{"id":"F2024L00731","name":"International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co-operation) Regulations 2024","slug":"f2024l00731","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442431,"registerId":"F2024L00731-fast-fetch-1775957444555","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co-operation) Regulations 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nInternational Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co‑operation) Regulations 2024\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated  20 June 2024\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nPenny Wong\n\nMinister for Foreign Affairs\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Act applies to OCCAR\n\n7 OCCAR to have juridical personality and legal capacities\n\n8 Privileges and immunities of OCCAR\n\n9 Privileges and immunities of the Director\n\n10 Privileges and immunities of representatives\n\n11 Privileges and immunities of staff members other than the Director\n\n12 Privileges and immunities of experts\n\n13 Indirect tax concession scheme—acquisitions\n\n14 Indirect tax concession scheme—conditions\n\n15 Indirect tax concession scheme—claims for payment\n\n16 Indirect tax concession scheme—manner of payment\n\n17 Waiver of privileges and immunities\n\n18 Delegation by Minister\n\nSchedule 1—Repeals\n\nInternational Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co‑operation Related Meetings) Regulations 2022\n\n \n\n \n\n1  Name\n\n  This instrument is the International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co-operation) Regulations 2024.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 22 June 2024\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the International Organisations (Privileges and Immunities) Act 1963.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the International Organisations (Privileges and Immunities) Act 1963.\n\nBoard of Supervisors means the Board of Supervisors of OCCAR.\n\ncompetent authority: see subsection 17(2).\n\nDirector means the Director of the Executive Administration of OCCAR or, if the position is vacant, the person appointed to perform the duties of the Director.\n\nexpert means a person, other than a staff member, who:\n\n (a) is performing tasks on behalf of OCCAR on a short‑term or temporary basis; and\n\n (b) is covered by a category of experts designated by the Board of Supervisors as a category upon which privileges and immunities are to be conferred.\n\nOCCAR means the Organisation for Joint Armament Co‑operation, established by the Convention on the Establishment of the Organisation for Joint Armament Cooperation, done at Farnborough on 9 September 1998.\n\nNote: The Convention could in 2024 be viewed in the United Nations Treaty Collection (https://treaties.un.org).\n\nstaff member means a person who holds an office in OCCAR, but does not include an expert.\n\ntaxable supply has the meaning given by section 195‑1 of the A New Tax System (Goods and Services Tax) Act 1999.\n\ntax invoice has the meaning given by section 29‑70 of the A New Tax System (Goods and Services Tax) Act 1999.\n\n6  Act applies to OCCAR\n\n  For the purposes of subsection 5(1) of the Act, OCCAR is declared to be an international organisation to which the Act applies.\n\n7  OCCAR to have juridical personality and legal capacities\n\n  For the purposes of subparagraph 6(1)(a)(i) of the Act, OCCAR:\n\n (a) is a body corporate with perpetual succession; and\n\n (b) is capable, in its corporate name, of:\n\n (i) entering into contracts; and\n\n (ii) acquiring, holding and disposing of real and personal property; and\n\n (iii) instituting, and being a party to, legal proceedings.\n\n8  Privileges and immunities of OCCAR\n\n (1) For the purposes of subparagraph 6(1)(a)(ii) of the Act, the privileges and immunities specified in the First Schedule to the Act are conferred upon OCCAR, subject to subsections (2) to (5) of this section.\n\n (2) The immunity specified in item 1 of the First Schedule to the Act does not extend to immunity from civil or criminal process relating to any of the following:\n\n (a) the recovery of damages for any damage, injury or death resulting from an accident involving a motor vehicle owned or operated on behalf of OCCAR;\n\n (b) the commission of an offence under a law of the Commonwealth, a State or a Territory that:\n\n (i) relates to motor traffic, motor vehicles or the use of a motor vehicle; and\n\n (ii) involves a motor vehicle owned or operated on behalf of OCCAR;\n\n (c) the enforcement of an arbitration award made under the terms of any contract made by OCCAR;\n\n (d) the attachment, in accordance with a final order of a court, of any amount payable as salary or emoluments by OCCAR to any staff member.\n\n (3) The immunity specified in item 2 of the First Schedule to the Act applies subject to the requirements of any judicial or administrative proceedings relating to the prevention or investigation of an accident involving a motor vehicle owned or operated on behalf of OCCAR.\n\n (4) The privileges specified in items 6 and 7 of the First Schedule to the Act do not extend to goods purchased or imported, or services provided, for the personal benefit of a staff member.\n\n (5) OCCAR’s privileges in relation to indirect tax are limited to:\n\n (a) the exemption conferred by section 11B of the Act; and\n\n (b) concessions under section 11C of the Act in relation to acquisitions covered by section 13 of this instrument.\n\n9  Privileges and immunities of the Director\n\n (1) For the purposes of subparagraph 6(1)(b)(i) of the Act:\n\n (a) the office of the Director is prescribed to be a high office in OCCAR; and\n\n (b) the privileges and immunities specified in Part I of the Second Schedule to the Act are conferred upon the Director.\n\n (2) For the purposes of subparagraph 6(1)(b)(ii) of the Act, the immunities specified in Part II of the Second Schedule to the Act are conferred upon a person who has ceased to be the Director.\n\n (3) The privileges and immunities conferred on a person by subsection (1) or (2) do not apply to a person who, at the time of holding office as the Director, is an Australian citizen or a permanent resident of Australia.\n\n10  Privileges and immunities of representatives\n\n (1) For the purposes of subparagraph 6(1)(c)(i) of the Act, the privileges and immunities specified in Part I of the Third Schedule to the Act are conferred upon a person who is accredited to, or is in attendance at an international conference convened by, OCCAR as a representative of:\n\n (a) a country other than Australia; or\n\n (b) another international organisation to which the Act applies; or\n\n (c) an overseas organisation to which the Act applies;\n\nto the extent that the person is exercising functions as such a representative.\n\n (2) For the purposes of subparagraph 6(1)(c)(ii) of the Act, the immunities specified in Part II of the Third Schedule to the Act are conferred upon a person who has ceased to be accredited to, or has attended a conference convened by, OCCAR as such a representative.\n\n (3) However:\n\n (a) nothing in this section confers immunity on a person from civil or criminal process:\n\n (i) for the recovery of damages for damage, injury or death resulting from an accident involving a motor vehicle owned or driven by the person; or\n\n (ii) relating to the commission of an offence by the person under a law of the Commonwealth, a State or a Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle; and\n\n (b) the privileges and immunities conferred on a person by subsection (1) or (2) do not apply to a person who, at the time of exercising functions as a representative of a kind mentioned in subsection (1), is an Australian citizen or a permanent resident of Australia.\n\n11  Privileges and immunities of staff members other than the Director\n\n (1) For the purposes of subparagraph 6(1)(d)(i) of the Act, the privileges and immunities specified in Part I of the Fourth Schedule to the Act are conferred upon a person who is a staff member other than the Director.\n\n (2) For the purposes of subparagraph 6(1)(f)(i) of the Act, the privilege specified in item 3 of Part I of the Third Schedule to the Act is conferred upon a person connected to OCCAR as a staff member other than the Director.\n\n (3) For the purposes of subparagraph 6(1)(d)(ii) of the Act, the immunity specified in Part II of the Fourth Schedule to the Act is conferred upon a person who has ceased to be a staff member.\n\n (4) However:\n\n (a) nothing in this section confers immunity on a person from civil or criminal process:\n\n (i) for the recovery of damages for damage, injury or death resulting from an accident involving a motor vehicle owned or driven by the person; or\n\n (ii) relating to the commission of an offence by the person under a law of the Commonwealth, a State or a Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle; and\n\n (b) the privileges and immunities specified in items 4 and 5 of Part I of the Fourth Schedule to the Act do not apply to a person who, at the time of holding office as a staff member, is an Australian citizen or a permanent resident of Australia.\n\n12  Privileges and immunities of experts\n\n (1) For the purposes of subparagraph 6(1)(e)(i) of the Act, the privileges and immunities specified in items 2, 3, 5 and 6 of Part I of the Fifth Schedule to the Act are conferred upon a person who is an expert.\n\n (2) For the purposes of subparagraph 6(1)(e)(ii) of the Act, the immunity specified in Part II of the Fifth Schedule to the Act is conferred upon a person who has ceased to be an expert.\n\n (3) However:\n\n (a) nothing in this section confers immunity on a person from civil or criminal process:\n\n (i) for the recovery of damages for damage, injury or death resulting from an accident involving a motor vehicle owned or driven by the person; or\n\n (ii) relating to the commission of an offence by the person under a law of the Commonwealth, a State or a Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle; and\n\n (b) the privileges and immunities specified in items 5 and 6 of Part I of the Fifth Schedule to the Act do not apply to a person who, at the time of performing tasks on behalf of OCCAR, is an Australian citizen or a permanent resident of Australia.\n\n13  Indirect tax concession scheme—acquisitions\n\n (1) For the purposes of paragraph 11C(1)(a) of the Act, the following acquisitions by or on behalf of OCCAR are covered by this instrument:\n\n (a) an acquisition, on a single tax invoice for a taxable supply of at least $200 (including indirect tax), of goods (by purchase or lease) or services;\n\n (b) an acquisition of goods that are freed from duties of excise by section 8 of this instrument;\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 this instrument;\n\n (d) an acquisition of any of the following, if the acquisition is subject to an arrangement between OCCAR and the Commonwealth for reimbursement of indirect tax:\n\n (i) construction or renovation services;\n\n (ii) real property;\n\n (iii) any other thing.\n\n (2) However, an acquisition made by or on behalf of OCCAR is covered by this instrument only if, at the time of the acquisition, it was strictly necessary for the exercise of the official activities of OCCAR.\n\n14  Indirect tax concession scheme—conditions\n\n (1) For the purposes of paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable to OCCAR only if the following conditions are satisfied:\n\n (a) OCCAR has entered into a written agreement with the Commonwealth to repay to the Commonwealth the amount worked out under subsection (3) of this section in the event that:\n\n (i) for a payment in relation to an acquisition of a motor vehicle—OCCAR disposes of the motor vehicle (except to a person entitled to an indirect tax concession under 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—OCCAR disposes of the goods (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after the goods were acquired; or\n\n (iii) for a payment in relation to an acquisition of services—OCCAR assigns the services to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory; or\n\n (iv) for a payment in relation to any other acquisition—OCCAR assigns the thing acquired to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;\n\n (b) if OCCAR has breached a previous agreement under paragraph (a)—OCCAR complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that OCCAR complies with the agreement.\n\n (2) For the purposes of 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) OCCAR is taken to have disposed of goods to which one 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) OCCAR disposes of the goods to a person who is entitled to the concession; and\n\n (ii) that 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 subparagraph, by a person who is not entitled to the concession.\n\n (3) For the purposes of 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 OCCAR disposes of the goods; and\n\n (b) for an acquisition to which subparagraph (1)(a)(iii) or (iv) 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, OCCAR 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 OCCAR 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 OCCAR in writing that, in the Minister’s opinion, OCCAR’s reasonable needs were met by that acquisition.\n\n15  Indirect tax concession scheme—claims for payment\n\n  A claim for payment in relation to an acquisition covered by section 13:\n\n (a) must be signed by, or on behalf of, the Director; 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; 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 (other than an acquisition covered by paragraph (d)) that is subject to an arrangement:\n\n (i) that is between OCCAR and the Commonwealth; and\n\n (ii) that specifies when a claim for payment may be sent;\n\n  may only be sent as specified in the arrangement; 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 OCCAR is sent.\n\nNote: Paragraph (f) is intended to limit the number of claims from OCCAR to one in each quarter, to minimise delays in the processing of claims.\n\n16  Indirect tax concession scheme—manner of payment\n\n  For the purposes of paragraph 11C(3)(b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by, or on behalf of, the Director.\n\n17  Waiver of privileges and immunities\n\n (1) For the purposes of section 10 of the Act, the competent authority for a privilege or immunity conferred by the Act or this instrument may waive the privilege or immunity if the competent authority considers that:\n\n (a) retaining it would impede the course of justice; and\n\n (b) waiving it would not prejudice the interests of OCCAR.\n\n (2) The competent authority for a privilege or immunity conferred by the Act or this instrument is:\n\n (a) for a privilege or immunity conferred upon OCCAR or the Director—the Board of Supervisors; or\n\n (b) for a privilege or immunity conferred upon a representative of a country other than Australia—that country; or\n\n (c) for a privilege or immunity conferred upon a representative of another international organisation, or an overseas organisation, to which the Act applies—that organisation; or\n\n (d) for a privilege or immunity conferred upon a staff member (other than the Director) or an expert—the Director.\n\n18  Delegation by Minister\n\n (1) The Minister may, in writing, delegate the Minister’s powers under paragraph 14(1)(b) or (5)(b) of this instrument to:\n\n (a) the Secretary of the Department; or\n\n (b) an SES employee, or acting SES employee, in the Department.\n\nNote: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In exercising a delegated power, the delegate must comply with any written directions of the Minister.\n\nSchedule 1—Repeals\n\n \n\nInternational Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co‑operation Related Meetings) Regulations 2022\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"This 2024 regulation significantly expands scope compared to the 2022 instrument it repeals. The 2022 version only covered 'OCCAR Related Meetings' (temporary conference attendance), while this 2024 version covers OCCAR's ongoing organisational operations, permanent staff, the Director, and regular business activities. It transforms from a temporary meeting-specific instrument to a comprehensive organisational status declaration."},"complexity_factors":["Extensive cross-referencing to the International Organisations (Privileges and Immunities) Act 1963 (referencing First, Second, Third, Fourth and Fifth Schedules)","Multiple conditional limitations on privileges (motor vehicle exceptions, citizenship exclusions, time limits on tax concessions)","Nested definitions requiring lookup in both this instrument and the GST Act","Complex indirect tax concession scheme with repayment calculations based on disposal timing (section 14)","Different competent authorities for waiver depending on beneficiary type (section 17)","Specific procedural requirements for tax claims varying by acquisition type (section 15)"],"plain_english_summary":"This law makes OCCAR an official international organisation in Australia, giving it and its staff legal standing, immunities, and targeted tax and customs concessions so it can carry out defence procurement work here. Protections are limited—they don’t cover ordinary criminal traffic incidents or apply to Australian citizens/residents—and key safeguards let authorities waive privileges to prevent obstruction of justice or abuse.\n\nIt affects OCCAR, its director, staff and member-state reps, and requires Australian agencies to administer tax refunds and related conditions, enabling OCCAR’s expanded, ongoing operations in Australia."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument replaces the 2022 related‑meetings instrument (Schedule 1) and delivers a standalone declaration that OCCAR is an international organisation under the Act (section 6). It both confers juridical personality and a package of privileges/immunities (sections 7–12) and establishes a detailed indirect‑tax concession and repayment regime with operational claim and documentation rules (sections 13–16). It therefore broadens and formalises the legal and tax treatment of OCCAR activities in Australia and sets administrative controls (waiver, delegation) on those privileges (sections 17–18)."},"complexity_factors":["Cross‑references to the International Organisations (Privileges and Immunities) Act 1963 (see section 3 and multiple provisions applying Schedules of the Act).","Interaction with Commonwealth indirect tax law and GST definitions (references to A New Tax System (Goods and Services Tax) Act 1999 in section 5; detailed concession scheme in sections 13–16).","Conditional and time‑limited repayment obligations for tax concessions, including differing periods for motor vehicles, goods and services and calculation rules for repayment (section 14).","Multiple nationality and residency exceptions limiting immunities for Australian citizens and permanent residents (sections 9(3), 10(3)(b), 11(4)(b), 12(3)(b)).","Enumerated exceptions to immunity for civil/criminal process relating to motor vehicle accidents and related investigations (sections 8(2)–(3), 10(3)(a), 11(4)(a), 12(3)(a)).","Administrative requirements for claims, documentation and payment routing (signed Director’s claim, tax invoice, where to send claims) that create operational compliance steps (section 15–16).","Discretionary authorities: waiver of privileges by competent authorities and Ministerial delegation powers with directions to delegates (sections 17–18), creating delegated decision points and potential supervisory discretion.","Repeal of a prior related instrument, which may alter the regulatory landscape for OCCAR activities in Australia (Schedule 1)."],"plain_english_summary":"This instrument declares the Organisation for Joint Armament Co‑operation (OCCAR) an international organisation under the International Organisations (Privileges and Immunities) Act 1963, gives OCCAR corporate legal personality and confers specified privileges and immunities on OCCAR, its Director, representatives, staff and experts. It also sets an indirect‑tax (GST/excise) concession scheme with claim, payment and repayment rules, and prescribes waiver and delegation arrangements for those privileges and immunities. Australia (the Commonwealth), OCCAR’s Board of Supervisors and the Director are given concrete roles in administering those rules."}},"importantCases":[],"_links":{"self":"/api/acts/f2024l00731","history":"/api/acts/f2024l00731/history","analysis":"/api/acts/f2024l00731/analysis","conflicts":"/api/acts/f2024l00731/conflicts","importantCases":"/api/acts/f2024l00731/important-cases","documents":"/api/acts/f2024l00731/documents"}}