{"id":"F2007L00985","name":"International Development Law Organization (Privileges and Immunities) Regulations 2007","slug":"international-development-law-organization-privileges-and-immunities-regulations-2007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"85 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436959,"registerId":"F2007L00985-fast-fetch-1775954003571","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"International Development Law Organization (Privileges and Immunities) Regulations 2007","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nInternational Development Law Organization (Privileges and Immunities) Regulations 20071\n\nSelect Legislative Instrument 2007 No. 85\n\nI, PHILIP MICHAEL JEFFERY, 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 12 April 2007\n\nP. M. JEFFERY\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nALEXANDER DOWNER\n\nMinister for Foreign Affairs\n\nContents\n\n 1 Name of Regulations \n\n 2 Commencement \n\n 3 Definitions \n\n 4 Application of Act to IDLO \n\n 5 Juridical personality and legal capacity of IDLO \n\n 6 Privileges and immunities of IDLO \n\n 7 Privileges and immunities of Director‑General \n\n 8 Privileges and immunities of Representatives \n\n 9 Privileges and immunities of Asia Regional Representative, Director and staff members             \n\n 10 Privileges and immunities of technical experts \n\n 11 Emblem of IDLO \n\n 12 Waiver of privileges and immunities \n\n 13 Privileges and immunities subject to quarantine laws etc \n\nSchedule 1 Official emblems \n\n \n\n \n\n \n\n \n\n \n\n1 Name of Regulations\n\n  These Regulations are the International Development Law Organization (Privileges and Immunities) Regulations 2007.\n\n2 Commencement\n\n  These Regulations commence on the day after they are registered.\n\n3 Definitions\n\n (1) In these Regulations:\n\nAct means the International Organisations (Privileges and Immunities) Act 1963.\n\nIDLO means the International Development Law Organization.\n\nMemorandum of Understanding means the Memorandum of Understanding between the Government of Australia and the IDLO for the Establishment of the Asia Pacific Training Centre, done on 28 June 2005.\n\n (2) An expression used in these Regulations and in the Memorandum of Understanding has the same meaning in these Regulations as it has in the Memorandum of Understanding.\n\n4 Application of Act to IDLO\n\n  For section 5 of the Act, the IDLO is an international organisation to which the Act applies.\n\n5 Juridical personality and legal capacity of IDLO\n\n  The IDLO:\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\n6 Privileges and immunities of IDLO\n\n (1) Subject to subregulations (2) and (3), the IDLO has the privileges and immunities mentioned in the First Schedule to the Act, except items 6, 7, 8 and 10 of that Schedule.\n\n (2) The IDLO’s immunity from suit and other legal processes under this regulation does not include immunity:\n\n (a) from civil proceedings in relation to contracts entered into by the IDLO for the supply of goods or services, loans or other transactions for the provision of finance by or to the IDLO, contracts of guarantee or indemnity to which the IDLO is a party and other financial obligations; or\n\n (b) from civil proceedings in relation to debts due to the Commonwealth; or\n\n (c) from civil or administrative proceedings brought by a third party arising out of death, damage or personal injury resulting from an accident in which a motor vehicle owned by, or operated on behalf of, the IDLO was involved; or\n\n (d) from proceedings with respect to the commission of an offence under a provision of a law of the Commonwealth, or of a State or Territory, with respect to motor traffic, motor vehicles or the use of a motor vehicle; or\n\n (e) from the attachment, in accordance with a final order of a court, of any amount payable as salary, wages or other remuneration owed by the IDLO to any staff member of, or expert assisting, the IDLO; or\n\n (f) from counter‑claims made against the IDLO directly connected with proceedings initiated by the IDLO.\n\n (3) The inviolability of premises of, or occupied by, the IDLO does not prevent persons having access to the premises without the consent of the Director for the purpose of protecting the premises in the case of fire or other occurrence requiring immediate protective action.\n\n7 Privileges and immunities of Director‑General\n\n (1) For paragraph 6 (1) (b) of the Act, the office of Director‑General is a high office.\n\n (2) Unless he or she is a citizen or permanent resident of Australia, the Director‑General has the privileges and immunities mentioned in Part I of the Second Schedule to the Act, other than any financial privilege or immunity.\n\n (3) If the Director‑General is a citizen or permanent resident of Australia, he or she has immunity from suit and other legal processes in respect of acts and things done in his or her official capacity as Director‑General.\n\n (4) A person who has ceased to hold the office of Director‑General has the privileges and immunities mentioned in Part II of the Second Schedule to the Act.\n\n8 Privileges and immunities of Representatives\n\n (1) Subject to subregulations (4) and (5), a Representative, other than the Asia Regional Representative and any representative to whom subregulation (2) applies, has the following privileges and immunities:\n\n (a) the privileges and immunities specified in items 1 to 4 and 6 of Part I of the Third Schedule to the Act;\n\n (b) the same exemptions in relation to inspection of his or her personal baggage as are accorded to diplomatic agents;\n\n (c) exemption from the application of laws relating to the registration of aliens and the obligation to perform national service;\n\n (d) the same repatriation facilities, for himself or herself and his or her spouse and dependent relatives, in a time of international crisis as are accorded to diplomatic agents.\n\n (2) Subject to subregulation (5), a Representative who is a citizen or permanent resident of Australia has immunity from suit and other legal processes in respect of words written or spoken, and things done, in the exercise of his or her official functions.\n\n (3) Subject to subregulation (5), a person who has ceased to be a Representative has the privileges and immunities specified in Part II of the Third Schedule to the Act.\n\n (4) Immunity from arrest and detention under subregulation (1) does not extend to a Representative found committing, attempting to commit or having just committed a serious offence.\n\n (5) Immunity from suit and other legal processes under this regulation does not include immunity:\n\n (a) from civil or administrative proceedings arising out of death, damage or personal injury resulting from an accident in which a motor vehicle owned or driven by the representative was involved; or\n\n (b) from proceedings with respect to the commission of an offence under a provision of a law of the Commonwealth, or of a State or Territory, with respect to motor traffic, motor vehicles or the use of a motor vehicle.\n\n9 Privileges and immunities of Asia Regional Representative, Director and staff members\n\n (1) Subject to subregulation (5), a person mentioned in subregulation (3) who is not a citizen or permanent resident of Australia has the following privileges and immunities:\n\n (a) the privileges and immunities specified in Part I of the Fourth Schedule to the Act, other than items 2 and 3 of that Part;\n\n (b) exemption for himself or herself, and his or her spouse, from the application of laws relating to the registration of aliens.\n\n (2) Subject to subregulations (5) and (6), a person mentioned in subregulation (3) who is a citizen or permanent resident of Australia has the following privileges and immunities:\n\n (a) the privileges and immunities mentioned in items 1, 4 and 6 of Part I of the Fourth Schedule to the Act;\n\n (b) exemption for himself or herself, and his or her spouse, from the application of laws relating to the registration of aliens.\n\n (3) The persons are:\n\n (a) the Asia Regional Representative; and\n\n (b) the Director; and\n\n (c) members of the staff of the IDLO’s Asia Pacific Regional Center.\n\n (4) Subject to subregulation (5), a person who has ceased to be a person mentioned in subregulation (3) has the privileges and immunities specified in Part II of the Fourth Schedule to the Act.\n\n (5) Immunity from suit and other legal processes under this regulation does not include immunity:\n\n (a) from civil or administrative proceedings arising out of death, damage or personal injury resulting from an accident in which a motor vehicle owned or driven by the person was involved; or\n\n (b) from proceedings with respect to the commission of an offence under a provision of a law of the Commonwealth, or of a State or Territory, with respect to motor traffic, motor vehicles or the use of a motor vehicle; or\n\n (c) from civil proceedings in relation to debts due to the Commonwealth.\n\n (6) A staff member who is a citizen or permanent resident of Australia has the immunity mentioned in item 4 of Part I of the Fourth Schedule to the Act only if the staff member’s name has been placed on a list compiled by the Director for that purpose and approved by the Minister.\n\n10 Privileges and immunities of technical experts\n\n (1) Subject to subregulation (4), a technical expert who is not a citizen or permanent resident of Australia has the privileges and immunities specified in Part I of the Fifth Schedule to the Act, other than items 2A and 4 of that Part.\n\n (2) Subject to subregulation (4), a technical expert who is a citizen or permanent resident of Australia has the privileges and immunities mentioned in items 2 and 3 of Part I of the Fifth Schedule to the Act.\n\n (3) Subject to subregulation (4), a person who has ceased to be a technical expert has the privileges and immunities mentioned in Part II of the Fifth Schedule to the Act.\n\n (4) Immunity from suit and other legal processes under this regulation does not include immunity:\n\n (a) from civil or administrative proceedings arising out of death, damage or personal injury resulting from an accident in which a motor vehicle owned or driven by the technical expert was involved; or\n\n (b) from proceedings with respect to the commission of an offence under a provision of a law of the Commonwealth, or of a State or Territory, with respect to motor traffic, motor vehicles or the use of a motor vehicle; or\n\n (c) from civil proceedings in relation to debts due to the Commonwealth.\n\n11 Emblem of IDLO\n\n  For paragraph 12 (5) (b) of the Act, each emblem depicted in Schedule 1 is an official emblem of the IDLO.\n\n12 Waiver of privileges and immunities\n\n (1) The IDLO may waive a privilege or immunity to which a Representative (other than the Asia Regional Representative) or the Director is entitled because of the Act or these Regulations.\n\n (2) The Director may waive a privilege or immunity to which the IDLO or a person other than a person mentioned in subregulation (1) is entitled because of the Act or these Regulations.\n\n13 Privileges and immunities subject to quarantine laws etc\n\n (1) Nothing in these Regulations affects the operation of any law of the Commonwealth, a State or a Territory relating to immigration, health, quarantine or public order or restricting the importation into, or exportation from, Australia or that State or Territory of any animals, plants or goods.\n\n (2) However, this regulation does not prejudice any immunity from suit or other legal process conferred by these Regulations.\n\nSchedule 1 Official emblems\n\n(regulation 11)\n\n \n\n \n\n \n\n \n\n![](image.002.png)\n\n \n\n \n\n![](image.003.jpeg) \n\n \n\n \n\n \n\n \n\nNote\n\n1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulations implement application of the Act to IDLO and specify which Schedule items apply and which exceptions operate (regs 3–6). They define legal personality (reg 5), allocate immunities by office and status (regs 7–10), and set waiver and listing procedures (regs 9(6), 12). They narrow, rather than expand, immunity by enumerating exclusions (e.g. commercial contracts, Commonwealth debts, motor‑vehicle incidents) and preserve operation of immigration/quarantine laws (reg 13), so the scope is implementationally specific rather than a broadened mandate."},"complexity_factors":["Cross‑references to the International Organisations (Privileges and Immunities) Act 1963 and multiple Schedules rather than self‑contained rights (regs 4, 6, 7–10, 11)","Residency/citizenship distinctions affecting which immunities apply (regs 7(2)–(3), 9(1)–(2), 10(1)–(2))","Numerous carve‑outs to immunity for contracts, debts to the Commonwealth, motor‑vehicle accidents and certain offences (regs 6(2), 6(3), 8(5), 9(5), 10(4))","Discretionary waiver powers split between the IDLO and its Director, creating operational decision points (reg 12)","Administrative requirement that some Australian staff be listed and ministerially approved to obtain certain immunities (reg 9(6))","Interaction with external laws (immigration, quarantine, health, public order) preserved, creating compliance complexity (reg 13)","Relatively straightforward juridical personality and corporate capacities provided (reg 5) which mitigate some legal ambiguity"],"plain_english_summary":"These Regulations apply the International Organisations (Privileges and Immunities) Act 1963 to the International Development Law Organization (IDLO), give IDLO corporate legal capacity and grant immunities to the organisation and its officials while listing specific exceptions for commercial contracts, debts to the Commonwealth, motor‑vehicle accidents and certain offences (regs 4–6, 7–10).\n\nThey allow the IDLO or its Director to waive privileges (reg 12), require ministerial approval for some Australian staff immunities (reg 9(6)), and declare official emblems (reg 11); commercial liabilities and some legal exposure remain with IDLO (reg 6(2))."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose of implementing the 2005 Memorandum of Understanding regarding the Asia Pacific Training Centre. It follows the standard template for international organization privileges and immunities regulations without significant scope creep."},"complexity_factors":["Heavy reliance on cross-references to five different Schedules in the parent Act (International Organisations (Privileges and Immunities) Act 1963) without reproducing their content","Differentiated treatment across four categories of personnel (Director-General, Representatives, Asia Regional Representative/Director/staff, technical experts) with varying immunity levels","Distinction between Australian citizens/permanent residents and non-residents for each personnel category, creating parallel regulatory tracks","Multiple specific exceptions to immunity (motor vehicle accidents, traffic offences, debts to Commonwealth, commercial contracts) that vary slightly between sections","Conditional waivers and approval requirements (e.g., staff member names must be on an approved list compiled by the Director and approved by the Minister)","Reference to an external Memorandum of Understanding (28 June 2005) for definitional purposes"],"plain_english_summary":"The bill gives the International Development Law Organization (IDLO) legal personality and a range of privileges and immunities in Australia—protecting the organisation and its staff from suits, providing tax and customs exemptions, and tailoring protections by role (Director‑General, Representatives, regional staff, technical experts). Immunity is limited for traffic deaths/injury, traffic offences, government debts, commercial contracts and counterclaims. Waivers are permitted; quarantine, immigration and public‑health laws still apply. It implements a 2005 Australia–IDLO agreement."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/international-development-law-organization-privileges-and-immunities-regulations-2007","history":"/api/acts/international-development-law-organization-privileges-and-immunities-regulations-2007/history","analysis":"/api/acts/international-development-law-organization-privileges-and-immunities-regulations-2007/analysis","conflicts":"/api/acts/international-development-law-organization-privileges-and-immunities-regulations-2007/conflicts","importantCases":"/api/acts/international-development-law-organization-privileges-and-immunities-regulations-2007/important-cases","documents":"/api/acts/international-development-law-organization-privileges-and-immunities-regulations-2007/documents"}}