7Vienna Convention on Diplomatic Relations to have force of law

#### 7 Vienna Convention on Diplomatic Relations to have force of law (1) Subject to this section, the provisions of Articles 1, 22 to 24 (inclusive) and 27 to 40 (inclusive) of the Convention have the force of law in Australia and in every external Territory. (2) For the purposes of those provisions as so having the force of law: (a) a reference in those provisions to the receiving State shall be read as a reference to Australia and, where the context so permits, as including a reference to every State of the Commonwealth and every Territory; (b) a reference in those provisions to a national of the receiving State shall be read as a reference to an Australian citizen; (c) the reference in paragraph 1 of Article 22 to agents of the receiving State shall be read as including a reference to members and special members of the Australian Federal Police, members of the police force of a State or of a Territory and persons exercising a power of entry to premises; (d) a waiver by the head of the mission of an overseas country, or by a person for the time being performing the functions of the head of the mission of an overseas country, shall be deemed to be a waiver by that overseas country; (e) the provisions of Articles 35, 36 and 40 shall be treated as granting the privileges or immunities that those Articles require to be granted; (f) the reference in paragraph 1 of Article 36 to such laws and regulations as the receiving State may adopt shall be read as including a reference to subsection (3), to section 8 and to any regulations made under this Act for the purposes of that paragraph as having the force of law by virtue of this section; (g) the references in paragraph 4 of Article 37 and paragraph 2 of Article 38 to the extent to which privileges and immunities are admitted by the receiving State shall be read as references to the extent to which privileges and immunities are granted by section 11; and (h) the reference in paragraph 1 of Article 39 to the Ministry for Foreign Affairs or such other ministry as may be agreed shall be read as a reference to the Department administered by the Minister administering this Act. (3) Nothing in subsection (1) affects the application of any law of the Commonwealth or of a Territory relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, Australia or that Territory, as the case may be, of any animals, plants or goods, but this subsection does not prejudice the immunity from suit or from civil or criminal process that a person has by virtue of subsection (1). (4) The provisions of the Convention, in so far as they provide for the exemption from tax of any income, apply, for the purposes of the application of the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997, to assessments in respect of income of the year of income that commenced on 1 July 1967, and in respect of income of all subsequent years of income. (5) For the purposes of section 38 of the Judiciary Act 1903, a matter arising under the Convention as having the force of law by virtue of this section shall be deemed not to be a matter arising directly under a treaty.