{"id":"F2000B00308","name":"International Tribunal for the Law of the Sea (Privileges and Immunities) Regulations 2000","slug":"international-tribunal-for-the-law-of-the-sea-privileges-and-immunities-regulations-2000","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"283 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436518,"registerId":"F2000B00308-fast-fetch-1775953689808","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"International Tribunal for the Law of the Sea (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\nInternational Tribunal for the Law of the Sea (Privileges and Immunities) Regulations 2000\n\nStatutory Rules 2000 No. 2831\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 25 October 2000\n\nWILLIAM DEANE\n\nGovernor-General\n\nBy His Excellency’s Command\n\nALEXANDER DOWNER\n\nMinister for Foreign Affairs\n\nContents\n\nPage\n\nPart 1 Introductory\n\n 1 Name of Regulations \n\n 2 Commencement \n\n 3 Definitions \n\n 4 Privileges and immunities are subject to quarantine laws etc \n\n 5 No immunity from prosecution for motor vehicle and motor traffic offences             \n\n 6 Limitation on privileges and immunities for Australian citizens and residents             \n\nPart 2 Privileges and immunities of the Tribunal\n\n 7 Privileges and immunities of the Tribunal \n\n 8 Legal capacity and personality \n\n 9 Premises of the Tribunal are inviolable \n\n 10 Immunity of the Tribunal from suit and other legal process \n\n 11 Immunity of property of the Tribunal \n\n 12 Archives of the Tribunal are inviolable \n\n 13 Communications \n\n 14 Exemption from direct taxes \n\n 15 Exemptions relating to imports and exports \n\n 16 Exemption from currency restrictions \n\nPart 3 Privileges and immunities of members of the Tribunal\n\n 17 Members of the Tribunal engaged on business of the Tribunal             \n\n 18 Members on a journey \n\n 19 Members holding themselves at the disposal of the Tribunal \n\n 20 Members not engaged on business of the Tribunal \n\nPart 4 Privileges and immunities of other persons associated with the Tribunal\n\n 21 Privileges and immunities of officials of the Tribunal \n\n 22 Privileges and immunities of agents, counsel and advocates \n\n 23 Privileges and immunities of experts appointed under article 289 of the Convention             \n\n 24 Privileges and immunities of witnesses, experts and persons performing missions             \n\nPart 5 Indirect tax concession scheme\n\n 25 Acquisitions \n\n 26 Conditions \n\n 27 Claims for payment \n\n 28 Manner of payment \n\nPart 6 Waiver and delegation\n\n 29 Waiver of privileges and immunities \n\n 30 Delegation \n\nPart 7 Repeal and saving\n\n 31 International Tribunal for the Law of the Sea (Privileges and Immunities) Regulations 1998 — repeal             \n\n 32 Transitional \n\n \n\nPart 1 Introductory\n\n \n\n1 Name of Regulations\n\n  These Regulations are the International Tribunal for the Law of the Sea (Privileges and Immunities) Regulations 2000.\n\n2 Commencement\n\n  These Regulations take effect from a day specified in a written determination made by the Minister under subsection 13 (2) of the International Organisations (Privileges and Immunities) Act 1963 for the purposes of the commencement of these Regulations.\n\n3 Definitions\n\n  In these Regulations:\n\nAct means the International Organisations (Privileges and Immunities) Act 1963.\n\nConvention means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.\n\nmember of the family or family member, in relation to a person (the first person), means a person who is:\n\n (a) a part of the first person’s household; and\n\n (b) any of the following members of the first person’s family:\n\n (i) the first person’s spouse;\n\n (ii) an unmarried child who is under the age of 21 years;\n\n (iii) an unmarried child who is under the age of 25 years and is undertaking full-time studies at an Australian educational institution;\n\n (iv) an unmarried child who is incapable of self‑support because of a physical or mental disability.\n\nmember of the Tribunal includes:\n\n (a) an elected member of the Tribunal; and\n\n (b) an elected member of the Tribunal who has been replaced but is finishing proceedings in accordance with paragraph 3 of article 5 of the Statute; and\n\n (c) a person chosen under article 17 of the Statute to be a member of the Tribunal for a particular case.\n\nofficial of the Tribunal includes the Registrar of the Tribunal and the other members of the staff of the Registry.\n\nRegistrar of the Tribunal includes an official of the Tribunal who is acting as Registrar of the Tribunal.\n\nStatute means the Statute of the International Tribunal for the Law of the Sea set out in Annex VI to the Convention.\n\ntaxable supply has the meaning given by section 195-1 of the GST Act.\n\ntax invoice has the meaning given by section 29-70 of the GST Act.\n\nTribunal means the International Tribunal for the Law of the Sea established by the Statute.\n\n4 Privileges and immunities are subject to quarantine laws etc\n\n (1) Nothing in these Regulations affects the application of a law about:\n\n (a) quarantine; or\n\n (b) importation into, or exportation from, Australia or an external Territory.\n\n (2) However, subregulation (1) does not affect any immunity from civil or criminal process.\n\n5 No immunity from prosecution for motor vehicle and motor traffic offences\n\n  Nothing in these Regulations confers immunity on any person from civil or criminal process:\n\n (a) 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 (b) 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.\n\n6 Limitation on privileges and immunities for Australian citizens and residents\n\n (1) Nothing in these Regulations confers a privilege or immunity on a person who is an Australian citizen or a permanent resident of Australia except:\n\n (a) a privilege or immunity conferred by these Regulations in respect of an exemption from tax on salaries and allowances received from the Tribunal; and\n\n (b) a privilege or immunity conferred by these Regulations in respect of a period in which a member or official of the Tribunal is in Australia being taken not to be a period of residence in Australia for the purposes of any form of taxation the imposition of which depends on residency; and\n\n (c) a privilege or immunity conferred by these Regulations in respect of immunity from suit and other legal process for acts and things done in carrying out official duties.\n\n (2) In this regulation:\n\nlaw of Australia has the same meaning as in the Foreign States Immunities Act 1985.\n\npermanent resident of Australia means a person resident in Australia whose continued presence in Australia is not subject to a limitation as to time imposed by or under a law of Australia.\n\n\n\n\nPart 2 Privileges and immunities of the Tribunal\n\n \n\n7 Privileges and immunities of the Tribunal\n\n  The Tribunal has the privileges and immunities mentioned in this Part.\n\n8 Legal capacity and personality\n\n  The Tribunal:\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\n9 Premises of the Tribunal are inviolable\n\n  The premises of, or occupied by, the Tribunal are inviolable.\n\n10 Immunity of the Tribunal from suit and other legal process\n\n (1) The Tribunal is immune from suit and other legal process.\n\n (2) The Tribunal may waive its immunity.\n\n (3) However, a waiver extends to a measure of execution of a judgment only if the waiver is expressed to do so.\n\n (4) The Tribunal may waive its immunity from a measure of execution of a judgment arising from a suit at the same time as, or after, the Tribunal waives its immunity from suit.\n\n11 Immunity of property of the Tribunal\n\n  The property of, or in the custody of, the Tribunal is immune from suit and other legal or administrative process.\n\n12 Archives of the Tribunal are inviolable\n\n  The archives of the Tribunal, and all documents belonging to, or in the custody of, the Tribunal, are inviolable.\n\n13 Communications\n\n (1) For telecommunications sent by the Tribunal that contain only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Australia), the Tribunal is entitled to any reduced rates applicable in relation to such telecommunications by the press.\n\n (2) The Tribunal is also entitled to any more favourable treatment in relation to priorities, rates and taxes for official communications and correspondence that is received by any of the following:\n\n (a) a diplomatic mission;\n\n (b) an international organisation to which the Act applies;\n\n (c) an international organisation to which the Act would apply if Australia or a person representing Australia were a member of the organisation.\n\n (3) For its official communications and correspondence, the Tribunal may use:\n\n (a) any appropriate means of communication; and\n\n (b) codes or ciphers.\n\n (4) Official communications and correspondence of the Tribunal are inviolable.\n\n (5) If the Tribunal uses a courier to send or receive correspondence or other things, the Tribunal is entitled to have the courier treated as a diplomatic courier.\n\n (6) If the Tribunal uses a sealed bag to send or receive correspondence or other things, the Tribunal is entitled to have the bag treated as a diplomatic bag.\n\n14 Exemption from direct taxes\n\n (1) The Tribunal, its assets, income and other property, and its operations and transactions, are exempt from direct taxes.\n\n (2) However, nothing in subregulation (1) exempts the Tribunal from charges for public utility services.\n\n15 Exemptions relating to imports and exports\n\n (1) For goods imported or exported by the Tribunal for its official use, and for publications of the Tribunal imported or exported by the Tribunal, the Tribunal is exempt from the following:\n\n (a) customs duties;\n\n (b) liability to pay and collect taxes for the importation or exportation;\n\n (c) prohibitions and restrictions in relation to the importation or exportation.\n\n (2) However, the exemption ceases to apply to imported goods (other than publications of the Tribunal) that are sold, donated or otherwise disposed of in Australia within 2 years after the goods were imported.             \n\n16 Exemption from currency restrictions\n\n (1) The Tribunal is exempt from financial controls, regulations and moratoriums in respect of its official activities.\n\n (2) For carrying on its official activities, the Tribunal may:\n\n (a) hold funds in any kind of currency (including gold); and\n\n (b) operate accounts in any currency; and\n\n (c) transfer its funds in any kind of currency (including gold) from Australia to another country, or within Australia; and\n\n (d) convert any currency held by it into any other currency; and\n\n (e) receive, hold, negotiate, transfer, convert or otherwise deal with bonds or other financial securities.\n\n\n\n\nPart 3 Privileges and immunities of members of the Tribunal\n\n \n\n17 Members of the Tribunal engaged on business of the Tribunal\n\n (1) A member of the Tribunal engaged on business of the Tribunal has the following privileges and immunities:\n\n (a) the privileges and immunities mentioned in the Second Schedule to the Act as if the member were a high officer, or former high officer, mentioned in that Schedule;\n\n (b) any period during which the member is engaged on business of the Tribunal in Australia is taken not to be a period of residence in Australia for the purposes of any form of taxation the imposition of which depends on residency.\n\n (2) However, paragraph (1) (b) does not apply in relation to the imposition of tax on a transaction or income of a member if application of the paragraph would result in an amount of tax being imposed that is more than the amount of tax that would be imposed if the paragraph did not apply.\n\n18 Members on a journey\n\n  A member of the Tribunal on a journey related to carrying out his or her official duties has the privileges and immunities mentioned in regulation 17.\n\n19 Members holding themselves at the disposal of the Tribunal\n\n  A member of the Tribunal residing in Australia for the purpose of holding himself or herself at the disposal of the Tribunal has the privileges and immunities mentioned in regulation 17.\n\n20 Members not engaged on business of the Tribunal\n\n  A member of the Tribunal who is not engaged on business of the Tribunal is entitled to the same repatriation facilities in a time of international crisis as are accorded to a diplomatic agent who is not accredited or assigned to Australia.\n\n\n\n\nPart 4 Privileges and immunities of other persons associated with the Tribunal\n\n \n\n21 Privileges and immunities of officials of the Tribunal\n\n (1) The Registrar of the Tribunal has, when engaged on the business of the Tribunal, the same privileges and immunities under these Regulations as a member of the Tribunal engaged on business of the Tribunal, including the privileges mentioned in Part 5 of these Regulations.\n\n (2) An official of the Tribunal (other than the Registrar of the Tribunal) has, when engaged on the business of the Tribunal, the following privileges and immunities:\n\n (a) immunity from personal arrest and detention;\n\n (b) immunity from seizure of his or her personal baggage;\n\n (c) the same privileges and immunities in respect of personal baggage as are accorded to a diplomatic agent;\n\n (d) immunity from suit and other legal process in respect of acts and things done in carrying out his or her official duties;\n\n (e) exemption from the obligation to perform national service;\n\n (f) exemption (including exemption of members of the official’s family forming part of his or her household) from the application of laws relating to immigration and registration of aliens;\n\n (g) exemption from currency and exchange restrictions to the same extent as for an official, of comparable rank, forming part of a diplomatic mission to Australia;\n\n (h) the same repatriation facilities (including repatriation facilities for members of the official’s family forming part of his or her household) in a time of international crisis as are accorded to a diplomatic agent;\n\n (i) exemption from taxation on salaries and allowances received from the Tribunal;\n\n (j) any period during which the official is engaged on the business of the Tribunal in Australia is taken not to be a period of residence in Australia for the purposes of any form of taxation the imposition of which depends on residency.\n\n (3) However, paragraph (2) (j) does not apply in relation to the imposition of tax on a transaction or income of an official if application of the paragraph would result in an amount of tax being imposed that is more than the amount of tax that would be imposed if the paragraph did not apply.\n\n (4) However, an official of the Tribunal has the privileges and immunities mentioned in subregulation (2) only if the official is part of a class of officials that the Tribunal tells the Minister, the Australian Ambassador to Germany or the Australian Embassy in Berlin, in writing, is a class to which subregulation (2) is to apply.\n\n22 Privileges and immunities of agents, counsel and advocates\n\n  A person who is an agent, counsel or advocate of a party to a case before the Tribunal has, during his or her mission for that party (including journeys related to the mission), the following privileges and immunities:\n\n (a) immunity from personal arrest or detention;\n\n (b) immunity from seizure of his or her personal baggage;\n\n (c) the same privileges and immunities in respect of personal baggage as are accorded to a diplomatic agent;\n\n (d) immunity from suit and other legal process in respect of acts and things done in carrying out his or her official duties;\n\n (e) inviolability of documents and papers;\n\n (f) the right to receive papers and correspondence by courier and in sealed bags;\n\n (g) exemption from the application of laws relating to immigration and registration of aliens;\n\n (h) the same privileges and immunities in respect of personal baggage as for a representative of a foreign government on a temporary official mission on behalf of that government;\n\n (i) exemption from currency and exchange restrictions to the same extent as for a representative of a foreign government on a temporary official mission on behalf of that government;\n\n (j) the same repatriation facilities in a time of international crisis as are accorded to a diplomatic agent.\n\n23 Privileges and immunities of experts appointed under article 289 of the Convention\n\n  An expert appointed under article 289 of the Convention has, during the mission for which he or she is appointed (including journeys related to the mission), the following privileges and immunities:\n\n (a) immunity from personal arrest or detention;\n\n (b) immunity from seizure of his or her personal baggage;\n\n (c) the same privileges and immunities in respect of personal baggage as are accorded to a diplomatic agent;\n\n (d) immunity from suit and other legal process in respect of acts and things done in carrying out his or her official duties;\n\n (e) inviolability of documents and papers;\n\n (f) exemption from the application of laws relating to immigration and registration of aliens;\n\n (g) exemption from currency and exchange restrictions to the same extent as for a representative of a foreign government on a temporary official mission on behalf of that government;\n\n (h) the same repatriation facilities in a time of international crisis as are accorded to a diplomatic agent.\n\n24 Privileges and immunities of witnesses, experts and persons performing missions\n\n (1) A person to whom this subregulation applies has, during his or her mission for the Tribunal (including journeys related to the mission), the privileges and immunities mentioned in subregulation (3).\n\n (2) Subregulation (1) applies to a person:\n\n (a) who is a witness in a case before the Tribunal; or\n\n (b) who is:\n\n (i) an expert (other than an expert appointed under article 289 of the Convention) engaged on a mission by order of the Tribunal; or\n\n (ii) otherwise engaged on a mission by order of the Tribunal.\n\n (3) The privileges and immunities for the person are:\n\n (a) immunity from personal arrest or detention; and\n\n (b) immunity from seizure of his or her personal baggage; and\n\n (c) the same privileges and immunities in respect of personal baggage as are accorded to a diplomatic agent; and\n\n (d) immunity from suit and other legal process in respect of acts and things done in carrying out his or her official duties; and\n\n (e) inviolability of documents and papers; and\n\n (f) exemption from the application of laws relating to immigration and registration of aliens; and\n\n (g) exemption from currency and exchange restrictions to the same extent as for a representative of a foreign government on a temporary official mission on behalf of that government; and\n\n (h) the same repatriation facilities in a time of international crisis as for an official of comparable rank forming part of a diplomatic mission to Australia.\n\n\n\n\nPart 5 Indirect tax concession scheme\n\n \n\n25 Acquisitions\n\n (1) For paragraph 11C (1) (a) of the Act, the following acquisitions by the Tribunal or a member of the Tribunal engaged on business of the Tribunal are covered by these Regulations:\n\n (a) an acquisition of any of the following, on a single tax invoice for a taxable supply of at least $200 (including indirect tax):\n\n (i) goods (by purchase or lease);\n\n (ii) services consisting of the removal of goods;\n\n (b) an acquisition of goods that are freed from duties of excise by paragraph 17 (1) (a);\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 these Regulations.\n\n (2) However:\n\n (a) an acquisition mentioned in subregulation (1) is covered by these Regulations only if, at the time of the acquisition, it was intended for the official use of the Tribunal, the personal use of a member of the Tribunal, or the personal use of a member of the family of the member of the Tribunal; and\n\n (b) an acquisition of a motor vehicle for the official use of the Tribunal or the personal use of a member of the Tribunal is covered by these Regulations only if:\n\n (i) within the previous 3 years, the Tribunal or member of the Tribunal has not received:\n\n (A) a concession under section 11C of the Act for the acquisition of another motor vehicle; or\n\n (B) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle; or\n\n (ii) the vehicle was acquired in exceptional circumstances to replace a motor vehicle for which the Tribunal or member of the Tribunal received:\n\n (A) a concession under section 11C of the Act; or\n\n (B) an exemption from indirect tax under section 11B of the Act; and\n\n (c) an acquisition of a motor vehicle for the personal use of a member of the family of a member of the Tribunal is covered by these Regulations only if:\n\n (i) the family member is eligible to hold a driver’s licence that is valid in Australia and, within the previous 3 years, the family member has not received:\n\n (A) a concession under section 11C of the Act for the acquisition of another motor vehicle for the personal use of a family member; or\n\n (B) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle for the personal use of a family member; or             \n\n (ii) the vehicle was acquired in exceptional circumstances to replace a motor vehicle for which the family member received:\n\n (A) a concession under section 11C of the Act; or\n\n (B) an exemption under section 11B of the Act.\n\n (3) In subparagraphs (2) (b) (ii) and (c) (ii):\n\nexceptional circumstances, in relation to the replacement of a motor vehicle, includes the original vehicle being stolen or damaged beyond repair.\n\nNote   Section 11C of the Act establishes an indirect tax concession scheme that provides for reimbursement by the Commissioner of Taxation of indirect tax payable for acquisitions covered by these Regulations.\n\n26 Conditions\n\n (1) For paragraph 11C (3) (a) of the Act, the amount mentioned in subsection 11C (1) of the Act is payable only if the following conditions are satisfied:\n\n (a) the person who made the acquisition is subject to an agreement in writing between the person and the Commonwealth to repay to the Commonwealth the amount worked out under subregulation (3) if:\n\n (i) for a payment in relation to an acquisition of a motor vehicle — the person disposes of the motor vehicle (except to another person entitled to an indirect tax concession under these Regulations or 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 — the person disposes of the goods (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after they were acquired; or\n\n (iii) for a payment in relation to an acquisition of the right to receive services — the person assigns the services to another person (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;\n\n (b) if the person has breached a previous agreement under paragraph (a) — the person complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the person complies with the agreement.\n\nNote   The expression ‘person’ includes the Tribunal — see paragraph 8 (a) and the Acts Interpretation Act 1901, paragraph 22 (1) (a).\n\n (2) For 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) a person (the first person) is taken to have disposed of goods to which 1 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) the first person disposes of the goods to a person (the second person) who is entitled to the concession; and\n\n (ii) the second 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 paragraph, by a person who is not entitled to the concession.\n\n (3) For 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 the person disposes of the goods; and\n\n (b) for an acquisition to which subparagraph (1) (a) (iii) 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, a person 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 the person 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 the person in writing that, in the Minister’s opinion, the person’s reasonable needs were met by that acquisition.\n\n27 Claims for payment\n\n (1) A claim for an amount covered by subsection 11C (1) of the Act for an acquisition covered by these Regulations:\n\n (a) must be signed:\n\n (i) if the expense of the acquisition was incurred by a member of the Tribunal — by that member; or\n\n (ii) if the expense of the acquisition was incurred by the Tribunal — by the Registrar or Deputy Registrar of the Tribunal; 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 Department of Foreign Affairs and Trade; or\n\n (ii) in any other case — to the Australian Taxation Office; and\n\n (d) for an acquisition of a motor vehicle — may be sent at any time after the acquisition; and\n\n (e) for an acquisition of anything other than a motor vehicle — may only be sent:\n\n (i) with another claim; or\n\n (ii) at least 3 months after another claim from the Tribunal or member of the Tribunal.\n\n (2) In this regulation:\n\nDeputy Registrar of the Tribunal includes an official of the Tribunal who is acting as Deputy Registrar of the Tribunal.\n\n28 Manner of payment\n\n  For paragraph 11C (3) (b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by the Tribunal or member of the Tribunal.\n\n\n\n\nPart 6 Waiver and delegation\n\n \n\n29 Waiver of privileges and immunities\n\n (1) The Tribunal may waive any privileges or immunities conferred by the Act or these Regulations on the following people:\n\n (a) a member of the Tribunal;\n\n (b) the Registrar of the Tribunal;\n\n (c) experts appointed under article 289 of the Convention;\n\n (d) witnesses, experts and persons performing missions;\n\n (e) agents, counsel and advocates, other than those agents, counsel and advocates mentioned in subregulation (2).\n\n (2) A State that is a party to proceedings before the Tribunal may waive any privileges or immunities conferred by the Act or these Regulations on an agent, counsel or advocate representing, or designated by, that State for the proceedings.\n\n (3) The Registrar may, with the approval of the President of the Tribunal, waive any privileges or immunities conferred by the Act or these Regulations on officials of the Tribunal not mentioned in subregulation (1).\n\n30 Delegation\n\n (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to an SES employee or an acting SES employee the Minister’s powers under paragraphs 26 (1) (b) and (5) (b) of these Regulations.\n\n (2) A power delegated under subregulation (1), when exercised by the delegate, is taken to have been exercised by the Minister.\n\n (3) A delegation of power under subregulation (1) does not prevent the exercise of the power by the Minister.\n\n (4) In this regulation:\n\nSES employee and acting SES employee have the same meanings as in the Public Service Act 1999.\n\n\n\n\nPart 7 Repeal and saving\n\n \n\n31 International Tribunal for the Law of the Sea (Privileges and Immunities) Regulations 1998 — repeal\n\n  Statutory Rules 1998 No. 41 is repealed.\n\n32 Transitional\n\n (1) If:\n\n (a) a privilege or immunity conferred on a member of the Tribunal under the old regulations was waived under those regulations and the waiver was in force immediately before the commencement of these Regulations; and\n\n (b) the privilege or immunity is conferred on the member by these Regulations;\n\n  the waiver mentioned in paragraph (1) (a) continues to have effect for the privilege or immunity conferred under these Regulations.\n\n (2) An acquisition of the kind mentioned in Part 5 that was covered by the old regulations for which a claim for payment has not been made or finally determined before the commencement of these Regulations is taken to be an acquisition covered by these Regulations.\n\n (3) In this regulation:\n\nold regulations means the International Tribunal for the Law of the Sea (Privileges and Immunities) Regulations 1998 as in force immediately before the commencement of these Regulations.\n\nNote\n\n1. Notified in the Commonwealth of Australia Gazette on 26 October 2000. \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Regulations principally implement the Tribunal’s privileges and immunities and an indirect-tax concession scheme for the Tribunal and its personnel; they also expressly repeal the 1998 Regulations and preserve transitional arrangements (regs 31–32). Functionally, the instrument continues the original purpose of implementing Australia’s obligations under the Convention and the International Organisations (Privileges and Immunities) Act 1963. The changes in the 2000 text appear to be administrative refinements (procedural details for tax claims, notification requirements about classes of officials, and explicit repayment/security rules) and a formal repeal-and-save of the 1998 Regulations rather than a substantial expansion of scope beyond the original intent."},"complexity_factors":["Seven substantive Parts with focused topics (introductory, Tribunal privileges, personal privileges, tax concession scheme, waiver/delegation, repeal/transitional).","About 10 defined terms in regulation 3 (Act, Convention, member of the family, member of the Tribunal, official, Registrar, Statute, taxable supply, tax invoice, Tribunal).","Multiple cross-references to external instruments and laws: International Organisations (Privileges and Immunities) Act 1963, the UN Convention on the Law of the Sea (Statute and articles), the GST Act (taxable supply, tax invoice), the Customs Act 1901, and the Acts Interpretation Act 1901.","Indirect tax concession regime (Part 5) contains nested conditions and time-limited repayment obligations (2-year and 3-year retention periods), exceptions (sale to finance company; exceptional replacement circumstances) and procedural rules for claims (reg 25–27).","Several conditional qualifications and caps (eg. motor vehicle concession conditions in reg 25(2); taxation residency carve-outs in regs 17(2) and 21(3)).","Administrative discretion and delegation: Tribunal/Registrar waiver powers (reg 29), Minister delegation to SES employees (reg 30), and Minister’s power to require security (reg 26(1)(b)).","References to external categories (Second Schedule of the Act; diplomatic-agent-equivalent privileges) require users to consult other documents for full effect."],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- Give the International Tribunal for the Law of the Sea (the Tribunal) a package of legal privileges and immunities while it is operating in Australia (Parts 2–4). Key examples: the Tribunal is a legal entity able to sue and be sued (reg 8); its premises, archives and official communications are protected from search or seizure (regs 9, 12, 13); its property is immune from legal process (reg 11); and it is exempt from direct taxes and some import/export duties for official use (regs 14–16).\n\n- Extend specific privileges and immunities to people who act for or with the Tribunal: elected members, the Registrar and other officials, agents, counsel and advocates for parties, experts appointed under the Convention, witnesses and other persons on Tribunal missions (Parts 3–4, regs 17–24). Typical privileges include immunity from suit for official acts, immunity from arrest in many circumstances, inviolability of documents, immigration and currency exemptions, and repatriation facilities in crises.\n\n- Limitations and exceptions are built in: quarantine and import/export laws still apply (reg 4); no immunity for people in respect of motor-vehicle related civil or criminal proceedings (reg 5); Australian citizens and permanent residents generally do not get privileges except limited tax and immunity protections (reg 6).\n\n- Provide an indirect-tax concession / reimbursement scheme for certain acquisitions by the Tribunal or members (Part 5, regs 25–28). That scheme specifies which purchases qualify (eg. taxable supplies on a single tax invoice of at least $200, some imported or warehoused goods, and tightly controlled rules for motor vehicles), how claims are made (ATO or DFAT depending on the item), and repayment obligations if goods are disposed of within fixed periods (usually 2 years for goods, 3 years for motor vehicles) (regs 25–27). The scheme operates by reimbursement under section 11C of the International Organisations (Privileges and Immunities) Act 1963.\n\n- Set out who may waive privileges and immunities (the Tribunal itself, sometimes the Registrar, and in some cases a State party may waive privileges of its counsel) and allow the Minister to delegate certain powers to senior public servants (regs 29–30).\n\n- Repeal an earlier (1998) set of regulations and preserve certain existing waivers and pending claims (Part 7, regs 31–32).\n\nWho is affected\n\n- The Tribunal (the international court) and its property and archives.\n- Members of the Tribunal (elected or appointed for a case) and their household family members (reg 3 defines family member for these purposes).\n- Tribunal officials including the Registrar and Registry staff.\n- Agents, counsel and advocates representing parties, experts and witnesses while they are on Tribunal business.\n- The Australian Government (through tax and customs concessions and the reimbursement mechanism) and Australian agencies charged with administering claims (ATO, DFAT) and supervising any required repayment/security arrangements.\n\nWhy it matters (the official purpose and the trade-offs)\n\n- Official purpose (stated or implied): to implement Australia’s obligations under the UN Convention on the Law of the Sea and the International Organisations (Privileges and Immunities) Act 1963 by making the Tribunal functional and secure while in Australia (see regs 7–16 and references to the Convention and Statute in reg 3).\n\n- Costs and incentives: the concessions (tax exemptions, customs relief, and reimbursement of indirect tax) reduce direct fiscal revenue and customs duties for the Commonwealth while concentrating financial and legal protections on the Tribunal and persons acting on its behalf (regs 14–16, Part 5). The indirect-tax concession scheme creates a reimbursement liability administered by the Commissioner of Taxation (note to reg 25).\n\n- Compliance and administrative burden: persons claiming reimbursements must follow documentary and signature rules (reg 27), may be required to sign written repayment agreements and provide security where the Minister considers it necessary (reg 26(1)(a)–(b)), and the Tribunal must notify the Minister or certain Australian diplomatic posts about classes of officials entitled to privileges (reg 21(4)). These introduce paperwork and discretionary supervision.\n\n- Discretion and implementation risk: the Regulations give the Tribunal and some Australian officials a degree of administrative discretion (waiver powers in reg 29; Minister can delegate parts of repayment oversight to SES employees in reg 30). Discretion means administrative choices will affect how the statutory privileges operate in practice.\n\n- Effects on private actors and markets: suppliers to the Tribunal make sales that may be relieved of indirect tax or customs duties; however, disposal rules (eg. imported goods sold or otherwise disposed of within 2 years, reg 15(2) and reg 26) limit the permanent domestic market effect. The motor-vehicle rules (reg 25(2)) restrict repeated concessions for vehicles, reducing the risk of repeated benefit on a short-term basis.\n\nConcrete behavioural effects (who pays, who decides, and what changes)\n\n- The Commonwealth bears the financial cost of tax and customs concessions and of any reimbursements paid under section 11C (Part 5, note to reg 25 and regs 26–28). The Commissioner of Taxation handles reimbursements; DFAT processes motor-vehicle claims (reg 27(1)(c)).\n- The Tribunal (or its Registrar) and individual members decide to claim concessions and must comply with the documentary and repayment conditions (regs 25–28).\n- The Minister (or a delegated SES employee) decides on repayment requirements and can impose security if a person previously breached an agreement (reg 26(1)(b) and reg 30).\n\nSelected references to the text: reg 3 (definitions and which instruments are in scope), regs 7–16 (Tribunal rights and immunities), regs 17–24 (privileges for members, officials, agents, experts and witnesses), Part 5 (regs 25–28) for the indirect tax scheme, regs 29–30 (waiver and delegation), regs 31–32 (repeal and transitional provisions).\n\nLimitations of this summary\n\n- This note describes the legal mechanics in the Regulations and identifies likely administrative and fiscal trade-offs. It does not evaluate policy merits or historical negotiations. It treats statements about purpose in the Regulations as stated aims and tests them against observable mechanisms (tax cost, administrative discretion, compliance rules) rather than assessing broader political or moral considerations."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of implementing Australia's obligations under the UN Convention on the Law of the Sea regarding the International Tribunal for the Law of the Sea. The 2000 version is a replacement of the 1998 regulations with updated provisions (particularly regarding indirect tax concessions and family member definitions), but does not expand beyond the core function of establishing privileges and immunities for the Tribunal and associated persons."},"complexity_factors":["Multiple categories of beneficiaries with different privilege levels (Tribunal itself, members, Registrar, officials, agents/counsel, experts, witnesses)","Extensive cross-referencing to the International Organisations (Privileges and Immunities) Act 1963 and the Foreign States Immunities Act 1985","Nested conditional logic in Part 5 regarding indirect tax concessions, particularly the 3-year/2-year disposal restrictions and 'exceptional circumstances' exceptions for motor vehicles","Complex family member definitions including age limits (21 or 25 if studying) and disability provisions","Waiver provisions that distinguish between who can waive what (Tribunal vs. State parties vs. Registrar with Presidential approval)","Transitional provisions preserving waivers and claims from the repealed 1998 regulations"],"plain_english_summary":"This legislation grants special legal protections (privileges and immunities) to the International Tribunal for the Law of the Sea (ITLOS) and people associated with it when they are in Australia. ITLOS is a United Nations body based in Hamburg, Germany, that settles disputes about maritime law.\n\n**What it does:**\n\n*   **Protects the Tribunal itself:** The Tribunal gets legal personality (meaning it can sue and be sued like a company), its premises and archives cannot be entered or seized, it cannot be sued in Australian courts, and it is exempt from taxes, customs duties, and currency controls.\n*   **Protects Tribunal members (judges):** When judges are in Australia on official business, they get diplomatic-level protections including immunity from arrest, immunity from being sued for their official actions, and tax exemptions on their Tribunal salary.\n*   **Protects staff and other participants:** Officials, lawyers, expert witnesses, and ordinary witnesses appearing before the Tribunal also get various protections while in Australia for Tribunal business, including immunity from arrest and legal process related to their official duties.\n*   **Tax concessions:** The Tribunal and its members can claim refunds for GST and other indirect taxes on official purchases over $200, subject to conditions (for example, if they sell a car bought under this scheme within 3 years, they must repay part of the tax concession).\n\n**Key limitations:**\n\n*   **No immunity for traffic offences:** Nobody gets immunity for car accidents or traffic violations.\n*   **Australians get less protection:** Australian citizens and permanent residents who work for the Tribunal only get limited protections—mainly tax exemptions on their Tribunal income and immunity for official acts, but not full diplomatic immunity.\n*   **Quarantine still applies:** These protections don't override Australia's quarantine or import/export laws.\n\n**Why it matters:**\n\nThis ensures Australia meets its international obligations under the UN Convention on the Law of the Sea. Without these protections, Tribunal members and participants could be harassed through lawsuits or arrested while in Australia, which would interfere with the administration of international justice."},"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-tribunal-for-the-law-of-the-sea-privileges-and-immunities-regulations-2000","history":"/api/acts/international-tribunal-for-the-law-of-the-sea-privileges-and-immunities-regulations-2000/history","analysis":"/api/acts/international-tribunal-for-the-law-of-the-sea-privileges-and-immunities-regulations-2000/analysis","conflicts":"/api/acts/international-tribunal-for-the-law-of-the-sea-privileges-and-immunities-regulations-2000/conflicts","importantCases":"/api/acts/international-tribunal-for-the-law-of-the-sea-privileges-and-immunities-regulations-2000/important-cases","documents":"/api/acts/international-tribunal-for-the-law-of-the-sea-privileges-and-immunities-regulations-2000/documents"}}