{"id":"F1996B02416","name":"Preparatory Commission for the Organization on the Prohibition of Chemical Weapons (Privileges and Immunities) Regulations","slug":"preparatory-commission-for-the-organization-on-the-prohibition-of-chemical-weapons-privileges-and-im","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"108 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29234,"registerId":"commonwealth-F1996B02416-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Preparatory Commission for the Organization on the Prohibition of Chemical Weapons (Privileges and Immunities) Regulations","content":"Statutory Rules 1993 No. 1081\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nPreparatory Commission for the Organization on the Prohibition of Chemical Weapons (Privileges and Immunities) Regulations\n\nI, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Organizations (Privileges and Immunities) Act 1963.\n\nDated 27 May 1993.\n\nBILL HAYDEN\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nGARETH EVANS\n\nMinister for Foreign Affairs\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n  \nCitation\n\n1. These Regulations may be cited as the Preparatory Commission for the Organization on the Prohibition of Chemical Weapons (Privileges and Immunities) Regulations.\n\n> Note: \\[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.\\]\n\nInterpretation\n\n2. (1) In these Regulations, unless the contrary intention appears:\n\n“Commission” means the Preparatory Commission for the Organization on the Prohibition of Chemical Weapons provided for in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction made at Paris on 13 to 15 January 1993;\n\n“the Act” means the International Organizations (Privileges and Immunities) Act 1963.\n\nAct applies to the Commission\n\n3. The Commission is declared to be an international organisation to which the Act applies.\n\nCommission to have juridical personality and legal capacity\n\n4. The Commission:\n\n(a) is a body corporate; and\n\n(b) may sue and, subject to regulation 5, be sued in its corporate name; and\n\n(c) has the capacity, in its corporate name:\n\n(i) to contract; and\n\n(ii) to acquire, hold and dispose of real and personal property.\n\nPrivileges and immunities of the Commission\n\n5. The Commission has the privileges and immunities set out in paragraphs 1, 2, 3, 6, 9 and 12 of the First Schedule to the Act.\n\nPrivileges and immunities of the officers and former officers of the Commission\n\n6. (1) Subject to subregulation (3), a person who holds an office in the Commission has the privileges and immunities set out in paragraphs 1, 2, 3 and 6 of Part I of the Fourth Schedule to the Act.\n\n(2) A person who has ceased to hold an office in the Commission has the privileges and immunities set out in Part II of the Fourth Schedule to the Act.\n\n(3) A person who is a resident of Australia within the meaning of the Income Tax Assessment Act 1936 is exempt from taxation on salary and emoluments received from the Commission for services performed in Australia only if he or she:\n\n(a) is not an Australian citizen; and\n\n(b) at the time of performing the services was in Australia solely for the purpose of performing services for the Commission.\n\nImmunity or privilege may be waived\n\n7. The Commission may waive a privilege or immunity conferred by, or referred to in, these Regulations.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 3 June 1993.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations do not expand or narrow the International Organizations (Privileges and Immunities) Act 1963; they apply that Act to the specified Preparatory Commission and specify which corporate capacities and schedule‑based privileges and immunities attach to the Commission and its officers, set a limited tax exemption condition, and permit waiver (regs 3–7)."},"complexity_factors":["Cross‑references to the International Organizations (Privileges and Immunities) Act 1963 — the exact privileges and immunities are set out in the First and Fourth Schedules of that Act, so determining rights requires consulting those external provisions (regs 5–6).","Tax residency dependency — the limited tax exemption for officers depends on the Income Tax Assessment Act 1936 definition of 'resident of Australia', creating interpretive links to tax law (reg 6(3)).","Legal effect across regimes — granting juridical personality, capacity to sue, contract and hold property interacts with Australian corporate, property and civil procedure law (reg 4).","Administrative discretion — the Commission may waive privileges or immunities, which requires an internal decision‑making process and creates potential for case‑by‑case variation (reg 7).","Terminology and scope questions — terms such as 'holds an office' are not defined in the Regulations, so identifying covered persons may require reference to the Commission’s own instruments or the Act (regs 2, 6).","Immediate commencement on gazettal — the note on commencement means effects are operational from gazettal, affecting timing for affected parties."],"plain_english_summary":"These Regulations declare the Preparatory Commission for the Organization on the Prohibition of Chemical Weapons to be an international organisation under the International Organizations (Privileges and Immunities) Act 1963 and give it corporate legal personality and the capacity to contract, hold property and sue. They also grant specified privileges and immunities to the Commission and to its officers, set a limited tax exemption condition for residents performing Commission work in Australia, and allow the Commission to waive privileges."},"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":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: implementing Australia's obligations under the Chemical Weapons Convention to grant privileges and immunities to the Preparatory Commission. There is no scope creep — the regulations do exactly what their title suggests and nothing more."},"complexity_factors":["Only 2 defined terms in the interpretation section ('Commission' and 'the Act')","No nested exceptions or conditional logic beyond a single qualification in regulation 6(3)","Short length — 7 regulations total, approximately 1 page","Simple cross-referencing structure — refers to specific paragraphs in schedules of the parent Act rather than reproducing them","Straightforward declaratory style — most provisions simply state that X has Y status or Z privileges"],"plain_english_summary":"This legislation gives special legal protections to an international body called the Preparatory Commission for the Organization on the Prohibition of Chemical Weapons (the Commission), which was set up to prepare for a global ban on chemical weapons.\n\n**What it does:**\n- **Declares the Commission an \"international organisation\"** under Australian law, which triggers a separate law (the International Organizations (Privileges and Immunities) Act 1963) that grants special legal status to international bodies operating in Australia.\n- **Gives the Commission legal personality** — meaning it can act like a legal person: sign contracts, own property, and sue (or be sued) in court.\n- **Grants legal immunities** — the Commission and its staff get protections from certain Australian laws, including immunity from legal proceedings and tax exemptions, similar to what diplomats receive.\n- **Limits tax breaks for Australians** — Australian citizens and residents don't get tax exemptions on their Commission salaries unless they were in Australia solely for Commission work and aren't Australian citizens.\n- **Allows waivers** — the Commission can choose to give up these protections if it wants to.\n\n**Who it affects:**\n- The Commission itself (its headquarters were in The Hague, but it had activities in Australia)\n- International staff working for the Commission while in Australia\n- Australian courts and tax authorities, who must respect these immunities\n\n**Why it matters:**\nAustralia was preparing to ratify the Chemical Weapons Convention — a treaty banning chemical weapons globally. This law ensures Australia meets its international obligations to host and cooperate with the Commission by giving it the legal protections necessary to function independently, while preventing abuse of tax exemptions by Australians who might otherwise use international jobs to avoid tax."}},"importantCases":[],"_links":{"self":"/api/acts/preparatory-commission-for-the-organization-on-the-prohibition-of-chemical-weapons-privileges-and-im","history":"/api/acts/preparatory-commission-for-the-organization-on-the-prohibition-of-chemical-weapons-privileges-and-im/history","analysis":"/api/acts/preparatory-commission-for-the-organization-on-the-prohibition-of-chemical-weapons-privileges-and-im/analysis","conflicts":"/api/acts/preparatory-commission-for-the-organization-on-the-prohibition-of-chemical-weapons-privileges-and-im/conflicts","importantCases":"/api/acts/preparatory-commission-for-the-organization-on-the-prohibition-of-chemical-weapons-privileges-and-im/important-cases","documents":"/api/acts/preparatory-commission-for-the-organization-on-the-prohibition-of-chemical-weapons-privileges-and-im/documents"}}