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International Development Law Organization (Privileges and Immunities) Regulations 20071

  Select Legislative Instrument 2007 No. 85

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Organisations (Privileges and Immunities) Act 1963.
Dated 12 April 2007

  P. M. JEFFERY
  Governor‑General
  By His Excellency's Command

  ALEXANDER DOWNER
  Minister for Foreign Affairs

Contents

 1 Name of Regulations
 2 Commencement
 3 Definitions
 4 Application of Act to IDLO
 5 Juridical personality and legal capacity of IDLO
 6 Privileges and immunities of IDLO
 7 Privileges and immunities of Director‑General
 8 Privileges and immunities of Representatives
 9 Privileges and immunities of Asia Regional Representative, Director and staff members
 10 Privileges and immunities of technical experts
 11 Emblem of IDLO
 12 Waiver of privileges and immunities
 13 Privileges and immunities subject to quarantine laws etc

Schedule 1 Official emblems

1 Name of Regulations

  These Regulations are the International Development Law Organization (Privileges and Immunities) Regulations 2007.

2 Commencement

  These Regulations commence on the day after they are registered.

3 Definitions

 (1) In these Regulations:
Act means the International Organisations (Privileges and Immunities) Act 1963.
IDLO means the International Development Law Organization.
Memorandum of Understanding means the Memorandum of Understanding between the Government of Australia and the IDLO for the Establishment of the Asia Pacific Training Centre, done on 28 June 2005.

 (2) An expression used in these Regulations and in the Memorandum of Understanding has the same meaning in these Regulations as it has in the Memorandum of Understanding.

4 Application of Act to IDLO

  For section 5 of the Act, the IDLO is an international organisation to which the Act applies.

5 Juridical personality and legal capacity of IDLO

  The IDLO:
 (a) is a body corporate with perpetual succession; and
 (b) is capable, in its corporate name:
 (i) of entering into contracts; and
 (ii) of acquiring, holding and disposing of real and personal property; and
 (iii) of suing and being sued.

6 Privileges and immunities of IDLO

 (1) Subject to subregulations (2) and (3), the IDLO has the privileges and immunities mentioned in the First Schedule to the Act, except items 6, 7, 8 and 10 of that Schedule.

 (2) The IDLO's immunity from suit and other legal processes under this regulation does not include immunity:
 (a) from civil proceedings in relation to contracts entered into by the IDLO for the supply of goods or services, loans or other transactions for the provision of finance by or to the IDLO, contracts of guarantee or indemnity to which the IDLO is a party and other financial obligations; or
 (b) from civil proceedings in relation to debts due to the Commonwealth; or