Commonwealth Numbered Regulations

1992 No. 7 DIPLOMATIC PRIVILEGES AND IMMUNITIES REGULATIONS (AMENDMENT) - REG 3

  3.1   After regulation 5, insert:
Minister may issue certificates in certain circumstances

"5A. (1) The Minister may certify, in the form set out in the Schedule, that
in his or her opinion removal of a prescribed object described in the
certificate from prescribed land or premises described in the certificate
would be an appropriate step within the meaning of Article 22 or 29 of the
Convention.

"(2) In deciding whether to issue a certificate, the matters to which the
Minister is to have regard include:

   (a)  the nature of the prescribed object;

   (b)  the proximity of the object to the premises of a mission or to the
        residence of the head, or another diplomatic agent, of a mission;

   (c)  the period for which the object has been on the prescribed land or
        premises.

"(3) A certificate takes effect when the certificate is issued, unless a later
time or day is specified in the certificate.

"(4) A certificate has effect for a period of 30 days from the day when the
certificate was issued.

"(5) Subregulation (4) does not prevent the issue of further certificates in
respect of matters stated in a certificate.

"(6) The Minister is to cause a copy of a certificate to be laid before each
House of the Parliament within 15 sitting days of that House after the day
when the certificate is issued.
Removal of prescribed objects from prescribed land or premises   "5B. (1)  In
this regulation:
'prescribed officer' means:

   (a)  a member or special member of the Australian Federal Police; or

   (b)  a member of the police force of a State or Territory; or

   (c)  a member of the Australian Protective Service.

"(2) A prescribed officer, with such assistance as the officer reasonably
believes is necessary and with such force as is necessary and reasonable, may
remove a prescribed object described in a certificate from prescribed land or
premises described in the certificate.

"(3) A prescribed officer must not remove a prescribed object from prescribed
land or premises before giving a reasonable opportunity to a person:

   (a)  who is apparently in control of the object; or

   (b)  who placed the object on the land or premises; to remove the object
        from the land or premises and take it to a location:

   (c)  where it may lawfully be placed; and

   (d)  that is more than 100 metres from the premises of the mission referred
        to in the certificate or the residence of the head, or another
        diplomatic agent, of the mission.

"(4) When a prescribed officer removes a prescribed object from prescribed
land or premises, the officer may retain the object for a period of 7 days
from the day when the object is removed from the land or premises.

"(5) At the end of the 7 days, the prescribed officer must take reasonable
steps to return the prescribed object to a person referred to in paragraph (3)
(a) or (b) or (if that person is not entitled to possess it) the owner,
unless:

   (a)  proceedings in respect of which the object may afford evidence
        (including an appeal to a court in relation to those proceedings) were
        begun before the end of the 7 days and have not been completed; or

   (b)  the officer is otherwise authorised by a law, or an order of a court,
        of the Commonwealth or of a State or Territory to retain, destroy or
        dispose of the object.".