Commonwealth Numbered Regulations - Explanatory Statements

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INTERNATIONAL HYDROGRAPHIC ORGANISATION (PRIVILEGES AND IMMUNITIES)REGULATIONS 1997 NO. 330

Statutory Rules 1997 No. 330

Issued by the Authority of the Minister for Foreign Affairs

International Organisations (Privileges and Immunities) Act 1963

International Hydrographic Organisation (Privileges and Immunities) Regulations

Section 13 of the International Organisations (Privileges and Immunities) Act 1963 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

The International Hydrographic Organization ("IHO") was established as an international organisation pursuant to Article 1 of the Convention on the International Hydrographic Organisation. Australia signed the Convention on 3 May 1967 and ratified it on 25 November 1968. The Convention entered into force on 22 September 1970.

In accordance with the Convention, the Regulations made under the Act declare the IHO to be an international organisation to which the Act applies, and confer upon the IHO, and persons Associated with it, privileges and immunities pursuant to section 6 of the Act.

The Regulations confer upon the IHO legal personality and capacity to enable it to exercise its powers and to perform its functions in Australia. They also confer various privileges and immunities on the IHO including immunity from suit, exemption from currency and exchange restrictions, exemption from customs and excise duties on goods imported or exported for official use. The IHO is not made exempt, however, from the recovery of damages resulting from any accident in which a motor vehicle owned by, or operated on behalf of, the Organisation is involved. The IHO is also not made immune from suit with respect to contracts for the supply of goods and services, guarantees of indemnity or loans entered into by the Organisation.

The Regulations also provide privileges and immunities to members of the Directing Committee of the IHO, which are similar to those accorded to diplomatic Agents in Australia under the Diplomatic Privileges and Immunities Act 1967. Former members of the Directing Committee retain immunity from suit and from other legal process in respect of acts done in their capacity as such an officer.

The Regulations further provide officeholders of the IHO with more limited privileges and immunities, including immunity from suit in respect of official acts. They also provide for such persons to be exempt from certain forms of taxation and from customs and excise duties on goods imported or exported for official and personal use. These privileges and immunities; do not extend, however, to Australian citizens or residents employed by the IHO in respect of work done in Australia.

Details of the Regulations are as follows:

Regulation 1 is a citation clause.

Regulation 2 is an interpretation provision.

Regulation 3 declares the IHO to be an international organisation to which the Act applies.

Regulation 4 gives the IHO juridical personality and legal capacities.

Regulation 5 gives the IHO certain privileges and immunities listed in the Act.

Regulation 6 limits the immunities conferred on the IHO in Regulation 5 in relation to motor vehicle accidents, certain contracts, loans or guarantees of indemnity entered into by the IHO, counter claims against the IHO in proceedings which it has instituted, the payment of salaries or wages, and any other matter in which the IHO waives its immunity.

Regulation 7 gives the members of the Directing Committee similar privileges and immunities as are accorded to a diplomatic agent.

Regulation 8 gives officers of the IHO certain privileges and immunities listed in the Act, excluding immunity in relation to motor vehicle accidents and offences. A number of additional privileges and immunities are given to those officers who are not Australian citizens or residents of Australia.

Regulation 9 allows the privileges and immunities given by other regulations to be waived by the IHO, or the President of the Directing Committee.

Regulation 10 provides that the privileges and immunities given by other regulations are subject to Australian quarantine, import and export and public order laws.

The Regulations commence on Gazettal.