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Papua New Guinea Consolidated Legislation |
Chapter 83.
Diplomatic and Consular Privileges and Immunities Act 1975.
Certified on: / /20 .
INDEPENDENT STATE OF PAPUA NEW GUINEA.
Chapter 83.
Diplomatic and Consular Privileges and Immunities Act 1975.
ARRANGEMENT OF SECTIONS.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Diplomatic and Consular Privileges and Immunities Act 1975,
Being an Act relating to diplomatic and consular privileges and immunities, and for other purposes.
PART I. – PRELIMINARY.
In this Act unless the contrary intention appears–
“overseas country” means a country other than Papua New Guinea;
“the Minister” means the Minister for the time being responsible for foreign relations;
“the regulations” means any regulations made under this Act;
“this Act” includes the regulations.
PART II. – DIPLOMATIC PRIVILEGES AND IMMUNITIES.
(1) In this Part, unless the contrary intention appears–
“mission” means a diplomatic mission;
“the Convention” means the Vienna Convention on Diplomatic Relations a copy of the English text of which is set out in Schedule 1.
(2) In this Part, expressions defined by the Convention have the same respective meanings as they have in the Convention.
It is declared that this Part shall operate to the exclusion of any other law that deals with a matter dealt with by this Part.
(1) Subject to this section, the provisions of Articles 1, 22 to 24 (inclusive) and 27 to 40 (inclusive) of the Convention have the force of law in Papua New Guinea.
(2) For the purposes of the provisions specified in Subsection (1)–
(a) a reference to the receiving State shall be read as a reference to Papua New Guinea; and
(b) a reference to a national of the receiving State shall be read as a reference to a citizen; and
(c) the reference in paragraph 1 of Article 22 to agents of the receiving State shall be read as including a reference to members of the Police Force and persons exercising a power of entry to premises; and
(d) a waiver by the head of the mission of an overseas country, or by a person for the time being performing the functions of the head of the mission of an overseas country, shall be deemed to be a waiver by that overseas country; and
(e) Articles 35, 36 and 40 shall be treated as granting the privileges or immunities that those Articles require to be granted; and
(f) the reference in paragraph 1 of Article 36 to such laws and regulations as the receiving State may adopt shall be read as including a reference to Subsection (3), to Section 5 and to the regulations for the purposes of that paragraph as having the force of law by virtue of this section; and
(g) the references in paragraph 4 of Article 37 and paragraph 2 of Article 38 to the extent to which privileges and immunities are admitted by the receiving State shall be read as references to the extent to which privileges and immunities are granted by Section 7; and
(h) the reference in paragraph 1 of Article 39 to the Ministry for Foreign Affairs or such other ministry as may be agreed shall be read as a reference to the Department of Foreign Relations and Trade.
(3) Subsection (1) does not affect the application of any law relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, the country, of any animals, plants or goods, but this subsection does not prejudice the immunity from suit or from civil or criminal process that a person has under Subsection (1).
(4) The provisions of the Convention, in so far as they provide for the exemption from tax of any income, apply, for the purposes of the application of the Income Tax Act 1959 to assessments in respect of income of the year of income that commences on 1 July 1975, and in respect of income of all subsequent years of income.
(1) This section applies in relation to the exemption from customs duties, taxes and related charges provided for by paragraph 1 of Article 36, or paragraph 1 or 2 of Article 37 of the Convention as having the force of law under Section 4 in respect of articles imported into the country that are for the use of a mission or person referred to in that paragraph.
(2) The exemption does not apply where any other articles of the same kind, or of a similar kind, that have been imported into the country were intended for the use of the mission or person at the time when they were entered for home consumption under the Customs Act 1951, and the Minister, by instrument, declares that, in his opinion, the reasonable requirements of the mission or person, as the case may be, have adequately been met by the other articles.
(3) The exemption does not apply unless–
(a) the person for whose use the articles are intended, or, if the articles are intended for the use of a mission, the head of the mission, agrees that, if the articles are sold or otherwise disposed of in the country within two years after the date of entry of the articles for home consumption under the Customs Act 1951 he will pay the State an amount equal to so much (if any) as the Minister determines of the customs duties, taxes and related charges that, but for paragraph 1 of Article 36, or paragraph 1 or 2 of Article 37, of the Convention, as the case may be, would have been payable in respect of the articles; and
(b) where the person so entering into an agreement has previously entered into a similar agreement in relation to any other articles and has committed a breach of that last-mentioned agreement–the person complies with such conditions (if any) as the Minister, by instrument, determines (which may include a condition that the person give security, satisfactory to that Minister, that he will comply with the first-mentioned agreement).
(1) Subject to this section, duties of excise imposed by the Excise Tariff Act 1956 are not payable in respect of goods that, at the time when they are entered for home consumption under an Act relating to duties of excise, are intended for–
(a) the official use of the mission of an overseas country; or
(b) the personal use of a person who is–
(i) the head of such a mission; or
(ii) a member of the diplomatic staff of such a mission,
being a person who is not a citizen and is not ordinarily resident in the country; or
(c) the personal use of a member of the family of a person referred to in Paragraph (b), being a member of the family who forms part of the household of the person and is not a citizen.
(2) Subsection (1) does not apply in respect of goods that are intended for the use of a mission or person referred to in that subsection where any other goods of the same kind, or of a similar kind, that have been entered for home consumption under an Act relating to duties of excise, were intended for the use of the mission or person at the time when they were so entered, and the Minister, by instrument, declares that, in his opinion, the reasonable requirements of the mission or person, as the case may be, have adequately been met by the other goods.
(3) Subsection (1) does not apply in respect of any goods unless–
(a) the person for whose use the goods are intended, or, if the goods are intended for the use of a mission, the head of the mission, agrees that, if the goods are sold or otherwise disposed of in the country within two years after the date of entry of the goods for home consumption under an Act relating to duties of excise, he will, unless the Minister otherwise determines, pay the State an amount equal to the duties of excise that, but for this section, would have been payable in respect of the goods; and
(b) where the person so entering into an agreement has previously entered into a similar agreement in relation to any other goods and has committed a breach of that last-mentioned agreement–the person complies with such conditions (if any) as the Minister, by instrument, determines (which may include a condition that the person give security satisfactory to the Minister, that he will comply with the first-mentioned agreement).
In respect of acts performed in the course of their duties–
(a) members of the administrative and technical staff, and members of the service staff of the mission of an overseas country who are citizens or are ordinarily resident in Papua New Guinea; and
(b) private servants of members of such a mission,
are entitled to the immunity from jurisdiction, and inviolability to which persons referred to in paragraph 1 of Article 38 of the Convention as having the force of law under this Act are entitled.
(1) Where the Minister is satisfied that the privileges and immunities granted in relation to a mission of Papua New Guinea in an overseas country, or to persons connected with that mission, are less than the privileges and immunities granted by this Act in relation to the mission of that country, or to persons connected with that mission, he may, by instrument, withdraw, in relation to that mission or to persons connected with that mission, all or any of the privileges and immunities granted by this Part.
(2) The Minister shall cause any instrument referred to in Subsection (1) to be published in the National Gazette.
PART III. – CONSULAR PRIVILEGES AND IMMUNITIES.
(1) In this Part, unless the contrary intention appears, “the Convention” means the Vienna Convention on Consular Relations a copy of the English text of which is set out in Schedule 2.
(2) Expressions defined by the Convention have the same respective meanings in this Part as they have in the Convention.
(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 Papua New Guinea.
(2) For the purposes of the provisions specified in Subsection (1)–
(a) a reference to the receiving State shall be read as a reference to Papua New Guinea; and
(b) a reference to a national of the receiving State shall be read as a reference to a citizen; and
(c) a reference to authorities of the receiving State shall be read as including a reference to members of the Police Force and persons exercising a power of entry to premises; and
(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 term that may extend to five years or by a more severe sentence; and
(e) a waiver shall be deemed to have been made by an overseas country–
(i) if the waiver has been made by–
(A) the head of the diplomatic mission; or
(B) a person for the time being performing the functions of the head of the diplomatic mission of that country in Papua New Guinea; or
(ii) if there is no such mission, by the head of the consular post concerned; and
(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 Organizations (Privileges and Immunities) Act 1975; and
(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 under Subsection (1), were omitted; and
(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; and
(i) Article 50 shall be treated as extending to career consular officers of a consular post the head of which is an honorary consular officer; and
(j) the reference in Article 57 to the privileges and immunities provided in Chapter II shall be read as a reference to the privileges and immunities provided in Section II of that Chapter; and
(k) the references in paragraph 1 of Article 50 and in Article 62 to such laws and regulations as the receiving State may adopt shall be read as including references to this Act; and
(l) the reference in Article 70 to the rules of international law concerning diplomatic relations shall be read as a reference to the provisions of Part II.
(3) Subsection (1) does not affect the application of any law relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, the country of any animals, plants or goods, but this subsection does not prejudice any immunity from suit or from civil or criminal process that a person has under Subsection (1).
(4) The provisions of the Convention, in so far as they provide for the exemption from tax of any income, apply, for the purposes of the application of the Income Tax Act 1959 to assessments in respect of income of the year of income that commenced on 1 July 1975, and in respect of income of all subsequent years of income.
(1) The exemption from customs duties, taxes and related charges provided for by paragraph 1 or 2 of Article 50, or Article 62, of the Convention as having the force of law under Section 10 in respect of articles imported into the country that are for the use of a consular post or person referred to in that Article–
(a) does not apply where any other articles of the same kind, or of a similar kind, that have been imported into the country were, at the time when they were entered for home consumption under the Customs Act 1951 intended for the use of the consular post or person and the Minister, by instrument, declares that, in his opinion, the reasonable requirements of the consular post or person, as the case may be, have adequately been met by the other articles; and
(b) does not apply unless–
(i) the person for whose use the articles are intended, or, if the articles are intended for the use of a consular post, the head of the consular post, agrees that, if the articles are sold or otherwise disposed of in the country within two years after the date of entry of the articles for home consumption under the Customs Act 1951 he will pay the State an amount equal to so much (if any) as the Minister determines of the customs duties, taxes and related charges that, but for paragraph 1 or paragraph 2 of Article 50, or Article 62, as the case may be, of the Convention, would have been payable in respect of the articles; and
(ii) where the person so entering into an agreement has previously entered into a similar agreement in relation to any other articles and has committed a breach of that last-mentioned agreement–the person complies with such conditions (if any) as the Minister, by instrument, determines (which may include a condition that the person give security, satisfactory to the Minister, that he will comply with the first-mentioned agreement).
(2) Duties of customs imposed by the Custom Tariff Act 1990 are not payable in respect of articles that–
(a) at the time when they are entered for home consumption under the Customs Act 1951, are intended for the official use of a consular post of an overseas country in Papua New Guinea, being a consular post to which Article 62 of the Convention applies under Subsection (1); and
(b) are declared by the head of the consular post, in writing, to be for the official use of the consular post; and
(c) are articles, or are included in a class of articles, approved by the Minister for the purposes of this subsection.
(1) Subject to Subsections (3) and (4), duties of excise imposed by the Excise Tariff Act 1956 are not payable in respect of goods that are, at the time when they are entered for home consumption under an Act relating to duties of excise, intended for–
(a) the official use of a consular post in Papua New Guinea of an overseas country, being a consular post the head of which is a person who is not a citizen, is not ordinarily resident in the country and is not otherwise engaged in a profession, business or occupation; and
(b) the personal use of a consular officer at a consular post in Papua New Guinea of an overseas country, being a person who is not a citizen, is not ordinarily resident in the country and is not otherwise engaged in a profession, business or occupation; or
(c) the personal use of a member of the family of a person referred to in Paragraph (b), being a member of the family who forms part of the household of the person, is not a citizen, is not ordinarily resident in the country and is not engaged in a profession, business or occupation.
(2) Duties of excise imposed by the Excise Tariff Act 1956 are not payable in respect of goods that–
(a) at the time when they are entered for home consumption under an Act relating to duties of excise, are intended for the official use of a consular post in Papua New Guinea of an overseas country, being a consular post to which Subsection (1)(a) does not apply; and
(b) are declared by the head of the consular post, in writing, to be for the official use of the consular post; and
(c) are goods, or are included in a class of goods, approved by the Minister, for the purposes of this subsection.
(3) Subsection (1) does not apply in respect of goods that are intended for the use of a consular post or person referred to in that subsection where any other goods of the same kind, or of a similar kind, that have been entered for home consumption under an Act relating to duties of excise, at the time when they were so entered were intended for the use of the consular post or person and the Minister, by instrument, declares that, in his opinion, the reasonable requirements of the consular post or person, as the case may be, have adequately been met by the other goods.
(4) Subsection (1) does not apply in respect of any goods unless–
(a) the person for whose use the goods are intended, or, if the goods are intended for the use of a consular post, the head of the consular post, agrees that, if the goods are sold or otherwise disposed of in the country within two years after the date of entry of the goods for home consumption under an Act relating to duties of excise, he will, unless the Minister otherwise determines, pay the State an amount equal to the duties of excise that, but for this section, would have been payable in respect of the goods; and
(b) where the person so entering into an agreement has previously entered into a similar agreement in relation to any other goods and has committed a breach of that last-mentioned agreement–the person complies with such conditions (if any) as the Minister, by instrument, determines (which may include a condition that the person give security, satisfactory to the Minister, that he will comply with the first-mentioned agreement).
(1) In this section–
“declared Commonwealth country” means a country declared by the regulations to be a Commonwealth country to which this section applies;
“post” includes a mission, agency or office.
(2) The regulations may–
(a) confer on a post established in the country by the Government of a declared Commonwealth country, being a post that is not entitled to any privileges or immunities under this Act and appears to the Head of State, acting on advice, to exercise functions substantially corresponding to functions exercised by a consular post, all or any of the privileges and immunities that are conferred by this Act on a consular post; and
(b) confer on–
(i) the person charged with the duty of acting as head of a post of a kind referred to in Paragraph (a), being a person who is not entitled to any privileges or immunities under this Act; and
(ii) a member of the staff of a person referred to in Subparagraph (i), being a member who appears to the Head of State, acting on advice, to perform duties substantially corresponding to the duties performed by a consular officer; and
(iii) members of the family of a person to whom Subparagraph (i) or (ii) applies, being members of the family who form part of the household of the person,
all or any of the privileges and immunities that are conferred by this Act on consular officers and members of their families; and
(c) confer on–
(i) a member of the staff of a person referred to in Paragraph (b)(i), being a member who appears to the Head of State, acting on advice, to perform duties substantially corresponding to the duties performed by a consular employee; and
(ii) members of the family of a person to whom Subparagraph (i) applies, being members of the family who form part of the household of the person,
all or any of the privileges and immunities that are conferred by this Part on consular employees and members of their families; and
(d) confer on–
(i) a member of the staff of a person referred to in Paragraph (b)(i), being a member who appears to the Head of State, acting on advice, to perform duties substantially corresponding to the duties performed by a member of the service staff of a consular post; and
(ii) members of the family of a person to whom Subparagraph (i) applies, being members of the family who form part of the household of the person,
all or any of the privileges and immunities that are conferred by this Part on members of the service staff of a consular post and members of their families; and
(e) confer on a person who is employed exclusively in the private service of–
(i) a person referred to in Paragraph (b)(i); or
(ii) a member of the staff of such a person,
all or any of the privileges and immunities that are conferred by this Part on persons who are employed exclusively in the private service of members of a consular post.
(3) Where the Government of a declared Commonwealth country has established in Papua New Guinea a post of a kind specified in Subsection (2)(a), the head of the diplomatic mission of that country, in Papua New Guinea, or, if there is no such mission, the person charged with the duty of acting as head of the post, may waive any privileges or immunities conferred by the regulations on–
(a) the post; or
(b) the person charged with the duty of acting head of the post; or
(c) a member of the staff of the person referred to in Paragraph (b); or
(d) a member of the family of a person referred to in Paragraph (b) or (c); or
(e) a person employed in the private service of a person referred to in Paragraph (b) or (c).
Consular employees of a consular post of an overseas country who are citizens or are ordinarily resident in Papua New Guinea are entitled to immunity from jurisdiction in respect of official acts performed in the exercise of their functions.
(1) Where the Minister is satisfied that the privileges and immunities granted in relation to a consular post of Papua New Guinea in an overseas country, or to persons connected with that consular post, are less than the privileges and immunities granted by this Act in relation to a consular post of that country, or to persons connected with such a post, he may, by instrument, withdraw, in relation to that post or persons connected with that post, all or any of the privileges and immunities granted by this Part.
(2) The Minister shall cause any instrument referred to in Subsection (1) to be published in the National Gazette.
PART IV. – MISCELLANEOUS.
(1) The Minister may give a written certificate, certifying any fact relevant to the question whether a person is, or was at any time or in respect of any period, entitled to any privileges or immunities under–
(a) this Act; or
(b) any corresponding law previously in force in the country; or
(c) the regulations.
(2) In any proceedings, a certificate given under this section is evidence of the facts certified.
The Head of State, acting on advice, may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
SCHEDULE 1 – VIENNA CONVENTION ON DIPLOMATIC RELATIONS.
Sec. 2(1).
CONVENTION
SCHEDULE 2 – VIENNA CONVENTION ON CONSULAR RELATIONS.
Sec. 9.
CONVENTION
Office of Legislative Counsel, PNG
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