{"id":"F1998B00126","name":"Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998","slug":"joint-accreditation-system-of-australia-and-new-zealand-privileges-and-immunities-regulations-1998","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"136 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29773,"registerId":"commonwealth-F1998B00126-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998","content":"![](image.001.png)\n\nStatutory Rules 1998 No. 1361\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nJoint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998\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 18 June 1998.\n\nWILLIAM DEANE  \nGovernor-General\n\nBy His Excellency’s Command,\n\nTIM FISCHER\n\nMinister for Trade\n\nfor the\n\nMinister for Foreign Affairs\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nName of Regulations\n\n1. These Regulations are the Joint Accreditation System  \nof Australia and New Zealand (Privileges and Immunities) Regulations 1998.\n\nCommencement\n\n2. These Regulations take effect from the day specified in a written determination made by the Minister under subsection 13 (2) of the Act for the purposes of the commencement of these Regulations.\n\nDefinitions\n\n3. In these Regulations:\n\n> Act means the International Organisations (Privileges and Immunities) Act 1963.\n\n> JAS-ANZ means the Joint Accreditation System of Australia and New Zealand.\n\nAct to apply to JAS-ANZ\n\n4. The JAS-ANZ is declared to be an international organisation to which the Act applies.\n\nJAS-ANZ has legal personality and capacity\n\n5. The JAS-ANZ:\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\nRepeal\n\n6. Statutory Rules 1996 No. 35 are repealed.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n> Note: NOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 25 June 1998.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations implement a narrow, targeted purpose: to declare JAS-ANZ an international organisation under the International Organisations (Privileges and Immunities) Act 1963 and to afford it basic corporate capacities (Regs 4–5). Repeal of the 1996 instrument (Reg 6) appears to replace or update prior treatment rather than expand the instrument’s substantive scope. The regulations do not add new kinds of privileges or immunities themselves; they operate by reference to the existing Act, so they have not grown significantly beyond that original, limited purpose."},"complexity_factors":["Very short instrument (6 substantive regulations plus title and notes)","Only 2 defined terms in the interpretation section (Regulation 3: 'Act' and 'JAS-ANZ')","One external cross-reference: commencement depends on Ministerial determination under subsection 13(2) of the International Organisations (Privileges and Immunities) Act 1963 (Regulation 2)","Substantive effect is a single declaration plus a limited corporate-capacity clause (Regulations 4–5)","One repeal of an earlier statutory rule (Regulation 6)","No nested exceptions or complex conditional logic in the regulations themselves"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Declares the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) to be an \"international organisation\" to which the International Organisations (Privileges and Immunities) Act 1963 (the Act) applies (Regulation 4).\n- Gives JAS-ANZ corporate legal personality and basic corporate capacities: perpetual succession; ability in its corporate name to enter contracts, acquire/hold/dispose of real and personal property, and to sue and be sued (Regulation 5).\n- Specifies that the regulations commence on a day chosen in writing by the Minister under subsection 13(2) of the Act (Regulation 2).\n- Repeals an earlier instrument (Statutory Rules 1996 No. 35) that previously dealt with JAS-ANZ under the Act (Regulation 6). Definitions of terms used are brief: \"Act\" and \"JAS-ANZ\" (Regulation 3). The instrument is titled in Regulation 1.\n\n**Who is affected**\n\n- JAS-ANZ itself: it gains the legal form and the status of an \"international organisation\" under the Act (Regs 4–5).\n- Contracting parties, property holders, creditors, litigants and government agencies that interact with JAS-ANZ: their legal relationships with JAS-ANZ are governed by its corporate capacity and by whatever privileges and immunities flow from the Act.\n- Government revenue and enforcement agencies: if the Act confers fiscal or procedural exemptions (for example, tax or enforcement immunities), those agencies may see administrative or revenue effects — the regulations do not themselves specify which privileges or immunities apply; they rely on the Act.\n\n**Why it matters (purpose claims and how they operate)**\n\n- The instrument’s explicit effect is to place JAS-ANZ within the scope of the International Organisations (Privileges and Immunities) Act 1963 (Reg 4). By doing so, JAS-ANZ becomes eligible for the privileges and immunities that the Act provides to declared international organisations; the exact content and limits of those privileges are set by the Act, not by these regulations.\n\n- The corporate-capacity clauses (Reg 5) make JAS-ANZ a legal person that can contract, hold property and be a party to litigation in its own name. That clarifies who makes and is bound by agreements with JAS-ANZ and how assets and liabilities are held.\n\n**Costs, incentives and trade-offs (mechanisms, not judgement)**\n\n- Who decides: the Minister (by written determination under s13(2) of the Act) sets the commencement date (Reg 2). Policy discretion over commencement timing is retained in the executive.\n\n- Who pays / bears practical effects: if the Act confers exemptions (for example, tax or customs exemptions), those are economic effects that reduce receipts or change administrative burdens for relevant agencies; counterparties to JAS-ANZ contracts face the legal position that JAS-ANZ is a corporate counterparty and may have immunities affecting enforcement. The regulations themselves create no direct fee or tax change — they operate by importing the Act’s privileges and immunities.\n\n- Behavioural change: organisations and private parties contracting with JAS-ANZ will treat it as a corporate entity (able to hold property and be sued), but may need to assess whether any immunities under the Act restrict remedies or enforcement. Government agencies must apply any applicable privileges or immunities under the Act when dealing with JAS-ANZ.\n\n- Compliance burden and administration: the instrument is administratively light — it mainly signals legal status. Any compliance or administrative costs flow from the Act’s implementation (for example, processing claims of immunity, record-keeping, or tax/fee exemptions), not from the regulations themselves.\n\n- Implementation risk and discretion: the Minister’s control of commencement timing (Reg 2) is a point of executive discretion. The regulations rely heavily on the underlying Act for substantive detail; uncertainty about the Act’s scope could create case-by-case litigation to clarify particular immunities or limits.\n\n- Effects on private enterprise and competition: by giving JAS-ANZ corporate capacity (Reg 5), private firms can contract with it on the same basic legal footing as with other corporate bodies. Any competitive effects would arise if the Act’s privileges (for example, tax exemptions or procedural immunities) change JAS-ANZ’s operating costs relative to private firms; such effects depend on the Act’s provisions and how they are applied, not on these regulations directly.\n\n**Other practical points**\n\n- The regulations do not enumerate which specific privileges or immunities apply — they operate by declaring JAS-ANZ to be an organisation \"to which the Act applies\" (Reg 4). To know the exact legal privileges, one must read the Act itself.\n\n- The instrument replaces an earlier statutory rule (Statutory Rules 1996 No. 35) (Reg 6), so it consolidates or updates the legal treatment of JAS-ANZ under the Act.\n\n(Primary provisions cited: Regulations 1–6.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow purpose. It was always intended to simply confer legal personality and international organisation status on JAS-ANZ, and it continues to do exactly that without expansion into broader regulatory areas."},"complexity_factors":["Extremely short — only 6 operative provisions plus definitions","Only 2 defined terms ('Act' and 'JAS-ANZ')","No cross-references beyond the enabling Act (International Organisations (Privileges and Immunities) Act 1963)","No conditional logic, exceptions, or nested provisions","Straightforward declaratory structure (simply states 'X is declared to be Y' and 'X has capacity Z')","Single purpose instrument with no subordinate provisions or schedules"],"plain_english_summary":"This legislation gives special legal status to JAS-ANZ (the Joint Accreditation System of Australia and New Zealand), which is the body that accredits certification and inspection bodies across Australia and New Zealand.\n\n**What it does:**\n- Declares JAS-ANZ to be an \"international organisation\" under Australian law\n- Grants JAS-ANZ **legal personality** — meaning it can act like a legal person (enter contracts, own property, sue or be sued in court)\n- Gives JAS-ANZ **perpetual succession** — meaning it continues to exist even if staff or leadership changes\n\n**Who it affects:**\n- JAS-ANZ itself — gains corporate status and legal protections\n- Businesses and consumers who rely on JAS-ANZ accreditation (for things like product safety certifications, quality management systems, etc.)\n- The Australian and New Zealand governments — who jointly established this body\n\n**Why it matters:**\nWithout this legal status, JAS-ANZ couldn't independently own property, sign contracts, or take legal action. This regulation ensures the accreditation body can operate effectively as an independent entity, even though it's a joint Australia-New Zealand body rather than a traditional company or government department.\n\nThe regulation also repeals an earlier 1996 version of these rules."},"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/joint-accreditation-system-of-australia-and-new-zealand-privileges-and-immunities-regulations-1998","history":"/api/acts/joint-accreditation-system-of-australia-and-new-zealand-privileges-and-immunities-regulations-1998/history","analysis":"/api/acts/joint-accreditation-system-of-australia-and-new-zealand-privileges-and-immunities-regulations-1998/analysis","conflicts":"/api/acts/joint-accreditation-system-of-australia-and-new-zealand-privileges-and-immunities-regulations-1998/conflicts","importantCases":"/api/acts/joint-accreditation-system-of-australia-and-new-zealand-privileges-and-immunities-regulations-1998/important-cases","documents":"/api/acts/joint-accreditation-system-of-australia-and-new-zealand-privileges-and-immunities-regulations-1998/documents"}}