Commonwealth Numbered Regulations - Explanatory Statements

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SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 240

Subsection 13 (1) of the International Organisations (Privileges and Immunities) Act 1963 (the Act) provides the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Section 6 of the Act, in part, permits privileges, immunities and legal capacities to be conferred upon prescribed international organisations and persons involved in the work therewith.

The World Tourism Organization (WTO) aims to promote and develop tourism with a view to contributing to economic development, international understanding, peace, prosperity and universal respect for human rights and fundamental freedoms. It has been agreed that Australia rejoin the WTO by adopting the WTO Statutes. Australia joined the WTO in 1979, but withdrew in 1990. Since then, the WTO has adopted policies which align more closely with Australian interests.

It is necessary to make regulations under the Act as the WTO Statutes require that member States provide the WTO privileges and immunities that are required for the WTO to perform its functions.

The Regulations confer upon the World Tourism Organization (WTO) juridical personality and legal capacity to enable it to perform its functions in Australia. They also confer various privileges and immunities on the WTO such as immunity from suit and exemption from customs and excise duties on goods imported or exported for official use. The Regulations also provide that the official premises, property, and documents of the WTO are inviolable. They also exclude the WTO from the indirect tax concession scheme.

The Regulations also provide privileges and immunities to the Secretary-General and Deputy Secretary-General of the WTO, similar to those accorded to diplomatic agents in Australia under the Diplomatic Privileges and Immunities Act 1967. They also provide officers and employees of the WTO with similar privileges and immunities to those accorded to consular officers in Australia under the Consular Privileges and Immunities Act 1972.

The Regulations commence on a day to be specified in a written determination made by the Minister for Foreign Affairs, in accordance with subsection 13(2) of the Act. This will allow the Regulations to be brought into effect on a day not earlier than the day on which Australia rejoins the WTO. The day of commencement will therefore be a day in the future.