International Organisations (Privileges and Immunities) Act 1963

SECTION 5   INTERNATIONAL ORGANISATIONS TO WHICH ACT APPLIES  

5(1)    
The regulations may declare an organisation:

(a)    of which Australia and a country or countries other than Australia are members; or

(b)    that is constituted by a person or persons representing Australia and a person or persons representing a country or countries other than Australia; or

(c)    of which 2 or more countries other than Australia are members; or

(d)    that is constituted by 2 or more persons representing countries other than Australia;

to be an international organisation to which this Act applies.

5(2)    

In determining whether a designated organisation is covered by paragraph (1)(b) or (d) , a person is taken to represent a particular country if, and only if:

(a)    the person has been nominated by an officer of the government of that country to be a member of that organisation; and

(b)    the person is subject to direction by an officer of the government of that country as to how the person ' s rights in relation to the person ' s membership of the organisation are to be exercised (whether or not any such directions have been given).

5(3)    

For the purposes of subsection (2) , an organisation is a designated organisation unless:

(a)    both:

(i) the organisation is established by an agreement to which Australia and one or more other countries are parties; and

(ii) the advancement of the interests of Australia and that other country or those other countries is, under the agreement, a function (whether express or implied) of the organisation; or

(b)    both:

(i) the organisation is established by an agreement to which 2 or more countries other than Australia are parties; and

(ii) the advancement of the interests of those countries is, under the agreement, a function (whether express or implied) of the organisation.

5(4)    

Subsections (2) and (3) are to be disregarded in determining the validity of regulations made before the commencement of this subsection.

5(5)    

The regulations may provide that this Act (other than subsection (6) ) has effect as if a specified organ of an international organisation to which this Act applies were, in the organ ' s own right, an international organisation to which this Act applies.

Note:

As a result of this subsection, the organ will not be treated as part of the first-mentioned organisation.

5(6)    

If:

(a)    an organ of an international organisation to which this Act applies (the parent organisation ):

(i) ceases to be an organ of the parent organisation; and

(ii) becomes a new organisation in its own right; and

(b)    the new organisation is covered by paragraph (1)(a) , (b) , (c) or (d) ; and

(c)    the new organisation is not the subject of a declaration under subsection (1) ; and

(d)    the parent organisation is not declared by the regulations to be exempt from this subsection;

the new organisation is taken, by force of this subsection, to be an international organisation to which this Act applies throughout the period:

(e)    beginning when it became a new organisation in its own right; and

(f)    ending at whichever is the earlier of the following:

(i) the end of 12 months after the time when it became a new organisation in its own right;

(ii) the time when it became the subject of a declaration under subsection (1) .