International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co-operation) Regulations 2024
1International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co-operation) Regulations 2024
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International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co‑operation) Regulations 2024
I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 20 June 2024
David Hurley
Governor‑General
By His Excellency’s Command
Penny Wong
Minister for Foreign Affairs
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
6 Act applies to OCCAR
7 OCCAR to have juridical personality and legal capacities
8 Privileges and immunities of OCCAR
9 Privileges and immunities of the Director
10 Privileges and immunities of representatives
11 Privileges and immunities of staff members other than the Director
12 Privileges and immunities of experts
13 Indirect tax concession scheme—acquisitions
14 Indirect tax concession scheme—conditions
15 Indirect tax concession scheme—claims for payment
16 Indirect tax concession scheme—manner of payment
17 Waiver of privileges and immunities
18 Delegation by Minister
Schedule 1—Repeals
International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co‑operation Related Meetings) Regulations 2022
1 Name
This instrument is the International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co-operation) Regulations 2024.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Section 1 - International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co-operation) Regulations 2024 - International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co-operation) Regulations 2024 | Zoe
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument The day after this instrument is registered. 22 June 2024
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the International Organisations (Privileges and Immunities) Act 1963.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
In this instrument:
Act means the International Organisations (Privileges and Immunities) Act 1963.
Board of Supervisors means the Board of Supervisors of OCCAR.
competent authority: see subsection 17(2).
Director means the Director of the Executive Administration of OCCAR or, if the position is vacant, the person appointed to perform the duties of the Director.
expert means a person, other than a staff member, who:
(a) is performing tasks on behalf of OCCAR on a short‑term or temporary basis; and
(b) is covered by a category of experts designated by the Board of Supervisors as a category upon which privileges and immunities are to be conferred.
OCCAR means the Organisation for Joint Armament Co‑operation, established by the Convention on the Establishment of the Organisation for Joint Armament Cooperation, done at Farnborough on 9 September 1998.
Note: The Convention could in 2024 be viewed in the United Nations Treaty Collection (https://treaties.un.org).
staff member means a person who holds an office in OCCAR, but does not include an expert.
taxable supply has the meaning given by section 195‑1 of the A New Tax System (Goods and Services Tax) Act 1999.
tax invoice has the meaning given by section 29‑70 of the A New Tax System (Goods and Services Tax) Act 1999.
6 Act applies to OCCAR
For the purposes of subsection 5(1) of the Act, OCCAR is declared to be an international organisation to which the Act applies.
7 OCCAR to have juridical personality and legal capacities
For the purposes of subparagraph 6(1)(a)(i) of the Act, OCCAR:
(a) is a body corporate with perpetual succession; and
(b) is capable, in its corporate name, of:
(i) entering into contracts; and
(ii) acquiring, holding and disposing of real and personal property; and
(iii) instituting, and being a party to, legal proceedings.
8 Privileges and immunities of OCCAR
(1) For the purposes of subparagraph 6(1)(a)(ii) of the Act, the privileges and immunities specified in the First Schedule to the Act are conferred upon OCCAR, subject to subsections (2) to (5) of this section.
(2) The immunity specified in item 1 of the First Schedule to the Act does not extend to immunity from civil or criminal process relating to any of the following:
(a) the recovery of damages for any damage, injury or death resulting from an accident involving a motor vehicle owned or operated on behalf of OCCAR;
(b) the commission of an offence under a law of the Commonwealth, a State or a Territory that:
(i) relates to motor traffic, motor vehicles or the use of a motor vehicle; and
(ii) involves a motor vehicle owned or operated on behalf of OCCAR;
(c) the enforcement of an arbitration award made under the terms of any contract made by OCCAR;
(d) the attachment, in accordance with a final order of a court, of any amount payable as salary or emoluments by OCCAR to any staff member.
(3) The immunity specified in item 2 of the First Schedule to the Act applies subject to the requirements of any judicial or administrative proceedings relating to the prevention or investigation of an accident involving a motor vehicle owned or operated on behalf of OCCAR.
(4) The privileges specified in items 6 and 7 of the First Schedule to the Act do not extend to goods purchased or imported, or services provided, for the personal benefit of a staff member.
(5) OCCAR’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 covered by section 13 of this instrument.
9 Privileges and immunities of the Director
(1) For the purposes of subparagraph 6(1)(b)(i) of the Act:
(a) the office of the Director is prescribed to be a high office in OCCAR; and
(b) the privileges and immunities specified in Part I of the Second Schedule to the Act are conferred upon the Director.
(2) For the purposes of subparagraph 6(1)(b)(ii) of the Act, the immunities specified in Part II of the Second Schedule to the Act are conferred upon a person who has ceased to be the Director.
(3) The privileges and immunities conferred on a person by subsection (1) or (2) do not apply to a person who, at the time of holding office as the Director, is an Australian citizen or a permanent resident of Australia.
10 Privileges and immunities of representatives
(1) For the purposes of subparagraph 6(1)(c)(i) of the Act, the privileges and immunities specified in Part I of the Third Schedule to the Act are conferred upon a person who is accredited to, or is in attendance at an international conference convened by, OCCAR as a representative of:
(a) a country other than Australia; or
(b) another international organisation to which the Act applies; or
(c) an overseas organisation to which the Act applies;
to the extent that the person is exercising functions as such a representative.
(2) For the purposes of subparagraph 6(1)(c)(ii) of the Act, the immunities specified in Part II of the Third Schedule to the Act are conferred upon a person who has ceased to be accredited to, or has attended a conference convened by, OCCAR as such a representative.
(3) However:
(a) nothing in this section confers immunity on a person from civil or criminal process:
(i) for the recovery of damages for damage, injury or death resulting from an accident involving a motor vehicle owned or driven by the person; or
(ii) relating to the commission of an offence by the person under a law of the Commonwealth, a State or a Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle; and
(b) the privileges and immunities conferred on a person by subsection (1) or (2) do not apply to a person who, at the time of exercising functions as a representative of a kind mentioned in subsection (1), is an Australian citizen or a permanent resident of Australia.
11 Privileges and immunities of staff members other than the Director
(1) For the purposes of subparagraph 6(1)(d)(i) of the Act, the privileges and immunities specified in Part I of the Fourth Schedule to the Act are conferred upon a person who is a staff member other than the Director.
(2) For the purposes of subparagraph 6(1)(f)(i) of the Act, the privilege specified in item 3 of Part I of the Third Schedule to the Act is conferred upon a person connected to OCCAR as a staff member other than the Director.
(3) For the purposes of subparagraph 6(1)(d)(ii) of the Act, the immunity specified in Part II of the Fourth Schedule to the Act is conferred upon a person who has ceased to be a staff member.
(4) However:
(a) nothing in this section confers immunity on a person from civil or criminal process:
(i) for the recovery of damages for damage, injury or death resulting from an accident involving a motor vehicle owned or driven by the person; or
(ii) relating to the commission of an offence by the person under a law of the Commonwealth, a State or a Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle; and
(b) the privileges and immunities specified in items 4 and 5 of Part I of the Fourth Schedule to the Act do not apply to a person who, at the time of holding office as a staff member, is an Australian citizen or a permanent resident of Australia.
12 Privileges and immunities of experts
(1) For the purposes of subparagraph 6(1)(e)(i) of the Act, the privileges and immunities specified in items 2, 3, 5 and 6 of Part I of the Fifth Schedule to the Act are conferred upon a person who is an expert.
(2) For the purposes of subparagraph 6(1)(e)(ii) of the Act, the immunity specified in Part II of the Fifth Schedule to the Act is conferred upon a person who has ceased to be an expert.
(3) However:
(a) nothing in this section confers immunity on a person from civil or criminal process:
(i) for the recovery of damages for damage, injury or death resulting from an accident involving a motor vehicle owned or driven by the person; or
(ii) relating to the commission of an offence by the person under a law of the Commonwealth, a State or a Territory, relating to motor traffic, motor vehicles or the use of a motor vehicle; and
(b) the privileges and immunities specified in items 5 and 6 of Part I of the Fifth Schedule to the Act do not apply to a person who, at the time of performing tasks on behalf of OCCAR, is an Australian citizen or a permanent resident of Australia.
13 Indirect tax concession scheme—acquisitions
(1) For the purposes of paragraph 11C(1)(a) of the Act, the following acquisitions by or on behalf of OCCAR are covered by this instrument:
(a) an acquisition, on a single tax invoice for a taxable supply of at least $200 (including indirect tax), of goods (by purchase or lease) or services;
(b) an acquisition of goods that are freed from duties of excise by section 8 of this instrument;
(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 this instrument;
(d) an acquisition of any of the following, if the acquisition is subject to an arrangement between OCCAR and the Commonwealth for reimbursement of indirect tax:
(i) construction or renovation services;
(ii) real property;
(iii) any other thing.
(2) However, an acquisition made by or on behalf of OCCAR is covered by this instrument only if, at the time of the acquisition, it was strictly necessary for the exercise of the official activities of OCCAR.
14 Indirect tax concession scheme—conditions
(1) For the purposes of paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable to OCCAR only if the following conditions are satisfied:
(a) OCCAR has entered into a written agreement with the Commonwealth to repay to the Commonwealth the amount worked out under subsection (3) of this section in the event that:
(i) for a payment in relation to an acquisition of a motor vehicle—OCCAR disposes of the motor vehicle (except to a person entitled to an indirect tax concession under 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—OCCAR disposes of the goods (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after the goods were acquired; or
(iii) for a payment in relation to an acquisition of services—OCCAR assigns the services to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory; or
(iv) for a payment in relation to any other acquisition—OCCAR assigns the thing acquired to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;
(b) if OCCAR has breached a previous agreement under paragraph (a)—OCCAR complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that OCCAR complies with the agreement.
(2) For the purposes of 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) OCCAR is taken to have disposed of goods to which one 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) OCCAR disposes of the goods to a person who is entitled to the concession; and
(ii) that 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 subparagraph, by a person who is not entitled to the concession.
(3) For the purposes of 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 OCCAR disposes of the goods; and
(b) for an acquisition to which subparagraph (1)(a)(iii) or (iv) 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, OCCAR 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 OCCAR 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 OCCAR in writing that, in the Minister’s opinion, OCCAR’s reasonable needs were met by that acquisition.
15 Indirect tax concession scheme—claims for payment
A claim for payment in relation to an acquisition covered by section 13:
(a) must be signed by, or on behalf of, the Director; 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; 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 (other than an acquisition covered by paragraph (d)) that is subject to an arrangement:
(i) that is between OCCAR and the Commonwealth; and
(ii) that specifies when a claim for payment may be sent;
may only be sent as specified in the arrangement; 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 OCCAR is sent.
Note: Paragraph (f) is intended to limit the number of claims from OCCAR to one in each quarter, to minimise delays in the processing of claims.
16 Indirect tax concession scheme—manner of payment
For the purposes of paragraph 11C(3)(b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by, or on behalf of, the Director.
17 Waiver of privileges and immunities
(1) For the purposes of section 10 of the Act, the competent authority for a privilege or immunity conferred by the Act or this instrument may waive the privilege or immunity if the competent authority considers that:
(a) retaining it would impede the course of justice; and
(b) waiving it would not prejudice the interests of OCCAR.
(2) The competent authority for a privilege or immunity conferred by the Act or this instrument is:
(a) for a privilege or immunity conferred upon OCCAR or the Director—the Board of Supervisors; or
(b) for a privilege or immunity conferred upon a representative of a country other than Australia—that country; or
(c) for a privilege or immunity conferred upon a representative of another international organisation, or an overseas organisation, to which the Act applies—that organisation; or
(d) for a privilege or immunity conferred upon a staff member (other than the Director) or an expert—the Director.
18 Delegation by Minister
(1) The Minister may, in writing, delegate the Minister’s powers under paragraph 14(1)(b) or (5)(b) of this instrument to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In exercising a delegated power, the delegate must comply with any written directions of the Minister.
Schedule 1—Repeals
International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co‑operation Related Meetings) Regulations 2022