{"id":"F1997B02187","name":"South Pacific Forum Fisheries Agency (Privileges and Immunities) Regulations","slug":"south-pacific-forum-fisheries-agency-privileges-and-immunities-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"476 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29493,"registerId":"commonwealth-F1997B02187-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Pacific Forum Fisheries Agency (Privileges and Immunities) Regulations","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nStatutory Rules 1984 No. 4761\n\nSouth Pacific Forum Fisheries Agency\n\n(Privileges and Immunities) Regulations\n\nI, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the International Organizations (Privileges and Immunities) Act 1963.\n\nDated 21 December 1984.\n\nN. M. STEPHEN\n\nGovernor-General\n\nBy His Excellency’s Command,\n\n(Sgd) Bill Hayden\n\nMinister of State for Foreign Affairs\n\nCitation\n\n1. These Regulations may be cited as the South Pacific Forum Fisheries Agency (Privileges and Immunities) Regulations.\n\nInterpretation\n\n2. In these Regulations, unless the contrary intention appears—\n\n“the Act” means the International Organizations (Privileges and Immunities) Act 1963;\n\n“the Agency” means the South Pacific Forum Fisheries Agency.\n\nAct to apply to Agency\n\n3. The Agency is declared to be an international organization to which the Act applies.\n\nS.R. 250/84 Cat. No. —Recommended retail price 20c 12/30.8.1984\n\n  \n\nPrivileges and immunities of officers of Agency\n\n4. (1) Subject to sub-regulation (2), a person who holds an office in the Agency has the privileges and immunities specified in paragraph 2 of Part I of the Fourth Schedule to the Act.\n\n(2) The salary and emoluments received from the Agency by a person who holds an office in the Agency, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936, are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person is not an Australian citizen and came to Australia solely for the purpose of performing the duties of the office in the Agency held by him.\n\nNOTE\n\n1\\. Notified in the Commonwealth of Australia Gazette on 11 January 1985.\n\nPrinted by Authority by the Commonwealth Government Printer","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These Regulations expand the practical reach of the International Organizations (Privileges and Immunities) Act 1963 by declaring the South Pacific Forum Fisheries Agency to be an international organization covered by the Act (regulation 3) and by granting its officers the privileges in paragraph 2, Part I of the Act’s Fourth Schedule (regulation 4(1)). Regulation 4(2) narrows the tax exemption for officers who are Australian residents by referencing the Income Tax Assessment Act 1936 and an exception for non‑citizens who came solely to perform Agency duties."},"complexity_factors":["Direct cross-reference to external statute and schedule (International Organizations (Privileges and Immunities) Act 1963, Fourth Schedule) requires reading across instruments to know specific immunities.","Interaction with tax law: the tax exemption carve‑out depends on \"resident of Australia\" as defined in the Income Tax Assessment Act 1936, introducing statutory interpretation and factual residency inquiries.","Conditional exception hinges on citizenship status and the factual question whether a non‑citizen \"came to Australia solely for the purpose\" of performing duties, creating case‑by‑case administrative determinations.","Overall text is short and mechanically simple (declaration + limited tax exception), so legislative complexity is low despite the need to consult external definitions and schedules."],"plain_english_summary":"These Regulations declare the South Pacific Forum Fisheries Agency to be an \"international organization\" under the International Organizations (Privileges and Immunities) Act 1963, so the Act’s immunities apply to the Agency’s officers. Officers receive the privileges listed in the Act’s Fourth Schedule, but a limited tax rule says salary/emoluments for services performed in Australia are not tax-exempt for Australian residents unless the person is a non‑citizen who came to Australia solely to do that job. This affects Agency staff, tax administrators, and employers."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: conferring privileges and immunities on a specific international fisheries agency. The scope has not expanded beyond this narrow, technical function."},"complexity_factors":["Only 4 operative provisions (regulations)","Minimal defined terms (just 2: 'the Act' and 'the Agency')","Single cross-reference to the International Organizations (Privileges and Immunities) Act 1963 and its Fourth Schedule","One conditional limitation in regulation 4(2) regarding tax exemption eligibility","No nested exceptions or complex conditional logic","Total length is approximately 250 words of substantive text"],"plain_english_summary":"This is a short piece of Australian law from 1984 that gives special legal protections (called 'privileges and immunities') to the South Pacific Forum Fisheries Agency and its staff.\n\n**What it does:**\n- Declares the South Pacific Forum Fisheries Agency to be an 'international organization' under Australian law\n- This means the Agency gets legal protections under the International Organizations (Privileges and Immunities) Act 1963\n- Staff of the Agency get certain privileges and immunities (like diplomatic protections) while doing their job\n\n**The tax catch:**\nThere's an important exception about taxes. If an Agency officer lives in Australia and is an Australian citizen, they **must pay income tax** on their salary, even for work done in Australia. Only non-citizens who came to Australia specifically to work for the Agency get tax exemptions on their Australian-earned income.\n\n**Who it affects:**\n- The South Pacific Forum Fisheries Agency (a regional fisheries management body)\n- Staff working for the Agency in Australia\n- The Australian Tax Office (which collects taxes from most Agency staff)\n\n**Why it matters:**\nThis law balances two things: giving the Agency the legal protections it needs to operate effectively, while making sure Australian citizens working for it don't get a tax advantage over other Australians doing similar work."}},"importantCases":[],"_links":{"self":"/api/acts/south-pacific-forum-fisheries-agency-privileges-and-immunities-regulations","history":"/api/acts/south-pacific-forum-fisheries-agency-privileges-and-immunities-regulations/history","analysis":"/api/acts/south-pacific-forum-fisheries-agency-privileges-and-immunities-regulations/analysis","conflicts":"/api/acts/south-pacific-forum-fisheries-agency-privileges-and-immunities-regulations/conflicts","importantCases":"/api/acts/south-pacific-forum-fisheries-agency-privileges-and-immunities-regulations/important-cases","documents":"/api/acts/south-pacific-forum-fisheries-agency-privileges-and-immunities-regulations/documents"}}