Commonwealth legislation

SITA (Privileges and Immunities) Regulations

In ForceCTH

Jurisdiction

Commonwealth

Act Number

285 of 1989

Collection

legislative instrument

Plain English Summary

2/10 complexity

These regulations declare the Société Internationale de Télécommunications Aéronautiques (SITA) an international organisation under the International Organizations (Privileges and Immunities) Act 1963, giving it corporate legal personality, capacity to contract, property rights and specified privileges and immunities. It affects SITA, its officers, and Australian tax, customs and land authorities.

Those privileges include limited tax and legal exemptions (subject to residence, citizenship and a December 31, 1999 time limit) and a power allowing SITA to waive privileges. The measure changes how SITA is treated legally and fiscally in Australia.

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SITA (Privileges and Immunities) Regulations

Commonwealth Coat of Arms of Australia

Statutory Rules 1989 No. 2851

SITA (Privileges and Immunities)

Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the International Organizations (Privileges and Immunities) Act 1963.

Dated 25 October 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

John N. Button

Minister of State for Foreign Affairs and Trade

Citation

These Regulations may be cited as the SITA (Privileges and Immunities) Regulations.

Interpretation

In these Regulations, unless the contrary intention appears:

“SITA” means the organisation known as the Société Internationale de Telecommunications Aéronautiques;

“the Act” means the International Organizations (Privileges and Immunities) Act 1963.

Act to apply to SITA

SITA is declared to be an international organisation to which the Act applies.

(S.R. 328/89)—Cat. No. 14/17.10.1989

SITA to have juridical personality and legal capacities

SITA:

(a) is a body corporate; and

(b) has the capacity to contract; and

Privileges and immunities of SITA

5. (1) Subject to subregulation (2) and (3), SITA has the privileges and immunities specified in paragraphs 6 and 7 of the First Schedule to the Act.

(2) Subregulation (1) does not exempt SITA from the liability to pay dues or taxes in respect of premises it owns or leases if the dues or taxes represent payment for specific services rendered.

(3) Where goods are imported, manufactured or purchased by SITA, subregulation (1) does not prevent sales tax being payable in relation to the goods by SITA or by any other person.

Privileges of officers of SITA

(1) Subject to subregulation (2), a person who holds an office in SITA has, until the expiration of 31 December 1999, the privileges and immunities specified in paragraph 2 of Part I of the Fourth Schedule to the Act.

(2) The salary and emoluments received from SITA by a person:

(a) who holds an office in SITA; and

(b) who is a resident of Australia within the meaning of the Income Tax Assessment Act 1936;

are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person:

(d) came to Australia solely for the purpose of performing the duties of the office.

Waiver of privileges

SITA may waive any privileges to which it, or any of its officers, is entitled by virtue of the Act or these Regulations.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 October 1989.

Printed by Authority by the Commonwealth Government Printer

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 SITA (Privileges and Immunities) Regulations