{"id":"F1997B02224","name":"Tuvalu Trust Fund (Privileges and Immunities) Regulations","slug":"tuvalu-trust-fund-privileges-and-immunities-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"241 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29511,"registerId":"commonwealth-F1997B02224-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tuvalu Trust Fund (Privileges and Immunities) Regulations","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nStatutory Rules 1987 No. 2411\n\nTuvalu Trust Fund (Privileges and\n\nImmunities) Regulations\n\nI, THE ADMINSTRATOR of the Government 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 16 October 1987.\n\nJ. A. ROWLAND\n\nAdministrator\n\nBy His Excellency's Command,\n\nBill Hayden\n\nMinister of State for Foreign Affairs and Trade\n\nCitation\n\n1. These Regulations may be cited as the Tuvalu Trust Fund (Privileges and Immunities) Regulations.\n\nCommencement\n\n2. These Regulations shall be deemed to have come into operation on 1 July 1987.\n\nInterpretation\n\n3. In these Regulations, unless the contrary intention appears:\n\n“Fund” means the Tuvalu Trust Fund;\n\n“the Act” means the International Organizations (Privileges and Immunities) Act 1963.\n\n(SR. 224/87)—Cat. No. 15/25.8.1987\n\n  \n\nAct to apply to the Fund\n\n4. The Fund is declared to be an international organization to which the Act applies.\n\nFund to have juridical personality and legal capacities\n\n5. The Fund:\n\n(a) is a body corporate with perpetual succession;\n\n(b) has the capacity to contract; and\n\n(c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of instituting legal proceedings.\n\nPrivileges and immunities of the Fund\n\n6. (1) Subject to subregulation (2), the Fund has the privileges and immunities specified in paragraphs 5 and 7 of the First Schedule to the Act.\n\n(2) The exemption from taxation conferred by subregulation (1) is an exemption from direct taxation only and is not an exemption of the Fund from the liability to collect taxes nor an exemption of the transactions of the Fund from taxes.\n\nNOTE\n\n1\\. Notified in the Commonwealth of Australia Gazette on 23 October 1987.\n\nPrinted by Authority by the Commonwealth Government Printer","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the legal status and privileges of the Tuvalu Trust Fund. It has not expanded beyond this narrow, specific objective."},"complexity_factors":["Very short — only 6 regulations","Only 2 defined terms ('Fund' and 'the Act')","No cross-references beyond a single reference to the International Organizations (Privileges and Immunities) Act 1963","Simple structure: citation, commencement, interpretation, then 3 substantive provisions","Only one conditional clause (subregulation 6(2) limiting the tax exemption)","No nested exceptions or complex logical structures"],"plain_english_summary":"This legislation gives special legal status to the Tuvalu Trust Fund, which is a financial fund set up to help the Pacific island nation of Tuvalu. Here's what it does:\n\n**What it does:**\n- Declares the Tuvalu Trust Fund to be an \"international organization\" under Australian law, which means it gets special legal protections\n- Gives the Fund its own legal identity — it can own property, sign contracts, and sue or be sued in court (just like a company)\n- Grants the Fund tax exemptions on direct taxes (like income tax), but **not** on indirect taxes or obligations to collect tax from others\n\n**Who it affects:**\n- The Tuvalu Trust Fund itself\n- The government of Tuvalu (which benefits from the Fund's protected status)\n- Australian tax authorities (who must respect the limited tax exemptions)\n\n**Why it matters:**\nTuvalu is a small island nation vulnerable to climate change. This fund helps secure its financial future. These regulations ensure the Fund can operate in Australia (where it's managed) without being burdened by taxes or legal restrictions that would apply to ordinary businesses. The limited nature of the tax exemption (direct taxes only) shows Australia wanted to help Tuvalu while still ensuring the Fund participates in the tax system where appropriate."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These Regulations extend the coverage of the International Organizations (Privileges and Immunities) Act 1963 to include the Tuvalu Trust Fund (s4) and thereby alter the Fund’s legal status and tax treatment by granting it the Act’s specified privileges and immunities (s6(1)) while limiting tax exemption to direct taxes (s6(2)). The Act’s terms are not amended, but its application is broadened to encompass the Fund."},"complexity_factors":["Delegated application of an external statute: the Regulations rely on the International Organizations (Privileges and Immunities) Act 1963 for the substantive list of privileges and immunities rather than restating them (s4, s6(1)).","Cross-reference to the Act’s First Schedule: precise rights and limits require consulting paragraphs 5 and 7 of the First Schedule to the Act (s6(1)).","Narrow tax carve‑out: the exemption is expressly limited to direct taxation and does not exempt the Fund from duties to collect taxes or its transactions from other taxes (s6(2)), which creates interpretation and compliance questions for tax authorities and the Fund.","Grants of corporate capacity: the Regulations confer perpetual succession, contracting capacity, property rights and standing to sue/be sued, which have practical effects across contract, property and litigation (s5).","Retroactive commencement: the Regulations are deemed to have commenced on 1 July 1987, which can affect past legal acts and fiscal treatment (s2).","Simplicity of instrument masks operational detail: short text but implementation depends on administrative decisions and interactions between the Fund, tax authorities and third parties."],"plain_english_summary":"These Regulations place the Tuvalu Trust Fund under the International Organizations (Privileges and Immunities) Act 1963, giving the Fund corporate legal personality, capacity to contract and to hold property, and the privileges and immunities specified in the Act. The Australian Government (through the Administrator) decides this coverage; the Fund receives a limited exemption from direct taxation and its legal and tax interactions with Australian authorities and private counterparties are changed as a result."},"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/tuvalu-trust-fund-privileges-and-immunities-regulations","history":"/api/acts/tuvalu-trust-fund-privileges-and-immunities-regulations/history","analysis":"/api/acts/tuvalu-trust-fund-privileges-and-immunities-regulations/analysis","conflicts":"/api/acts/tuvalu-trust-fund-privileges-and-immunities-regulations/conflicts","importantCases":"/api/acts/tuvalu-trust-fund-privileges-and-immunities-regulations/important-cases","documents":"/api/acts/tuvalu-trust-fund-privileges-and-immunities-regulations/documents"}}