{"id":"F2022L01164","name":"International Organisations (Privileges and Immunities) (Conference of the Parties to the United Nations Framework Convention on Climate Change) Regulations 2022","slug":"international-organisations-privileges-and-immunities-conference-of-the-parties-to-the-united-nation","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102610,"registerId":"commonwealth-F2022L01164-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the International Organisations (Privileges and Immunities) (Conference of the Parties to the United Nations Framework Convention on Climate Change) Regulations 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the International Organisations (Privileges and Immunities) Act 1963.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the International Organisations (Privileges and Immunities) Act 1963.\n\n> Conference of the Parties means the Conference of the Parties to the United Nations Framework Convention on Climate Change.\n\n> expert:\n\n    (a) means a person who is performing short‑term or temporary projects on behalf of the Conference of the Parties; and\n    (b) includes a person who is:\n    (i) serving on a body established by, or attending a meeting organised by, the Conference of the Parties; or\n    (ii) participating in the work of, or performing a mission on behalf of, the Conference of the Parties;\n    whether or not the person receives remuneration from the Conference of the Parties; and\n    (c) does not include a person who holds an office in the Conference of the Parties.\n\n> serious offence means an offence under any law of the Commonwealth, or of a State or Territory, for which, if the act or omission 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.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conference of the Parties to the United Nations Framework Convention on Climate Change","content":"## Part 2—Conference of the Parties to the United Nations Framework Convention on Climate Change","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act applies to the Conference of the Parties","content":"#### 5 Act applies to the Conference of the Parties\n\n> For the purposes of subsection 5(1) of the Act, the Conference of the Parties is an international organisation to which the Act applies.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Conference of the Parties to have juridical personality and legal capacities","content":"#### 6 Conference of the Parties to have juridical personality and legal capacities\n\n  For the purposes of subparagraph 6(1)(a)(i) of the Act, the Conference of the Parties:\n    (a) is a body corporate with perpetual succession; and\n    (b) is capable, in its corporate name, of:\n    (i) entering into contracts; and\n    (ii) acquiring, holding and disposing of real and personal property; and\n    (iii) instituting, and being a party to, legal proceedings.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Privileges and immunities of the Conference of the Parties","content":"#### 7 Privileges and immunities of the Conference of the Parties\n\n  For the purposes of subparagraph 6(1)(a)(ii) of the Act, the Conference of the Parties has the privileges and immunities specified in item 2 of the First Schedule to the Act, insofar as those privileges and immunities relate to the inviolability of premises of, or occupied by, the Conference of the Parties.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Privileges and immunities of representatives and former representatives","content":"#### 8 Privileges and immunities of representatives and former 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, the Conference of the Parties as a representative of:\n    (a) a country other than Australia; or\n    (b) another international organisation to which the Act applies; or\n    (c) an overseas organisation to which the Act applies.\n  (2) For the purposes of subparagraph 6(1)(c)(ii) of the Act, the privileges and 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 an international conference convened by, the Conference of the Parties as a representative of:\n    (a) a country other than Australia; or\n    (b) another international organisation to which the Act applies; or\n    (c) an overseas organisation to which the Act applies.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Privileges and immunities of officers and former officers","content":"#### 9 Privileges and immunities of officers and former officers\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:\n    (a) holds an office in the Conference of the Parties; and\n    (b) is in attendance at an international conference convened by the Conference of the Parties.\n  (2) For the purposes of subparagraph 6(1)(d)(ii) of the Act, the privileges and immunities specified in Part II of the Fourth Schedule to the Act are conferred upon a person who:\n    (a) has ceased to hold an office in the Conference of the Parties; and\n    (b) while holding the office, was in attendance at an international conference convened by the Conference of the Parties;\n  in relation to acts and things done while the person was in attendance at the international conference.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Privileges and immunities of experts and former experts","content":"#### 10 Privileges and immunities of experts and former experts\n\n  (1) For the purposes of subparagraph 6(1)(e)(i) of the Act, the privileges and immunities specified in paragraph 2 of Part I of the Fifth Schedule to the Act are conferred, subject to subsection (3), upon a person who:\n    (a) is an expert; and\n    (b) is not an Australian citizen or a permanent resident of Australia.\n  (2) For the purposes of subparagraph 6(1)(e)(ii) of the Act, the immunities specified in Part II of the Fifth Schedule to the Act are conferred, subject to subsection (3), upon a person who:\n    (a) has ceased to be an expert; and\n    (b) is not an Australian citizen or a permanent resident of Australia.\n  (3) The immunities conferred on a person by subsection (1) or (2) do not extend to:\n    (a) immunity from a suit or other legal process:\n    (i) for the recovery of damages for any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or\n    (ii) with respect to the commission of an offence under a provision of a law of the Commonwealth, or of a State or Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle; or\n    (b) immunity from personal arrest and detention if that person is found committing or attempting to commit, or has just committed, a serious offence.","sortOrder":10}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument extends the scope of the International Organisations (Privileges and Immunities) Act 1963 to explicitly include the Conference of the Parties (COP), conferring corporate legal personality (s 6) and specified privileges and immunities for the organisation, its premises, representatives, officers and certain experts (ss 5–10). It also narrows some immunities for experts by creating explicit exceptions for motor‑vehicle liabilities and serious offences (s 10(3))."},"complexity_factors":["Statutory cross‑references to the International Organisations (Privileges and Immunities) Act 1963 and multiple Schedules rather than full text of privileges (see ss 5–10; First, Third, Fourth, Fifth Schedules of the Act).","Multiple defined categories with different treatment: Conference, representatives, officers, experts, former holders (see Definitions and ss 8–10).","Conditional immunities tied to status and conduct (current v. former, attendance at conference, acts done while in attendance) (ss 8–9).","Explicit exceptions to immunities for experts (motor‑vehicle damages, motor‑traffic offences, and serious offences permitting arrest) which create narrow but important carve‑outs (s 10(3)).","Introduction of juridical personality and legal capacities for COP (contracting, property, litigation) which change legal standing and who may be a party to proceedings (s 6).","Reliance on statutory terms (e.g. 'expert', 'serious offence') that condition entitlement and enforcement (Definitions and s 10)."],"plain_english_summary":"These regulations make the UNFCCC Conference of the Parties (COP) an \"international organisation\" under the International Organisations (Privileges and Immunities) Act 1963 and give it corporate legal capacities and specified immunities. They protect COP premises and grant different privileges to accredited representatives, officers and short‑term experts (with stated limits such as motor‑vehicle liabilities and arrest for serious offences). The rules change who can be sued or arrested in Australia and therefore alter legal remedies and compliance obligations for people and entities dealing with COP."},"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":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: conferring privileges and immunities on a specific international climate body and its attendees. It does not expand beyond the standard framework established by the 1963 parent Act."},"complexity_factors":["Only 4 defined terms in the interpretation section","Heavy reliance on external schedules (First, Third, Fourth, and Fifth Schedules to the parent Act) without reproducing their content","Simple conditional logic limited to citizenship/residency tests and serious offence exceptions","No nested exceptions beyond the two specific carve-outs for experts in section 10(3)","Straightforward structure: preliminary matters, then sequential conferral of privileges on different categories of persons","Single cross-reference to parent Act (International Organisations (Privileges and Immunities) Act 1963) with minimal elaboration"],"plain_english_summary":"This bill gives the UN Climate Change Conference (COP) and its attendees special legal status and protections while conferences are in Australia: COP becomes a legal “person,” its premises are off-limits to officials without consent, and foreign delegates, officials and certain non‑resident experts receive immunity from arrest, legal process and some immigration rules. Limited exceptions cover traffic incidents and prosecutions for serious crimes, and some protections continue for former officials. It enables hosting major UN climate summits with familiar diplomatic safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/international-organisations-privileges-and-immunities-conference-of-the-parties-to-the-united-nation","history":"/api/acts/international-organisations-privileges-and-immunities-conference-of-the-parties-to-the-united-nation/history","analysis":"/api/acts/international-organisations-privileges-and-immunities-conference-of-the-parties-to-the-united-nation/analysis","conflicts":"/api/acts/international-organisations-privileges-and-immunities-conference-of-the-parties-to-the-united-nation/conflicts","importantCases":"/api/acts/international-organisations-privileges-and-immunities-conference-of-the-parties-to-the-united-nation/important-cases","documents":"/api/acts/international-organisations-privileges-and-immunities-conference-of-the-parties-to-the-united-nation/documents"}}