Commonwealth Numbered Acts

FOREIGN AFFAIRS AND TRADE LEGISLATION AMENDMENT ACT 1997 No. 150 of 1997 - SCHEDULE 1

Schedule 1-Amendments of Acts relating to matters dealt
with by the Department of Foreign Affairs and Trade
Chemical Weapons (Prohibition) Act 1994 1 After section 101
Insert: 101A Privileges and immunities of observers
An observer is to have such privileges and immunities as are prescribed for
the purposes of this section. Consular Fees Act 1955 2 Title
After "Officers" (second occurring), insert "and Employees". 3 Paragraph 3(b)
Omit "of Foreign Affairs". 4 Paragraph 3(b)
Omit "that", substitute "the". 5 At the end of section 3
Add:
; or (c) an employee of the Commonwealth authorised, in writing, by the
Secretary to the Department; or

   (d)  an employee of the Australian Trade Commission authorised, in writing,
        by the Secretary to the Department.
        Consular Privileges and Immunities Act 1972 6 Paragraph 5(2)(f)
Omit "Organizations", substitute "Organisations". International Organizations
(Privileges and Immunities) Act 1963 7 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). 8 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. 9
        After section 9A
Insert: 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 the
        International Court of Justice established by the Charter of the
        United Nations. 10 After section 11
Insert: 11A Exemption from sales tax

(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. 11 After section 12
Insert: 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. 12 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. 13 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". 14 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 15 Subsection 3(1)
After "Agency Agreement", insert ", the Supplementary Agency Agreements". 16
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. 17 Subsection 4(1)
Insert:
amendment, in relation to a document, means an amendment of the text of the
document. 18 Subsection 4(1)
Insert:
Supplementary Agency Agreement has the meaning given by section 4A. 19 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. 20 After section 4
Insert: 4A Supplementary Agency Agreements

(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. 21 Paragraph 8(3)(a)
After "Agency Agreement", insert ", a Supplementary Agency Agreement". 22 At
the end of subsection 13(6)
Add "or a Supplementary Agency Agreement". 23 Paragraph 43(b)
After "Agency Agreement", insert ", the Supplementary Agency Agreements". 24
Subsection 57(2)
After "Agency Agreement", insert "or a Supplementary Agency Agreement". 25
Paragraph 59(1)(e)
Omit "Articles 71 to 90 (inclusive) of the Agency Agreement", substitute "the
Agency Agreement or a Supplementary Agency Agreement". 26 Paragraph 60(1)(h)
Omit "Articles 71 to 90 (inclusive) of the Agency Agreement", substitute "the
Agency Agreement or a Supplementary Agency Agreement". 27 Subsection 60(2)
Omit "Articles 71 to 90 (inclusive) of the Agency Agreement", substitute "the
Agency Agreement or a Supplementary Agency Agreement". 28 Paragraph 60(3)(b)
Omit "Articles 71 to 90 (inclusive) of the Agency Agreement", substitute "the
Agency Agreement or a Supplementary Agency Agreement". 29 Subsection 70(4)
After "Agency Agreement", insert ", the Supplementary Agency Agreements".
Passports Act 1938 30 Subsection 10(1)
After "knowingly", insert "or recklessly".