Commonwealth Numbered Regulations - Explanatory Statements

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NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE PACIFIC (PRIVILEGES ANDIMMUNITIES) REGULATIONS 1998 1998 NO. 66

Statutory Rules 1998 No. 66

Issued by the Authority of the Minister for Foreign Affairs

International Organisations (Privileges and Immunities) Act 1963

Network of Aquaculture Centres in Asia and the Pacific (Privileges and Immunities) Regulations 1998

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 the Act to be prescribed, or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

The Network of Aquaculture Centres in Asia and the Pacific (NACA) was established by an Agreement adopted by the Conference of Plenipotentiaries convened by the Council of the Food and Agriculture Organisation of the United Nations on 8 January 1988 (Agreement). The Agreement entered into force on the 11 January 1990. The Agreement requires parties to extend certain privileges and immunities to NACA and its officers.

The Prime Minister and all relevant Ministers have approved Australia's accession to the Agreement. The deposit of the Instrument of Accession has been deferred pending the implementation of the Network of Aquaculture Centres in Asia and the Pacific (Privileges and Immunities) Regulations (Regulations).

It is necessary to make regulations under the Act which will declare NACA to be an "international organisation" to which the Act applies, and to confer upon NACA and persons associated with it, privileges and immunities pursuant to sections 6 and 7 of the Act.

The Regulations grant NACA 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 NACA including immunity from suit, exemption from currency and exchange restrictions, exemption from customs and excise duties on goods imports or exported for official use. They also provide that the official premises, property, documents and archives of NACA be inviolable.

However NACA is not exempt from any taxes on securities issued or guaranteed by it, or on dividends or interest on such securities. NACA is also required to pay any costs or taxes associated with premises owned, leased or occupied by it.

The Regulations provide privileges and immunities to the Coordinator. of NACA, which are similar to those accorded to diplomatic agents in Australia under the Diplomatic Privileges and Immunities Act 1967 which gives effect to the Vienna Convention on Diplomatic Relations. The Regulations also provide office holders, officers and employees of NACA with similar privileges and immunities to those accorded under the Consular Privileges and Immunities Act 1972 which gives effect to the Vienna Convention on Consular Relations.

The Regulations provide that office holders, officers and employees of NACA be exempt from civil and administrative jurisdiction of Australian courts in respect of official acts. They also provide that such person be exempt from certain forms of taxation (not including income tax of sales tax) and be exempt from customs and excise duties on goods imported or exported for official and personal use.

However the privileges or immunities do not extend to Australian citizens or permanent residents employed by NACA.

The Regulations will take effect on a day to be specified in a written determination of the Minister under sub-section 13 (2) of the Act. The day of commencement must not be earlier than the day on which the instrument becomes effective for Australia. The day of commencement will therefore be a day in the future.