International Organisations (Privileges and Immunities) Act 1963

SECTION 6   PRIVILEGES AND IMMUNITIES OF CERTAIN INTERNATIONAL ORGANISATIONS AND PERSONS CONNECTED THEREWITH  

6(1)    
Subject to this section, the regulations may, either without restriction or to the extent or subject to the conditions prescribed by the regulations:

(a)    confer upon an international organisation to which this Act applies:

(i) juridical personality and such legal capacities as are necessary for the exercise of the powers and the performance of the functions of the organisation; and

(ii) all or any of the privileges and immunities specified in the First Schedule ; or

(b)    confer:

(i) upon a person who holds, or is performing the duties of, an office prescribed by the regulations to be a high office in an international organisation to which this Act applies all or any of the privileges and immunities specified in Part I of the Second Schedule ; and

(ii) upon a person who has ceased to hold, or perform the duties of, such an office the immunities specified in Part II of the Second Schedule ; or

(c)    

confer:

(i) upon a person who is accredited to, or is in attendance at an international conference convened by, an international organisation to which this Act applies as a representative of:

(A) a country other than Australia;

(B) another international organisation to which this Act applies; or

(C) an overseas organisation to which this Act applies;

all or any of the privileges and immunities specified in Part I of the Third Schedule ; and

(ii) upon a person who has ceased to be accredited to such an organisation, or has attended such a conference, as such a representative the immunities specified in Part II of the Third Schedule ; or

(d)    confer:

(i) upon a person who holds an office in an international organisation to which this Act applies (not being an office prescribed by the regulations to be a high office) all or any of the privileges and immunities specified in Part I of the Fourth Schedule ; and

(ii) upon a person who has ceased to hold such an office the immunities specified in Part II of the Fourth Schedule ; or

(e)    confer:

(i) upon a person who is serving on a committee, or is participating in the work, of an international organisation to which this Act applies or is performing, whether alone or jointly with other persons, a mission on behalf of such an organisation all or any of the privileges and immunities specified in Part I of the Fifth Schedule ; and

(ii) upon a person who has served on such a committee or participated in such work or has performed such a mission the immunities specified in Part II of the Fifth Schedule ; or

(f)    confer:

(i) upon a person connected in a specified way with an international organisation to which this Act applies all or any of the privileges and immunities specified in Part I of the Second Schedule , Part I of the Third Schedule, Part I of the Fourth Schedule or Part I of the Fifth Schedule ; and

(ii) upon a person who has ceased to be connected with such an organisation in that way the immunities specified in Part II of the Second Schedule , Part II of the Third Schedule, Part II of the Fourth Schedule or Part II of the Fifth Schedule .

6(2)    
Regulations made for the purposes of this section may be of general application or may relate to:

(a)    particular international organisations to which this Act applies; or

(b)    particular offices or classes of offices; or

(c)    particular conferences, committees or missions or classes of conferences, committees or missions; or

(d)    

representatives of particular countries, of particular international organisations to which this Act applies or of particular overseas organisations to which this Act applies; or

(e)    particular classes of persons.

6(2A)    
Without limiting this section, regulations made for the purposes of this section may prescribe a matter by reference to:

(a)    a legislative instrument made by the Minister; or

(b)    Australia ' s international obligations; or

(c)    an agreement to which Australia and one or more other countries, or 2 or more countries other than Australia, are parties (including by reference to kinds of persons referred to in such an agreement).

6(3)    

Where by the regulations any privileges or immunities are conferred upon a person who is accredited to, or is in attendance at an international conference convened by, an international organisation to which this Act applies as a representative of:

(a)    a country other than Australia;

(b)    another international organisation to which this Act applies; or

(c)    an overseas organisation to which this Act applies;

that person is entitled to the same privileges and immunities while travelling to a place for the purpose of presenting his or her credentials or of attending the conference or while returning from a place after ceasing to be so accredited or after attending the conference.

6(4)    
Where by the regulations any privileges or immunities are conferred upon a person who is serving on a committee, or participating in the work, of an international organisation to which this Act applies or is performing, whether alone or jointly with other persons, a mission on behalf of such an organisation, that person is entitled to the same privileges and immunities while travelling to a place for the purpose of serving on the committee or participating in that work or performing the mission or while returning from a place after serving on the committee or participating in that work or performing the mission.

6(5)    

Subject to subsection (6) , where by the regulations or by subsection (3) any privileges or immunities are conferred upon a person who is, or has been, a person accredited to, or in attendance at an international conference convened by, an international organisation to which this Act applies as a representative of:

(a)    a country other than Australia;

(b)    another international organisation to which this Act applies; or

(c)    an overseas organisation to which this Act applies;

a person who is, or has been during any period, a member of the official staff of the first-mentioned person is entitled, in respect of that period, to the same privileges and immunities.

6(6)    

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

(a)    a country other than Australia;

(b)    another international organisation to which this Act applies; or

(c)    an overseas organisation to which this Act applies;

or a member of the official staff of such a representative during the period when he or she is or was an Australian citizen is not entitled under this section or the regulations 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.