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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Foreign
Affairs and Trade Legislation Amendment Bill
1997
No. ,
1997
(Foreign Affairs and
Trade)
A Bill for an Act to amend various
Acts relating to matters dealt with by the Department of Foreign Affairs and
Trade, and for other purposes
9710420—899/24.6.1997—(104/97) Cat. No. 96 9284 3 ISBN 0644
505796
Contents
Chemical Weapons (Prohibition) Act
1994 7fatlah1.html
Consular Privileges and Immunities Act
1972 7fatlah1.html
International Organizations (Privileges and Immunities) Act
1963 7fatlah1.html
Nuclear Non-Proliferation (Safeguards) Act
1987 7fatlah1.html
Passports Act
1938 7fatlah1.html
Administrative Decisions (Judicial Review) Act
1977 7fatlah1.html
Fringe Benefits Tax Assessment Act
1986 7fatlah1.html
Income Tax Assessment Act
1936 7fatlah1.html
Migration Act 1958 7fatlah1.html
A Bill for an Act to amend various Acts relating to
matters dealt with by the Department of Foreign Affairs and Trade, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Foreign Affairs and Trade Legislation
Amendment Act 1997.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) If the day on which the first supplementary IAEA agreement is signed
on behalf of Australia is a later day than the day on which this Act receives
the Royal Assent, the amendments of the Nuclear Non-Proliferation
(Safeguards) Act 1987 made by this Act commence on that later day.
(3) The
amendment of section 10 of the Passports Act 1938 made by this Act
commences on the 28th day after the day on which this Act receives the Royal
Assent.
(4) In this section:
Agency Agreement has the same meaning as in the Nuclear
Non-Proliferation (Safeguards) Act 1987.
IAEA agreement means an agreement between Australia and the
International Atomic Energy Agency, but does not include:
(a) the Agency Agreement; or
(b) an agreement that amends the text of the Agency Agreement.
supplementary IAEA agreement means an IAEA agreement that is
additional to the Agency Agreement.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended as set out in the applicable items in the Schedule concerned, and
any other item in a Schedule to this Act has effect according to its
terms.
Chemical
Weapons (Prohibition) Act 1994
1 After section 101
Insert:
An observer is to have such privileges and immunities as are prescribed
for the purposes of this section.
Consular
Privileges and Immunities Act 1972
2 Paragraph 5(2)(f)
Omit “Organizations”, substitute
“Organisations”.
International
Organizations (Privileges and Immunities) Act 1963
3 At the end of section 5
Add:
(2) In determining whether a designated organisation is covered by
paragraph (1)(b), 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) the organisation is established by an agreement to which Australia and
one or more other countries are parties; and
(b) 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.
(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) or (b);
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).
4 At the end of section 7
Add:
(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.
5 After section 9A
Insert:
(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 the
instrument by which the international tribunal is established.
(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 the International Court of Justice established by the
Charter of the United Nations.
6 After section 11
Insert:
(1) The regulations may provide that sales tax is not payable in respect
of goods if:
(a) the goods are for the official use of an international organisation to
which this Act applies; and
(b) the organisation has its headquarters in Australia.
(2) Regulations made for the purposes of subsection (1) may be of general
application or may relate to particular international organisations to which
this Act applies.
(3) Regulations made for the purposes of subsection (1) may provide for an
exemption from sales tax, either:
(a) unconditionally; or
(b) subject to any limitations or conditions specified in the
regulations.
(4) The regulations may deal with the waiver of an exemption provided for
by regulations made for the purposes of subsection (1).
(5) This section and section 6 do not limit each other.
7 After section 12
Insert:
(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.
8 At the end of section 13
Add:
(2) Regulations under this Act may be expressed to take effect 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 paragraph 48(1)(b) of
the Acts Interpretation Act 1901 or subsection 9(1) of the Legislative
Instruments Act 1997.
(4) If a determination under subsection (2) is made after the commencement
of the Legislative Instruments Act 1997, the determination is a
legislative instrument for the purposes of that Act.
9 General amendments—spelling of
“organisation”
The following provisions of the International Organizations (Privileges
and Immunities) Act 1963 are amended by omitting “organization”
(wherever occurring), “Organization” (wherever occurring),
“organizations” (wherever occurring),
“Organizations” (wherever occurring) and
“Organizations” (wherever occurring) and substituting
“organisation”, “Organisation”,
“organisations”, “Organisations” and
“Organisations” respectively:
(a) title;
(b) section 1;
(c) section 3;
(d) section 5;
(e) section 5A;
(f) section 6;
(g) section 7;
(h) section 9A;
(i) section 10;
(j) section 12;
(k) the First Schedule;
(l) the Second Schedule;
(m) the Third Schedule;
(n) the Fourth Schedule;
(o) the Fifth Schedule.
Note: The headings to sections 5, 5A, 6 and 12 of the
International Organization (Privileges and Immunities) Act 1963 are
altered by omitting “organizations” and substituting
“organisations”.
10
Transitional—organisations with headquarters in Australia—repayment
of amounts relating to sales tax
(1) If:
(a) any regulations are made for the purposes of section 11A of the
International Organisations (Privileges and Immunities) Act 1963 within
90 days after the commencement of this item; and
(b) those regulations apply to an international organisation;
and
(c) the organisation had its headquarters in Australia as at
1 January 1997; and
(d) at a time before those regulations came into effect, goods were sold
to the organisation for its official use; and
(e) the seller has paid sales tax to the Commonwealth in respect of the
sale; and
(f) at the time of the sale, there was no sales tax ruling that:
(i) applied to the sale; and
(ii) contained an express reference to the organisation; and
(g) within 90 days after those regulations took effect, the organisation
gives the Commissioner of Taxation a written claim for the payment of an amount
equal to the sales tax paid by the seller; and
(h) the organisation gives the Commissioner of Taxation such information
about the claim as the Commissioner of Taxation requires;
the Commissioner of Taxation must, on behalf of the Commonwealth, pay to
the organisation an amount equal to the sales tax paid by the seller.
(2) Paragraph (1)(d) applies to a sale even if the sale occurred before the
commencement of this item.
(3) This item does not prevent 2 or more claims from being set out in the
same document.
(4) The Consolidated Revenue Fund is appropriated for the purposes of
subitem (1).
Nuclear
Non-Proliferation (Safeguards) Act 1987
11 Subsection 3(1)
After “Agency Agreement”, insert “, the Supplementary
Agency Agreements”.
12 Subsection 4(1) (definition of Agency
Agreement)
Omit all the words after “Schedule 3,”, substitute:
and:
(a) subject to subsection (3), includes that Agreement as amended from
time to time; and
(b) subject to section 4A, includes that Agreement as modified from time
to time by the Supplementary Agency Agreements.
13 Subsection 4(1)
Insert:
amendment, in relation to a document, means an amendment of
the text of the document.
14 Subsection 4(1)
Insert:
Supplementary Agency Agreement has the meaning given by
section 4A.
15 At the end of section 4
Add:
(10) A reference in this Act to an inspection by an Agency inspector
includes a reference to access by the inspector.
16 After section 4
Insert:
(1) For the purposes of this Act, Supplementary Agency
Agreement means an IAEA agreement that is additional to the Agency
Agreement, and includes such an IAEA agreement as amended from time to
time.
(2) An IAEA agreement, or an amendment of an IAEA agreement, does not have
effect for the purposes of this Act unless the agreement or amendment, as the
case may be, is declared by the regulations to have effect for the purposes of
this Act.
(3) An IAEA agreement, or an amendment of an IAEA agreement, takes effect
for the purposes of this Act from:
(a) the day on which the regulations referred to in subsection (2) take
effect; or
(b) such later day as is specified in those regulations.
(4) In this section:
IAEA agreement means an agreement between Australia and the
International Atomic Energy Agency, but does not include:
(a) the Agency Agreement; or
(b) an agreement that amends the Agency Agreement.
17 Paragraph 8(3)(a)
After “Agency Agreement”, insert “, a Supplementary
Agency Agreement”.
18 At the end of subsection
13(6)
Add “or a Supplementary Agency Agreement”.
19 Paragraph 43(b)
After “Agency Agreement”, insert “, the Supplementary
Agency Agreements”.
20 Subsection 57(2)
After “Agency Agreement”, insert “or a Supplementary
Agency Agreement”.
21 Paragraph 59(1)(e)
Omit “Articles 71 to 90 (inclusive) of the Agency Agreement”,
substitute “the Agency Agreement or a Supplementary Agency
Agreement”.
22 Paragraph 60(1)(h)
Omit “Articles 71 to 90 (inclusive) of the Agency Agreement”,
substitute “the Agency Agreement or a Supplementary Agency
Agreement”.
23 Subsection 60(2)
Omit “Articles 71 to 90 (inclusive) of the Agency Agreement”,
substitute “the Agency Agreement or a Supplementary Agency
Agreement”.
24 Paragraph 60(3)(b)
Omit “Articles 71 to 90 (inclusive) of the Agency Agreement”,
substitute “the Agency Agreement or a Supplementary Agency
Agreement”.
25 Subsection 70(4)
After “Agency Agreement”, insert “, the Supplementary
Agency Agreements”.
26 Subsection 10(1)
After “knowingly”, insert “or
recklessly”.
Administrative
Decisions (Judicial Review) Act 1977
1 Paragraph (c) of Schedule
2
Omit “Organizations”, substitute
“Organisations”.
Fringe
Benefits Tax Assessment Act 1986
2 Paragraph 55(a)
Omit “Organizations”, substitute
“Organisations”.
Income
Tax Assessment Act 1936
3 Paragraph 23AG(2)(e)
Omit “Organizations”, substitute
“Organisations”.
4 Subparagraph 97(3)(c)(ii)
Omit “Organizations”, substitute
“Organisations”.
5 Section 102M (paragraph (ba) of the definition
of exempt entity)
Omit “Organizations”, substitute
“Organisations”.
6 Subsection 121F(1) (paragraph (cb) of the
definition of relevant exempting provision)
Omit “Organizations”, substitute
“Organisations”.
7 Subsection 160K(1) (paragraph (bc) of the
definition of relevant exempting provision)
Omit “Organizations”, substitute
“Organisations”.
8 Paragraph 280(6)(c)
Omit “organization”, substitute
“organisation”.
9 Subsection 280(7) (definition of member of
an office of an international organization)
Repeal the definition, substitute:
member of an office of an international organisation means
the holder of an office in, an employee of, or a voluntary worker for, a body
that, under section 3 of the International Organisations (Privileges and
Immunities) Act 1963, is an international organisation within the meaning of
that Act.