Explanatory Memorandum
Circulated By Authority of the Minister for Foreign Affairs The Hon. A. A. Street, M.P.Outline
This Bill will amend in two respects existing legislation relating to privileges and immunities which may be accorded in certain circumstances to persons associated with international organisations of which Australia is a member.
The existing legislation is the International Organizations (Privileges and Immunities) Act 1963 under which regulations may be made, consistent with policy in the area concerned, to accord certain privileges and immunities to (inter alia) persons attending conferences of international organisations in Australia as representatives of a member country.
International practice is that representatives of all members of an international organization be accorded privileges and immunities. Australia has ratified the Convention on the Conservation of Antarctic Marine Living Resources, to which some regional economic integration organisations could also become parties. The European Communities is expected to accede to the Convention as soon as it enters into force. The Convention establishes a Commission and other organs which will have their seat in Australia. Representatives of regional organisations, and other international organisations in which Australia participates, might attend meetings of those organs in Australia.
When the 1963 Act was drafted it was not contemplated that international organisations, as well as countries, would become members of other international organisations. The first amendment (Clauses 2 to 5) therefore makes provision for this development. The amendment provides that persons attending international conferences in Australia as representatives of defined classes of international organisations may be accorded the same privileges and immunities as those accorded to representatives of countries.
The second amendment (Clause 6) makes legislative provision to enable Australia to implement a taxation obligation under two specific Agreements - one establishing the Common Fund for Commodities and the other establishing the Asian Development Bank. At present Australia is not a party to any other agreement under which a similar concession could be made.