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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
International Organisations (Privileges
and Immunities) Amendment Bill 2023
No. , 2023
(Foreign Affairs and Trade)
A Bill for an Act to amend the
International
Organisations (Privileges and Immunities) Act 1963
,
and for related purposes
No. , 2023
International Organisations (Privileges and Immunities) Amendment
Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Organisations to which Act applies
3
International Organisations (Privileges and Immunities) Act 1963
3
Schedule 2
--
Persons who are eligible for privileges and
immunities
5
International Organisations (Privileges and Immunities) Act 1963
5
Schedule 3
--
Privileges and immunities relating to immigration
7
International Organisations (Privileges and Immunities) Act 1963
7
No. , 2023
International Organisations (Privileges and Immunities) Amendment
Bill 2023
1
A Bill for an Act to amend the
International
1
Organisations (Privileges and Immunities) Act 1963
,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
International Organisations (Privileges and
6
Immunities) Amendment Act 2023
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
International Organisations (Privileges and Immunities) Amendment
Bill 2023
No. , 2023
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Organisations to which Act applies
Schedule 1
No. , 2023
International Organisations (Privileges and Immunities) Amendment
Bill 2023
3
Schedule
1--Organisations to which Act
1
applies
2
3
International Organisations (Privileges and Immunities) Act
4
1963
5
1 Subsection 3(1) (definition of
international organisation to
6
which this Act applies
)
7
Repeal the definition, substitute:
8
international organisation to which this Act applies
means:
9
(a) an organisation that is the subject of a declaration under
10
subsection 5(1); or
11
(b) an organ specified for the purposes of subsection 5(5); or
12
(c) an organ that is taken, by force of subsection 5(6), to be an
13
international organisation to which this Act applies.
14
Note:
Specification of an organ for the purposes of subsection 5(5) does not
15
affect subsection 5(6).
16
2 Subsection 3(1) (definition of
overseas organisation to
17
which this Act applies
)
18
Repeal the definition, substitute:
19
overseas organisation to which this Act applies
means an
20
organisation that:
21
(a) is the subject of a declaration under subsection 5A(1); and
22
(b) is not an international organisation to which this Act applies.
23
3 After subsection 3(2)
24
Insert:
25
(2A) For the purposes of this Act, and subject to subsection 5(5):
26
(a) an office within an international organisation to which this
27
Act applies or an overseas organisation to which this Act
28
applies; or
29
(b) an organ of such an organisation; or
30
Schedule 1
Organisations to which Act applies
4
International Organisations (Privileges and Immunities) Amendment
Bill 2023
No. , 2023
(c) a commission, council or other body established by such an
1
organisation or organ; or
2
(d) a committee, or sub-committee of a committee, of such an
3
organisation, organ, commission, council or other body;
4
is taken to be part of the organisation.
5
4 At the end of paragraph 5(1)(b)
6
Add "or".
7
5 After paragraph 5(1)(b)
8
Insert:
9
(c) of which 2 or more countries other than Australia are
10
members; or
11
(d) that is constituted by 2 or more persons representing
12
countries other than Australia;
13
6 Subsection 5(2)
14
After "
paragraph (
1)(b)", insert "or (d)".
15
7 Paragraphs 5(3)(a) and (b)
16
Repeal the paragraphs, substitute:
17
(a) both:
18
(i) the organisation is established by an agreement to which
19
Australia and one or more other countries are parties;
20
and
21
(ii) the advancement of the interests of Australia and that
22
other country or those other countries is, under the
23
agreement, a function (whether express or implied) of
24
the organisation; or
25
(b) both:
26
(i) the organisation is established by an agreement to which
27
2 or more countries other than Australia are parties; and
28
(ii) the advancement of the interests of those countries is,
29
under the agreement, a function (whether express or
30
implied) of the organisation.
31
8 Paragraph 5(6)(b)
32
Omit "or (b)", substitute ", (b), (c) or (d)".
33
Persons who are eligible for privileges and immunities
Schedule 2
No. , 2023
International Organisations (Privileges and Immunities) Amendment
Bill 2023
5
Schedule
2--Persons who are eligible for
1
privileges and immunities
2
3
International Organisations (Privileges and Immunities) Act
4
1963
5
1 At the end of subparagraphs 6(1)(a)(ii), (b)(ii) and (c)(ii)
6
Add "or".
7
2 Subparagraph 6(1)(d)(ii)
8
Omit "and", substitute "or"
.
9
3 At the end of subsection 6(1)
10
Add:
11
; or (f) confer:
12
(i) upon a person connected in a specified way with an
13
international organisation to which this Act applies all
14
or any of the privileges and immunities specified in
15
Part I of the Second Schedule, Part I of the Third
16
Schedule, Part I of the Fourth Schedule or Part I of the
17
Fifth Schedule; and
18
(ii) upon a person who has ceased to be connected with
19
such an organisation in that way the immunities
20
specified in Part II of the Second Schedule, Part II of the
21
Third Schedule, Part II of the Fourth Schedule or Part II
22
of the Fifth Schedule.
23
4 At the end of paragraphs 6(2)(a) and (b)
24
Add "or".
25
5 At the end of subsection 6(2)
26
Add:
27
; or (e) particular classes of persons.
28
6 After subsection 6(2)
29
Insert:
30
Schedule 2
Persons who are eligible for privileges and immunities
6
International Organisations (Privileges and Immunities) Amendment
Bill 2023
No. , 2023
(2A) Without limiting this section, regulations made for the purposes of
1
this section may prescribe a matter by reference to:
2
(a) a legislative instrument made by the Minister; or
3
(b)
Australia's international obligations; or
4
(c) an agreement to which Australia and one or more other
5
countries, or 2 or more countries other than Australia, are
6
parties (including by reference to kinds of persons referred to
7
in such an agreement).
8
Privileges and immunities relating to immigration
Schedule 3
No. , 2023
International Organisations (Privileges and Immunities) Amendment
Bill 2023
7
Schedule
3--Privileges and immunities
1
relating to immigration
2
3
International Organisations (Privileges and Immunities) Act
4
1963
5
1 Item 5 of Part I of the Third Schedule
6
Omit "the application of laws relating to immigration, the registration of
7
aliens", substitute "immigration restrictions, alien registration".
8
2 Item 3 of Part I of the Fourth Schedule
9
Omit "the application of laws relating to immigration and the
10
registration of aliens", substitute "immigration restrictions
and alien
11
registratio
n".
12