{"id":"F2000B00102","name":"European Space Agency (Privileges and Immunities) Regulations 2000","slug":"european-space-agency-privileges-and-immunities-regulations-2000","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"94 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436502,"registerId":"F2000B00102-fast-fetch-1775953680723","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"European Space Agency (Privileges and Immunities) Regulations 2000","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nEuropean Space Agency (Privileges and Immunities) Regulations 2000\n\nStatutory Rules 2000 No. 94\n\nI, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Organisations (Privileges and Immunities) Act 1963.\n\nDated 7 June 2000\n\nWILLIAM DEANE\n\nGovernor-General\n\nBy His Excellency’s Command\n\nalexander downer\n\nMinister for Foreign Affairs\n\n![](image.001.png)\n\nEuropean Space Agency (Privileges and Immunities) Regulations 2000\n\nStatutory Rules 2000 No. 941\n\nmade under the\n\nInternational Organisations (Privileges and Immunities) Act 1963\n\n \n\n \n\n \n\nContents\n\n Page\n\n 1 Name of Regulations \n\n 2 Commencement \n\n 3 Definitions \n\n 4 Legal capacity and personality \n\n \n\nDo not delete : Part placeholder\n\nDo not delete : Division placeholder\n\n1 Name of Regulations\n\n  These Regulations are the European Space Agency (Privileges and Immunities) Regulations 2000.\n\n2 Commencement\n\n  These Regulations commence on gazettal.\n\n3 Definitions\n\n  In these Regulations:\n\nAct means the International Organisations (Privileges and Immunities) Act 1963.\n\nEuropean Space Agency means the agency established under Article I of the Convention for the Establishment of a European Space Agency done at Paris on 30 May 1975.\n\n4 Legal capacity and personality\n\n  For subsection 12A (2) of the Act, the European Space Agency:\n\n (a) is a body corporate with perpetual succession; and\n\n (b) is capable, in its corporate name:\n\n (i) of entering into contracts; and\n\n (ii) of acquiring, holding and disposing of real and personal property; and\n\n (iii) of suing and being sued.\n\nNote\n\n1. Made by the Governor-General on 7 June 2000, and notified in the Commonwealth of Australia Gazette on 8 June 2000. \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: conferring basic legal personality on the European Space Agency to enable its operations in Australia. There is no evidence of scope creep or expansion beyond the core function of granting corporate status and contractual capacity under the International Organisations (Privileges and Immunities) Act 1963."},"complexity_factors":["Only 4 operative provisions (regulations 1-4)","Minimal defined terms (only 2: 'Act' and 'European Space Agency')","No cross-references beyond a single reference to subsection 12A(2) of the parent Act","No conditional logic, exceptions, or nested provisions","Straightforward declaratory language ('is a body corporate', 'is capable of')","Total length under 500 words"],"plain_english_summary":"These regulations grant the European Space Agency (ESA) legal status in Australia so it can operate here like a local company or person. Specifically, the ESA can:\n\n- **Enter into contracts** (hire staff, lease buildings, buy services)\n- **Own and sell property** (both buildings and equipment)\n- **Sue and be sued in Australian courts** (so if there's a dispute, the ESA can take legal action or be held legally accountable)\n\nThe regulations also give the ESA \"perpetual succession,\" meaning it continues to exist regardless of changes in its staff or leadership.\n\n**Why this matters:** Without these rules, international organisations like the ESA couldn't legally sign leases, own satellite ground stations in Australia, or enforce contracts. This ensures Australia can participate in international space programs while giving the ESA the legal tools it needs to operate here."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations implement a narrowly targeted purpose: to declare the European Space Agency’s corporate legal capacity for the purposes of subsection 12A(2) of the International Organisations (Privileges and Immunities) Act 1963. They do not broaden the Act’s subject-matter beyond recognising ESA’s ability to contract, hold property and litigate; they do not add immunities or other substantive privileges in this instrument. Therefore the scope has not been materially changed beyond that original, technical purpose."},"complexity_factors":["Very short instrument (4 regulations: name, commencement, definitions, single substantive provision)","Only 2 defined terms in the interpretation section (Act; European Space Agency)","Single substantive clause (Regulation 4) with three short sub-points (corporate status and three capacities)","One cross-reference to subsection 12A(2) of the International Organisations (Privileges and Immunities) Act 1963","No nested exceptions, conditions, or multiple schedules"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Names the instrument the European Space Agency (Privileges and Immunities) Regulations 2000 and makes it effective on gazettal.\n- Defines two terms used in the Regulations: the Act (the International Organisations (Privileges and Immunities) Act 1963) and the European Space Agency (the body established by the 1975 Paris Convention).\n- For the purposes of subsection 12A(2) of the Act, declares that the European Space Agency (ESA):\n  - is a body corporate with perpetual succession (that is, it exists as a legal entity that continues over time);\n  - in its corporate name may enter into contracts, acquire, hold and dispose of real and personal property, and may sue and be sued (that is, it can transact business and be a party in litigation in Australia) (Regulation 4).\n\n**Who this affects**\n\n- Primary beneficiary: the European Space Agency. The Regulations create clear legal capacity for ESA to operate in Australia without separate local incorporation.\n- Secondary affected parties: Australian counterparties (contractors, suppliers, land registries, courts) who may contract with, grant property interests to, or litigate against ESA.\n- Government agencies and courts: will recognise ESA as a corporate entity for the listed transactional and litigation purposes.\n\n**Why it matters (purpose claimed and practical effects)**\n\n- The Regulations implement a technical recognition: they declare ESA’s corporate status in Australia so ESA can directly enter contracts, deal in property, and be a party to litigation, under the mechanism in subsection 12A(2) of the Act (Reg 4).\n- By giving ESA explicit legal capacity, the Regulations remove or reduce the need for ESA to operate through a local nominee or separate Australian company for routine commercial and property transactions. That can lower transactional friction (contracts, title transfers, procurements) for ESA and for Australian firms dealing with ESA.\n\n**Costs, incentives, trade-offs and implementation issues**\n\n- Who pays: There is no new taxation or fee rule in these Regulations. The immediate financial gain is concentrated to ESA (reduced transaction costs) and to businesses that contract with ESA (easier dealings). Any costs are likely administrative and diffuse (e.g. courts and registries recognising ESA’s status). The Regulations themselves do not create new ongoing public spending obligations.\n- Incentives and behaviour changes: Australian suppliers and contractors can contract directly with ESA rather than an intermediary; public land and property offices must accept ESA as a legal owner/transfer party where appropriate; litigants can bring or face proceedings involving ESA in Australian courts.\n- Trade-offs and legal exposure: recognising ESA’s capacity means ESA can be sued in Australia as well as sue others. The Regulations do not themselves grant or remove diplomatic-style immunities — they simply declare corporate capacity under subsection 12A(2). Any privileges or immunities would stem from other provisions of the Act or separate instruments.\n- Implementation risk and administrative burden: Low. The declaration is short and direct. Practical steps (for example, registering title to real property) will follow ordinary administrative processes once the corporate capacity is recognised.\n\n**Effects on private enterprise, competition and contract freedom**\n\n- Private firms gain clearer scope to contract with ESA and to hold property interests involving ESA; that increases commercial opportunities for suppliers to ESA but does not impose obligations on them.\n- The Regulations do not restrict competitors or alter market entry rules; they merely allow ESA itself to act as a contracting and property-owning entity in Australia.\n\n**Concentrated benefits and potential unintended consequences**\n\n- Concentrated benefits: the ESA and its direct contractors/partners.\n- Diffuse costs: minimal and largely administrative (courts, registries adapting paperwork). No explicit new financial burdens on third parties are created by the text of the Regulations.\n\n(See Regulation 4 and the Definitions in Regulation 3 for the exact legal wording of the capacities conferred.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/european-space-agency-privileges-and-immunities-regulations-2000","history":"/api/acts/european-space-agency-privileges-and-immunities-regulations-2000/history","analysis":"/api/acts/european-space-agency-privileges-and-immunities-regulations-2000/analysis","conflicts":"/api/acts/european-space-agency-privileges-and-immunities-regulations-2000/conflicts","importantCases":"/api/acts/european-space-agency-privileges-and-immunities-regulations-2000/important-cases","documents":"/api/acts/european-space-agency-privileges-and-immunities-regulations-2000/documents"}}