Document ID: chunk:federal_register_of_legislation:C2016C01068:section:5:p1
Version: federal_register_of_legislation:C2016C01068
Segment Type: section
Provision Reference: s 5 (pt 1/2)
Character Range: 4359–6857

5  Vienna Convention on Consular Relations to have force of law
 (1) Subject to this section, the provisions of Articles 1, 5, 15 and 17, paragraphs 1, 2 and 4 of Article 31, Articles 32, 33, 35 and 39, paragraphs 1 and 2 of Article 41, Articles 43 to 45 (inclusive) and 48 to 54 (inclusive), paragraphs 2 and 3 of Article 55, paragraph 2 of Article 57, paragraphs 1, 2 and 3 of Article 58, Articles 60 to 62 (inclusive), 66 and 67, paragraphs 1, 2 and 4 of Article 70 and Article 71 of the Convention have the force of law in Australia and in every external Territory.
 (2) For the purposes of those provisions as so having the force of law:
 (a) a reference in those provisions to the receiving State shall be read as a reference to Australia and, where the context so permits, as including a reference to every State of the Commonwealth and every Territory;
 (b) a reference in those provisions to a national of the receiving State shall be read as a reference to an Australian citizen;
 (c) a reference in those provisions to authorities of the receiving State shall be read as including a reference to members and special members of the Australian Federal Police, members of the police force of a State of the Commonwealth or of a Territory and persons exercising a power of entry to premises;
 (d) a reference to a grave crime shall be read as a reference to any offence punishable on a first conviction by imprisonment for a period that may extend to 5 years or by a more severe sentence;
 (e) a waiver shall be deemed to have been made by an overseas country if the waiver has been made by the head of the diplomatic mission, or by a person for the time being performing the functions of the head of the diplomatic mission, in Australia of that country, or, if there is no such mission by the head of the consular post concerned;
 (f) the reference in paragraph 2 of Article 17 to any privileges and immunities accorded by customary international law or by international agreements shall be read as a reference to any privileges and immunities conferred under the International Organisations (Privileges and Immunities) Act 1963;
 (g) Article 58 has effect as if the references in that Article to other Articles of the Convention the provisions of which do not have the force of law by virtue of subsection (1) were omitted;
 (h) Articles 50, 51, 52, 54, 62 and 67 shall be treated as granting the privileges or immunities that those Articles require to be granted;
 (j) Article 50 shall be