{"id":"F1997B01741","name":"Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983","slug":"commission-for-the-conservation-of-antarctic-marine-living-resources-privileges-and-immunities-regul","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"22 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29368,"registerId":"commonwealth-F1997B01741-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983","content":"![](image.001.png)\n\nCommission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983\n\nStatutory Rules 1983 No. 22 as amended\n\nmade under the\n\nInternational Organisations (Privileges and Immunities) Act 1963\n\nThis compilation was prepared on 10 August 2000 \ntaking into account amendments up to SR 2000 No. 201\n\nPrepared by the Office of Legislative Drafting \nAttorney-General’s Department, Canberra\n\n![](image.001.png)\n\nCommission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983\n\nStatutory Rules 1983 No. 22 as amended\n\nmade under the\n\nInternational Organisations (Privileges and Immunities) Act 1963\n\nContents\n\nPage\n\n1 Name of Regulations \\[see Note 1\\]\n\n2 Definitions\n\n3 Act to apply to Commission\n\n4 Commission to have juridical personality and legal capacities\n\n5 Privileges and immunities of Commission\n\n6 Limitation on immunity from suit etc\n\n7 Limitations on inviolability of premises\n\n8 Limitation on exemption of property etc of Commission from restrictions and controls\n\n9 Limitation on exemption from taxes etc\n\n9AA Exemption from sales tax\n\n9A Privileges and immunities of Executive Secretary\n\n10 Privileges and immunities of officers of the Commission\n\n10A Privileges and immunities of representatives attending conferences convened by Commission\n\n10B Privileges and immunities of experts working with the Commission\n\n10C Indirect tax concession scheme — acquisitions\n\n10D Indirect tax concession scheme — conditions\n\n10E Indirect tax concession scheme — claim for payment\n\n10F Indirect tax concession scheme — manner of payment\n\n11 Waiver of privileges and immunities\n\n12 Privileges and immunities subject to quarantine laws etc\n\n13 Delegation\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983.\n\n2 Definitions\n\nIn these Regulations, unless the contrary intention appears:\n\n> Commission means the Commission for the Conservation of Antarctic Marine Living Resources.\n\n> Executive Secretary means the Executive Secretary of the Commission.\n\n> member of the family or family member, in relation to a person (the first person), means a person who is:\n\n(a) a part of the first person’s household; and\n\n(b) any of the following members of the first person’s family:\n\n(i) the first person’s spouse;\n\n(ii) an unmarried child who is under the age of 21 years;\n\n(iii) an unmarried child who is under the age of 25 years and is undertaking full-time studies at an Australian educational institution;\n\n(iv) an unmarried child who is incapable of self‑support because of a physical or mental disability.\n\n> serious offence means an offence under any law of the Commonwealth or a State or a Territory for which, if the offence had taken place in the Jervis Bay Territory, a person would be liable, on first conviction, to imprisonment for a period of not less than 5 years.\n\n> taxable supply has the meaning given by section 195-1 of the GST Act.\n\n> tax invoice has the meaning given by section 29-70 of the GST Act.\n\n> the Act means the International Organisations (Privileges and Immunities) Act 1963.\n\n3 Act to apply to Commission\n\nThe Commission is declared to be an international organisation to which the Act applies.\n\n4 Commission to have juridical personality and legal capacities\n\nThe Commission:\n\n(a) is a body corporate with perpetual succession;\n\n(b) has the capacity to contract; and\n\n(c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of instituting legal proceedings.\n\n5 Privileges and immunities of Commission\n\nSubject to regulations 6, 7, 8, 9 and 9AA, the Commission has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10 and 12 of the First Schedule to the Act.\n\n6 Limitation on immunity from suit etc\n\nThe immunity from suit and from other legal process conferred by regulation 5 on the Commission does not extend to immunity from a suit or other legal process:\n\n(a) for the recovery of damages in respect of any damage, injury or death resulting from an accident in which a motor vehicle owned by, or operated on behalf of, the Commission was involved;\n\n(b) in relation to:\n\n(i) any contract entered into by the Commission for the supply of goods or services;\n\n(ii) any loan, or other transaction for the provision of finance, by or to the Commission; or\n\n(iii) any contract of guarantee or indemnity to which the Commission is a party;\n\n(c) by way of, or in relation to, a counter-claim made against the Commission by a party to proceedings instituted by the Commission; or\n\n(d) in respect of the attachment, in accordance with a final order of a Court, of any amount payable as salary, wages or other remuneration by the Commission to any person who holds an office in the Commission or any expert assisting the Commission.\n\n7 Limitations on inviolability of premises\n\n(1) Where, in the event of a fire or other emergency, immediate entry to any premises of, or occupied by, the Commission is necessary for the purpose of protecting life or property or bringing the fire or other emergency under control, regulation 5 does not operate to affect the application, in relation to those premises, of any law of the Commonwealth, of a State or of a Territory that authorizes a person, in such an event, to enter premises (without the consent of the owner or occupier of the premises, if necessary) for the purpose of exercising any of his powers or performing any of his duties under that law.\n\n(2) Subregulation (1) does not prejudice any immunity from suit or from other legal process conferred by these Regulations.\n\n8 Limitation on exemption of property etc of Commission from restrictions and controls\n\nThe exemption conferred by regulation 5 in respect of the property and assets of the Commission ceases to apply to any such property or assets where that property has, or those assets have, been abandoned by the Commission for a period exceeding 12 months.\n\n9 Limitation on exemption from taxes etc\n\n(1) The Commission is not, by virtue of regulation 5, exempt from such national, regional or municipal dues and taxes in respect of the premises of the Commission, whether owned or leased, as represent payment for specific services rendered.\n\n(2) The Commission is not, by virtue of regulation 5, exempt from liability to pay taxes on the income of the Commission unless the Commission is in like manner exempted from that liability under the law of each country other than Australia that is a member of the Commission.\n\n(3) The exemption conferred by regulation 5 on the Commission from duties and taxes in respect of:\n\n(a) goods imported by the Commission into Australia; or\n\n(b) goods purchased or manufactured by the Commission in Australia;\n\nceases to apply in relation to any goods so imported, manufactured or purchased where those goods are donated, sold, lent, or otherwise disposed of, in Australia, by the Commission otherwise than in accordance with conditions agreed upon in advance between the Commission and the Commonwealth of Australia.\n\n9AA Exemption from sales tax\n\n(1) The transactions of the Commission are not exempt from sales tax except as mentioned in subregulation (2).\n\n(2) Sales tax is not payable in respect of goods purchased by the Commission if the goods:\n\n(a) are for the official use of the Commission (including official entertainment by the Commission); and\n\n(b) are reasonably necessary for conduct of the Commission’s business.\n\n9A Privileges and immunities of Executive Secretary\n\n(1) The office of Executive Secretary is a high office in the Commission.\n\n(2) Subject to subregulations (4) and (5), a person who holds, or is performing the duties of, the office of Executive Secretary has the privileges and immunities specified in Part I of the Second Schedule to the Act.\n\n(3) Subject to subregulation (5), a person who has ceased to hold, or perform the duties of, the office of Executive Secretary has the immunities specified in Part II of the Second Schedule to the Act.\n\n(4) The privileges and immunities conferred on a person under subregulation (2) do not apply in respect of a child of such a person where that child has attained the age of 18 years.\n\n(5) The privileges and immunities conferred on a person by subregulation (2), or the immunities conferred on a person by subregulation (3), do not extend to a person who is an Australian citizen or a permanent resident of Australia.\n\n10 Privileges and immunities of officers of the Commission\n\n(1) Subject to subregulations (2), (5) and (6), a person who holds an office in the Commission has the privileges and immunities specified in paragraphs 1, 2 and 3 of Part I of the Fourth Schedule to the Act.\n\n(2) The salary and emoluments received from the Commission by a person who holds an office in the Commission, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936, are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person is not an Australian citizen and came to Australia solely for the purpose of performing duties of the office in the Commission held by him.\n\n(3) A person who holds an office in the Commission and is not:\n\n(a) an Australian citizen; or\n\n(b) a person permanently resident in Australia;\n\nhas, in addition to the privileges and immunities referred to in subregulation (1), the privileges and immunities specified in paragraphs 4, 5, 6 and 7 of Part I of the Fourth Schedule to the Act.\n\n(3A) A person who holds an office in the Commission and is:\n\n(a) an Australian citizen; or\n\n(b) a person permanently resident in Australia;\n\nhas, where the name of that person is included in a list that, for the purposes of this provision, has been:\n\n(c) drawn up by the Executive Secretary; and\n\n(d) approved by the Minister by instrument in writing;\n\nthe privilege specified in paragraph 4 of Part I of the Fourth Schedule to the Act.\n\n(4) Subject to subregulation (5), a person who has ceased to hold an office in the Commission has the immunities specified in Part II of the Fourth Schedule to the Act.\n\n(5) The immunities conferred on a person by subregulation (1) or (4) do not extend to immunity from a suit or other legal process:\n\n(a) for the recovery of damages in respect of any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or\n\n(b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.\n\n(6) The privilege specified in paragraph 3 of Part I of the Fourth Schedule to the Act, being a privilege conferred under subregulation (1) on a person who holds an office in the Commission, does not apply in respect of a child of such a person where that child has attained the age of 18 years.\n\n10A Privileges and immunities of representatives attending conferences convened by Commission\n\n(1) Subject to subregulations (3) and (4), a person who is in attendance at an international conference convened by the Commission as a representative of:\n\n(a) a country other than Australia;\n\n(b) an international organisation (other than the Commission) to which the Act applies; or\n\n(c) an overseas organisation to which the Act applies;\n\nhas the privileges and immunities specified in Part I of the Third Schedule to the Act.\n\n(2) Subject to subregulation (4), a person who has attended an international conference convened by the Commission as a representative of:\n\n(a) a country other than Australia;\n\n(b) an international organisation (other than the Commission) to which the Act applies; or\n\n(c) an overseas organisation to which the Act applies;\n\nhas the immunities specified in Part II of the Third Schedule to the Act.\n\n(3) The immunities conferred on a person by subregulation (1) do not extend to immunity from personal arrest and detention where such a person is found committing, attempting to commit or just having committed a serious offence.\n\n(4) The immunities conferred on a person by subregulation (1) or (2), as the case requires, do not extend to immunity from a suit or other legal process:\n\n(a) for the recovery of damages in respect of any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or\n\n(b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.\n\n10B Privileges and immunities of experts working with the Commission\n\n(1) Subject to subregulations (4) and (5), a person who is serving on a committee, or is participating in the work, of the Commission or is performing, whether alone or jointly with other persons, a mission on behalf of the Commission has the privileges and immunities specified in paragraphs 2 and 3 of Part I of the Fifth Schedule to the Act.\n\n(2) Subject to subregulation (5), a person who has served on a committee, or participated in the work, of the Commission or performed a mission on behalf of the Commission has the immunities specified in Part II of the Fifth Schedule to the Act.\n\n(3) Where a person referred to in subregulation (1) is not:\n\n(a) an Australian citizen; or\n\n(b) a person permanently resident in Australia, that person has, in addition to the privileges and immunities referred to in that subregulation, the privileges and immunities specified in paragraphs 1, 5 and 6 of Part I of the Fifth Schedule to the Act.\n\n(4) The immunities conferred on a person by subregulation (1) do not extend to immunity from personal arrest and detention where such a person is found committing, attempting to commit or just having committed a serious offence.\n\n(5) The immunities conferred on a person by subregulation (1) or (2) do not extend to immunity from a suit or other legal process:\n\n(a) for the recovery of damages in respect of any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or\n\n(b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, being a provision with respect to motor traffic, motor vehicles or the use of a motor vehicle.\n\n10C Indirect tax concession scheme — acquisitions\n\n(1) For paragraph 11C (1) (a) of the Act, acquisitions by the Commission are covered by these Regulations.\n\n(2) However, an acquisition by the Commission is covered by these Regulations only if, at the time of the acquisition, it was intended for the official use of the Commission.\n\n(3) For paragraph 11C (1) (a) of the Act, the following acquisitions by a person mentioned in subregulation (4) are covered by these Regulations:\n\n(a) an acquisition of any of the following, on a single tax invoice for a taxable supply of at least $200 (including indirect tax):\n\n(i) goods (by purchase or lease);\n\n(ii) removal of goods services;\n\n(b) an acquisition of goods that are freed from duties of excise by subregulation 9A (2);\n\n(c) an acquisition of warehoused goods (within the meaning of the Customs Act 1901), the importation of which is covered by an immunity from taxation (including customs duties) conferred by these Regulations.\n\n(4) For subregulation (3), the person is a person who holds, or is performing the duties of, the office of Executive Secretary and who is not:\n\n(a) an Australian citizen; or\n\n(b) a permanent resident of Australia.\n\n(5) However:\n\n(a) an acquisition by a person mentioned in subregulation (4) is covered by these Regulations only if, at the time of the acquisition, it was intended for the personal use of the person, or of a member of the family of the person; and\n\n(b) an acquisition of a motor vehicle for the personal use of a person mentioned in subregulation (4) is covered by these Regulations only if:\n\n(i) the vehicle was acquired in exceptional circumstances to replace a motor vehicle for which the person received:\n\n(A) a concession under section 11C of the Act; or\n\n(B) an exemption from indirect tax under section 11B of the Act; or\n\n(ii) within the previous 3 years, the person has not received:\n\n(A) a concession under section 11C of the Act for the acquisition of another motor vehicle; or\n\n(B) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle; and\n\n(c) an acquisition of a motor vehicle for the personal use of a member of the family of a person mentioned in subregulation (4) is covered by these Regulations only if:\n\n(i) the vehicle is acquired in exceptional circumstances to replace a motor vehicle for which the person received:\n\n(A) a concession under section 11C of the Act; or\n\n(B) an exemption under section 11B of the Act; or\n\n(ii) the family member is eligible to hold a driver’s licence that is valid in Australia and, within the previous 3 years, the person has not received:\n\n(A) a concession under section 11C of the Act for the acquisition of another motor vehicle for the personal use of a family member; or\n\n(B) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle for the personal use of a family member.\n\n(6) For paragraph 11C (1) (a) of the Act, the acquisition of a locally-manufactured motor vehicle by a person who holds an office in the Commission, for the personal use of the person or of a member of the family of the person, is covered by these Regulations if:\n\n(a) the vehicle is acquired within the first 6 months of the person’s installation in Australia and the person has not previously received:\n\n(i) a concession under section 11C of the Act for the acquisition of another motor vehicle; or\n\n(ii) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle; or\n\n(b) the vehicle is acquired in exceptional circumstances to replace a motor vehicle for which the person has received:\n\n(i) a concession under section 11C of the Act; or\n\n(ii) an exemption from indirect tax under section 11B of the Act.\n\n(7) In subparagraphs (5) (b) (i) and (c) (i) and paragraph (6) (b):\n\n> exceptional circumstances, in relation to the replacement of a motor vehicle, includes the original vehicle being stolen or damaged beyond repair.\n\n> Note Section 11C of the Act establishes an indirect tax concession scheme that provides for reimbursement by the Commissioner of Taxation of indirect tax payable for acquisitions covered by these Regulations.\n\n10D Indirect tax concession scheme — conditions\n\n(1) For paragraph 11C (3) (a) of the Act, the amount mentioned in subsection 11C (1) of the Act is payable only if the following conditions are satisfied:\n\n(a) the person who made the acquisition is subject to an agreement in writing between the Commission and the Commonwealth to repay to the Commonwealth the amount worked out under subregulation (2) if:\n\n(i) for a payment in relation to an acquisition of a motor vehicle — the person disposes of the motor vehicle (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 3 years after it was acquired; or\n\n(ii) for a payment in relation to an acquisition of goods other than a motor vehicle — the person disposes of the goods (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after they were acquired; or\n\n(iii) for a payment in relation to an acquisition of services or any other acquisition — the person assigns the services to another person (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;\n\n(b) if the person has breached a previous agreement under paragraph (a) — the person complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the person complies with the agreement.\n\n(2) For subparagraphs (1) (a) (i) and (ii):\n\n(a) a sale of goods to a finance company as part of a sale and lease-back arrangement is not a disposal of the goods; and\n\n(b) a person (the first person) is taken to have disposed of goods to which 1 of those subparagraphs applies within the period mentioned in that subparagraph to a person who is not entitled to an indirect tax concession in relation to similar acquisitions if:\n\n(i) the first person disposes of the goods to a person (the second person) who is entitled to the concession; and\n\n(ii) the second person disposes of the goods to another person; and\n\n(iii) the series of disposals of the goods to other persons continues (if necessary) until the goods are eventually acquired, within the period mentioned in that paragraph, by a person who is not entitled to the concession.\n\n(3) For paragraph (1) (a), the amount to be repaid is:\n\n(a) for an acquisition to which subparagraph (1) (a) (i) or (ii) applies — the proportion of the amount paid under section 11C of the Act in relation to the acquisition that is equal to the proportion of the period mentioned in that subparagraph remaining after the person disposes of the goods; and\n\n(b) for an acquisition to which subparagraph (1) (a) (iii) applies — the amount paid under section 11C of the Act in relation to the acquisition.\n\n(4) However, for an acquisition to which subparagraph (1) (a) (i) or (ii) applies, a person is not required to repay an amount paid under section 11C of the Act in relation to a lease payment that relates to a period before the person disposes of the goods.\n\n(5) The amount mentioned in subsection 11C (1) of the Act is not payable if:\n\n(a) an amount was payable for a similar acquisition; and\n\n(b) the Minister tells the person in writing that, in his or her opinion, the person’s reasonable needs were met by that acquisition.\n\n(6) In this regulation, person includes the Commission.\n\n10E Indirect tax concession scheme — claim for payment\n\nA claim for payment under regulation 10C:\n\n(a) must be signed by, or for, the Executive Secretary; and\n\n(b) must be sent with the tax invoice for the acquisition; and\n\n(c) must be sent:\n\n(i) for an acquisition of a motor vehicle — to the Protocol Branch of the Department of Foreign Affairs and Trade; or\n\n(ii) in any other case — to the Australian Taxation Office; and\n\n(d) for an acquisition of a motor vehicle or an acquisition of real property by lease — may be sent at any time after the acquisition; and\n\n(e) for an acquisition that is subject to an arrangement between the Commission and the Commonwealth and the Commission for reimbursement of indirect tax, except an acquisition of real property by lease — may only be sent:\n\n(i) in accordance with the arrangement; or\n\n(ii) if the arrangement does not specify a time when a claim may be sent:\n\n(A) with another claim; or\n\n(B) at least 3 months after another claim from the Commonwealth Secretariat is sent; and\n\n(f) for an acquisition that is not mentioned in paragraph (d) or (e) — may only be sent:\n\n(i) with another claim; or\n\n(ii) at least 3 months after another claim from the Commission.\n\n> Note Paragraphs 10E (e) and (f) are intended to limit the number of claims from the Commission to one in each quarter, to minimise delays in the processing of claims.\n\n10F Indirect tax concession scheme — manner of payment\n\nFor paragraph 11C (3) (b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by, or for, the Executive Secretary.\n\n11 Waiver of privileges and immunities\n\n(1) The Commission may waive any privileges and immunities to which:\n\n(a) the Commission; or\n\n(b) a person who holds, or has ceased to hold, the office of Executive Secretary of the Commission;\n\nis entitled by virtue of these Regulations.\n\n(2) The Executive Secretary to the Commission may waive any privileges and immunities to which a person (other than the Executive Secretary to the Commission) is entitled by virtue of regulation 10.\n\n(3) The government of a country may waive any privileges and immunities to which:\n\n(a) a person who is, or has been, in attendance at an international conference convened by the Commission as a representative of that country; or\n\n(b) a person who is, or has been during any period, a member of the official staff of a person referred to in paragraph (a);\n\nis entitled to by virtue of the Act or these Regulations.\n\n(4) The principal executive official of:\n\n(a) an international organisation (other than the Commission) to which the Act applies; or\n\n(b) an overseas organisation to which the Act applies;\n\nmay waive any privileges and immunities to which:\n\n(c) a person who is, or has been, in attendance at an international conference convened by the Commission as a representative of that organisation; or\n\n(d) a person who is, or has been during any period, a member of the official staff of a person referred to in paragraph (c);\n\nis entitled to by virtue of the Act or these Regulations.\n\n12 Privileges and immunities subject to quarantine laws etc\n\nNothing in these Regulations affects the application of any law of the Commonwealth, of a State or of a Territory relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, Australia, that State or that Territory, as the case may be, of any animals, plants or goods, but this regulation does not prejudice the immunity from suit or from other legal process conferred by these Regulations.\n\n13 Delegation\n\n(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person the Minister’s powers under paragraphs 10D (1) (b) and (5) (b) of these Regulations.\n\n(2) A power delegated under subregulation (1), when exercised by the delegate, is taken to have been exercised by the Minister.\n\n(3) A delegation of power under subregulation (1) does not prevent the exercise of the power by the Minister.\n\n> Notes to the Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983\n\n> Note 1\n\n> Note: The Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations 1983 (in force under the International Organisations (Privileges and Immunities) Act 1963) as shown in this compilation comprise Statutory Rules 1983 No. 22 amended as indicated in the Tables below.\n\n> Note: See Table A for information about application, saving or transitional provisions.\n\n> Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ---------------------- | --------------------------------------------- |\n| 1983 No. 22 | 28 Feb 1983 | 28 Feb 1983 | |\n| 1983 No. 145 | 29 Aug 1983 | 29 Aug 1983 | — |\n| 1984 No. 216 | 31 Aug 1984 | 31 Aug 1984 | — |\n| 1985 No. 327 | 5 Dec 1985 | 5 Dec 1985 | — |\n| 1997 No. 394 | 24 Dec 1997 | 24 Dec 1997 | — |\n| 2000 No. 201 | 31 July 2000 | 1 July 2000 (see r. 2) | R. 3 |\n\n> Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2000 No. 201

Heading to r. 2..........

rs. 2000 No. 201

R. 2.................

am. 1985 No. 327; 1997 No. 394; 2000 No. 201

R. 3.................

am. 1997 No. 394

R. 5.................

am. 1997 No. 394

R. 9AA...............

ad. 1997 No. 394

R. 9A................

ad. 1985 No. 327

R. 10................

am. 1985 No. 327

R. 10A...............

ad. 1984 No. 216

am. 1985 No. 327; 1997 No. 394; 2000 No. 201

R. 10B...............

ad. 1985 No. 327

am 1997 No. 394

Rr. 10C–10F...........

ad. 2000 No. 201

R. 11................

am. 1984 No. 216; 1997 No. 394

R. 11A...............

ad. 1983 No. 145

rep. 1984 No. 216

R. 13................

ad. 2000 No. 201

\n```\n\n> Note: Table A\n\n Application, saving or transitional provisions\n\nStatutory Rules 2000 No. 201\n\n3 Purpose of Regulations\n\nThese Regulations amend Regulations made under the International Organisations (Privileges and Immunities) Act 1963 (the Act) to apply the indirect tax concession scheme under section 11C of the Act to the organisations covered by those Regulations and officers and high officers of those organisations.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The original core purpose — to declare the Commission an international organisation and specify its legal personality and basic privileges/immunities (rr.3–5) — has been broadened over time. Later insertions (notably rr.9AA and 10C–10F, added across amendments up to 2000) introduce a detailed indirect tax concession/reimbursement scheme, additional fiscal exemptions (sales tax rules), and extensive administrative procedures for claiming and repaying indirect taxes. The instrument therefore evolved from primarily recognising legal status and immunities to also creating specific fiscal concessions, conditional repayment obligations and administrative claim processes that affect tax administration and fiscal exposure."},"complexity_factors":["13 regulations with multiple multi‑paragraph subregulations","Extensive cross‑references to the International Organisations (Privileges and Immunities) Act 1963 and to multiple Schedules of that Act (First, Second, Third, Fourth, Fifth Schedules)","Numerous defined terms in r.2 (including residence/citizenship distinctions, \"serious offence\", GST terms)","Multiple conditional rules and nested exceptions (e.g. immunity exclusions in r.6; residency/citizenship carve-outs in rr.9A,10,10C)","A separate indirect tax concession scheme with its own eligibility, timing, repayment and anti‑abuse rules (rr.10C–10F)","Detailed administrative/process requirements (signed claims, routing to ATO or DFAT, quarterly-claim timing limits)","Repayment calculation rules with proportional formulas and time‑based windows (r.10D(3))","Ministerial discretion and delegation power with potential security requirements (r.10D(1)(b), r.13)","Amendment history and transitional provisions increasing interpretive complexity (multiple insertions in 1980s–2000)"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- Declare the Commission for the Conservation of Antarctic Marine Living Resources (the Commission) to be an international organisation covered by the International Organisations (Privileges and Immunities) Act 1963 (the Act) (r. 3).\n- Give the Commission corporate legal personality and basic corporate powers — it can contract, hold property and sue or be sued in its corporate name (r. 4).\n- Grant the Commission a set of privileges and immunities drawn from the Act’s First Schedule, but subject those privileges to a number of explicit limits (r. 5 and rr. 6–9, 9AA).\n- Specify which officers, representatives and experts connected with the Commission enjoy diplomatic-style privileges and immunities, and when those privileges end (rr. 9A–10B). These rules distinguish: the Executive Secretary (a “high officer”), other officers (staff), representatives attending Commission conferences, and experts serving on committees or missions.\n- Establish an indirect tax concession scheme (reimbursement/exemption of GST/other indirect taxes) for the Commission and some of its officers, with detailed conditions, limits and claims procedures (rr. 10C–10F).\n- Allow the Commission, its Executive Secretary and sending governments or organisations to waive privileges and immunities (r. 11).\n- Preserve the application of quarantine and import/export controls despite the immunities (r. 12).\n- Allow the Minister to delegate certain administrative powers in relation to the tax-concession conditions (r. 13).\n\n**Who is affected**\n\n- The Commission itself: obtains corporate status and specified immunities and exemptions (rr. 3–5).\n- The Executive Secretary: treated as a high officer with Part I and Part II Schedule privileges while in office and, in some cases, after (r. 9A).\n- Officers and staff of the Commission: enjoy particular privileges and immunities depending on citizenship/residency and whether their names appear on a Minister‑approved list (r. 10).\n- Representatives of foreign countries, other international organisations and covered overseas bodies attending Commission conferences: receive specified privileges while attending and some continuing immunities afterwards (r. 10A).\n- Experts and committee members working for the Commission: receive limited privileges while performing missions or participating in work and some post‑service immunities (r. 10B).\n- Australian authorities (tax, customs, courts, quarantine agencies) and the Australian public: the regulations affect what taxes/duties the Commission and certain persons are liable for, how legal process may (or may not) be used against them, and who bears enforcement and administrative responsibilities (rr. 6–9, 9AA, 10C–10F).\n\n**Why it matters (practical effects and implementation mechanics)**\n\n- Grants and limits: The Commission operates with international-organisation immunities (e.g. inviolability of premises, exemption from some taxes) but the regulations set concrete limits. For example, the Commission can be sued for motor-vehicle accident claims, contracts for goods or services, loans and guarantees (r. 6); property abandoned over 12 months loses exemption (r. 8); some local charges for services still apply (r. 9(1)).\n\n- Fiscal effect and administration: The regulations create a mechanism for indirect tax relief (section 11C of the Act) to be claimed for eligible acquisitions (10C–10F). Claims must be signed by (or for) the Executive Secretary and routed to either the ATO or the Department of Foreign Affairs and Trade depending on the item (r. 10E). The Commissioner of Taxation is to pay a single nominated recipient/account (r. 10F). Where goods or vehicles granted concessions are disposed of within specified periods, the person (and the Commission) must have an agreement to repay a pro rata share (r. 10D(1)–(3)).\n\n- Who pays and who decides: Tax reimbursements are processed by the Commissioner of Taxation (ATO) and some motor-vehicle claims go to the Protocol Branch of DFAT (r. 10E). The Executive Secretary signs claims (r. 10E(a)). The Minister approves lists of certain Australian-based officers who will receive specified privileges and may require security or other conditions before allowing a concession (r. 10D(1)(b), (5)(b)). The Minister may delegate those powers in writing (r. 13).\n\n- Administrative and compliance burden: There is a structured claim and repayment regime: invoices and supporting documents are required; timing of claims is restricted to limit processing load (r. 10E(d)–(f)); repayment obligations and possible security requirements attach to concessions (r. 10D(1)). The ATO and DFAT therefore carry an ongoing administrative role.\n\n**Costs, incentives, trade-offs and implementation risks (based on the text)**\n\n- Budgetary cost and conditionality: Indirect tax relief creates a potential cost to the Commonwealth (paid via the Commissioner of Taxation), but the regulations limit that cost by:\n - Requiring reciprocity for income‑tax exemptions (Commission exempt only if other member countries provide similar exemptions) (r. 9(2));\n - Attaching repayment obligations if concessioned goods or vehicles are disposed of within fixed periods (r. 10D(1)–(3));\n - Allowing the Minister to insist on security or other conditions where prior agreements were breached (r. 10D(1)(b)).\n\n- Concentrated benefits and diffuse costs: Benefits (tax exemptions, immunity protections) flow narrowly to the Commission, its high officer(s), officers, visiting representatives and experts. The costs (foregone tax revenue and administrative processing) are borne by the Commonwealth and, indirectly, taxpayers. The instrument builds mechanisms (agreements to repay, ministerial oversight) to limit permanent fiscal losses for short‑term or personal acquisitions (r. 10D).\n\n- Compliance and operational risk: The scheme requires record-keeping (tax invoices, signed claims), oversight of disposal and resale chains (anti‑abuse rules at r. 10D(2)), and cross‑agency processing (ATO and DFAT). These create administrative burdens and potential processing delays (r. 10E contains explicit timing rules aimed at reducing processing delays).\n\n- Limits on immunity and law enforcement: The rules carve out standard public-safety and criminal-enforcement exceptions — e.g. no protection from arrest for serious offences, no immunity for motor‑vehicle traffic offences by staff, emergency entry for fire or other events (rr. 6, 7, 10A(3), 10B(4)). Quarantine and import/export laws still apply despite immunities (r. 12).\n\n**Practical behavioural effects**\n\n- The Commission and non‑Australian officers can reduce operating costs through targeted indirect tax concessions for official use items and, in some circumstances, for personal property (subject to detailed limits) (rr. 9AA; 10C–10F).\n- Officers and visiting representatives will be more likely to rely on diplomatic-style protections while performing official duties, but those protections are curtailed where serious criminal conduct, motor-vehicle incidents or contractual debts arise (rr. 6, 10A(3), 10B(4), 10(5)).\n- The Executive Secretary and the Minister (and delegates) act as gatekeepers for tax claims and certain privileges — their decisions determine who benefits and whether security for repayment is required (rr. 10D, 10E, 13).\n\n**References to the regulations (selected)**\n- Declaration and corporate capacity: rr. 3–4\n- Scope of immunities and limits (contract, motor-vehicle, taxes): rr. 5–9, 9AA\n- Privileges for officers, Executive Secretary, representatives, experts: rr. 9A–10B\n- Indirect tax concession (eligibility, conditions, claims, payment): rr. 10C–10F\n- Waiver and delegation powers: rr. 11, 13\n- Quarantine and entry exceptions: rr. 7, 12\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1983 Regulations were relatively straightforward, granting basic immunities to the Commission and its officers. However, the legislation has expanded significantly through amendments in 1984, 1985, 1997, and particularly 2000. The 2000 amendments added an extensive 'indirect tax concession scheme' (regulations 10C-10F) with detailed conditions for GST refunds, motor vehicle acquisition rules, and repayment obligations. What began as simple immunity provisions has grown into a complex tax administration system managing reimbursement claims, disposal restrictions, and family member benefits. The scope has shifted from purely legal protections to active financial administration and revenue management."},"complexity_factors":["Heavy reliance on external legislation — the Regulations constantly refer to 'the Act' (International Organisations (Privileges and Immunities) Act 1963) and its Schedules (First, Second, Third, Fourth, Fifth), making it impossible to understand without cross-referencing","Multiple categories of beneficiaries with different privilege levels — Executive Secretary, officers, representatives, experts, and family members each have distinct rules in different Schedules","Nested conditional logic — e.g., regulation 10 has six subregulations with cascading conditions based on citizenship status, residency, and approved lists","Complex tax concession scheme (regulations 10C-10F) with multiple thresholds ($200 minimum, 2-year/3-year disposal periods, 'exceptional circumstances' definitions, and quarterly claim limitations)","Defined terms include recursive definitions — 'member of the family' has four sub-categories including age limits and study requirements","Multiple waiver mechanisms (regulation 11) with four different authorities able to waive different privileges for different people","Exceptions to exceptions — e.g., regulation 6 limits immunity, but regulation 7(2) clarifies that limitation doesn't affect other immunities"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations give special legal protections (called \"privileges and immunities\") to the **Commission for the Conservation of Antarctic Marine Living Resources** (CCAMLR) and its staff when they operate in Australia. This is standard practice for international organisations — it means they can function without being bogged down by local laws that would normally apply to everyone else.\n\n**Who it affects:**\n\n- **The Commission itself** — gets legal status like a company, plus immunity from being sued in most cases, and exemptions from taxes and customs duties\n- **The Executive Secretary** (the boss) — gets diplomatic-style protections like immunity from arrest and legal proceedings\n- **Commission officers** — get limited immunities, especially if they're not Australian citizens\n- **Foreign delegates** attending Commission conferences — get temporary protections\n- **Experts working with the Commission** — get specific immunities for their work\n\n**Key protections include:**\n- Immunity from lawsuits and criminal prosecution (with important exceptions)\n- Exemption from certain taxes and customs duties\n- Protection of Commission premises and documents\n- Special tax refunds for official purchases (the \"indirect tax concession scheme\")\n\n**Important limits:**\nThe legislation carefully balances these privileges with accountability:\n- **No immunity for car accidents** — if Commission staff crash a car, they can be sued\n- **No immunity for commercial contracts** — the Commission can be sued over business deals\n- **No immunity for serious crimes** — experts and representatives can be arrested for serious offences (carrying 5+ years jail)\n- **Australian citizens and permanent residents** get fewer privileges than foreigners\n- **Quarantine laws still apply** — can't bring banned plants or animals in just because you work for the Commission\n- **Emergency access** — fire brigades can enter Commission buildings in emergencies\n\n**Why it matters:**\nAustralia is a member of CCAMLR, which manages fishing and marine conservation in Antarctic waters. These rules ensure the Commission can operate effectively in Australia (where its headquarters are located in Hobart) while preventing abuse of special status. The tax concessions help international organisations run affordably, but the \"clawback\" rules (requiring repayment if goods are sold within 2-3 years) stop people profiting from tax breaks."}},"importantCases":[],"_links":{"self":"/api/acts/commission-for-the-conservation-of-antarctic-marine-living-resources-privileges-and-immunities-regul","history":"/api/acts/commission-for-the-conservation-of-antarctic-marine-living-resources-privileges-and-immunities-regul/history","analysis":"/api/acts/commission-for-the-conservation-of-antarctic-marine-living-resources-privileges-and-immunities-regul/analysis","conflicts":"/api/acts/commission-for-the-conservation-of-antarctic-marine-living-resources-privileges-and-immunities-regul/conflicts","importantCases":"/api/acts/commission-for-the-conservation-of-antarctic-marine-living-resources-privileges-and-immunities-regul/important-cases","documents":"/api/acts/commission-for-the-conservation-of-antarctic-marine-living-resources-privileges-and-immunities-regul/documents"}}