International Organisations (Privileges and Immunities) Act 1963

SECTION 7   PRIVILEGES AND IMMUNITIES OF REPRESENTATIVES ATTENDING CERTAIN INTERNATIONAL CONFERENCES OR ENGAGED ON MISSIONS IN AUSTRALIA OR A TERRITORY  

7(1)    
Where:

(a)    an international conference is, or is to be, held in Australia or in a Territory of the Commonwealth; or

(b)    

a mission is, or is to be, sent by:

(i) a country other than Australia; or

(ii) an international organisation to which this Act applies or an overseas organisation to which this Act applies; or

(iii) an organisation (other than an organisation referred to in subparagraph (ii) ) upon which privileges and immunities have been conferred by regulations made for the purposes of this Act;

to Australia or to a Territory of the Commonwealth;

and it appears to the Governor-General that the provisions of this Act other than this section do not, or may not, apply in relation to that conference or mission but it is desirable that diplomatic privileges and immunities should be applicable in relation to that conference or mission, the regulations may declare the conference or mission, as the case may be, to be a conference or mission to which this section applies.

7(2)    

Subject to subsection (3) , where a conference or mission has been declared by the regulations to be a conference or mission to which this section applies:

(a)    

a person who is, or has been, a representative of:

(i) a country other than Australia; or

(ii) an international organisation to which this Act applies or an overseas organisation to which this Act applies; or

(iii) an organisation (other than an organisation referred to in subparagraph (ii) ) upon which privileges and immunities have been conferred by regulations made for the purposes of this Act;

at the conference or on the mission is, in respect of the period in which he or she is, or has been, such a representative, entitled to the privileges and immunities accorded to a diplomatic agent;

(b)    

a person who is, or has been, a member of the official staff of a person referred to in paragraph (a) during the whole or any part of the period referred to in that paragraph is entitled to the privileges and immunities accorded to a member of the administrative and technical staff of a diplomatic mission in respect of that period or that part of that period, as the case may be; and

(c)    

in the case of an international conference - a person who is, or has been, a member of the secretariat established for the purposes of the conference is entitled to immunity from suit and from other legal process in respect of acts and things done in his or her capacity as such a member.

7(3)    

A person who is, or has been, in attendance at an international conference, or engaged on a mission, to which this section applies as a representative, or as a member of the official staff of a representative, of:

(a)    a country other than Australia; or

(b)    

an international organisation to which this Act applies or an overseas organisation to which this Act applies; or

(c)    

an organisation (other than an organisation referred to in paragraph (b) ) upon which privileges and immunities have been conferred by regulations made for the purposes of this Act;

during a period when he or she is or was an Australian citizen, is not entitled under subsection (2) to any privileges or immunities in respect of that period, except in respect of acts and things done in his or her capacity as such a representative or member.

7(4)    

If:

(a)    regulations are made for the purposes of subsection (1) after the commencement of this subsection; and

(b)    those regulations are in force immediately before the end of the period of 12 months after they came into effect;

those regulations cease to be in force at the end of that 12-month period.

7(5)    

If:

(a)    regulations were made for the purposes of subsection (1) before the commencement of this subsection; and

(b)    those regulations are in force immediately before the end of the period of 12 months after the commencement of this subsection;

those regulations cease to be in force at the end of that 12-month period.