GST within the meaning of section 195-1 of the GST Act; or

luxury car tax within the meaning of section 27-1 of the Luxury Car Tax Act; or

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 and: a person representing a country other than ; or a person representing an international organisation to which this Act applies or an overseas organisation to which this Act applies; or 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.

a person representing a country other than ; or

a person representing an international organisation to which this Act applies or an overseas organisation to which this Act applies; or

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.

international organisation to which this Act applies means:

an organisation that is the subject of a declaration under subsection 5(1); or

an organ specified for the purposes of subsection 5(5); or

an organ that is taken, by force of subsection 5(6), to be an international organisation to which this Act applies.

Investment Convention means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States signed by 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: is the subject of a declaration under subsection 5A(1); and is not an international organisation to which this Act applies.

is the subject of a declaration under subsection 5A(1); and

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.

an office within an international organisation to which this Act applies or an overseas organisation to which this Act applies; or

an organ of such an organisation; or

a commission, council or other body established by such an organisation or organ; or

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.

a country;

an international organisation to which this Act applies; or

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.

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

an adviser to, or expert assisting, such a representative;

shall each be deemed to be a member of the official staff of the representative.

of which and a country or countries other than are members; or

that is constituted by a person or persons representing Australia and a person or persons representing a country or countries other than Australia; or

of which 2 or more countries other than Australia are members; or

that is constituted by 2 or more persons representing countries other than Australia;

to be an international organisation to which this Act applies.

the person has been nominated by an officer of the government of that country to be a member of that organisation; and

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).

both:

the organisation is established by an agreement to which Australia and one or more other countries are parties; and

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

both:

the organisation is established by an agreement to which 2 or more countries other than Australia are parties; and

the advancement of the interests of those countries is, under the agreement, a function (whether express or implied) of the organisation.

(a) an organ of an international organisation to which this Act applies (the parent organisation):

ceases to be an organ of the parent organisation; and

becomes a new organisation in its own right; and

the new organisation is covered by paragraph (1)(a), (b), (c) or (d); and

the new organisation is not the subject of a declaration under subsection (1); and

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:

beginning when it became a new organisation in its own right; and

ending at whichever is the earlier of the following:

the end of 12 months after the time when it became a new organisation in its own right;

the time when it became the subject of a declaration under subsection (1).

an organisation the members of which are overseas countries in a particular geographical region;

an organisation that is constituted by persons representing overseas countries in a particular geographical region; or

an organisation established, or a group of organisations constituted, by:

organisations the members of which are overseas countries in a particular geographical region; or

organisations that are constituted by persons representing overseas countries in a particular geographical region;

to be an overseas organisation to which this Act applies.

is a member of the organisation; or

the organisation is constituted by a person or persons representing and a person or persons representing a country or countries other than .

confer upon an international organisation to which this Act applies:

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

all or any of the privileges and immunities specified in the First Schedule; or

confer:

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

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

confer:

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 ;

(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

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

confer:

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

upon a person who has ceased to hold such an office the immunities specified in Part II of the Fourth Schedule; or

confer:

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

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

confer:

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

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.

particular international organisations to which this Act applies; or

particular offices or classes of offices; or

particular conferences, committees or missions or classes of conferences, committees or missions; or

representatives of particular countries, of particular international organisations to which this Act applies or of particular overseas organisations to which this Act applies; or

particular classes of persons.

a legislative instrument made by the Minister; or

Australia’s international obligations; or

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).

a country other than ;

another international organisation to which this Act applies; or

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.

a country other than ;

another international organisation to which this Act applies; or

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.

a country other than ;

another international organisation to which this Act applies; or

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.

an international conference is, or is to be, held in or in a Territory of the Commonwealth; or

a mission is, or is to be, sent by:

a country other than ; or

an international organisation to which this Act applies or an overseas organisation to which this Act applies; or

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 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.

a person who is, or has been, a representative of:

a country other than ; or

an international organisation to which this Act applies or an overseas organisation to which this Act applies; or

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;

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

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.

a country other than ; or

an international organisation to which this Act applies or an overseas organisation to which this Act applies; or

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.

regulations are made for the purposes of subsection (1) after the commencement of this subsection; and

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.

regulations were made for the purposes of subsection (1) before the commencement of this subsection; and

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.

conciliators appointed to a Conciliation Commission; and

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.

a specified international tribunal; and

the members and officials of a specified international tribunal; and

experts and other persons engaged on missions by order of a specified international tribunal; and

the agents, advocates and counsel of parties in cases before a specified international tribunal; and

witnesses in cases before a specified international tribunal;

such privileges and immunities as are required to give effect to:

if the instrument by which the international tribunal is established relates to the privileges and immunities at the international tribunal—that instrument; or

if an agreement to which and one or more other countries are parties relates to the privileges and immunities of the international tribunal—that agreement.

has a judicial or quasi-judicial character; and

is established by or under an agreement to which and one or more other countries are parties;

but does not include:

the International Court of Justice established by the Charter of the United Nations; or

the International Criminal Court.

the International Criminal Court; and

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.

the International Committee of the Red Cross; and

persons of a kind referred to in the ICRC Arrangement;

such privileges and immunities as are required to give effect to that Arrangement.

an acquisition covered by regulations made for the purposes of this section is made:

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

at the time of the acquisition, it was intended for:

the official use of the organisation or the person; or

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.

in accordance with the conditions and limitations; and

within the period and in the manner;

set out in regulations made for the purposes of this section.

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

use:

a seal, emblem or device that is identical with the official seal or emblem of an international organisation to which this Act applies;

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

a seal, emblem or device that is capable of being taken to be the official seal or emblem of such an organisation.

is used as, or as part of, the name, seal or emblem of an association;

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

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:

if the association is a body corporate—the association; or

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.

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

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.

either:

the organisation is established by an instrument to which 2 or more countries are parties; or

an instrument to which and one or more other countries are parties recognises the organisation as having international legal personality; and

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.

(a) goods imported or exported by the organisation for its official use; and

(b) publications of the organisation imported or exported by it.

7. Exemption of the organisation from the liability to pay or collect taxes other than duties on the importation or exportation of goods and of the income, property, assets and transactions of the organisation from such taxes.

8. Exemption from taxes of obligations and securities issued or guaranteed by the organisation and of interest and dividends on such obligations and securities.

9. Exemption from prohibitions and restrictions on the importation or exportation of—

(a) goods imported or exported by the organisation for its official use; and

(b) publications of the organisation imported or exported by it.

10. The right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Australia), of any reduced rates applicable in relation to telegraphic communications by the press.

11. Absence of censorship for official correspondence and other official communications.

12. The right to use codes and to send and receive correspondence and other papers and documents by couriers or in sealed bags and to have any such couriers or bags treated as diplomatic couriers or diplomatic bags, as the case may be.

Second Schedule

Section 6

Part I

Privileges and Immunities of High Officer of International Organisation

The like privileges and immunities (including privileges and immunities in respect of a spouse and children under the age of twenty-one years) as are accorded to a diplomatic agent.

Part II

Immunities of Former High Officer of International Organisation

Immunity from suit and from other legal process in respect of acts and things done in his capacity as such an officer.

Third Schedule

Section 6

Part I

Privileges and Immunities of Representative accredited to, or attending Conference convened by, International Organisation

1. Immunity from personal arrest or detention.

2. Immunity from suit and from other legal process in respect of acts and things done in his capacity as such a representative.

3. Inviolability of papers and documents.

4. The right to use codes and send and receive correspondence and other papers and documents by couriers or in sealed bags.

5. Exemption (including exemption of the spouse of the representative) from immigration restrictions, alien registration and the obligation to perform national service.

6. Exemption from currency or exchange restrictions to such extent as is accorded to a representative of a foreign government on a temporary mission on behalf of that government.

7. The like privileges and immunities, not being privileges and immunities of a kind referred to in any of the preceding paragraphs, as are accorded to a diplomatic agent, other than exemption from—

(a) excise duties; and

(c) duties on the importation or exportation of goods not forming part of personal baggage.

Part II

Immunities of Former Representative accredited to, or attending Conference convened by, International Organisation

Immunity from suit and from other legal process in respect of acts and things done in his capacity as such a representative.

Fourth Schedule

Section 6

Part I

Privileges and Immunities of Officer (other than High Officer) of International Organisation

1. Immunity from suit and from other legal process in respect of acts and things done in his capacity as such an officer.

2. Exemption from taxation on salaries and emoluments received from the organisation.

3. Exemption (including exemption of a spouse and any dependent relatives) from immigration restrictions and alien registration.

4. Exemption from the obligation to perform national service.

5. Exemption from currency or exchange restrictions to such extent as is accorded to an official, of comparable rank, forming part of a diplomatic mission.

6. The like repatriation facilities (including repatriation facilities for a spouse and any dependent relatives) in time of international crisis as are accorded to a diplomatic agent.

7. The right to import furniture and effects free of duties when first taking up a post in and to export furniture and effects free of duties when leaving on the termination of his functions.

Part II

Immunities of Former Officer (other than High Officer) of International Organisation

Immunity from suit and from other legal process in respect of acts and things done in his capacity as such an officer.

Fifth Schedule

Section 6

Part I

Privileges and Immunities of Person serving on Committee or participating in Work of, or performing on behalf of, International Organisation

1. Immunity from personal arrest or detention.

2. Immunity from suit and from other legal process in respect of acts and things done in serving on the committee, participating in the work or performing the mission.

2A. Exemption from taxation on salaries and emoluments received from the organisation.

3. Inviolability of papers and documents.

4. The right, for the purpose of communicating with the organisation, to use codes and to send and receive correspondence and other papers and documents by couriers or in sealed bags.

5. Exemption from currency or exchange restrictions to such extent as is accorded to a representative of a foreign government on a temporary mission on behalf of that government.

6. The like privileges and immunities in respect of personal baggage as are accorded to a diplomatic agent.

Part II

Immunities of Person who has served on Committee or participated in Work of, or performed on behalf of, International Organisation

Immunity from suit and from other legal process in respect of acts and things done in serving on the committee, participating in the work or performing the mission.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history