Chapter 1Introduction
Purpose of the bill
1.1The International Organisations (Privileges and Immunities) Amendment Bill 2023 (the bill) will amend the International Organisations (Privileges and Immunities) Act 1963 (the Act) to provide greater flexibility for the AustralianGovernment to grant privileges and immunities to international organisations and connected persons in Australia. The bill will enable international organisations of which Australia is not a member to be granted privileges and immunities and expand the category of officials connected to an international organisation to whom privileges and immunities can be conferred.
1.2Presently, the Act states that an organisation is unable to be declared as an ‘international organisation’, if Australia does not have membership or representation within that organisation, therefore deeming it an ‘overseas organisation’. Overseas organisations have limited privileges and immunities in comparison to that of an international organisation.
1.3The bill contains one schedule which the explanatory memorandum (EM), explains will amend the Act to:
declare an organisation of which Australia is not a member as an international organisation under the Act;
confer privileges and immunities on categories of officials not prescribed in the Act, where requested by an international organisation and agreed by Australia; and
more flexibly grant the privileges and immunities set out in Schedules 2-5 of the Act to international organisations and connected persons.
1.4The EM notes that the bill will not change the privileges and immunities contained in the Act, nor does it change the process by which the conferral of privileges and immunities on an organisation which generally occurs by way of regulations made by the Governor-General.
Background
1.5In 1993, the Act was passed in Australia to grant certain privileges and immunities to international organisations, overseas organisations and international conferences.
1.6The specification of the privileges and immunities granted to international organisations are set out in the First Schedule of the Act. This broadly covers, but is not limited to, the organisation’s immunity to property and asset legalities, taxation and currency exchange exemptions, inviolability of archives and absence of censorship for official correspondence and other official communications.
1.7As listed in the bills digest, the following organisations are examples of those that have been granted varied privileges and immunities:
United Nations
World Trade Organization
International Court of Justice
Asian Development Bank
International Mobile Satellite Organisation
European Economic Community
International Sea-Bed Authority
Organisation for Economic and Co-operation and Development.
Conduct of the inquiry
1.8On 21 June 2023, the bill was introduced into the Senate by the Assistant Minister for Education, Assistant Minister for Regional Development and Deputy Manager of Government Business in the Senate, SenatortheHon.AnthonyChisholm.
1.9On 3 August 2023, the Senate referred the bill to the Senate Foreign Affairs, Defence and Trade Legislation Committee (the committee) for inquiry and report by 30 August 2023. Details of the inquiry were made available on the committee’s website. The committee also contacted a number of organisations and individuals inviting written submissions by 14 August 2023.
Views on the bill
1.10The committee received two submissions to the inquiry. The Department of Foreign Affairs and Trade (the department) provided a highly supportive submission of the bill noting that:
Whilst the changes proposed to the Act through this Bill are minor, they are anticipated to provide a range of benefits to Australia.
1.11The department noted a range of benefits that potentially would flow from the conferral of privileges and immunities to organisations stating further that the bill ‘will adapt Australia’s domestic legal framework to facilitate Australia more effectively meeting its international obligations.’
1.12Mr Dominic WY Kanak provided the second submission to the inquiry. In his submission, Mr Kanak called for the inquiry period to be extended to allow for more consultation. Mr Kanak specifically noted his concerns regarding the extension of privileges and immunities to the Organisation Conjointe de Coopération enmatière d’Armement (OCCAR). OCCAR is an inter-governmental organisation that coordinates, controls and implements joint defence procurement programmes between its member states and other participating states. Australia is an observer to three OCCAR programmes.
Committee view
1.13The committee notes the views of both submitters. The committee also notes the consultation with relevant stakeholders that has already been undertaken by the Department of Foreign Affairs and Trade in the preparation of the bill.
1.14The committee considers that the proposed amendments to the Act are suitable and responsible and supports the bill’s progression.
1.15Recommendation 1
The committee recommends that the bill be passed.
Senator Raff Ciccone
Chair
Labor Senator for Victoria