OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995
Making Information - Assented to 28 June 1995
OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - TABLE OF PROVISIONS
CONTENTS Section 1. Short title 2. Commencement 3. Amendments SCHEDULE 1 AUSTRALIAN PROTECTIVE SERVICE ACT 1987 SCHEDULE 2 CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 SCHEDULE 3 DIPLOMATIC AND CONSULAR MISSIONS ACT 1978 SCHEDULE 4 PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971 OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - LONG TITLE
An Act to make consequential amendments relating to the Overseas Missions (Privileges and Immunities) Act 1995 OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SECT 1 Short title
1. This Act may be cited as the Overseas Missions (Privileges and Immunities) (Consequential Amendments) Act 1995. (Minister's second reading speech made in- Senate on 29 March 1995 House of Representatives on 21 June 1995) OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SECT 2 Commencement
2. This Act commences on the day on which it receives the Royal Assent. OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SECT 3 Amendments
3. The Acts specified in the Schedules are amended as set out in the Schedules. OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SCHEDULE 1
SCHEDULE 1 Section 3 AUSTRALIAN PROTECTIVE SERVICE ACT 1987 1. After paragraph 6(2)(a): Insert: "(ab) the protection of property in which a designated overseas mission has an interest;". 2. Paragraph 6(2)(e): After "(a)," insert "(ab),". 3. After subsection 6(3): Insert: "(3A) Without limiting the generality of paragraph (2)(ab), a designated overseas mission is taken, for the purposes of that paragraph, to have an interest in any property: (a) that it owns, occupies or uses; or (b) that is in its possession or under its control.". 4. Subsection 6(5): Insert: " 'designated overseas mission' has the same meaning as in the Overseas Missions (Privileges and Immunities) Act 1995;". OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SCHEDULE 2
SCHEDULE 2 Section 3 CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 1. Subsection 3(2): Omit the subsection. 2. After section 3: Insert: Extended meaning of "internationally protected person" "3A.(1) For the purposes of this Act, the definition of 'internationally protected person' in paragraph 1 of article 1 of the Convention has effect as if the reference in that definition to a Head of State included, in relation to Australia, the Governor-General. "(2) For the purposes of this Act, the definition of 'internationally protected person' in paragraph 1 of article 1 of the Convention has effect as if that definition included, in prescribed circumstances, the following persons: (a) a prescribed representative or official of Australia; (b) a prescribed representative or official of a prescribed state other than Australia; (c) a prescribed official or agent of a prescribed international organisation, where the organisation is of an intergovernmental character; (d) a prescribed official of a prescribed designated overseas mission; (e) a member of the family of a person covered by paragraph (a), (b), (c) or (d), where the family member is part of the person's household.
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Note 1: A person may be prescribed by name, by reference to the holding of a specified office or position or by reference to membership of a specified class. Note 2: A thing may be prescribed by name or by reference to membership of a specified class. "(3) The Governor-General may make regulations for the purposes of this section. "(4) In this section: 'designated overseas mission' has the same meaning as in the Overseas Missions (Privileges and Immunities) Act 1995; 'official', in relation to a designated overseas mission, means: (a) the head of the mission; or (b) a member of the staff of the mission.". 3. Section 17: Repeal the section. OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SCHEDULE 3
SCHEDULE 3 Section 3 DIPLOMATIC AND CONSULAR MISSIONS ACT 1978 1. Title: Add at the end "and to prevent the improper use of signs and titles of designated overseas missions". 2. Subsection 3(1): Insert: " 'authorised capacity', in relation to a designated overseas mission, means a capacity specified in an instrument in force under paragraph 4(1)(b) of the Overseas Missions (Privileges and Immunities) Act 1995, where the instrument relates to the mission; 'designated overseas mission' has the same meaning as in the Overseas Missions (Privileges and Immunities) Act 1995; 'foreign territory' has the same meaning as in the Overseas Missions (Privileges and Immunities) Act 1995; 'mission' means a mission, agency or office;". 3. Paragraph 4(1)(a): Omit the paragraph, substitute: "(a) from engaging, or attempting to engage, in conduct that: (i) is, in relation to a diplomatic or consular mission established in Australia with the consent of the Commonwealth, conduct to which this subsection applies by virtue of subsection (2); or (ii) is, in relation to a designated overseas mission of a foreign territory, conduct to which this subsection applies by virtue of subsection (2A) or (2B);". 4. Paragraph 4(2)(b): Omit "country.", substitute "country;". 5. Subsection 4(2): Add at the end (starting on a new line after the end of paragraph 4(2)(b)): "other than: (c) conduct engaged in by a member of the staff (including the head) of a designated overseas mission in carrying out an authorised capacity of the designated overseas mission; or (d) conduct engaged in at the request or direction of a member of the staff (including the head) of a designated overseas mission, where the conduct would have been covered by paragraph (c) if it had been engaged in by that staff member.". 6. After subsection 4(2): Insert: "(2A) A person engages in conduct that is, in relation to a designated overseas mission of a foreign territory, conduct to which subsection (1) applies if: (a) the person displays, or causes or permits to be displayed, any sign, flag or insignia; and (b) the sign, flag or insignia is displayed within, on or outside any premises; and (c) the premises are not: (i) premises of the designated overseas mission; or (ii) the residence of a member of the staff (including the head) of the designated overseas mission; and (d) the sign, flag or insignia states, implies or is reasonably capable of being taken to imply that there is located at the premises an office of a mission, or the residence of a member of a mission, that represents, in a capacity that corresponds to an authorised capacity of the designated overseas mission: (i) that foreign territory or a part of that foreign territory; or (ii) the people of that foreign territory or of a part of that foreign territory; or (iii) a government of that foreign territory or of a part of that foreign territory; and (e) the conduct is neither: (i) engaged in, in a diplomatic or consular capacity, by a member of a diplomatic or consular mission established in Australia with the
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consent of the Commonwealth; nor (ii) engaged in at the request or direction of a member of such a diplomatic or consular mission, where the conduct would have been covered by subparagraph (i) if it had been engaged in by the member. "(2B) A person also engages in conduct that is, in relation to a designated overseas mission of a foreign territory, conduct to which subsection (1) applies if: (a) the person makes or publishes, or causes or permits to be made or published, any representation; and (b) the representation states, implies or is reasonably capable of being taken to imply that: (i) there is located in Australia a mission (other than the designated overseas mission of that foreign territory); or (ii) a person in Australia occupies a position in a mission (other than the designated overseas mission of that foreign territory); that represents, in a capacity that corresponds to an authorised capacity of the designated overseas mission: (iii) that foreign territory or a part of that foreign territory; or (iv) the people of that foreign territory or of a part of that foreign territory; or (v) a government of that foreign territory or of a part of that foreign territory; and (c) the conduct is neither: (i) engaged in, in a diplomatic or consular capacity, by a member of a diplomatic or consular mission established in Australia with the consent of the Commonwealth; nor (ii) engaged in at the request or direction of a member of such a diplomatic or consular mission, where the conduct would have been covered by subparagraph (i) if it had been engaged in by the member.". 7. Subsection 5(1): Omit "of a country established in Australia with the consent of the Commonwealth", substitute "or a designated overseas mission". 8. After subsection 6(1): Insert: "(1A) The Minister may, for the purposes of this Act, give a written certificate: (a) certifying that a specified mission is, or is not, a designated overseas mission of a foreign territory; or (b) certifying that there is, or is not, located at specified premises an office of a designated overseas mission of a foreign territory; or (c) certifying that there is, or is not, located at specified premises the residence of a member of the staff (including the head) of a designated overseas mission of a foreign territory; or (d) certifying that a specified capacity is an authorised capacity of a designated overseas mission of a foreign territory.". OVERSEAS MISSIONS (PRIVILEGES AND IMMUNITIES) (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 58, 1995 - SCHEDULE 4
SCHEDULE 4 Section 3 PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971 1. Title: After "Consular Posts" insert ", Designated Overseas Missions". 2. Subsection 4(1): Insert: " 'designated overseas mission' has the same meaning as in the Overseas Missions (Privileges and Immunities) Act 1995; 'prescribed staff member', in relation to a designated overseas mission, means a member of the staff (including the head) of the designated overseas mission who is specified in regulations made for the purposes of this definition; Note: A person may be prescribed by name, by reference to the holding of a specified office or position or by reference to membership of a specified class.". 3. Subsection 4(1) (after paragraph (b) of the definition of "protected person"): Insert: "(ba) a prescribed staff member of a designated overseas mission;". 4. Subsection 4(1) (after paragraph (b) of the definition of "protected premises"): Insert: "(ba) occupied for the purposes of a designated overseas mission;". 5. Section 4: Add at the end: "(3) The Governor-General may make regulations for the purposes of the definition of 'prescribed staff member' in subsection (1).". 6. Part III (heading): After "PERSONNEL", insert ", DESIGNATED OVERSEAS MISSIONS". 7. Section 14: After "this Part" insert ", except in so far as they apply in relation to designated overseas missions,". 1. On the commencement of this Act, the heading to section 4 of the Diplomatic and Consular Missions Act 1978 is altered by omitting all the words after "claims" and substituting "about diplomatic or consular status or designated overseas mission status".