunity from suit and from other legal process in respect of acts

and things done in his capacity as such a representative.

3. Inviolability of papers and documents.

4. The right to use codes and send and receive correspondence and

other papers and documents by couriers or in sealed bags.

5. Exemption (including exemption of the spouse of the

representative) from the application of laws relating to

immigration, the registration of aliens and the obligation to

perform national service.

6. Exemption from currency or exchange restrictions to such extent as

is accorded to a representative of a foreign government on a

temporary mission on behalf of that government.

7. The like privileges and immunities, not being privileges and

immunities of a kind referred to in any of the preceding

paragraphs, as are accorded to a diplomatic agent, other than

exemption from—

(a) excise duties; and

(c) duties on the importation or exportation of goods not forming

part of personal baggage.

Part II

Immunities of Former Representative accredited to, or attending

Conference convened by, International Organisation

Immunity from suit and from other legal process in respect of acts

and things done in his capacity as such a representative.

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Fourth Schedule

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Fourth Schedule Section 6

Part I

Privileges and Immunities of Officer (other than High Officer) of

International Organisation

1. Immunity from suit and from other legal process in respect of acts

and things done in his capacity as such an officer.

2. Exemption from taxation on salaries and emoluments received

from the organisation.

3. Exemption (including exemption of a spouse and any dependent

relatives) from the application of laws relating to immigration and

the registration of aliens.

4. Exemption from the obligation to perform national service.

5. Exemption from currency or exchange restrictions to such extent as

is accorded to an official, of comparable rank, forming part of a

diplomatic mission.

6. The like repatriation facilities (including repatriation facilities for a

spouse and any dependent relatives) in time of international crisis

as are accorded to a diplomatic agent.

7. The right to import furniture and effects free of duties when first

taking up a post in Australia and to export furniture and effects free

of duties when leaving Australia on the termination of his

functions.

Part II

Immunities of Former Officer (other than High Officer) of

International Organisation

Immunity from suit and from other legal process in respect of acts

and things done in his capacity as such an officer.

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Fifth Schedule

International Organisations (Privileges and Immunities) Act 1963 27

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Fifth Schedule Section 6

Part I

Privileges and Immunities of Person serving on Committee or

participating in Work of, or performing Mission on behalf of,

International Organisation

1. Immunity from personal arrest or detention.

2. Immunity from suit and from other legal process in respect of acts

and things done in serving on the committee, participating in the

work or performing the mission.

2A. Exemption from taxation on salaries and emoluments received

from the organisation.

3. Inviolability of papers and documents.

4. The right, for the purpose of communicating with the organisation,

to use codes and to send and receive correspondence and other

papers and documents by couriers or in sealed bags.

5. Exemption from currency or exchange restrictions to such extent as

is accorded to a representative of a foreign government on a

temporary mission on behalf of that government.

6. The like privileges and immunities in respect of personal baggage

as are accorded to a diplomatic agent.

Part II

Immunities of Person who has served on Committee or

participated in Work of, or performed Mission on behalf of,

International Organisation

Immunity from suit and from other legal process in respect of acts

and things done in serving on the committee, participating in the

work or performing the mission.

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Endnotes

Endnote 1—About the endnotes

28 International Organisations (Privileges and Immunities) Act 1963

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

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

the amendment to be made. If, despite the misdescription, the amendment can

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Endnotes

Endnote 1—About the endnotes

International Organisations (Privileges and Immunities) Act 1963 29

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

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Endnotes

Endnote 2—Abbreviation key

30 International Organisations (Privileges and Immunities) Act 1963

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

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Endnote 3—Legislation history

International Organisations (Privileges and Immunities) Act 1963 31

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

International

Organizations

(Privileges and

Immunities) Act 1963

50, 1963 18 Oct

1963

15 Nov 1963

Statute Law Revision

(Decimal Currency) Act

1966

93, 1966 29 Oct

1966

First Sch and Second Sch:

1 Dec 1966 (s 2(1))

International

Organizations

(Privileges and

Immunities) Amendment

Act 1982

4, 1982 22 Mar

1982

19 Apr 1982 —

Statute Law

(Miscellaneous

Provisions) Act 1987

141, 1987 18 Dec

1987

s 5(1) and Sch 1: 18 Dec

1987 (s 2(1))

s 5(1)

ICSID Implementation

Act 1990

107, 1990 18 Dec

1990

s 6–8 and Sch: 1 June

1991 (s 2(2) and gaz

1991, No. S98)

Foreign Affairs and

Trade Legislation

Amendment Act 1997

150, 1997 17 Oct

1997

Sch 1 (items 7–14): 17

Oct 1997 (s 2(1))

Sch 1 (item 14)

A New Tax System

(Indirect Tax and

Consequential

Amendments) Act

(No. 2) 1999

177, 1999 22 Dec

1999

Sch 7 (items 19–28):

1 July 2000 (s 2(9))

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Endnote 3—Legislation history

32 International Organisations (Privileges and Immunities) Act 1963

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Foreign Affairs and

Trade Legislation

Amendment

(Application of Criminal

Code) Act 2001

35, 2001 28 Apr

2001

Sch 1 (items 16, 17):

26 May 2001 (s 2(a))

s 4

Petroleum (Timor Sea

Treaty) (Consequential

Amendments) Act 2003

10, 2003 2 Apr 2003 Sch 1 (item 53): 2 Apr

2003 (s 2(1) item 3)

Legislative Instruments

(Transitional Provisions

and Consequential

Amendments) Act 2003

140, 2003 17 Dec

2003

s 4 and Sch 1 (item 28):

1 Jan 2005 s 2(1) items 2,

3)

s 4

Tax Laws Amendment

(Repeal of Inoperative

Provisions) Act 2006

101, 2006 14 Sept

2006

Sch 5 (items 127–129)

and Sch 6 (items 5–11):

14 Sept 2006 (s 2(1)

item 4)

Sch 6 (items 5–11)

Statute Law Revision

Act 2008

73, 2008 3 July 2008 Sch 4 (items 352–359):

4 July 2008 (s 2(1)

item 64)

Statute Law Revision

Act 2013

103, 2013 29 June

2013

Sch 3 (items 115, 343):

29 June 2013 (s 2(1)

item 16)

Sch 3 (item 343)

International

Organisations (Privileges

and Immunities)

Amendment Act 2013

127, 2013 1 July 2013 Sch 1: 8 Nov 2013 (s 2(1)

item 2)

Remainder: 1 July 2013

(s 2(1) item 1)

Public Governance and

Resources Legislation

Amendment Act (No. 1)

2015

36, 2015 13 Apr

2015

Sch 6 (item 27) and

Sch 7: 14 Apr 2015 (s 2)

Sch 7

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Endnote 3—Legislation history

International Organisations (Privileges and Immunities) Act 1963 33

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

as amended by

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (item 486): 5 Mar

2016 (s 2(1) item 2)

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (items 316–318): 5

Mar 2016 (s 2(1) item 2)

Statute Law Revision

Act (No. 1) 2016

4, 2016 11 Feb

2016

Sch 4 (items 1, 204):

10 Mar 2016 (s 2(1)

item 6)

Statute Update Act 2016 61, 2016 23 Sept

2016

Sch 1 (items 304, 305)

and Sch 3 (item 27): 21

Oct 2016 (s 2(1) item 1)

Authorised Version C2016C01053 registered 07/11/2016

Endnotes

Endnote 4—Amendment history

34 International Organisations (Privileges and Immunities) Act 1963

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

Endnote 4—Amendment history

Provision affected How affected

Title ...............................................am No 150, 1997

s 1 ..................................................am No 150, 1997

s 2 ..................................................am No 4, 1982

rep No 44, 1987

s 3 ..................................................am No 4, 1982; No 141, 1987; No 107, 1990; No 150, 1997; No 177,

1999; No 73, 2008; No 127, 2013

s 4A ...............................................ad No 35, 2001

s 5 ..................................................am No 150, 1997

s 5A ...............................................ad No 4, 1982

am No 150, 1997

s 5B ...............................................ad No 10, 2003

s 6 ..................................................am No 4, 1982; No 150, 1997; No 73, 2008

s 7 ..................................................am No 4, 1982; No 141, 1987; No 150, 1997; No 73, 2008; No 127, 2013

s 9A ...............................................ad No 107, 1990

am No 150, 1997

s 9B ...............................................ad No 150, 1997

am No 127, 2013

s 9C ...............................................ad No 127, 2013

s 9D ...............................................ad No 127, 2013

s 10 ................................................am No 150, 1997

s 11 ................................................am No 61, 2016

s 11A .............................................ad No 150, 1997

rep No 101, 2006

s 11B .............................................ad No 177, 1999

s 11C .............................................ad No 177, 1999

am No 103, 2013

s 12 ................................................am No 93, 1966; No 4, 1982; No 141, 1987; No 150, 1997; No 35, 2001;

No 127, 2013; No 4, 2016; No 61, 2016

s 12A .............................................ad No 150, 1997

Authorised Version C2016C01053 registered 07/11/2016

Endnotes

Endnote 4—Amendment history

International Organisations (Privileges and Immunities) Act 1963 35

Compilation No. 17 Compilation date: 21/10/16 Registered: 7/11/16

Provision affected How affected

s 12B .............................................ad No 177, 1999

s 12C .............................................ad No 36, 2015

s 13 ................................................am No 150, 1997; No 140, 2003; No 126, 2015

First Schedule

First Schedule................................am No 150, 1997

Second Schedule

Second Schedule............................am No 141, 1987; No 150, 1997

Third Schedule

Third Schedule ..............................am No 141, 1987; No 150, 1997; No 101, 2006

Fourth Schedule

Fourth Schedule.............................am No 141, 1987; No 150, 1997

Fifth Schedule

Fifth Schedule ...............................am No 4, 1982; No 141, 1987; No 150, 1997

Authorised Version C2016C01053 registered 07/11/2016


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N° WIPO Lex AU469