DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 NO. 15, 1988 DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 NO. 15, 1988 - TABLE OF PROVISIONS 1. Short title 2. Commencement 3. 4. Application of amendments 5. Interpretation 6. Vienna Convention on Diplomatic Relations to have force of law 7. 8. References to the Minister for Industry, Technology and Commerce to replace references to the Minister for Industry and Commerce 9. 10. Application of amendments 11. Interpretation 12. 13. References to the Minister for Industry, Technology and Commerce to replace references to the Minister for Industry and Commerce SCHEDULE 1 SCHEDULE 2 DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - LONG TITLE An Act to amend the Diplomatic Privileges and Immunities Act 1967 and the Consular Privileges and Immunities Act 1972, and for related purposes DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 1 Short title (Assented to 11 May 1988) 1. This Act may be cited as the Diplomatic and Consular Privileges Amendment Act 1988. (Minister's second reading speech made in- House of Representatives on 17 February 1988 Senate on 17 March 1988) DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 2 Commencement 2. This Act commences on the day on which it receives the Royal Assent. DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 3 3. In this Part, "Principal Act" means the Diplomatic Privileges and Immunities Act 1967.*1* *1* No. 16, 1967, as amended. For previous amendments, see No. 69, 1972; No. 216, 1973; No. 91, 1976; No. 155, 1979; Nos. 41 and 70, 1980; Nos. 26 and 80, 1982; and No. 65, 1985. DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 4 Application of amendments 4. The amendments of the Principal Act made by sections 5 and 7 apply, and shall be deemed to have applied, in relation to purchases made on or after 1 July 1987. DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 5 Interpretation 5. Section 4 of the Principal Act is amended by inserting in subsection (1) the following definitions: " 'prescribed overseas country' means an overseas country prescribed by the regulations for the purposes of this definition; 'registered person' has the same meaning as in the Sales Tax Assessment Act (No. 1) 1930.". DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 6 Vienna Convention on Diplomatic Relations to have force of law 6. Section 7 of the Principal Act is amended by inserting in paragraph (2) (h) "and Trade" after "of Foreign Affairs". DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 7 7. After section 10 of the Principal Act the following section is inserted: Exemption from sales tax for prescribed overseas mission "10A. (1) Subject to this section, sales tax imposed under a law relating to sales tax is not payable in respect of goods that are: (a) purchased directly from a registered person by, or on behalf of, the head of a mission of a prescribed overseas country; (b) at the date of purchase, intended for the official use of the mission; and (c) the subject of an agreement between the head of the mission and the Commonwealth under subsection (3). "(2) Subsection (1) does not apply in respect of goods that are intended for the official use of a mission where, by virtue of subsection (1), sales tax was not payable on any other goods of the same kind, or of a similar kind, intended for the official use of the mission and the Treasurer, by instrument in writing, declares that, in his or her opinion, the reasonable requirements of the mission have been adequately met by the other goods. "(3) The head of a mission may agree with the Commonwealth that where, by virtue of subsection (1), sales tax is not payable on goods: (a) the head of the mission will, if the goods are sold or otherwise disposed of in Australia or in an external Territory within 2 years after the date of purchase, pay to the Commonwealth, unless the Treasurer otherwise determines, an amount equal to the sales tax that, but for subsection (1), would have been payable in respect of the goods; and (b) the head of the mission will, if the head or a former head of the mission has agreed to the condition set out in paragraph (a) in relation to other goods and has not fulfilled that condition-comply with such further conditions if any, as the Treasurer, by instrument in writing, determines (which may include a condition that the head of the mission gives security, satisfactory to the Treasurer, that he or she will comply with the agreement).". DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 8 References to the Minister for Industry, Technology and Commerce to replace references to the Minister for Industry and Commerce 8. The Principal Act is amended as set out in Schedule 1. DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 9 9. In this Part, "Principal Act" means the Consular Privileges and Immunities Act 1972.*2* *2* No. 62, 1972, as amended. For previous amendments, see No. 216, 1973; No. 91, 1976; No. 155, 1979; No. 70, 1980; Nos. 26, 80 and 115, 1982; No. 65, 1985; and No. 76, 1987. DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 10 Application of amendments 10. The amendments of the Principal Act made by sections 11 and 12 apply, and shall be deemed to have applied, in relation to purchases made on or after 1 July 1987. DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 11 Interpretation 11. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions: " 'prescribed overseas country' means an overseas country prescribed by the regulations for the purposes of this definition; 'registered person' has the same meaning as in the Sales Tax Assessment Act (No. 1) 1930.". DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 12 12. After section 8 of the Principal Act the following section is inserted: Exemption from sales tax for prescribed overseas consular post "8A. (1) Subject to this section, sales tax imposed under a law relating to sales tax is not payable in respect of goods that are: (a) purchased directly from a registered person by, or on behalf of, the head of a consular post of a prescribed overseas country; (b) at the date of purchase, intended for the official use of the consular post; and (c) the subject of an agreement between the head of the consular post and the Commonwealth under subsection (3). "(2) Subsection (1) does not apply in respect of goods that are intended for the official use of a consular post where, by virtue of subsection (1), sales tax was not payable on any other goods of the same kind, or of a similar kind, intended for the official use of the consular post and the Treasurer, by instrument in writing, declares that, in his or her opinion, the reasonable requirements of the consular post have been adequately met by the other goods. "(3) The head of a consular post may agree with the Commonwealth that where, by virtue of subsection (1), sales tax is not payable on goods: (a) the head of the consular post will, if the goods are sold or otherwise disposed of in Australia or in an external Territory within 2 years after the date of purchase, pay to the Commonwealth, unless the Treasurer otherwise determines, an amount equal to the sales tax that, but for subsection (1), would have been payable in respect of the goods; and (b) the head of the consular post will, if the head or a former head of the consular post has agreed to the condition set out in paragraph (a) in relation to other goods and has not fulfilled that condition-comply with such further conditions if any, as the Treasurer, by instrument in writing, determines (which may include a condition that the head of the consular post gives security, satisfactory to the Treasurer, that he or she will comply with the agreement).". DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SECT 13 References to the Minister for Industry, Technology and Commerce to replace references to the Minister for Industry and Commerce 13. The Principal Act is amended as set out in Schedule 2. DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SCHEDULE 1 SCHEDULE 1 Section 8 AMENDMENT OF THE DIPLOMATIC PRIVILEGES AND IMMUNITIES ACT 1967 TO REPLACE REFERENCES TO THE MINISTER FOR INDUSTRY AND COMMERCE WITH REFERENCES TO THE MINISTER FOR INDUSTRY, TECHNOLOGY AND COMMERCE The Diplomatic Privileges and Immunities Act 1967 is amended by omitting from the following provisions "Minister for Industry and Commerce" and substituting "Minister for Industry, Technology and Commerce": Subsection 8 (2), paragraphs 8 (3) (a) and (b), subsection 9 (2) and paragraphs 9 (3) (a) and (b). DIPLOMATIC AND CONSULAR PRIVILEGES AMENDMENT ACT 1988 No. 15 of 1988 - SCHEDULE 2 SCHEDULE 2 Section 13 AMENDMENT OF THE CONSULAR PRIVILEGES AND IMMUNITIES ACT 1972 TO REPLACE REFERENCES TO THE MINISTER FOR INDUSTRY AND COMMERCE WITH REFERENCES TO THE MINISTER FOR INDUSTRY, TECHNOLOGY AND COMMERCE The Consular Privileges and Immunities Act 1972 is amended by omitting from the following provisions "Minister for Industry and Commerce" and substituting "Minister for Industry, Technology and Commerce": Paragraph 6 (1) (a), subparagraphs 6 (1) (b) (i) and (ii), paragraphs 6 (2) (c) and 7 (2) (c), subsection 7 (3) and paragraphs 7 (4) (a) and (b).