Document ID: chunk:federal_register_of_legislation:F2004C00650:body:0:p2
Version: federal_register_of_legislation:F2004C00650
Segment Type: other
Provision Reference: 
Character Range: 2703–5326

applies.

4 Authority has legal personality and capacity

  The Authority:
 (a) is a body corporate with perpetual succession; and
 (b) is capable, in its corporate name:
 (i) of entering into contracts; and
 (ii) of acquiring, holding and disposing of real and personal property; and
 (iii) of suing and being sued.

5 Privileges and immunities of Authority

 (1) Subject to subregulation (2) and regulation 6, the Authority has the privileges and immunities specified in items 1, 2, 3, 4, 6, 7, 10, 11 and 12 of the First Schedule to the Act.

 (2) The Authority's privileges in relation to indirect tax are limited to:
 (a) the exemption conferred by section 11B of the Act; and
 (b) concessions under section 11C of the Act in relation to acquisitions mentioned in subregulation 9A (1).

6 Limitation on immunity from suit etc

  The immunity from suit and from other legal process conferred on the Authority by regulation 5 does not extend to immunity from a suit or other legal process:
 (a) for the recovery of damages for any damage, injury or death resulting from a motor vehicle accident or offence in which a motor vehicle owned by, or operated on behalf of, the Authority was involved; or
 (b) in relation to:
 (i) any contract entered into by the Authority for the supply of goods or services; or
 (ii) any loan, or other transaction for the provision of finance, by or to the Authority; or
 (iii) any contract of guarantee or indemnity to which the Authority is a party; or
 (c) in relation to a counter-claim against the Authority by a party to proceedings instituted by the Authority; or
 (d) under a final order of a Court — in relation to the attachment of any amount payable as salary, wages or other remuneration by the Authority to:
 (i) a person holding an office in the Authority; or
 (ii) an expert assisting the Authority; or
 (e) in respect of which the Authority expressly waives its immunity.

7 Privileges and immunities of representatives attending conferences convened by Authority

 (1) Subject to subregulations (3) and (4), a person who is accredited to, or attends, a meeting convened by the Authority as a representative of a country other than Australia has the privileges and immunities specified in items 2, 5, 6 and 7 of Part I of the Third Schedule to the Act.

 (2) Subject to subregulations (3) and (4), a person who has ceased to be accredited to, or who has attended, a meeting convened by the Authority as a representative of a country other than Australia has the immunities specified in Part II of the Third Schedule to the Act.

 (3) The immunities conferred on a person