Commonwealth Numbered Regulations - Explanatory Statements

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INTERNATIONAL INSTITUTE FOR DEMOCRACY AND ELECTORAL ASSISTANCE (PRIVILEGESAND IMMUNITIES) REGULATIONS 1997 NO. 331

EXPLANATORY STATEMENT

Statutory Rules 1997 No. 331

Issued by the Authority of the Minister for Foreign Affairs

International Organisations (Privileges and Immunities) Act 1963

International Institute for Democracy and Electoral Assistance (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 Institute for Democracy and Electoral Assistance ("IIDEA") was established as in international organisation by an agreement concluded at Stockholm on 27 February 1995 and signed for Australia on 10 November 1995. The agreement will enter into force for Australia 30 days after notification by Australia that the necessary formalities have been completed.

The Regulations have been so drafted as to be comparable with IIDEA's Headquarters Agreement with Sweden. No activities of IIDEA in Australia are currently foreseen, but it is likely that officials of the Institute would make short-term visits to Australia from time to time.

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

The Regulations confer upon IIDEA 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 IIDEA including immunity from suit, exemption from currency and exchange restrictions, exemption from customs and excise duties on goods imported or exported for official use. IIDEA is not made exempt, however, from any taxes on securities issued or guaranteed by it, or on dividends or interest on such securities. IIDEA is also required to pay any costs or taxes associated with premises owned, leased or occupied by it.

The Regulations also provide privileges and immunities to the Secretary-General of IIDEA, which are similar to those accorded to diplomatic agents in Australia under the Diplomatic Privileges and Immunities Act 1967. Former Secretaries-General retain immunity from suit and from other legal process in respect of acts done in their capacity as such an officer. Like provisions extend to representatives of other countries attending conferences in Australia convened by IIDEA.

The Regulations further provide officeholders and other staff members of IIDEA 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 IIDEA 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 IIDEA to be an international organisation to which the Act applies.

Regulation 4 gives IIDEA juridical personality and legal capacities.

Regulation 5 gives IIDEA certain privileges and immunities listed in the Act, excluding immunity in relation to motor vehicle accidents and offences.

Regulation 6 gives the Secretary-General similar privileges and immunities as are accorded to a diplomatic agent, unless he/she is an Australian citizen, in which case the immunity is confined to actions performed in the course of official duties.

Regulation 7 gives representatives of other countries attending conferences convened by IIDEA certain privileges and immunities listed in the Act, excluding immunity in relation to motor vehicle accidents and offences.

Regulation 8 gives officers of IDEA 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 gives other staff members of IDEA, including experts working with IIDEA who do not fall under the coverage of Regulation 7 or 8, who are not Australian citizens or residents certain privileges and immunities listed in the Act, excluding immunity in relation to motor vehicle accidents and offences.

Regulation 10 allows the privileges and immunities given by other regulations to be waived by IIDEA, the Secretary-General or certain foreign governments.

Regulation 11 provides that the privileges and immunities given by other regulations is subject to Australian quarantine, import and export and public order laws.

The Regulations commence on Gazettal.


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