{"id":"C1967A00016","name":"Diplomatic Privileges and Immunities Act 1967","slug":"diplomatic-privileges-and-immunities-act-1967","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"16 of 1967","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":1974,"registerId":"C2016C01071","compilationNumber":"15","startDate":"2016-10-21","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 3 (item 19) of the [Statute Update Act 2016](/C2016A00061)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Statute Update Act 2016","year":2016,"number":61,"titleId":"C2016A00061","provisions":"sch 3 (item 19)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2016-11-10T12:29:39.300Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Diplomatic Privileges and Immunities Act 1967.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"#### 3 Repeal\n\n  The Diplomatic Immunities Act 1952 and the Diplomatic Immunities Act 1958 are repealed.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> acquisition has the meaning given by section 195‑1 of the GST Act.\n\n> approved form has the meaning given by section 995‑1 of the Income Tax Assessment Act 1997.\n\n> Commissioner means the Commissioner of Taxation.\n\n> Convention means the Vienna Convention on Diplomatic Relations, a copy of the English text of which is set out in the Schedule.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> GST Act means the A New Tax System (Goods and Services Tax) Act 1999.\n\n> indirect tax means:\n\n    (a) GST within the meaning of section 195‑1 of the GST Act; or\n    (b) luxury car tax within the meaning of section 27‑1 of the Luxury Car Tax Act; or\n    (c) wine equalisation tax within the meaning of section 33‑1 of the Wine Equalisation Tax Act.\n\n> Luxury Car Tax Act means the A New Tax System (Luxury Car Tax) Act 1999.\n\n> mission means a diplomatic mission.\n\n> overseas country means a country other than Australia or an external Territory.\n\n> prescribed overseas country means an overseas country prescribed by the regulations for the purposes of this definition.\n\n> Wine Equalisation Tax Act means the A New Tax System (Wine Equalisation Tax) Act 1999.\n\n  (2) In this Act, expressions defined by the Convention have the same respective meanings as they have in the Convention.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Extension to Territories","content":"#### 5 Extension to Territories\n\n  This Act extends to every external Territory.","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Application of Act in relation to certain international organizations","content":"#### 5A Application of Act in relation to certain international organizations\n\n  (1) In this section, international organization means:\n    (a) an organization the members of which are overseas countries in a particular geographical region;\n    (b) an organization that is constituted by persons representing overseas countries in a particular geographical region; or\n    (c) an organization established, or a group of organizations constituted, by:\n    (i) organizations the members of which are overseas countries in a particular geographical region; or\n    (ii) organizations that are constituted by persons representing overseas countries in a particular geographical region;\n  being an organization or a group of organizations that is declared by the regulations to be an international organization for the purposes of this section.\n  (2) This Act applies in relation to an international organization as if:\n    (a) each reference in a provision of this Act other than section 12 to an overseas country, and each reference in the Convention to a sending State, included a reference to the international organization;\n    (b) each reference in the Convention to the Government of a sending State included a reference to the international organization or, if an organ of the international organization is, for the time being, specified by the regulations in relation to the international organization for the purposes of this paragraph, that organ;\n    (c) any mission or other agency of the international organization that exercises functions substantially corresponding to functions exercised by a diplomatic mission were a diplomatic mission; and\n    (d) in subsection 12(1):\n    (i) “a mission of Australia to an international organization (as defined by subsection 5A(1)), being a mission that exercises functions substantially corresponding to functions exercised by a diplomatic mission” were substituted for “a mission of Australia in an overseas country”; and\n    (ii) “the mission in Australia of that international organization” were substituted for “the mission of that country”.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Exclusion of other laws","content":"#### 6 Exclusion of other laws\n\n  It is hereby declared to be the intention of the Parliament that this Act shall operate to the exclusion of:\n    (a) any Imperial Act, law of the Commonwealth or rule of the common law in force in a State or in a Territory immediately before the commencement of this Act; or\n    (b) any law of a State or of a Territory made after the commencement of this Act;\n  that deals with a matter dealt with by this Act.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Vienna Convention on Diplomatic Relations to have force of law","content":"#### 7 Vienna Convention on Diplomatic Relations to have force of law\n\n  (1) Subject to this section, the provisions of Articles 1, 22 to 24 (inclusive) and 27 to 40 (inclusive) of the Convention have the force of law in Australia and in every external Territory.\n  (2) For the purposes of those provisions as so having the force of law:\n    (a) a reference in those provisions to the receiving State shall be read as a reference to Australia and, where the context so permits, as including a reference to every State of the Commonwealth and every Territory;\n    (b) a reference in those provisions to a national of the receiving State shall be read as a reference to an Australian citizen;\n    (c) the reference in paragraph 1 of Article 22 to agents of the receiving State shall be read as including a reference to members and special members of the Australian Federal Police, members of the police force of a State or of a Territory and persons exercising a power of entry to premises;\n    (d) a waiver by the head of the mission of an overseas country, or by a person for the time being performing the functions of the head of the mission of an overseas country, shall be deemed to be a waiver by that overseas country;\n    (e) the provisions of Articles 35, 36 and 40 shall be treated as granting the privileges or immunities that those Articles require to be granted;\n    (f) the reference in paragraph 1 of Article 36 to such laws and regulations as the receiving State may adopt shall be read as including a reference to subsection (3), to section 8 and to any regulations made under this Act for the purposes of that paragraph as having the force of law by virtue of this section;\n    (g) the references in paragraph 4 of Article 37 and paragraph 2 of Article 38 to the extent to which privileges and immunities are admitted by the receiving State shall be read as references to the extent to which privileges and immunities are granted by section 11; and\n    (h) the reference in paragraph 1 of Article 39 to the Ministry for Foreign Affairs or such other ministry as may be agreed shall be read as a reference to the Department administered by the Minister administering this Act.\n  (3) Nothing in subsection (1) affects the application of any law of the Commonwealth or of a Territory relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, Australia or that Territory, as the case may be, of any animals, plants or goods, but this subsection does not prejudice the immunity from suit or from civil or criminal process that a person has by virtue of subsection (1).\n  (4) The provisions of the Convention, in so far as they provide for the exemption from tax of any income, apply, for the purposes of the application of the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997, to assessments in respect of income of the year of income that commenced on 1 July 1967, and in respect of income of all subsequent years of income.\n  (5) For the purposes of section 38 of the Judiciary Act 1903, a matter arising under the Convention as having the force of law by virtue of this section shall be deemed not to be a matter arising directly under a treaty.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Limitation on exemption from customs duties","content":"#### 8 Limitation on exemption from customs duties\n\n  (1) This section applies in relation to the exemption from customs duties, taxes and related charges provided for by paragraph 1 of Article 36, or paragraph 1 or paragraph 2 of Article 37, of the Convention as having the force of law by virtue of section 7 in respect of articles imported into Australia that are for the use of a mission or person referred to in that paragraph.\n  (1A) Despite:\n    (a) section 177‑5 of the GST Act; and\n    (b) section 21‑5 of the Luxury Car Tax Act; and\n    (c) section 27‑25 of the Wine Equalisation Tax Act;\n  indirect tax that would be payable on an importation under one of those Acts is not payable on an importation covered by the exemption from customs duties, taxes and related charges provided for by paragraph 1 of Article 36, or paragraph 1 or paragraph 2 of Article 37, of the Convention and section 7 of this Act.\n  (2) The exemption does not apply where any other articles of the same kind, or of a similar kind, that have been imported into Australia were, at the time when they were entered for home consumption under the Customs Act 1901, intended for the use of the mission or person and the Customs Minister, by instrument in writing, declares that, in his or her opinion, the reasonable requirements of the mission or person, as the case may be, have adequately been met by the other articles.\n  (3) The exemption does not apply unless:\n    (a) the person for whose use the articles are intended, or, if the articles are intended for the use of a mission, the head of the mission, agrees that, if the articles are sold or otherwise disposed of in Australia or in an external Territory within, in the case of articles other than motor vehicles, 2 years, and in the case of motor vehicles, 3 years, after the date of entry of the articles for home consumption under the Customs Act 1901, he or she will pay to the Commonwealth an amount equal to so much (if any) as the Customs Minister determines of the customs duties, taxes and related charges that, but for paragraph 1 of Article 36, or paragraph 1 or paragraph 2 of Article 37, of the Convention, as the case may be, would have been payable in respect of the articles; and\n    (b) where the person so entering into an agreement has previously entered into a similar agreement in relation to any other articles and has committed a breach of that last‑mentioned agreement—the person complies with such conditions, if any, as the Customs Minister, by instrument in writing, determines (which may include a condition that the person give security, satisfactory to that Minister, that he or she will comply with the first‑mentioned agreement).\n  (4) In subsection (3), motor vehicle means a vehicle with a motor engine, being a vehicle ordinarily for use on land.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Exemption from excise duty","content":"#### 9 Exemption from excise duty\n\n  (1) Subject to this section, duties of excise imposed by the Excise Tariff Act 1921 are not payable in respect of goods that are, at the time when they are entered for home consumption under an Act relating to duties of excise, intended for:\n    (a) the official use of the mission of an overseas country;\n    (b) the personal use of a person who is:\n    (i) the head of such a mission; or\n    (ii) a member of the diplomatic staff of such a mission;\n    being a person who is not an Australian citizen and is not ordinarily resident in Australia or in an external Territory; or\n    (c) the personal use of a member of the family of a person referred to in paragraph (b), being a member of the family who forms part of the household of the person and is not an Australian citizen.\n  (2) Subsection (1) does not apply in respect of goods that are intended for the use of a mission or person referred to in that subsection where any other goods of the same kind, or of a similar kind, that have been entered for home consumption under an Act relating to duties of excise were, at the time when they were so entered, intended for the use of the mission or person and the Customs Minister, by instrument in writing, declares that, in his or her opinion, the reasonable requirements of the mission or person, as the case may be, have adequately been met by the other goods.\n  (3) Subsection (1) does not apply in respect of any goods unless:\n    (a) the person for whose use the goods are intended, or, if the goods are intended for the use of a mission, the head of the mission, agrees that, if the goods are sold or otherwise disposed of in Australia or in an external Territory within 2 years after the date of entry of the goods for home consumption under an Act relating to duties of excise, he or she will, unless the Customs Minister otherwise determines, pay to the Commonwealth an amount equal to the duties of excise that, but for this section, would have been payable in respect of the goods; and\n    (b) where the person so entering into an agreement has previously entered into a similar agreement in relation to any other goods and has committed a breach of that last‑mentioned agreement—the person complies with such conditions, if any, as the Customs Minister, by instrument in writing, determines (which may include a condition that the person give security, satisfactory to that Minister, that he or she will comply with the first‑mentioned agreement).","sortOrder":9},{"sectionNumber":"10B","sectionType":"section","heading":"Indirect tax concession scheme","content":"#### 10B Indirect tax concession scheme\n\n  (1) If:\n    (a) an acquisition covered by a determination of the Minister is made:\n    (i) by or on behalf of the head of a mission; or\n    (ii) by a member of the mission, a member of the family of such a person or another person, who is;\n    covered by a determination of the Minister; and\n    (b) at the time of the acquisition, it was intended for:\n    (i) the official use of the mission; or\n    (ii) a use covered by a determination of the Minister;\n  the Commissioner must, on behalf of the Commonwealth and subject to subsection (3), pay to the head of the mission (or a person in a class of persons determined by the Minister) an amount equal to the amount of indirect tax payable (if any) in respect of the supply of that acquisition.\n  (2) A claim for an amount covered by subsection (1) must be in the approved form.\n  (3) The amount is payable:\n    (a) in accordance with the conditions and limitations; and\n    (b) within the period and in the manner;\n  determined by the Minister.\n  (4) A determination under this section is a legislative instrument.\n  (5) In this section:\n\n> mission includes an international organisation that has been declared by the regulations for the purposes of section 5A.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Privileges and immunities of certain members of the staff of a mission and of private servants of members of a mission","content":"#### 11 Privileges and immunities of certain members of the staff of a mission and of private servants of members of a mission\n\n  In respect of acts performed in the course of their duties:\n    (a) members of the administrative and technical staff, and members of the service staff, of the mission of an overseas country who are Australian citizens or are ordinarily resident in Australia or in an external Territory; and\n    (b) private servants of members of such a mission;\n  are entitled to the immunity from jurisdiction, and inviolability, to which persons referred to in paragraph 1 of Article 38 of the Convention as having the force of law by virtue of this Act are entitled.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Withdrawal of privileges and immunities","content":"#### 12 Withdrawal of privileges and immunities\n\n  (1) Where the Minister is satisfied that the privileges and immunities granted in relation to a mission of Australia in an overseas country, or to persons connected with that mission, are less than the privileges and immunities granted by this Act in relation to the mission of that country, or to persons connected with that mission, he or she may, by instrument in writing, withdraw, in relation to that mission or to persons connected with that mission, all or any of the privileges and immunities granted by this Act.\n  (2) The Minister shall cause any such instrument to be published in the Gazette.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Certificates by Minister","content":"#### 14 Certificates by Minister\n\n  (1) The Minister may give a certificate in writing certifying any fact relevant to the question whether a person is, or was at any time or in respect of any period, entitled to any privileges or immunities by virtue of this Act, of an Act repealed by this Act or of the regulations.\n  (2) In any proceedings, a certificate given under this section is prima facie evidence of the facts certified.","sortOrder":13},{"sectionNumber":"14A","sectionType":"section","heading":"Delegation","content":"#### 14A Delegation\n\n  (1) The Customs Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that Minister, delegate to a person all or any of that Minister’s powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Customs Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Customs Minister.","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 Regulations\n\n  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.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaces earlier Diplomatic Immunities Acts (1952 and 1958) by repealing them (s 3) and consolidates domestic law giving force to specified Articles of the Vienna Convention (s 7). It expands or clarifies operational scope by: explicitly extending application to external Territories (s 5); providing a route for regulations to apply the Act to certain international organisations (s 5A); creating a statutory indirect tax reimbursement scheme administered by the Commissioner under Ministerial determinations (s 10B); and specifying concrete limits, repayment undertakings and administrative conditions for customs and excise exemptions (s 8, s 9). The Act also centralises legal authority on these subjects by excluding State and Territory laws that deal with the same matters (s 6), and increases executive administrative discretion through written instruments, determinations and delegation powers (s 8, s 9, s 10B, s 12, s 14A)."},"complexity_factors":["Cross‑reference to multiple external statutes and instruments (GST Act, Luxury Car Tax Act, Wine Equalisation Tax Act, Excise Tariff Act) increasing interpretive links (s 4 definitions; s 8(1A); s 9(1)).","Incorporation of parts of an international treaty (Vienna Convention) with statutory reinterpretation of terms and selective application of Articles (s 7).","Ministerial discretion and administrative decision points (Customs Minister declarations, Ministerial determinations, withdrawal of privileges, repayment/security conditions) that require policy and factual assessments (s 8(2)–(3), s 9(2)–(3), s 10B, s 12).","Reimbursement scheme that creates payment obligations for the Commissioner subject to Ministerial conditions and approved forms, and that makes determinations legislative instruments (s 10B(1)–(4)).","Conditional exemptions with time‑limited resale rules and security requirements that create ongoing compliance and record‑keeping obligations (s 8(3), s 9(3)).","Application to external Territories and a mechanism to include international organisations by regulation, expanding scope and regulatory complexity (s 5, s 5A).","Statutory override of State/Territory laws for overlapping matters (s 6), which raises federal‑state interface considerations.","Delegation and evidentiary provisions (delegation of powers; Ministerial certificates as prima facie evidence) that affect administrative procedure and litigation practice (s 14A, s 14)."],"plain_english_summary":"This Act gives key Articles of the Vienna Convention domestic effect in Australia and external territories, creating statutory diplomatic privileges and immunities and specific customs, excise and indirect‑tax concessions for foreign missions, their staff, families and private servants. It sets reimbursement and repayment rules (including security and written undertakings), displaces State/Territory laws, and establishes Ministerial and Customs‑Minister discretion over entitlements, denials and withdrawals. The Commonwealth (via the Commissioner of Taxation) bears reimbursement costs subject to conditions and recovery rules."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1967 Act was a relatively straightforward implementation of the Vienna Convention on Diplomatic Relations, focused on customs duties, excise, and traditional diplomatic immunities. Over subsequent decades, the scope has expanded significantly through amendments to encompass: (1) the entire modern Australian tax system including GST, luxury car tax and wine equalisation tax; (2) international organisations beyond traditional nation-states; (3) an elaborate indirect tax concession scheme with ministerial determinations; and (4) increasingly complex anti-avoidance mechanisms to prevent abuse of diplomatic privileges. The Act has transformed from a simple treaty-implementation statute into a sophisticated tax and customs administration framework."},"complexity_factors":["Incorporation of an entire international treaty (Vienna Convention) by reference, with selective application of only certain Articles (1, 22-24, 27-40)","Extensive modification of treaty terms through 'reading down' provisions in section 7(2) — 8 separate interpretative rules that rewrite the Convention's language for Australian context","Multiple interacting tax statutes referenced: GST Act 1999, Luxury Car Tax Act 1999, Wine Equalisation Tax Act 1999, Income Tax Assessment Acts 1936 and 1997, Excise Tariff Act 1921, Customs Act 1901","Complex conditional logic in sections 8 and 9 with 'anti-abuse' safeguards: time-limited resale restrictions (2 years for goods, 3 years for vehicles), ministerial declarations of 'reasonable requirements', and security bonds for repeat offenders","Nested definitions and cross-references: 'indirect tax' defined by reference to three other Acts; 'acquisition' and 'approved form' pulled from tax legislation","Section 5A creates a parallel regime for 'international organisations' with four-tiered definition and synthetic substitution of terms throughout the Act","Discretionary ministerial powers throughout: declarations, determinations, certificates, and withdrawals of privileges, some legislative instruments and some not","Interaction between Commonwealth, State/Territory, and Imperial law addressed in section 6 (exclusion clause) and section 7(3) (quarantine and import/export laws carve-out)"],"plain_english_summary":"**What this law does:**\n\nThis Act gives legal force in Australia to the **Vienna Convention on Diplomatic Relations** — an international treaty that sets out the rules for how diplomats from other countries must be treated while working in Australia. It essentially says: \"We will treat foreign diplomats the way the international community has agreed they should be treated.\"\n\n**Key things the law covers:**\n\n*   **Immunity from prosecution** — Diplomats generally cannot be arrested, sued, or prosecuted for things they do as part of their official job (though this doesn't apply to serious crimes committed outside their duties, and Australia can waive immunity in some cases).\n*   **Inviolability of embassies** — Foreign embassy buildings cannot be entered by Australian police or officials without permission, and Australia must protect them.\n*   **Tax and customs breaks** — Diplomats don't have to pay certain taxes, customs duties, or excise duties on goods they import for official or personal use (with some limits to stop abuse).\n*   **Freedom of communication** — Diplomatic bags and communications cannot be intercepted or opened.\n\n**Who it affects:**\n\n*   **Foreign diplomats** posted to Australia and their families.\n*   **International organisations** (like regional bodies) that the government declares are covered by this law.\n*   **Australian officials** who deal with diplomats — the Foreign Minister, Customs Minister, and Tax Commissioner all have roles in administering these privileges.\n*   **Ordinary Australians** indirectly — the law ensures Australia meets its international obligations, but also includes safeguards (like the ability to withdraw privileges if another country treats Australian diplomats badly).\n\n**Why it matters:**\n\nWithout this law, Australia couldn't properly host foreign embassies or participate in the international diplomatic system. The Act creates a reciprocal framework: we treat your diplomats well if you treat ours well. It also includes a **\"withdrawal of privileges\"** mechanism — if another country restricts what Australian diplomats can do there, Australia can respond in kind.\n\n**Notable modern additions:**\n\nThe Act has been updated over time to cover modern taxes like **GST, luxury car tax, and wine equalisation tax**, ensuring diplomats get relief from these newer taxes too. There's also a refund scheme (section 10B) where the Tax Commissioner can pay back indirect taxes on certain purchases."}},"importantCases":[],"_links":{"self":"/api/acts/diplomatic-privileges-and-immunities-act-1967","history":"/api/acts/diplomatic-privileges-and-immunities-act-1967/history","analysis":"/api/acts/diplomatic-privileges-and-immunities-act-1967/analysis","conflicts":"/api/acts/diplomatic-privileges-and-immunities-act-1967/conflicts","importantCases":"/api/acts/diplomatic-privileges-and-immunities-act-1967/important-cases","documents":"/api/acts/diplomatic-privileges-and-immunities-act-1967/documents"}}