Document ID: chunk:federal_register_of_legislation:F2016L01910:reg:9
Version: federal_register_of_legislation:F2016L01910
Segment Type: reg
Provision Reference: reg 9
Character Range: 5578–7609

9  Privileges and immunities of officers (other than high officers) of the Organisation

Privileges and immunities of other officers
 (1) A person who holds an office in the Organisation other than a high office has the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

Limitations relating to certain persons
 (2) Despite subsection (1), an Australian citizen or a permanent resident of Australia who holds an office in the Organisation other than a high office only has the privileges and immunities specified in item 1 of Part I of the Fourth Schedule to the Act.
 (3) Despite subsection (1), the salary and emoluments received from the Organisation by a person:
 (a) on whom privileges and immunities are conferred by subsection (1); and
 (b) who is not an Australian citizen or permanent resident of Australia but is otherwise an Australian resident within the meaning of the Income Tax Assessment Act 1997;
are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person came to Australia solely for the purpose of performing duties of the office in the Organisation held by the person.

Former officers
 (4) A person who has ceased to hold an office in the Organisation other than a high office has the immunities specified in Part II of the Fourth Schedule to the Act.

Section does not apply to inspectors
 (5) This section does not apply in relation to inspectors (within the meaning of the Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction, done at Paris on 13 January 1993, as affected by any amendment that has come into force for Australia).
Note 1: The Convention is in Australian Treaty Series 1997 No. 3 ([1997] ATS 3) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Note 2: Privileges and immunities are conferred on inspectors by the Chemical Weapons (Prohibition) Regulations 1997.