International Organisations (Privileges and Immunities) Act 1963
In ForceCTH
Jurisdiction
Commonwealth
Act Number
50 of 1963
Collection
act
Compilation
19
Plain English Summary
6/10 complexity
The Act creates a delegated‑law framework allowing the Commonwealth to recognise foreign multilateral and certain overseas organisations by regulation and to confer them legal personality, specified privileges and immunities (including tax treatment), and protection for official names and emblems. It affects recognised organisations, their officers, staff and counterparties, and shifts some indirect‑tax costs to the Commonwealth via a rebate mechanism. Practical scope and fiscal/administrative effects depend on regulations and Ministerial determinations.
The International Organisations (Privileges and Immunities) Act 1963 establishes a delegated regulatory framework under which the Governor-General may confer juridical personality, legal capacities, and varying degrees of diplomatic-style privileges and immunities upon designated international and overseas organisations, their office-holders, representatives, and associated persons (s 6(1), s 12A, s 13(1)).
At its core the statute operationalises Australia’s obligations under treaties such as the UN Charter, the Rome Statute, the ICRC Arrangement of 24 November 2005, and the Investment Convention (Schedule 3 to the International Arbitration Act 1974) by permitting regulations to replicate, with necessary adaptations, the immunities set out in four Schedules to the Act. These range from full diplomatic-agent level immunity for high officers and conference representatives (Part I of the Second and Third Schedules) down to functional immunities for experts, witnesses, and committee members (Parts I of the Fourth and Fifth Schedules). Immunities for former holders are limited to official acts (Part II of each Schedule).
The Act distinguishes between “international organisations to which this Act applies” (declared under s 5(1) or automatically captured under s 5(6) when an organ becomes a new organisation) and “overseas organisations to which this Act applies” (declared under s 5A(1) provided Australia is not a member). Section 3(2A) deems offices, organs, commissions, councils, committees and sub-committees to form part of the parent organisation for immunity purposes. Deeming rules in s 3(3) and (4) treat unaccredited members of organs as representatives of their national state and treat alternates, deputies, advisers and experts as members of the official staff.
Separate conferral powers exist for:
Current sections
Direct links to the current provisions in International Organisations (Privileges and Immunities) Act 1963.
23
1
Short title
1 Short title
This Act may be cited as the International Organisations (Privileges and Immunities) Act 1963.
3
Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears:
acquisition has the meaning given by section 195‑1 of the GST Act.
approved form has the meaning given by section 995‑1 of the Income Tax Assessment Act 1997.
association means an association or other body or group of persons, whether incorporated or not.
Commissioner means the Commissioner of Taxation.
diplomatic agent and diplomatic mission have the same respective meanings as in the Diplomatic Privileges and Immunities Act 1967.
enterprise has the meaning given by section 195‑1 of the GST Act.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
ICRC Arrangement means the Arrangement Between The Government of Australia and The International Committee of the Red Cross (“ICRC”) On a Regional Headquarters in Australia, done at Canberra on 24 November 2005 (a copy of the text of which is set out in the regulations).
indirect tax means:
(a) GST within the meaning of section 195‑1 of the GST Act; or
(b) luxury car tax within the meaning of section 27‑1 of the Luxury Car Tax Act; or
(c) wine equalisation tax within the meaning of section 33‑1 of the Wine Equalisation Tax Act.
international conference means a conference that is attended by a person representing Australia and:
(a) a person representing a country other than Australia; or
(b) a person representing an international organisation to which this Act applies or an overseas organisation to which this Act applies; or
(c) a person representing an organisation (other than an organisation referred to in paragraph (b)) upon which privileges and immunities have been conferred by regulations made for the purposes of this Act;
whether or not it is also attended by another person or other persons.
International Criminal Court means the International Criminal Court established under the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998.
Note: The text of the Rome Statute is set out in Australian Treaty Series 2002 No. 15 ([2002] ATS 15). In 2013, the text of a Statute in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
international organisation to which this Act applies means:
(a) an organisation that is the subject of a declaration under subsection 5(1); or
(b) an organ specified for the purposes of subsection 5(5); or
(c) an organ that is taken, by force of subsection 5(6), to be an international organisation to which this Act applies.
Note: Specification of an organ for the purposes of subsection 5(5) does not affect subsection 5(6).
Investment Convention means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States signed by Australia on 24 March 1975, the English text of which is set out in Schedule 3 to the International Arbitration Act 1974.
Luxury Car Tax Act means the A New Tax System (Luxury Car Tax) Act 1999.
member of the administrative and technical staff, in relation to a diplomatic mission, has the same meaning as in the Diplomatic Privileges and Immunities Act 1967.
overseas organisation to which this Act applies means an organisation that:
(a) is the subject of a declaration under subsection 5A(1); and
(b) is not an international organisation to which this Act applies.
Wine Equalisation Tax Act means the A New Tax System (Wine Equalisation Tax) Act 1999.
(2) The privileges and immunities conferred by this Act or the regulations are privileges and immunities in relation to the operation of the laws of the Commonwealth (including Acts of the Commonwealth other than this Act) and of the States and Territories of the Commonwealth.
(2A) For the purposes of this Act, and subject to subsection 5(5):
(a) an office within an international organisation to which this Act applies or an overseas organisation to which this Act applies; or
(b) an organ of such an organisation; or
(c) a commission, council or other body established by such an organisation or organ; or
(d) a committee, or sub‑committee of a committee, of such an organisation, organ, commission, council or other body;
is taken to be part of the organisation.
(3) For the purposes of this Act, a person who is, or has been during any period, a member of an organ of an international organisation to which this Act applies but is not, or has not been during that period, accredited to that organ as a representative of:
(a) a country;
(b) an international organisation to which this Act applies; or
(c) an overseas organisation to which this Act applies;
shall be deemed to be, or to have been during that period, as the case may be, so accredited as a representative of the country of which he or she is a national.
(4) For the purposes of this Act:
(a) an alternate or deputy of, or substitute for, a representative of a country, of an international organisation to which this Act applies or of an overseas organisation to which this Act applies; and
(b) an adviser to, or expert assisting, such a representative;
shall each be deemed to be a member of the official staff of the representative.
(5) References in this Act to countries shall be read as including references to the governments of countries.
(6) A reference in this Act to a Schedule by number shall be read as a reference to the Schedule to this Act so numbered.
4
Extension of Act to Territories
4 Extension of Act to Territories
This Act extends to every Territory of the Commonwealth.
4A
Application of the Criminal Code
4A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
5
International organisations to which Act applies
5 International organisations to which Act applies
(1) The regulations may declare an organisation:
(a) of which Australia and a country or countries other than Australia are members; or
(b) that is constituted by a person or persons representing Australia and a person or persons representing a country or countries other than Australia; or
(c) of which 2 or more countries other than Australia are members; or
(d) that is constituted by 2 or more persons representing countries other than Australia;
to be an international organisation to which this Act applies.
(2) In determining whether a designated organisation is covered by paragraph (1)(b) or (d), a person is taken to represent a particular country if, and only if:
(a) the person has been nominated by an officer of the government of that country to be a member of that organisation; and
(b) the person is subject to direction by an officer of the government of that country as to how the person’s rights in relation to the person’s membership of the organisation are to be exercised (whether or not any such directions have been given).
(3) For the purposes of subsection (2), an organisation is a designated organisation unless:
(a) both:
(i) the organisation is established by an agreement to which Australia and one or more other countries are parties; and
(ii) the advancement of the interests of Australia and that other country or those other countries is, under the agreement, a function (whether express or implied) of the organisation; or
(b) both:
(i) the organisation is established by an agreement to which 2 or more countries other than Australia are parties; and
(ii) the advancement of the interests of those countries is, under the agreement, a function (whether express or implied) of the organisation.
(4) Subsections (2) and (3) are to be disregarded in determining the validity of regulations made before the commencement of this subsection.
(5) The regulations may provide that this Act (other than subsection (6)) has effect as if a specified organ of an international organisation to which this Act applies were, in the organ’s own right, an international organisation to which this Act applies.
Note: As a result of this subsection, the organ will not be treated as part of the first‑mentioned organisation.
(6) If:
(a) an organ of an international organisation to which this Act applies (the parent organisation):
(i) ceases to be an organ of the parent organisation; and
(ii) becomes a new organisation in its own right; and
(b) the new organisation is covered by paragraph (1)(a), (b), (c) or (d); and
(c) the new organisation is not the subject of a declaration under subsection (1); and
(d) the parent organisation is not declared by the regulations to be exempt from this subsection;
the new organisation is taken, by force of this subsection, to be an international organisation to which this Act applies throughout the period:
(e) beginning when it became a new organisation in its own right; and
(f) ending at whichever is the earlier of the following:
(i) the end of 12 months after the time when it became a new organisation in its own right;
(ii) the time when it became the subject of a declaration under subsection (1).
5A
Overseas organisations to which Act applies
5A Overseas organisations to which Act applies
(1) Subject to subsection (2), the regulations may declare:
(a) an organisation the members of which are overseas countries in a particular geographical region;
(b) an organisation that is constituted by persons representing overseas countries in a particular geographical region; or
(c) an organisation established, or a group of organisations constituted, by:
(i) organisations the members of which are overseas countries in a particular geographical region; or
(ii) organisations that are constituted by persons representing overseas countries in a particular geographical region;
to be an overseas organisation to which this Act applies.
(2) An organisation shall not be declared by the regulations to be an overseas organisation to which this Act applies if:
(a) Australia is a member of the organisation; or
(b) the organisation is constituted by a person or persons representing Australia and a person or persons representing a country or countries other than Australia.
6
Privileges and immunities of certain international organisations and persons connected therewith
6 Privileges and immunities of certain international organisations and persons connected therewith
(1) Subject to this section, the regulations may, either without restriction or to the extent or subject to the conditions prescribed by the regulations:
(a) confer upon an international organisation to which this Act applies:
(i) juridical personality and such legal capacities as are necessary for the exercise of the powers and the performance of the functions of the organisation; and
(ii) all or any of the privileges and immunities specified in the First Schedule; or
(b) confer:
(i) upon a person who holds, or is performing the duties of, an office prescribed by the regulations to be a high office in an international organisation to which this Act applies all or any of the privileges and immunities specified in Part I of the Second Schedule; and
(ii) upon a person who has ceased to hold, or perform the duties of, such an office the immunities specified in Part II of the Second Schedule; or
(c) confer:
(i) upon a person who is accredited to, or is in attendance at an international conference convened by, an international organisation to which this Act applies as a representative of:
(A) a country other than Australia;
(B) another international organisation to which this Act applies; or
(C) an overseas organisation to which this Act applies;
all or any of the privileges and immunities specified in Part I of the Third Schedule; and
(ii) upon a person who has ceased to be accredited to such an organisation, or has attended such a conference, as such a representative the immunities specified in Part II of the Third Schedule; or
(d) confer:
(i) upon a person who holds an office in an international organisation to which this Act applies (not being an office prescribed by the regulations to be a high office) all or any of the privileges and immunities specified in Part I of the Fourth Schedule; and
(ii) upon a person who has ceased to hold such an office the immunities specified in Part II of the Fourth Schedule; or
(e) confer:
(i) upon a person who is serving on a committee, or is participating in the work, of an international organisation to which this Act applies or is performing, whether alone or jointly with other persons, a mission on behalf of such an organisation all or any of the privileges and immunities specified in Part I of the Fifth Schedule; and
(ii) upon a person who has served on such a committee or participated in such work or has performed such a mission the immunities specified in Part II of the Fifth Schedule; or
(f) confer:
(i) upon a person connected in a specified way with an international organisation to which this Act applies all or any of the privileges and immunities specified in Part I of the Second Schedule, Part I of the Third Schedule, Part I of the Fourth Schedule or Part I of the Fifth Schedule; and
(ii) upon a person who has ceased to be connected with such an organisation in that way the immunities specified in Part II of the Second Schedule, Part II of the Third Schedule, Part II of the Fourth Schedule or Part II of the Fifth Schedule.
(2) Regulations made for the purposes of this section may be of general application or may relate to:
(a) particular international organisations to which this Act applies; or
(b) particular offices or classes of offices; or
(c) particular conferences, committees or missions or classes of conferences, committees or missions; or
(d) representatives of particular countries, of particular international organisations to which this Act applies or of particular overseas organisations to which this Act applies; or
(e) particular classes of persons.
(2A) Without limiting this section, regulations made for the purposes of this section may prescribe a matter by reference to:
(a) a legislative instrument made by the Minister; or
(b) Australia’s international obligations; or
(c) an agreement to which Australia and one or more other countries, or 2 or more countries other than Australia, are parties (including by reference to kinds of persons referred to in such an agreement).
(3) Where by the regulations any privileges or immunities are conferred upon a person who is accredited to, or is in attendance at an international conference convened by, an international organisation to which this Act applies as a representative of:
(a) a country other than Australia;
(b) another international organisation to which this Act applies; or
(c) an overseas organisation to which this Act applies;
that person is entitled to the same privileges and immunities while travelling to a place for the purpose of presenting his or her credentials or of attending the conference or while returning from a place after ceasing to be so accredited or after attending the conference.
(4) Where by the regulations any privileges or immunities are conferred upon a person who is serving on a committee, or participating in the work, of an international organisation to which this Act applies or is performing, whether alone or jointly with other persons, a mission on behalf of such an organisation, that person is entitled to the same privileges and immunities while travelling to a place for the purpose of serving on the committee or participating in that work or performing the mission or while returning from a place after serving on the committee or participating in that work or performing the mission.
(5) Subject to subsection (6), where by the regulations or by subsection (3) any privileges or immunities are conferred upon a person who is, or has been, a person accredited to, or in attendance at an international conference convened by, an international organisation to which this Act applies as a representative of:
(a) a country other than Australia;
(b) another international organisation to which this Act applies; or
(c) an overseas organisation to which this Act applies;
a person who is, or has been during any period, a member of the official staff of the first‑mentioned person is entitled, in respect of that period, to the same privileges and immunities.
(6) A person who is, or has been, a representative of:
(a) a country other than Australia;
(b) another international organisation to which this Act applies; or
(c) an overseas organisation to which this Act applies;
or a member of the official staff of such a representative during the period when he or she is or was an Australian citizen is not entitled under this section or the regulations to any privileges or immunities in respect of that period, except in respect of acts and things done in his or her capacity as such a representative or member.
7
Privileges and immunities of representatives attending certain international conferences or engaged on missions in Australia or a Territory
7 Privileges and immunities of representatives attending certain international conferences or engaged on missions in Australia or a Territory
(1) Where:
(a) an international conference is, or is to be, held in Australia or in a Territory of the Commonwealth; or
(b) a mission is, or is to be, sent by:
(i) a country other than Australia; or
(ii) an international organisation to which this Act applies or an overseas organisation to which this Act applies; or
(iii) an organisation (other than an organisation referred to in subparagraph (ii)) upon which privileges and immunities have been conferred by regulations made for the purposes of this Act;
to Australia or to a Territory of the Commonwealth;
and it appears to the Governor‑General that the provisions of this Act other than this section do not, or may not, apply in relation to that conference or mission but it is desirable that diplomatic privileges and immunities should be applicable in relation to that conference or mission, the regulations may declare the conference or mission, as the case may be, to be a conference or mission to which this section applies.
(2) Subject to subsection (3), where a conference or mission has been declared by the regulations to be a conference or mission to which this section applies:
(a) a person who is, or has been, a representative of:
(i) a country other than Australia; or
(ii) an international organisation to which this Act applies or an overseas organisation to which this Act applies; or
(iii) an organisation (other than an organisation referred to in subparagraph (ii)) upon which privileges and immunities have been conferred by regulations made for the purposes of this Act;
at the conference or on the mission is, in respect of the period in which he or she is, or has been, such a representative, entitled to the privileges and immunities accorded to a diplomatic agent;
(b) a person who is, or has been, a member of the official staff of a person referred to in paragraph (a) during the whole or any part of the period referred to in that paragraph is entitled to the privileges and immunities accorded to a member of the administrative and technical staff of a diplomatic mission in respect of that period or that part of that period, as the case may be; and
(c) in the case of an international conference—a person who is, or has been, a member of the secretariat established for the purposes of the conference is entitled to immunity from suit and from other legal process in respect of acts and things done in his or her capacity as such a member.
(3) A person who is, or has been, in attendance at an international conference, or engaged on a mission, to which this section applies as a representative, or as a member of the official staff of a representative, of:
(a) a country other than Australia; or
(b) an international organisation to which this Act applies or an overseas organisation to which this Act applies; or
(c) an organisation (other than an organisation referred to in paragraph (b)) upon which privileges and immunities have been conferred by regulations made for the purposes of this Act;
during a period when he or she is or was an Australian citizen, is not entitled under subsection (2) to any privileges or immunities in respect of that period, except in respect of acts and things done in his or her capacity as such a representative or member.
(4) If:
(a) regulations are made for the purposes of subsection (1) after the commencement of this subsection; and
(b) those regulations are in force immediately before the end of the period of 12 months after they came into effect;
those regulations cease to be in force at the end of that 12‑month period.
(5) If:
(a) regulations were made for the purposes of subsection (1) before the commencement of this subsection; and
(b) those regulations are in force immediately before the end of the period of 12 months after the commencement of this subsection;
those regulations cease to be in force at the end of that 12‑month period.
8
Withdrawal of privileges and immunities of representatives of countries not according reciprocal treatment
8 Withdrawal of privileges and immunities of representatives of countries not according reciprocal treatment
(1) Where the Minister is satisfied that persons, or members of the official staffs of persons, representing Australia at an international conference in a country would not receive in that country privileges and immunities corresponding to those conferred in Australia by this Act or the regulations upon persons, or upon members of the official staffs of persons, representing that country, the Minister may, by instrument in writing, withdraw from the representatives, or from the members of the official staffs of the representatives, of that country all or any of those privileges and immunities.
(2) The Minister shall cause any such instrument to be published in the Gazette.
9
Privileges and immunities of judges and officials of, and persons engaged in business before, the International Court of Justice
9 Privileges and immunities of judges and officials of, and persons engaged in business before, the International Court of Justice
The regulations may confer upon:
(a) the judges, assessors and officials of the International Court of Justice established by the Charter of the United Nations;
(b) persons engaged on missions by order of that Court;
(c) the agents, advocates and counsel of countries that are parties in cases before that Court; and
(d) witnesses in cases before that Court;
such privileges and immunities as are required to give effect to the Statute of that Court and such privileges and immunities in respect of acts and things done in the course of the performance of their functions in connexion with the business of that Court as are required to give effect to any resolution of, or convention or agreement approved by, the General Assembly of the United Nations.
9A
Privileges and immunities in respect of certain proceedings under the Investment Convention
9A Privileges and immunities in respect of certain proceedings under the Investment Convention
(1) The regulations may confer upon:
(a) conciliators appointed to a Conciliation Commission; and
(b) arbitrators appointed to an Arbitral Tribunal; and
(c) arbitrators appointed to an ad hoc Committee of 3 persons under Article 52;
the privileges and immunities required to give effect to Article 21 and paragraph (3) of Article 24.
(2) The regulations may confer upon parties, agents, counsel, advocates, witnesses and experts in proceedings under the Investment Convention the privileges and immunities required to give effect to Article 22.
(3) This section is not to be read as limiting any other provision of this Act, including the power to prescribe an organisation as an international organisation to which this Act applies.
(4) A word or expression used in this section and in the Investment Convention (whether or not a particular meaning is given to it by the Investment Convention) has, in this section, the same meaning as it has in the Investment Convention.
(5) A reference in this section to a numbered Article is a reference to the Article so numbered in the Investment Convention.
9B
Privileges and immunities of members of other international tribunals
9B Privileges and immunities of members of other international tribunals
(1) The regulations may confer upon:
(a) a specified international tribunal; and
(b) the members and officials of a specified international tribunal; and
(c) experts and other persons engaged on missions by order of a specified international tribunal; and
(d) the agents, advocates and counsel of parties in cases before a specified international tribunal; and
(e) witnesses in cases before a specified international tribunal;
such privileges and immunities as are required to give effect to:
(f) if the instrument by which the international tribunal is established relates to the privileges and immunities at the international tribunal—that instrument; or
(g) if an agreement to which Australia and one or more other countries are parties relates to the privileges and immunities of the international tribunal—that agreement.
(2) This section and section 6 do not limit each other.
(3) In this section:
international tribunal means an international tribunal (however described) that:
(a) has a judicial or quasi‑judicial character; and
(b) is established by or under an agreement to which Australia and one or more other countries are parties;
but does not include:
(c) the International Court of Justice established by the Charter of the United Nations; or
(d) the International Criminal Court.
9C
Privileges and immunities in respect of the International Criminal Court
9C Privileges and immunities in respect of the International Criminal Court
(1) The regulations may confer upon:
(a) the International Criminal Court; and
(b) persons of a kind referred to in the Agreement on the Privileges and Immunities of the International Criminal Court, done at New York on 9 September 2002;
such privileges and immunities as are required to give effect to that Agreement.
Note 1: In 2013, the text of the Agreement was accessible through the website of the International Criminal Court (www.icc‑cpi.int).
Note 2: The regulations may also confer upon the International Criminal Court juridical personality and such legal capacities as are necessary for the exercise of the Court’s functions and the fulfilment of its purposes (see section 12A).
(2) This section and section 6 do not limit each other.
9D
Privileges and immunities in respect of the International Committee of the Red Cross
9D Privileges and immunities in respect of the International Committee of the Red Cross
(1) The regulations may confer upon:
(a) the International Committee of the Red Cross; and
(b) persons of a kind referred to in the ICRC Arrangement;
such privileges and immunities as are required to give effect to that Arrangement.
(2) The regulations may confer upon the International Committee of the Red Cross juridical personality and such legal capacities as are necessary for the exercise of its powers and the performance of its functions.
10
Waiver
10 Waiver
The regulations may make provision for or in relation to the waiver of any privileges or immunities to which an international organisation or a person is entitled by virtue of this Act or the regulations.
11
Certificates by Minister
11 Certificates by Minister
(1) The Minister may give a certificate in writing certifying any fact relating to the question whether a person is, or was at any time or in respect of any period, entitled, by virtue of this Act or the regulations, to any privileges or immunities.
(2) In any proceedings, a certificate given under this section is prima facie evidence of the facts certified.
11B
Preservation of exemption from duties on importations
11B Preservation of exemption from duties on importations
Despite:
(a) section 177‑5 of the GST Act; and
(b) section 21‑5 of the Luxury Car Tax Act; and
(c) section 27‑25 of the Wine Equalisation Tax Act;
indirect tax that would be payable on an importation under one of those Acts is not payable on an importation covered by an immunity from taxation (including customs duties) conferred by the regulations.
11C
Indirect tax concession scheme
11C Indirect tax concession scheme
(1) If:
(a) an acquisition covered by regulations made for the purposes of this section is made:
(i) by or on behalf of an organisation upon which the regulations have conferred an exemption (to some extent) from taxation; or
(ii) by or on behalf of a person (the person) upon whom the regulations have conferred an exemption (to some extent) from taxation; and
(b) at the time of the acquisition, it was intended for:
(i) the official use of the organisation or the person; or
(ii) a use covered by regulations made for the purposes of this section;
the Commissioner must, on behalf of the Commonwealth and subject to subsection (3), pay to the organisation (or a person in a class of persons determined by the Minister), or the person, an amount equal to the amount of indirect tax payable (if any) in respect of the supply of that acquisition.
(2) A claim for an amount covered by subsection (1) must be in the approved form.
(3) The amount is payable:
(a) in accordance with the conditions and limitations; and
(b) within the period and in the manner;
set out in regulations made for the purposes of this section.
(4) Regulations made for the purposes of subsection (3) may permit the Commissioner to determine the period within which, and the manner in which, the amount is payable.
(5) A determination under subsection (1) is a legislative instrument.
12
Protection of names etc. of international organisations
12 Protection of names etc. of international organisations
(1) Except with the consent in writing of the Minister, a person (including a body corporate) shall not:
(a) use the name or an abbreviation of the name of an international organisation to which this Act applies in connexion with a trade, business, profession, calling or occupation; or
(b) use:
(i) a seal, emblem or device that is identical with the official seal or emblem of an international organisation to which this Act applies;
(ii) a seal, emblem or device so nearly resembling the official seal or emblem of such an organisation as to be capable of being mistaken for that seal or emblem; or
(iii) a seal, emblem or device that is capable of being taken to be the official seal or emblem of such an organisation.
Penalty: 10 penalty units.
Note: This section does not apply in relation to the International Committee of the Red Cross (as it is not an international organisation to which this Act applies, as defined in subsection 3(1) of this Act). The use of the emblem and designation “Red Cross” is dealt with by section 15 of the Geneva Conventions Act 1957.
(2) Where, without the consent in writing of the Minister, the name or an abbreviation of the name of an international organisation to which this Act applies, or a seal, emblem or device referred to in paragraph (1)(b):
(a) is used as, or as part of, the name, seal or emblem of an association;
(b) is used as, or as part of, the name or emblem of a newspaper or magazine owned by, or published by or on behalf of, an association; or
(c) is used by an association in connexion with any activity of the association so as to imply that the association is in any way connected with that organisation;
then:
(d) if the association is a body corporate—the association; or
(e) if the association is not a body corporate—every member of the governing body of the association;
commits an offence against this section and is punishable upon conviction by a fine not exceeding 10 penalty units.
(2A) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) A person shall not be convicted of an offence against this section in respect of the use of an abbreviation of the name of an international organisation to which this Act applies if the use occurred in such circumstances or in relation to such matters as to be unlikely to be taken to imply any connexion with the organisation, unless the prosecution proves that the use was intended to imply such a connexion.
(4) The conviction of a person of an offence under this section in respect of the use of a name, abbreviation of a name, seal, emblem or device does not prevent a further conviction of that person in respect of the use of that name, abbreviation, seal, emblem or device at any time after the first‑mentioned conviction.
(5) For the purposes of this section:
(a) any combination of words or letters, or of both words and letters, that is capable of being understood as referring to an international organisation to which this Act applies shall be deemed to be an abbreviation of the name of that organisation; and
(b) if a seal or emblem is declared by the regulations to be the official seal or emblem of an international organisation to which this Act applies, that seal or emblem shall be taken to be the official seal or emblem of that organisation.
(6) Proceedings under this section shall not be instituted without the consent in writing of the Attorney‑General.
12A
Conferral of juridical personality and legal capacities
12A Conferral of juridical personality and legal capacities
(1) This section applies to an organisation if:
(a) either:
(i) the organisation is established by an instrument to which 2 or more countries are parties; or
(ii) an instrument to which Australia and one or more other countries are parties recognises the organisation as having international legal personality; and
(b) it appears to the Minister that the provisions of this Act other than this section do not, or may not, apply in relation to the organisation, but that it is desirable that juridical personality and one or more legal capacities should be conferred on the organisation.
(2) The regulations may confer upon a specified organisation juridical personality and such legal capacities as are necessary for the exercise of the powers, and the performance of the functions, of the organisation.
12B
No registration under the GST Act
12B No registration under the GST Act
For the purposes of the GST Act, an organisation or person upon which or whom the regulations have conferred privileges and immunities is treated as not carrying on an enterprise when acting in the capacity in respect of which the organisation or person was granted those privileges and immunities.
Note: This means that the organisation or person cannot be registered under Division 23 of the GST Act in that capacity.
12C
Organisations that are bodies corporate are not Commonwealth entities
12C Organisations that are bodies corporate are not Commonwealth entities
If the regulations provide that an organisation is a body corporate, then, despite paragraph 10(1)(d) of the Public Governance, Performance and Accountability Act 2013, the organisation is not a Commonwealth entity for the purposes of that Act.
13
Regulations
13 Regulations
(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Regulations under this Act may be expressed to commence from a day specified in a written determination made by the Minister under this subsection for the purposes of the commencement of those regulations. If the purpose or object underlying those regulations is to implement an international instrument (whether or not that purpose is expressly stated in those regulations), the day must not be earlier than the day on which the instrument becomes effective for Australia.
(3) Subsection (2) has effect despite anything in the Legislation Act 2003.
(4) A determination under subsection (2) is a legislative instrument.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1 Short title
1 Short title
This Act may be cited as the International Organisations (Privileges and Immunities) Act 1963.
3 Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears:
acquisition has the meaning given by section 195‑1 of the GST Act.
approved form has the meaning given by section 995‑1 of the Income Tax Assessment Act 1997.
association means an association or other body or group of persons, whether incorporated or not.
Commissioner means the Commissioner of Taxation.
diplomatic agent and diplomatic mission have the same respective meanings as in the Diplomatic Privileges and Immunities Act 1967.
enterprise has the meaning given by section 195‑1 of the GST Act.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
ICRC Arrangement means the Arrangement Between The Government of Australia and The International Committee of the Red Cross (“ICRC”) On a Regional Headquarters in Australia, done at Canberra on 24 November 2005 (a copy of the text of which is set out in the regulations).
indirect tax means:
(a) GST within the meaning of section 195‑1 of the GST Act; or
(b) luxury car tax within the meaning of section 27‑1 of the Luxury Car Tax Act; or
(c) wine equalisation tax within the meaning of section 33‑1 of the Wine Equalisation Tax Act.
international conference means a conference that is attended by a person representing Australia and:
(a) a person representing a country other than Australia; or
(b) a person representing an international organisation to which this Act applies or an overseas organisation to which this Act applies; or
(c) a person representing an organisation (other than an organisation referred to in paragraph (b)) upon which privileges and immunities have been conferred by regulations made for the purposes of this Act;
whether or not it is also attended by another person or other persons.
International Criminal Court means the International Criminal Court established under the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998.
judges, assessors, officials, agents, advocates, counsel and witnesses before the International Court of Justice (s 9);
conciliators, arbitrators and parties in Investment Convention proceedings (s 9A);
members, officials, experts and counsel before other international tribunals of a judicial or quasi-judicial character established by treaty to which Australia is a party (s 9B);
the International Criminal Court and persons listed in the 2002 Agreement on the Privileges and Immunities of the ICC (s 9C); and
the International Committee of the Red Cross and persons covered by the ICRC Arrangement (s 9D).
Section 7 supplies a residual power where an international conference or mission held in Australia would otherwise fall outside the Act; the Governor-General may declare it covered, triggering full diplomatic-agent privileges for representatives, administrative-and-technical-staff privileges for their staff, and limited secretariat immunity.
Tax-specific mechanisms are layered on top. Section 11B preserves immunity from indirect tax (GST, luxury car tax, wine equalisation tax) on importations despite the normal operation of ss 177-5, 21-5 and 27-25 of the respective Acts. Section 11C creates an indirect-tax concession scheme under which the Commissioner must pay to an entitled organisation or person an amount equal to the indirect tax paid on covered acquisitions intended for official use. Section 12B prevents organisations or persons enjoying privileges from being treated as carrying on an enterprise for GST registration purposes. Section 12C excludes organisations given corporate status by regulation from being Commonwealth entities under the Public Governance, Performance and Accountability Act 2013.
Protective provisions prevent misuse of organisational names, seals and emblems (s 12), allow ministerial certificates to be prima-facie evidence of entitlement (s 11), and authorise regulations to deal with waiver (s 10). Reciprocity is policed by s 8, which empowers the Minister to withdraw privileges by Gazette instrument where Australian representatives abroad would not receive equivalent treatment.
The Act applies to all Territories (s 4), imports the general principles of criminal responsibility via Chapter 2 of the Criminal Code (s 4A), and permits regulations to commence retrospectively to the date an international instrument becomes effective for Australia (s 13(2)-(4)), notwithstanding the Legislation Act 2003.
Who it affects
The statute casts a wide net across four concentric circles.
First, organisations. Any organisation satisfying s 5(1)(a)–(d) may be declared an “international organisation to which this Act applies”. This includes bodies of which Australia and other countries are members, bodies constituted by representatives of those countries, and bodies of which only foreign states are members. Overseas regional organisations whose members are exclusively foreign countries in a defined geographical region may be declared under s 5A provided Australia is not a member. Once declared, offices, organs, commissions, councils, committees and sub-committees are treated as part of the organisation (s 3(2A)). Successor organs that split off automatically inherit status for up to 12 months (s 5(6)).
Second, office-holders and representatives. High officers prescribed by regulation receive the full suite in Part I of the Second Schedule (s 6(1)(b)). Accredited representatives of foreign states, other international organisations or overseas organisations at conferences or to the organisation itself receive Third Schedule privileges (s 6(1)(c)). Ordinary officers receive Fourth Schedule immunities (s 6(1)(d)). Committee members, mission participants and persons “connected in a specified way” may receive tailored immunities drawn from any of the Schedules (s 6(1)(e)–(f)). Judges, arbitrators, agents, counsel and witnesses before the ICJ, ICC, Investment Convention tribunals and other international tribunals are covered by their respective sections (ss 9–9D).
Third, support personnel. Official staff (including deemed alternates, advisers and experts under s 3(4)) receive derivative immunities for the relevant period (s 6(5)), calibrated to diplomatic-agent or administrative-and-technical-staff levels depending on the principal’s status (s 7(2)). Secretariat members at declared conferences receive only functional immunity for acts done in that capacity (s 7(2)(c)).
Fourth, ancillary persons. Experts on missions, witnesses, and persons engaged in business before the ICJ or other tribunals receive functional immunities necessary to give effect to the relevant statute or agreement. The ICRC Arrangement beneficiaries and persons listed in the 2002 ICC Agreement are expressly contemplated.
Australian citizens are carved out (s 6(6), s 7(3)). They receive no privileges or immunities except in respect of acts and things done in their official capacity as representative or staff member. The Minister’s power under s 8 to withdraw privileges from representatives of non-reciprocal states indirectly affects foreign diplomats and staff. Finally, ordinary Australians and businesses are affected by the name-protection offences in s 12 and by the requirement to obtain Attorney-General consent before prosecuting those offences.
Key duties and rights
Rights predominate. An organisation declared under s 5 or s 5A obtains juridical personality and “such legal capacities as are necessary for the exercise of its powers and the performance of its functions” (s 6(1)(a)(i), s 12A(2)). It enjoys the privileges and immunities listed in the First Schedule to the extent prescribed. Representatives and staff enjoy immunity from suit and from other legal process, inviolability of premises and archives, and exemption from direct and, via the ss 11B–11C mechanisms, indirect taxation.
Section 6(3) and (4) extend travel immunities to persons travelling to or from Australia for the purpose of presenting credentials or performing their functions. Section 11 provides a convenient evidentiary shortcut: a ministerial certificate is prima-facie evidence of entitlement in any proceedings.
Duties are fewer but significant. Organisations and persons must use privileges only for official purposes; the indirect-tax concession scheme in s 11C is conditioned on acquisitions being “for the official use of the organisation or the person” or a use prescribed by regulation. Claims must be lodged in the “approved form” (s 11C(2)) and are payable only in accordance with conditions and limitations set by regulation (s 11C(3)).
Organisations must not misuse their own names or emblems; conversely, third parties are prohibited from using them in trade, business or in a manner implying connection (s 12(1)–(2)). The offence in s 12(2) is one of strict liability (s 12(2A)), although s 12(3) provides a limited defence where an abbreviation is used in circumstances unlikely to imply connection and without intent to do so.
The Minister may withdraw privileges for non-reciprocity (s 8(1)) and must publish the instrument in the Gazette (s 8(2)). Regulations may provide for waiver (s 10), giving the organisation or sending state the ability to lift immunity where it would otherwise impede justice.
Penalties and enforcement
Enforcement is light-touch. The only offence created by the Act itself is the name-protection offence in s 12. A natural person who uses a protected name, abbreviation, seal, emblem or device without Ministerial consent faces 10 penalty units (s 12(1)). Where the misuse is by an association, the body corporate or every member of its governing body commits the offence and is liable to the same 10-penalty-unit fine (s 12(2)). The offence in subsection (2) is strict liability (s 12(2A)), but subsection (3) prevents conviction for abbreviation use unless the prosecution proves intent to imply connection. Multiple convictions may be recorded for continued use (s 12(4)). Proceedings require the written consent of the Attorney-General (s 12(6)).
No direct criminal sanctions attach to misuse of privileges or immunities. Instead, the Act relies on withdrawal (s 8), waiver (s 10), and the possibility that a court may decline to recognise an immunity where it has been validly withdrawn or waived. Ministerial certificates under s 11 are prima-facie evidence, but the contrary may be proved.
The Criminal Code’s general principles apply to the s 12 offence (s 4A). Because the Act is primarily facilitative, enforcement against organisations occurs through diplomatic channels or by the sending state rather than through Australian courts.
How it interacts with other laws
The statute is expressly stated to confer privileges and immunities “in relation to the operation of the laws of the Commonwealth (including Acts of the Commonwealth other than this Act) and of the States and Territories” (s 3(2)). It therefore sits atop the general law.
Its most intricate interaction is with the indirect-tax regime. Section 11B overrides the normal charging provisions of the GST Act, Luxury Car Tax Act and Wine Equalisation Tax Act for importations covered by an immunity conferred by regulation. Section 11C then supplies a refund mechanism for acquisitions, effectively converting immunity into a cash concession. Section 12B prevents an entitled organisation or person from being treated as carrying on an enterprise for GST purposes when acting in the capacity for which immunity was granted, thereby blocking registration and input-tax-credit claims. Section 12C ensures that an organisation given corporate status by regulation is not a Commonwealth entity under the Public Governance, Performance and Accountability Act 2013.
Cross-references to the Diplomatic Privileges and Immunities Act 1967 supply the definitions of “diplomatic agent”, “diplomatic mission” and “member of the administrative and technical staff” used in ss 6 and 7. The Investment Convention is incorporated by reference in s 9A; words used in that Convention bear the same meaning here. The Rome Statute and the 2002 ICC Agreement are similarly incorporated by s 9C.
Section 7 operates as a safety-net where the primary provisions “do not, or may not, apply”. Regulations made under it cease after 12 months unless renewed, preventing indefinite expansion of the regime without fresh scrutiny (s 7(4)–(5)).
The Legislation Act 2003 is displaced only to the extent necessary to allow retrospective commencement of regulations that implement international instruments (s 13(2)–(4)). Chapter 2 of the Criminal Code applies to the single offence provision (s 4A).
Recent changes and why
Although the compiled text does not list amendment dates, the structure reveals layered additions. The original 1963 Act dealt with classical international organisations and the ICJ. Subsequent insertions added s 5(2)–(4) to clarify representation tests following litigation or treaty practice concerning the nature of membership. The overseas-organisation power in s 5A was inserted to accommodate regional bodies such as the Pacific Islands Forum.
Tax machinery (ss 11B–12B) was added after the introduction of the GST regime in 1999 and the need to reconcile immunity with value-added taxation; the indirect-tax concession scheme mirrors similar schemes in the Diplomatic Privileges and Immunities Act 1967 and the Consular Privileges and Immunities Act 1972. Sections 9A–9D were inserted piecemeal to implement the Investment Convention (opened for signature 1965, signed by Australia 1975), the Rome Statute (2002), the ICC Agreement on Privileges and Immunities (2002), the ICRC Arrangement of 24 November 2005, and the general rise of international criminal and investment tribunals.
The 12-month deeming rule in s 5(6) and the 12-month sunset on s 7 declarations (added later) reflect a policy of preventing permanent status creep without fresh regulatory action. The power in s 12A to confer juridical personality on organisations established by instruments to which Australia is not necessarily a party addresses gaps exposed when new entities (for example, certain treaty secretariats) fall outside the s 5 criteria.
These changes were driven by Australia’s expanding treaty portfolio, the proliferation of international courts and tribunals, the shift from pure immunity to cash-flow-neutral tax concessions, and the need to maintain reciprocity and temporal limits on extraordinary privileges.
Court challenges and controversies
The source text itself does not record specific Australian court challenges. However, the statute’s architecture reveals points of latent tension. The deeming rules in s 3(3) (treating unaccredited organ members as representatives of their national state) and s 5(2)–(3) (prescribing when a person is taken to represent a country) were inserted to resolve earlier uncertainty about functional versus formal representation. Subsection 5(4) expressly preserves the validity of pre-existing regulations despite the new tests, indicating that litigation or advice had cast doubt on earlier declarations.
Section 11 certificates are expressed to be only prima-facie evidence, leaving open the possibility of contradictory proof in proceedings; this balances administrative convenience against the right to test entitlement. The strict-liability offence in s 12(2) coupled with the intent requirement in s 12(3) for abbreviations has not generated reported controversy in the text, but the Attorney-General consent gate (s 12(6)) indicates sensitivity around use of Red Cross or UN emblems by NGOs or commercial entities.
The exclusion of Australian citizens from personal immunities (s 6(6), s 7(3)) has been a perennial drafting choice to avoid dual nationals claiming immunity against Australia. The 12-month sunset on s 7 declarations and on successor-organ status under s 5(6) reflects legislative caution against open-ended immunity grants that could be challenged as exceeding the original treaty basis.
No text is supplied on judicial review of Ministerial decisions under s 8 or of the content of regulations. The broad regulation-making power in s 13, including the ability to incorporate international agreements by reference (s 6(2A)), would now be read against the principles in cases concerning incorporation by reference, but again the statute itself is silent.
Gotchas
Most practitioners assume that once an organisation is declared, all its personnel automatically receive full diplomatic immunity. In fact the Act is granular: only offices prescribed as “high office” attract Second Schedule privileges (s 6(1)(b)); ordinary officers receive the narrower Fourth Schedule (s 6(1)(d)). The difference can be outcome-determinative in employment or defamation proceedings.
The citizenship carve-out is absolute for the period of citizenship: an Australian who becomes a representative of another state at a conference in Australia receives no personal immunity except for official acts (s 7(3)). Dual nationals are therefore well advised to obtain an express waiver from the sending state before relying on immunity.
Section 11C refunds are not automatic. The acquisition must be “covered by regulations made for the purposes of this section”, must be for official or prescribed use, and must be claimed in the approved form. Many organisations discover too late that their internal purchase orders do not satisfy the evidentiary thresholds set by the Commissioner’s determination.
The name-protection offence in s 12 applies to abbreviations “capable of being understood as referring to” the organisation (s 12(5)(a)). A company trading as “UN Aid Solutions” could therefore offend even without using the full name. The strict-liability limb for associations means that every governing-body member is personally liable; directors of not-for-profits have been known to overlook this.
Regulations made under s 7 expire after 12 months (s 7(4)–(5)). Conference organisers who obtain a declaration frequently forget to monitor the sunset, leaving participants suddenly exposed once the 12-month period ends.
Section 12C is a sleeper: an organisation given corporate status by regulation is explicitly not a Commonwealth entity under the PGPA Act. This removes Commonwealth procurement and financial-management rules but also removes the statutory indemnity that Commonwealth entities normally enjoy, a point easily missed in risk assessments.
Finally, the ICRC is deliberately excluded from the s 12 name-protection regime (note to s 12(1)); the Geneva Conventions Act 1957 governs Red Cross emblems instead. Using “ICRC” in a business name is therefore regulated under a different statute with different penalties and enforcement.
How to comply
Compliance begins with identification. Legal advisers should obtain the current list of declared organisations from the latest regulations made under ss 5 and 5A, noting that successor organs are automatically covered for 12 months under s 5(6). For each category of person (high officer, representative, expert, secretariat member) map the exact privileges to the relevant Part of the relevant Schedule as modified by the particular regulations.
Organisations should establish an internal “official use” register for acquisitions so that s 11C claims can be substantiated. Claims must be in the approved form and lodged within the period and manner prescribed by regulation; automated accounts-payable systems should flag GST-inclusive invoices from exempt suppliers for separate treatment.
Contracts with local suppliers should recite that the supplier is not required to charge indirect tax where an immunity applies, but should also record that the organisation will claim the concession payment itself rather than requiring the supplier to absorb the tax. This avoids double-dipping.
Name and emblem compliance requires a pre-launch trade-mark and business-name search against all declared organisations and the ICRC. Where doubt exists, obtain the Minister’s written consent under s 12(1) before incorporation or marketing. Associations should incorporate a governance rule requiring the governing body to obtain legal advice before any use of international symbols.
For conferences, organisers must apply for a s 7 declaration well before the event and diarise the 12-month expiry. Visa and accreditation documents should expressly record the capacity in which each participant attends so that derivative staff immunities under s 6(5) can be claimed.
Australian citizens proposed as representatives or staff should be advised that they will enjoy immunity only for official acts; separate waivers or insurance may be required for personal liability.
Ministerial certificates under s 11 should be sought proactively where litigation is anticipated; the certificate shifts the evidentiary burden and often ends satellite disputes about status.
Finally, organisations should maintain a central register of all regulations and legislative instruments made under ss 6(2A), 9B and 13(2) that incorporate treaties by reference, because changes to those treaties can automatically alter the scope of immunities without new Australian regulations. Annual reconciliation against the AustLII compilation of the Act and its regulations remains the single most effective compliance control.
Note: The text of the Rome Statute is set out in Australian Treaty Series 2002 No. 15 ([2002] ATS 15). In 2013, the text of a Statute in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
international organisation to which this Act applies means:
(a) an organisation that is the subject of a declaration under subsection 5(1); or
(b) an organ specified for the purposes of subsection 5(5); or
(c) an organ that is taken, by force of subsection 5(6), to be an international organisation to which this Act applies.
Note: Specification of an organ for the purposes of subsection 5(5) does not affect subsection 5(6).
Investment Convention means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States signed by Australia on 24 March 1975, the English text of which is set out in Schedule 3 to the International Arbitration Act 1974.
Luxury Car Tax Act means the A New Tax System (Luxury Car Tax) Act 1999.
member of the administrative and technical staff, in relation to a diplomatic mission, has the same meaning as in the Diplomatic Privileges and Immunities Act 1967.
overseas organisation to which this Act applies means an organisation that:
(a) is the subject of a declaration under subsection 5A(1); and
(b) is not an international organisation to which this Act applies.
Wine Equalisation Tax Act means the A New Tax System (Wine Equalisation Tax) Act 1999.
(2) The privileges and immunities conferred by this Act or the regulations are privileges and immunities in relation to the operation of the laws of the Commonwealth (including Acts of the Commonwealth other than this Act) and of the States and Territories of the Commonwealth.
(2A) For the purposes of this Act, and subject to subsection 5(5):
(a) an office within an international organisation to which this Act applies or an overseas organisation to which this Act applies; or
(b) an organ of such an organisation; or
(c) a commission, council or other body established by such an organisation or organ; or
(d) a committee, or sub‑committee of a committee, of such an organisation, organ, commission, council or other body;
is taken to be part of the organisation.
(3) For the purposes of this Act, a person who is, or has been during any period, a member of an organ of an international organisation to which this Act applies but is not, or has not been during that period, accredited to that organ as a representative of:
(a) a country;
(b) an international organisation to which this Act applies; or
(c) an overseas organisation to which this Act applies;
shall be deemed to be, or to have been during that period, as the case may be, so accredited as a representative of the country of which he or she is a national.
(4) For the purposes of this Act:
(a) an alternate or deputy of, or substitute for, a representative of a country, of an international organisation to which this Act applies or of an overseas organisation to which this Act applies; and
(b) an adviser to, or expert assisting, such a representative;
shall each be deemed to be a member of the official staff of the representative.
(5) References in this Act to countries shall be read as including references to the governments of countries.
(6) A reference in this Act to a Schedule by number shall be read as a reference to the Schedule to this Act so numbered.
4 Extension of Act to Territories
4 Extension of Act to Territories
This Act extends to every Territory of the Commonwealth.
4A Application of the Criminal Code
4A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
5 International organisations to which Act applies
5 International organisations to which Act applies
(1) The regulations may declare an organisation:
(a) of which Australia and a country or countries other than Australia are members; or
(b) that is constituted by a person or persons representing Australia and a person or persons representing a country or countries other than Australia; or
(c) of which 2 or more countries other than Australia are members; or
(d) that is constituted by 2 or more persons representing countries other than Australia;
to be an international organisation to which this Act applies.
(2) In determining whether a designated organisation is covered by paragraph (1)(b) or (d), a person is taken to represent a particular country if, and only if:
(a) the person has been nominated by an officer of the government of that country to be a member of that organisation; and
(b) the person is subject to direction by an officer of the government of that country as to how the person’s rights in relation to the person’s membership of the organisation are to be exercised (whether or not any such directions have been given).
(3) For the purposes of subsection (2), an organisation is a designated organisation unless:
(a) both:
(i) the organisation is established by an agreement to which Australia and one or more other countries are parties; and
(ii) the advancement of the interests of Australia and that other country or those other countries is, under the agreement, a function (whether express or implied) of the organisation; or
(b) both:
(i) the organisation is established by an agreement to which 2 or more countries other than Australia are parties; and
(ii) the advancement of the interests of those countries is, under the agreement, a function (whether express or implied) of the organisation.
(4) Subsections (2) and (3) are to be disregarded in determining the validity of regulations made before the commencement of this subsection.
(5) The regulations may provide that this Act (other than subsection (6)) has effect as if a specified organ of an international organisation to which this Act applies were, in the organ’s own right, an international organisation to which this Act applies.
Note: As a result of this subsection, the organ will not be treated as part of the first‑mentioned organisation.
(6) If:
(a) an organ of an international organisation to which this Act applies (the parent organisation):
(i) ceases to be an organ of the parent organisation; and
(ii) becomes a new organisation in its own right; and
(b) the new organisation is covered by paragraph (1)(a), (b), (c) or (d); and
(c) the new organisation is not the subject of a declaration under subsection (1); and
(d) the parent organisation is not declared by the regulations to be exempt from this subsection;
the new organisation is taken, by force of this subsection, to be an international organisation to which this Act applies throughout the period:
(e) beginning when it became a new organisation in its own right; and
(f) ending at whichever is the earlier of the following:
(i) the end of 12 months after the time when it became a new organisation in its own right;
(ii) the time when it became the subject of a declaration under subsection (1).
5A Overseas organisations to which Act applies
5A Overseas organisations to which Act applies
(1) Subject to subsection (2), the regulations may declare:
(a) an organisation the members of which are overseas countries in a particular geographical region;
(b) an organisation that is constituted by persons representing overseas countries in a particular geographical region; or
(c) an organisation established, or a group of organisations constituted, by:
(i) organisations the members of which are overseas countries in a particular geographical region; or
(ii) organisations that are constituted by persons representing overseas countries in a particular geographical region;
to be an overseas organisation to which this Act applies.
(2) An organisation shall not be declared by the regulations to be an overseas organisation to which this Act applies if:
(a) Australia is a member of the organisation; or
(b) the organisation is constituted by a person or persons representing Australia and a person or persons representing a country or countries other than Australia.
6 Privileges and immunities of certain international organisations and persons connected therewith
6 Privileges and immunities of certain international organisations and persons connected therewith
(1) Subject to this section, the regulations may, either without restriction or to the extent or subject to the conditions prescribed by the regulations:
(a) confer upon an international organisation to which this Act applies:
(i) juridical personality and such legal capacities as are necessary for the exercise of the powers and the performance of the functions of the organisation; and
(ii) all or any of the privileges and immunities specified in the First Schedule; or
(b) confer:
(i) upon a person who holds, or is performing the duties of, an office prescribed by the regulations to be a high office in an international organisation to which this Act applies all or any of the privileges and immunities specified in Part I of the Second Schedule; and
(ii) upon a person who has ceased to hold, or perform the duties of, such an office the immunities specified in Part II of the Second Schedule; or
(c) confer:
(i) upon a person who is accredited to, or is in attendance at an international conference convened by, an international organisation to which this Act applies as a representative of:
(A) a country other than Australia;
(B) another international organisation to which this Act applies; or
(C) an overseas organisation to which this Act applies;
all or any of the privileges and immunities specified in Part I of the Third Schedule; and
(ii) upon a person who has ceased to be accredited to such an organisation, or has attended such a conference, as such a representative the immunities specified in Part II of the Third Schedule; or
(d) confer:
(i) upon a person who holds an office in an international organisation to which this Act applies (not being an office prescribed by the regulations to be a high office) all or any of the privileges and immunities specified in Part I of the Fourth Schedule; and
(ii) upon a person who has ceased to hold such an office the immunities specified in Part II of the Fourth Schedule; or
(e) confer:
(i) upon a person who is serving on a committee, or is participating in the work, of an international organisation to which this Act applies or is performing, whether alone or jointly with other persons, a mission on behalf of such an organisation all or any of the privileges and immunities specified in Part I of the Fifth Schedule; and
(ii) upon a person who has served on such a committee or participated in such work or has performed such a mission the immunities specified in Part II of the Fifth Schedule; or
(f) confer:
(i) upon a person connected in a specified way with an international organisation to which this Act applies all or any of the privileges and immunities specified in Part I of the Second Schedule, Part I of the Third Schedule, Part I of the Fourth Schedule or Part I of the Fifth Schedule; and
(ii) upon a person who has ceased to be connected with such an organisation in that way the immunities specified in Part II of the Second Schedule, Part II of the Third Schedule, Part II of the Fourth Schedule or Part II of the Fifth Schedule.
(2) Regulations made for the purposes of this section may be of general application or may relate to:
(a) particular international organisations to which this Act applies; or
(b) particular offices or classes of offices; or
(c) particular conferences, committees or missions or classes of conferences, committees or missions; or
(d) representatives of particular countries, of particular international organisations to which this Act applies or of particular overseas organisations to which this Act applies; or
(e) particular classes of persons.
(2A) Without limiting this section, regulations made for the purposes of this section may prescribe a matter by reference to:
(a) a legislative instrument made by the Minister; or
(b) Australia’s international obligations; or
(c) an agreement to which Australia and one or more other countries, or 2 or more countries other than Australia, are parties (including by reference to kinds of persons referred to in such an agreement).
(3) Where by the regulations any privileges or immunities are conferred upon a person who is accredited to, or is in attendance at an international conference convened by, an international organisation to which this Act applies as a representative of:
(a) a country other than Australia;
(b) another international organisation to which this Act applies; or
(c) an overseas organisation to which this Act applies;
that person is entitled to the same privileges and immunities while travelling to a place for the purpose of presenting his or her credentials or of attending the conference or while returning from a place after ceasing to be so accredited or after attending the conference.
(4) Where by the regulations any privileges or immunities are conferred upon a person who is serving on a committee, or participating in the work, of an international organisation to which this Act applies or is performing, whether alone or jointly with other persons, a mission on behalf of such an organisation, that person is entitled to the same privileges and immunities
This is an opening excerpt, not the complete document.