This bill became law on Sep 20th, 2023.
Defence & foreign affairs
Australia can now give full legal privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. to some international organisations even when Australia is not a member, which can make cooperation and hosting easier.
An agreement with OCCARThe defence body mentioned on the page as the case that exposed the gap in Australian law, because Australia needed to grant it full privileges and immunities even though it was not a member. exposed that Australia could not give full privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. to some international organisations unless it was a member, and the ActThe main law this bill changes. It sets out when international organisations and related people can get legal privileges and immunities in Australia. no longer fit newer official roles. The bill lets Australia extend that coverage more flexibly, including to non-member organisations and additional officials, while keeping normal visa rules clear.
Australia’s 1963 privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. law set the basic rules for dealing with international organisations, but it could not give full coverage to bodies Australia was not formally part of and no longer matched some newer official roles. In 2022 the OCCARThe defence body mentioned on the page as the case that exposed the gap in Australian law, because Australia needed to grant it full privileges and immunities even though it was not a member. framework agreement exposed that gap, so the government introduced this bill in June 2023 to let Australia extend coverage more flexibly, including to non-member organisations and additional officials while making clear normal visa rules still applied, and the changes became law in September 2023.
The main concern was that the bill could gradually widen diplomatic-style legal exemptions beyond what is strictly needed if future governments use the new flexibility too broadly. That criticism was limited and mostly conditional, raised by Coalition and Greens speakers who still supported the bill but wanted tight safeguards, oversight and a clearer explanation for the policy shift.
Senator Anthony Chisholm introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 20 Sept 2023
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
91 days
From introduction to the latest recorded parliamentary step
Meaning
Australia can now give full legal privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. to some international organisations even when Australia is not a member, which can make cooperation and hosting easier.
Offices, committees and similar bodies set up inside an eligible international organisationIn this law, this means an organisation that Australia has formally declared under the Act, which is what triggers the legal protections discussed on the page. are now treated as part of that organisation for privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. purposes.
Australia can now extend privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. to extra categories of officials linked to international organisations, so coverage can better match modern roles and treaty commitments.
Regulations under the law can now be tied to a ministerial instrumentA legal instrument made by a minister. The bill lets regulations refer to these instruments when setting the detail of who gets which privileges and immunities., Australia’s international obligations, or international agreements, giving the government more flexibility when setting detailed rules.
The law also clarifies that immigration-related privileges do not remove normal visa and immigration clearance requirements under the Migration Act 1958Australia’s main migration law. The bill makes clear that the immigration exemptions in this Act still apply unless a treaty says otherwise, so privileges do not wipe out visa checks..
First, they enable Australia to declare an organisation to be an international organisation under the Act, even if Australia is not a member of that organisation. This will increase the opportunities available to Australia to cooperate with such organisations, for example by encouraging visits and promoting the exchange of information, knowledge and ideas. It will also assist Australia to give effect to the privileges and immunities agreed to under treaties, such as those contained in the Framework Agreement between Australia and the Organisation for Joint Armament Cooperation, as a European Intergovernmental Organisation.Minister's second reading speech
(2A) For the purposes of this Act, and subject to subsection 5(5):International Organisations (Privileges and Immunities) Amendment Act 2023 final Act text
Second, these amendments enable Australia to accord the existing range of privileges and immunities under the Act to categories of officials not prescribed in the Act, where requested by an international organisation and agreed to by Australia. It also provides more flexibility in which privileges and immunities may be accorded to international organisations and their officials.Minister's second reading speech
(2A) Without limiting this section, regulations made for the purposes of this section may prescribe a matter by reference to:International Organisations (Privileges and Immunities) Amendment Act 2023 final Act text
The Bill makes minor amendments to the privileges and immunities dealing with immigration in the Third Schedule and Fourth Schedule to the Act. The object of this amendment is to better align the relevant provisions with the applicable treaties. In accordance with those treaties, the exemption from immigration restrictions does not apply to certain immigration laws, including requirements for visas and immigration clearances under the Migration Act 1958.International Organisations (Privileges and Immunities) Amendment explanatory memorandum
Context
Australia’s 1963 privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. law set the basic rules for dealing with international organisations, but it could not give full coverage to bodies Australia was not formally part of and no longer matched some newer official roles. In 2022 the OCCARThe defence body mentioned on the page as the case that exposed the gap in Australian law, because Australia needed to grant it full privileges and immunities even though it was not a member. framework agreement exposed that gap, so the government introduced this bill in June 2023 to let Australia extend coverage more flexibly, including to non-member organisations and additional officials while making clear normal visa rules still applied, and the changes became law in September 2023.
Australia creates the basic privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. scheme
The 1963 Act established which international organisations and connected people could receive privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. in Australia.
Minister's second reading speech ↗OCCARThe defence body mentioned on the page as the case that exposed the gap in Australian law, because Australia needed to grant it full privileges and immunities even though it was not a member. framework agreement exposes a gap in Australian law
The agreement required Australia to provide the full range of privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. to OCCARThe defence body mentioned on the page as the case that exposed the gap in Australian law, because Australia needed to grant it full privileges and immunities even though it was not a member. and connected people, highlighting that the existing Act could not fully cover some organisations Australia was not a member of.
International Organisations (Privileges and Immunities) Amendment explanatory memorandum ↗Government introduces the bill to widen who can be covered
The bill was introduced to let Australia extend privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. to some non-member international organisations, better match coverage to newer official roles, and keep ordinary visa and immigration clearance requirements clear.
Parliamentary timeline ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the broader privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. arrangements to take legal effect.
Parliamentary timeline ↗Royal AssentThe formal approval that turns a passed bill into an Act of Parliament and makes the changes law. makes the changes law
Royal AssentThe formal approval that turns a passed bill into an Act of Parliament and makes the changes law. turned the bill into an Act, enabling Australia to implement the expanded arrangements in its domestic law.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (03/08/2023): Senate Foreign Affairs, Defence and Trade Legislation Committee; Committee report (30/08/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal approval that turns a passed bill into an Act of Parliament and makes the changes law., turning the bill into an Act.
Key criticism
The main concern was that the bill could gradually widen diplomatic-style legal exemptions beyond what is strictly needed if future governments use the new flexibility too broadly. That criticism was limited and mostly conditional, raised by Coalition and Greens speakers who still supported the bill but wanted tight safeguards, oversight and a clearer explanation for the policy shift.
No party represented in the debate opposed the bill, but some support came with calls for restraint and scrutiny.
Risk of powers expanding too far
Critics were mainly worried that the bill's extra flexibility to grant privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. could lead to a creeping expansion of exemptions to more organisations or officials than necessary unless its use is kept tightly controlled and monitored.
Need for clearer justification and review
A narrower concern was that the government had not fully explained why DFATThe Commonwealth department that handles Australia’s foreign policy and treaty-related work; the page says it had earlier concerns about expanding the law and later changed position. changed its earlier position on expanding the actThe main law this bill changes. It sets out when international organisations and related people can get legal privileges and immunities in Australia., raising calls for better justification and ongoing scrutiny of how the new framework is applied.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Chisholm supports the bill, saying it will better align Australia’s domestic law with its international obligations and give government more flexibility to grant privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. where needed.
Read in Hansard ↗Birmingham says the coalition will support the bill, because it modernises the privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. framework and helps Australia work more effectively with international organisations.
Read in Hansard ↗Jordon Steele-John says the Greens support the bill because it can broaden Australia's engagement with the international community and help international organisations do important humanitarian and scientific work.
Read in Hansard ↗Burns supports the bill and says it will help Australia work more effectively with international organisations, deepen cooperation, and keep domestic law aligned with Australia’s treaty commitments.
Read in Hansard ↗All speeches by bloc
4 speakers · 5 contributions · 4 support
“I hope the commitment to multilateralism and to the international rules based order remains exactly that, and I commend the bill to the House.”Read the full speech in Hansard ↗
“The amendments contained in the Bill enhance Australia's ability to confer privileges and immunities in accordance with its international obligations and in the national interest.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Tim Watts on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Watts supports the bill and says it will better align Australian law with international obligations, give government more flexibility in granting privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia., and improve cooperation with international organisations. He presents it as a minor, technical amendment that advances multilateral engagement.
“The bill will closely align Australia's domestic legislation with our international obligations, increase flexibility in the granting of privileges and immunities, and assist in deepening Australia's defence, science and other strategic relationships.”Read this contribution in Hansard ↗
Second reading speech
Watts supports the bill, saying it will strengthen Australia’s engagement with international organisations, help meet treaty obligations, and give more flexibility to grant privileges and immunitiesSpecial legal protections that can exempt an organisation or person from some Australian laws, taxes or court processes so they can do their work in Australia. in the national interest.
“The Australian government's objective is to participate in the multilateral system actively and constructively. To achieve this, we need to support its institutions and recognise the benefits that international organisations bring to Australia, the region and the world. The bill reflects the commitment of this government to its objectives, and, on that note, I commend the bill to the chamber.”Read this contribution in Hansard ↗
“Returning to the bill, may I say this: this bill will benefit Australia. It will provide new opportunities to cooperate with international organisations, and it will assist Australia in giving effect to our international obligations, aligning our domestic laws more closely with the treaties to which we are a party. It will increase flexibility in which privileges and immunities we grant, where agreed to by Australia and in our national interest. The changes proposed in this bill are small, but they are important. Firstly, they will enable Australia to accord privileges and immunities to international organisations of which Australia is not a member. This includes, for example, the Organisation for Joint Armament Cooperation, with which Australia has concluded a framework agreement. Second, the amendments will allow Australia to grant privileges and immunities to classes of officials not set out in the act, where requested by an international organisation and agreed to by Australia. Finally, Australia will have more flexibility in granting the existing suite of privileges and immunities under the act to international organisations and their officials.”Read the full speech in Hansard ↗
3 speakers · 3 support
“We will, and we trust that the parliament will, through various processes, including committees that assess regulations, carefully monitor the implementation of the new framework. This will ensure that Australia continues to grant privileges and immunities when they are required under international obligations and commitments but that we do not extend them to apply to organisations where they are not required, nor do we extend the scope of those privileges and immunities beyond what is absolutely necessary. With that, I indicate that, consistent with all previous engagements on this bill, we maintain the bipartisanship that has been applied to its modernisation and amendments over time.”Read the full speech in Hansard ↗
“The Senate Foreign Affairs, Defence and Trade Legislation Committee, of which I am Deputy Chair, has reviewed this bill and made a recommendation that it should pass this chamber. However, I think it is important to put on the record during this debate this morning some of the additional comments that coalition senators made in the inquiry report, so that it is clear that the new arrangements that will be put in place by the bill should be monitored on an ongoing basis to ensure that they are effective and that there is not a creep of scope in terms of the organisations which can be made eligible for exemptions.”Read the full speech in Hansard ↗
“However, we recognise that the proposed changes, implemented appropriately and with sufficient safeguards to prevent inadvertent expansion to organisations, have the potential to broaden and deepen Australia's engagement with the international community.”Read the full speech in Hansard ↗
1 speaker · 1 support
“I speak today in support of the International Organisations (Privileges and Immunities) Amendment Bill 2023 on behalf of the Australian Greens. We in the Greens recognise that this amendment has the potential to broaden and deepen Australia's engagement with the international community. We agree that international organisations carry out critical work, particularly in the areas of humanitarian work, scientific exploration and other fields, to promote international cooperation and collaboration. The Greens do share concerns that DFAT's submission did not go sufficiently into the reasons for its change in position since 2013 and therefore does not articulate how the new bill prevents or mitigates the department's previous concerns regarding the expansion of the scope of the act.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal approval that turns a passed bill into an Act of Parliament and makes the changes law., turning the bill into an Act.
Senate Foreign Affairs, Defence and Trade Legislation Committee; Committee report (30/08/2023)
Referred to committee
Referred to Committee (3 Aug 2023): Senate Foreign Affairs, Defence and Trade Legislation Committee; Committee report (30 Aug 2023)
APH bill page notes
