International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations 1997
1International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations 1997
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International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations 1997
Statutory Rules 1997 No. 331 as amended
made under the
International Organisations (Privileges and Immunities) Act 1963
This compilation was prepared on 9 August 2000
taking into account amendments up to SR 2000 No. 201
Prepared by the Office of Legislative Drafting
Attorney-General’s Department, Canberra
Commonwealth Coat of Arms
International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations 1997
Statutory Rules 1997 No. 331 as amended
made under the
International Organisations (Privileges and Immunities) Act 1963
Contents
Page
1 Name of Regulations [see Note 1]
2 Definitions
3 Act to apply to the Institute
4 Institute has legal personality and capacity
5 Privileges and immunities of the Institute
6 Privileges and immunities of Secretary-General
7 Privileges and immunities of representatives attending meetings convened by the Institute
8 Privileges and immunities of officers of the Institute
9 Privileges and immunities of experts working with the Institute
9A Indirect tax concession scheme — acquisitions
9B Indirect tax concession scheme — conditions
9C Indirect tax concession scheme — claims for payment
9D Indirect tax concession scheme — manner of payment
10 Waiver of privileges and immunities
11 Privileges and immunities subject to quarantine laws etc
11A Delegation
12 Repeal of International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations
Notes
1 Name of Regulations [see Note 1]
These Regulations are the International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations 1997.
2 Definitions
In these Regulations, unless the contrary intention appears:
Act means the International Organisations (Privileges and Immunities) Act 1963.
Agreement means the Agreement establishing the International Institute for Democracy and Electoral Assistance done at Stockholm on 27 February 1995.
Section 1 - International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations 1997 - International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations 1997 | Zoe
expert means a person performing short term or temporary missions for or on behalf of the Institute.
Institute means the International Institute for Democracy and Electoral Assistance established under Article I of the Agreement.
member of the family or family member, in relation to a person (the first person), means a person who is:
(a) a part of the first person’s household; and
(b) any of the following members of the first person’s family:
(i) the first person’s spouse;
(ii) an unmarried child who is under the age of 21 years;
(iii) an unmarried child who is under the age of 25 years and is undertaking full-time studies at an Australian educational institution;
(iv) an unmarried child who is incapable of self‑support because of a physical or mental disability.
Secretary-General means a person who holds, or is performing the duties of, the office of Secretary-General of the Institute.
serious offence means an offence under any law of the Commonwealth or a State or a Territory for which, if the act or omission had taken place in the Jervis Bay Territory, a person would be liable, on first conviction, to imprisonment for a period of not less than 5 years.
taxable supply has the meaning given by section 195-1 of the GST Act.
tax invoice has the meaning given by section 29-70 of the GST Act.
3 Act to apply to the Institute
The Institute is declared to be an international organisation to which the Act applies.
4 Institute has legal personality and capacity
The Institute:
(a) is a body corporate with perpetual succession; and
(b) is capable, in its corporate name:
(i) of entering into contracts; and
(ii) of acquiring, holding and disposing of real and personal property; and
(iii) of suing and being sued.
5 Privileges and immunities of the Institute
(1) Subject to subregulations (2) and (3), the Institute has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 11 and 12 of the First Schedule to the Act.
(2) The immunity from suit and from other legal process conferred on the Institute by subregulation (1) does not extend to immunity from a suit or other legal process for the recovery of damages for any damage, injury or death resulting from a motor vehicle accident or offence in which a motor vehicle owned by, or operated on behalf of, the Institute was involved.
(3) The Institute’s privileges in relation to indirect tax are limited to:
(a) the exemption conferred by section 11B of the Act; and
(b) concessions under section 11C of the Act in relation to acquisitions mentioned in subregulation 9A (1).
6 Privileges and immunities of Secretary-General
(1) The office of Secretary-General is a high office in the Institute for the purposes of subparagraph 6 (1) (b) (i) of the Act.
(2) Subject to subregulations (4) and (5), a person who holds, or is performing the duties of, the office of Secretary-General has the privileges and immunities specified in Part I of the Second Schedule to the Act.
(3) Subject to subregulation (5), a person who has ceased to hold, or perform the duties of, the office of Secretary-General has the immunities specified in Part II of the Second Schedule to the Act.
(4) The privileges and immunities conferred on a person under subregulation (2) do not apply to a child of the person if the child:
(a) has attained the age of 18 years; or
(b) ceases to be a dependant of the person.
(5) Subject to subregulation (6), the privileges and immunities conferred on a person by subregulation (2), or the immunities conferred on a person by subregulation (3), do not extend to a person who is an Australian citizen or a permanent resident of Australia.
(6) Subregulation (5) does not affect immunity from a suit or other legal process in relation to actions of a person undertaken in performing the duties of the office of Secretary-General.
7 Privileges and immunities of representatives attending meetings convened by the Institute
(1) Subject to subregulations (3), (4) and (5), a person who is accredited to, or attends, a meeting in Australia convened by the Institute as a representative of a country other than Australia, has the privileges and immunities specified in items 1, 2, 3, 5, 6 and 7 of Part I of the Third Schedule to the Act.
(2) Subject to subregulations (4) and (5), a person who has ceased to be accredited to, or who has attended, a meeting convened by the Institute in Australia as a representative of a country other than Australia, has the immunities specified in Part II of the Third Schedule to the Act.
(3) The immunities conferred on a person by subregulation (1) do not extend to immunity from personal arrest and detention if the person is found committing or attempting to commit, or has just committed, a serious offence.
(4) The immunities conferred on a person by subregulation (1) or (2) do not extend to immunity from a suit or other legal process for the recovery of damages for any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved.
(5) The immunities conferred on a person by subregulation (1) or (2) do not apply to a person who is an Australian citizen or a person permanently resident in Australia.
8 Privileges and immunities of officers of the Institute
(1) Subject to subregulations (2), (6) and (7), a person who holds an office in the Institute (other than the office of Secretary-General) has the privileges and immunities specified in paragraphs 1, 2 and 3 of Part I of the Fourth Schedule to the Act.
(2) The salary and emoluments received from the Institute for services performed in Australia for the Institute by a person:
(a) to whom subregulation (1) applies; and
(b) who is a resident of Australia, within the meaning of the Income Tax Assessment Act 1936;
are exempt from taxation only if:
(c) the person is not an Australian citizen or a person permanently resident in Australia; and
(d) the person came to Australia solely for the purpose of performing duties of the office in the Institute.
(3) A person to whom subregulation (1) applies and who is not:
(a) an Australian citizen; or
(b) a person permanently resident in Australia;
has, in addition to the privileges and immunities referred to in subregulation (1), the privileges and immunities specified in paragraphs 4, 5, and 6 of Part I of the Fourth Schedule to the Act.
(4) A person to whom subregulation (1) applies and who is:
(a) an Australian citizen; or
(b) a person permanently resident in Australia;
has, if the name of that person is included in a list that has been:
(c) drawn up by the Secretary-General; and
(d) approved by the Minister by instrument in writing;
the privilege specified in paragraph 4 of Part I of the Fourth Schedule to the Act.
(5) Subject to subregulation (6), a person who has ceased to hold an office in the Institute has the immunities specified in Part II of the Fourth Schedule to the Act.
(6) The immunities conferred on a person by subregulation (1) or (5) do not extend to immunity from a suit or other legal process:
(a) for the recovery of damages for any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or
(b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, with respect to motor traffic, motor vehicles or the use of a motor vehicle.
(7) The privilege specified in paragraph 3 of Part I of the Fourth Schedule to the Act and conferred under subregulation (1) does not apply to a child of the person if the child:
(a) has attained the age of 18 years; or
(b) ceases to be a dependant of the person.
9 Privileges and immunities of experts working with the Institute
(1) An expert, not being a person to whom subregulation 7 (1) or 8 (1) applies, has the privileges and immunities specified in paragraphs 2, 2A, 3 and 5 of Part I of the Fifth Schedule to the Act.
(2) Subject to subregulation (3), an expert who has served on a committee, or participated in the work, of the Institute or performed a mission on behalf of the Institute has the immunities specified in Part II of the Fifth Schedule to the Act.
(3) The immunities conferred on an expert by subregulation (1) or (2) do not extend to immunity from a suit or other legal process:
(a) for the recovery of damages for any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or
(b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle.
9A Indirect tax concession scheme — acquisitions
(1) For paragraph 11C (1) (a) of the Act, the following acquisitions by the Institute are covered by these Regulations:
(a) an acquisition of any of the following, on a single tax invoice for a taxable supply of at least $200 (including indirect tax):
(i) goods (by purchase or lease);
(ii) mail services;
(iii) telecommunications services;
(iv) electricity or gas services;
(v) protection of premises services;
(vi) removal of goods services;
(vii) freight and cartage other than removal of goods;
(viii) services directly relating to research and the application of research findings concerning democratic electoral processes, other than services relating to the ordinary operations of the Institute;
(b) an acquisition of goods that are freed from duties of excise by subregulation 5 (1);
(c) an acquisition of warehoused goods (within the meaning of the Customs Act 1901), the importation of which is covered by an immunity from taxation (including customs duties) conferred by these Regulations;
(d) an acquisition of any of the following, if the acquisition is subject to an arrangement between the Institute and the Commonwealth for reimbursement of indirect tax:
(i) construction or renovation services;
(ii) real property;
(iii) any other thing.
(2) However, an acquisition by the Institute is covered by these Regulations only if, at the time of the acquisition, it was intended for the official use of the Institute.
(3) For paragraph 11C (1) (a) of the Act, the following acquisitions by the Secretary-General are covered by these Regulations:
(a) an acquisition of any of the following, on a single tax invoice for a taxable supply of at least $200 (including indirect tax):
(i) goods (by purchase or lease);
(ii) removal of goods services;
(b) an acquisition of goods that are freed from duties of excise by subregulation 6 (2);
(c) an acquisition of warehoused goods (within the meaning of the Customs Act 1901), the importation of which is covered by an immunity from taxation (including customs duties) conferred by these Regulations.
(4) However:
(a) an acquisition by the Secretary-General is covered by these Regulations only if, at the time of the acquisition, it was intended for the personal use of the Secretary-General, or of a member of the family of the Secretary-General; and
(b) an acquisition of a motor vehicle for the personal use of the Secretary-General is covered by these Regulations only if:
(i) the vehicle was acquired in exceptional circumstances to replace a motor vehicle for which the Secretary-General received:
(A) a concession under section 11C of the Act; or
(B) an exemption from indirect tax under section 11B of the Act; or
(ii) within the previous 3 years, the Secretary-General has not received:
(A) a concession under section 11C of the Act for the acquisition of another motor vehicle; or
(B) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle; and
(c) an acquisition of a motor vehicle for the personal use of a member of the family of the Secretary-General is covered by these Regulations only if:
(i) the vehicle is acquired in exceptional circumstances to replace a motor vehicle for which the Secretary-General received:
(A) a concession under section 11C of the Act; or
(B) an exemption under section 11B of the Act; or
(ii) the family member is eligible to hold a driver’s licence that is valid in Australia and, within the previous 3 years, the Secretary-General has not received:
(A) a concession under section 11C of the Act for the acquisition of another motor vehicle for the personal use of a family member; or
(B) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle for the personal use of a family member.
(5) For paragraph 11C (1) (a) of the Act, the acquisition of a locally-manufactured motor vehicle by a person who holds an office in the Institute (other than the office of Secretary-General), for the personal use of the person or of a member of the family of the person, is covered by these Regulations if:
(a) the vehicle is acquired within the first 6 months of the person’s installation in Australia and the person has not previously received:
(i) a concession under section 11C of the Act for the acquisition of another motor vehicle; or
(ii) an exemption from indirect tax under section 11B of the Act on the importation of another motor vehicle; or
(b) the vehicle is acquired in exceptional circumstances to replace a motor vehicle for which the person has received:
(i) a concession under section 11C of the Act; or
(ii) an exemption from indirect tax under section 11B of the Act.
(6) In subparagraphs (4) (b) (i) and (c) (i) and paragraph (5) (b):
exceptional circumstances, in relation to the replacement of a motor vehicle, includes the original vehicle being stolen or damaged beyond repair.
Note Section 11C of the Act establishes an indirect tax concession scheme that provides for reimbursement by the Commissioner of Taxation of indirect tax payable for acquisitions covered by these Regulations.
9B Indirect tax concession scheme — conditions
(1) For paragraph 11C (3) (a) of the Act, the amount mentioned in subsection 11C (1) of the Act is payable only if the following conditions are satisfied:
(a) the person who made the acquisition is subject to an agreement in writing between the Institute and the Commonwealth to repay to the Commonwealth the amount worked out under subregulation (2) if:
(i) for a payment in relation to an acquisition of a motor vehicle — the person disposes of the motor vehicle (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 3 years after it was acquired; or
(ii) for a payment in relation to an acquisition of goods other than a motor vehicle — the person disposes of the goods (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after they were acquired; or
(iii) for a payment in relation to an acquisition of services or any other acquisition (except an acquisition covered by paragraph 9A (1) (d)) — the person assigns the services to another person (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;
(b) if the person has breached a previous agreement under paragraph (a) — the person complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the person complies with the agreement.
(2) For subparagraphs (1) (a) (i) and (ii):
(a) a sale of goods to a finance company as part of a sale and lease-back arrangement is not a disposal of the goods; and
(b) a person (the first person) is taken to have disposed of goods to which 1 of those subparagraphs applies within the period mentioned in that subparagraph to a person who is not entitled to an indirect tax concession in relation to similar acquisitions if:
(i) the first person disposes of the goods to a person (the second person) who is entitled to the concession; and
(ii) the second person disposes of the goods to another person; and
(iii) the series of disposals of the goods to other persons continues (if necessary) until the goods are eventually acquired, within the period mentioned in that paragraph, by a person who is not entitled to the concession.
(3) For paragraph (1) (a), the amount to be repaid is:
(a) for an acquisition to which subparagraph (1) (a) (i) or (ii) applies — the proportion of the amount paid under section 11C of the Act in relation to the acquisition that is equal to the proportion of the period mentioned in that subparagraph remaining after the person disposes of the goods; and
(b) for an acquisition to which subparagraph (1) (a) (iii) applies — the amount paid under section 11C of the Act in relation to the acquisition.
(4) However, for an acquisition to which subparagraph (1) (a) (i) or (ii) applies, a person is not required to repay an amount paid under section 11C of the Act in relation to a lease payment that relates to a period before the person disposes of the goods.
(5) The amount mentioned in subsection 11C (1) of the Act is not payable if:
(a) an amount was payable for a similar acquisition; and
(b) the Minister tells the person in writing that, in his or her opinion, the person’s reasonable needs were met by that acquisition.
(6) In this regulation, person includes the Institute.
9C Indirect tax concession scheme — claims for payment
A claim for payment under regulation 9A:
(a) must be signed by, or for, the Secretary-General; and
(b) must be sent with the tax invoice for the acquisition; and
(c) must be sent:
(i) for an acquisition of a motor vehicle — to the Protocol Branch of the Department of Foreign Affairs and Trade; or
(ii) in any other case — to the Australian Taxation Office; and
(d) for an acquisition of a motor vehicle or an acquisition of real property by lease — may be sent at any time after the acquisition; and
(e) for an acquisition of a kind mentioned in paragraph 9A (1) (d), except an acquisition of real property by lease — may only be sent:
(i) in accordance with the arrangement mentioned in that paragraph; or
(ii) if the arrangement does not specify a time when a claim may be sent:
(A) with another claim; or
(B) at least 3 months after another claim from the Institute is sent; and
(f) for an acquisition that is not mentioned in paragraph (d)
or (e) — may only be sent:
(i) with another claim; or
(ii) at least 3 months after another claim from the Institute.
Note Paragraphs 9C (e) and (f) are intended to limit the number of claims from the Institute to one in each quarter, to minimise delays in the processing of claims.
9D Indirect tax concession scheme — manner of payment
For paragraph 11C (3) (b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by, or for, the Secretary-General.
10 Waiver of privileges and immunities
(1) The Institute may waive any privilege or immunity conferred by the Act or these Regulations on:
(a) the Institute; or
(b) a person who holds, or has ceased to hold, the office of Secretary-General.
(2) The Secretary-General may waive any privileges or immunities to which a person is entitled under regulations 8 or 9.
(3) The government of a country may waive any privileges or immunities to which:
(a) a person who is, or has been, accredited to or attending an international conference convened by the Institute as a representative of that country; or
(b) a person who is, or has been during any period, a member of the official staff of a person referred to in paragraph (a);
is entitled under the Act or these Regulations.
(4) The principal executive official of:
(a) an international organisation (other than the Institute) to which the Act applies; or
(b) an overseas organisation to which the Act applies;
may waive any privileges and immunities to which:
(c) a person who is, or has been, accredited to or attending an international conference convened by the Institute as a representative of that organisation; or
(d) a person who is, or has been during any period, a member of the official staff of a person referred to in paragraph (a);
is entitled under the Act or these Regulations.
11 Privileges and immunities subject to quarantine laws etc
(1) Subject to subregulation (2), nothing in these Regulations affects the application of any law of the Commonwealth, a State or a Territory relating to:
(a) quarantine; or
(b) the prohibition or restriction of imports into, or exports from, Australia or an External Territory of any animals, plants or goods; or
(c) public order.
(2) Subregulation (1) does not prejudice the immunity from suit or from other legal processes conferred by these Regulations.
11A Delegation
(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person the Minister’s powers under paragraphs 9B (1) (b) and (5) (b) of these Regulations.
(2) A power delegated under subregulation (1), when exercised by the delegate, is taken to have been exercised by the Minister.
(3) A delegation of power under subregulation (1) does not prevent the exercise of the power by the Minister.
12 Repeal of International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations
Statutory Rules 1996 No. 197 is repealed.
Notes to the International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations 1997
Note 1
Note: The International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations 1997 (in force under the International Organisations (Privileges and Immunities) Act 1963) as shown in this compilation comprise Statutory Rules 1997 No. 331 amended as indicated in the Tables below.
Note: See Table A for information about application, saving or transitional provisions.
These Regulations amend Regulations made under the International Organisations (Privileges and Immunities) Act 1963 (the Act) to apply the indirect tax concession scheme under section 11C of the Act to the organisations covered by those Regulations and officers and high officers of those organisations.