SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS 1986 NO. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS 1986 NO. 67 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Act to apply to Specialized Agencies 4. Specialized Agencies to have juridical personality and legal capacities 5. Privileges and immunities of Specialized Agencies 6. Privileges and immunities of high officers of Specialized Agencies 7. Privileges and immunities of representatives to the Specialized Agencies 8. Privileges and immunities of officers (other than high officers) of Specialized Agencies 9. 10. Waiver of privileges and immunities SCHEDULE 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Specialized Agencies (Privileges and Immunities) Regulations. 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 2 Interpretation 2. In these Regulations, unless the contrary intention appears- "Specialized Agency" means an agency specified in Column 2 of an item in the Schedule; "the Act" means the International Organizations (Privileges and Immunities) Act 1963. 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 3 Act to apply to Specialized Agencies 3. Each Specialized Agency is declared to be an international organization to which the Act applies. 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 4 Specialized Agencies to have juridical personality and legal capacities 4. Each Specialized Agency- (a) is a body corporate with perpetual succession; (b) has the capacity to contract; and (c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and instituting legal proceedings. 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 5 Privileges and immunities of Specialized Agencies 5. (1) Subject to sub-regulations (3) and (4), each of the following Specialized Agencies, namely: (a) the International Monetary Fund; (b) the International Bank for Reconstruction and Development; (c) the International Finance Corporation; (d) the International Development Association, has the privileges and immunities specified in the First Schedule to the Act. (2) Subject to sub-regulations (3) and (4), a Specialized Agency, not being a Specialized Agency specified in sub-regulation (1), has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 11 and 12 of the First Schedule to the Act. (3) A Specialized Agency is not, by virtue of sub-regulation (1) or (2), as the case requires, exempt from such national, regional or municipal dues and taxes in respect of the premises of the Specialized Agency, whether owned or leased, as represent payment for specific services rendered. (4) Where goods (not being publications of the Specialized Agency) are imported, manufactured or purchased by a Specialized Agency for sale by it, sub-regulation (1) or (2), as the case requires, does not operate to prevent sales tax being payable in relation to the goods by the Specialized Agency or by any other person. 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 6 Privileges and immunities of high officers of Specialized Agencies 6. (1) The office, or each of the offices, specified in Column 3 of an item in the Schedule is declared to be a high office in the Specialized Agency specified in Column 2 of that item. (2) A person who holds, or is performing the duties of, a high office in a Specialized Agency has the privileges and immunities specified in Part I of the Second Schedule to the Act. (3) A person who has ceased to hold, or perform the duties of, a high office in a Specialized Agency has the immunities specified in Part II of the Second Schedule to the Act. 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 7 Privileges and immunities of representatives to the Specialized Agencies 7. (1) A person who is in attendance at an international conference convened by a Specialized Agency as a representative of a country (other than Australia) has the privileges and immunities specified in Part I of the Third Schedule to the Act. (2) A person who has attended an international conference convened by a Specialized Agency as a representative of a country (other than Australia) has the immunities specified in Part II of the Third Schedule to the Act. 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 8 Privileges and immunities of officers (other than high officers) of Specialized Agencies 8. (1) Subject to sub-regulation (2), a person who holds an office in a Specialized Agency, other than a person who holds, or is performing the duties of, an office specified in Column 3 of an item in the Schedule, has the privileges and immunities specified in Part I of the Fourth Schedule to the Act. (2) A person to whom sub-regulation (1) applies does not have the right to export furniture and effects free of duties when leaving Australia on the termination of his or her functions in relation to a Specialized Agency. (3) A person who has ceased to hold an office in a Specialized Agency, other than an office specified in Column 3 of an item in the Schedule, has the immunities specified in Part II of the Fourth Schedule to the Act. Privileges and immunities of persons performing missions for a Specialized Agency 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 9 9. (1) A person who is serving on a committee of a Specialized Agency to which this sub-regulation applies or is performing, whether alone or jointly with other persons, a mission on behalf of such a Specialized Agency has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5 and 6 of Part I of the Fifth Schedule to the Act. (2) Sub-regulation (1) applies to- (a) the Food and Agriculture Organization of the United Nations; (b) the World Health Organization; (c) the International Maritime Organization; (d) the World Intellectual Property Organization; (e) the International Fund for Agricultural Development; and (f) the United Nations Industrial Development Organization. (3) A person who is serving on a committee of a Specialized Agency to which this sub-regulation applies or is performing, whether alone or jointly with other persons, a mission on behalf of such a Specialized Agency has the privileges and immunities specified in paragraphs 1, 2, 3, 5 and 6 of Part I of the Fifth Schedule to the Act. (4) Sub-regulation (3) applies to- (a) the International Labour Organisation; and (b) the International Civil Aviation Organization. (5) A person who is serving on a committee of a Specialized Agency to which this sub-regulation applies or is performing, whether alone or jointly with other persons, a mission on behalf of such a Specialized Agency has the privileges and immunities specified in paragraphs 1, 2, 5 and 6 of Part I of the Fifth Schedule to the Act. (6) Sub-regulation (5) applies to the United Nations Educational, Scientific and Cultural Organization. (7) A person who has served on a committee of, or performed a mission for, a Specialized Agency to which this sub-regulation applies has the immunities specified in Part II of the Fifth Schedule to the Act. (8) Sub-regulation (7) applies to- (a) the International Labour Organisation; (b) the Food and Agriculture Organization of the United Nations; (c) the International Civil Aviation Organization; (d) the United Nations Educational, Scientific and Cultural Organization; (e) the World Health Organization; (f) the International Maritime Organization; (g) the World Intellectual Property Organization; and (h) the International Fund for Agricultural Development. 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS - REG 10 Waiver of privileges and immunities 10. (1) A Specialized Agency may waive any privileges and immunities to which- (a) the Specialized Agency; (b) a person who holds or has ceased to hold an office in the Specialized Agency; (c) a person who is serving, or has served, on a committee of the Specialized Agency; or (d) a person who is performing, or has performed, whether alone or jointly with other persons, a mission on behalf of the Agency, is entitled by virtue of the Act or these Regulations. (2) The government of a country referred to in regulation 7 may waive any privileges and immunities to which a person upon whom privileges and immunities are conferred by that regulation is entitled by virtue of the Act or these Regulations. 1986 No. 67 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES REGULATIONS - SCHEDULE SCHEDULE Regulations 2 and 6 SPECIALIZED AGENCIES-HIGH OFFICES ------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3 Item Agency Office ------------------------------------------------------------------------------ -- 1 International Labour Organisation Director-General of the International Labour Office Deputy Director-General of the International Labour Office Assistant Director-General of the International Labour Office 2 Food and Agriculture Organization of the United Nations Director-General Deputy Director-General Assistant Director-General 3 International Civil Aviation Organization Secretary-General of the Council President of the Council 4 United Nations Educational, Scientific and Cultural Organization Director-General Deputy Director-General 5 International Monetary Fund Managing Director 6 International Bank for Reconstruction and Development President 7 World Health Organization Director-General Deputy Director-General Assistant Director-General Regional Director 8 Universal Postal Union Director-General of the International Bureau 9 International Telecommunication Union Secretary-General 10 World Meteorological Organization Secretary-General 11 International Maritime Organization Secretary-General Deputy Secretary-General Secretary of the Maritime Safety Committee 12 International Finance Corporation President 13 International Development Association President 14 World Intellectual Property Organization Director-General Deputy Director-General 15 International Fund for Agricultural Development President Vice-President 16 United Nations Industrial Development Organization Director-General Deputy Director-General - NOTES 1986 No. 67*1* SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 24 April 1986.