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If a provision of the compiled law has been repealed in accordance with a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
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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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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
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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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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
18 International Organisations (Privileges and Immunities) Act 1963
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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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Section 12
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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
20 International Organisations (Privileges and Immunities) Act 1963
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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
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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
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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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First Schedule
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
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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
26 International Organisations (Privileges and Immunities) Act 1963
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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)
—
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Endnotes
Endnote 4—Amendment history
34 International Organisations (Privileges and Immunities) Act 1963
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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
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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
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