Document ID: chunk:federal_register_of_legislation:F2023C00826:reg:11
Version: federal_register_of_legislation:F2023C00826
Segment Type: reg
Provision Reference: reg 11
Character Range: 11267–13717

11  Privileges and immunities of officers of Commission
 (1) Subject to subregulations (2), (6) and (7), a person who holds an office in the Commission (other than the office of Executive Secretary) has the privileges and immunities specified in paragraphs 1, 2 and 3 of Part I of the Fourth Schedule to the Act.
 (2) The salary and emoluments received from the Commission for services performed in Australia for the Commission by a person:
 (a) to whom subregulation (1) applies; and
 (b) who is a resident of Australia, within the meaning of the Income Tax Assessment Act 1936;
are exempt from taxation only if:
 (c) the person is not an Australian citizen; and
 (d) the person came to Australia solely for the purpose of performing duties of the office in the Commission.
 (3) A person to whom subregulation (1) applies and who is not:
 (a) an Australian citizen; or
 (b) a person permanently resident in Australia;
has, in addition to the privileges and immunities referred to in subregulation (1), the privileges and immunities specified in paragraphs 4, 5, 6 and 7 of Part I of the Fourth Schedule to the Act.
 (4) A person to whom subregulation (1) applies and who is:
 (a) an Australian citizen; or
 (b) a person permanently resident in Australia;
has, if the name of that person is included in a list that has been:
 (c) drawn up by the Executive Secretary; and
 (d) approved by the Minister by instrument in writing;
the privilege specified in paragraph 4 of Part I of the Fourth Schedule to the Act.
 (5) Subject to subregulation (6), a person who has ceased to hold an office in the Commission has the immunities specified in Part II of the Fourth Schedule to the Act.
 (6) The immunities conferred on a person by subregulation (1) or (5) do 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 an accident in which a motor vehicle owned or driven by the person was involved; or
 (b) with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, with respect to motor traffic, motor vehicles or the use of a motor vehicle.
 (7) The privilege specified in paragraph 3 of Part I of the Fourth Schedule to the Act and conferred under subregulation (1) does not apply to a child of the person if the child:
 (a) has attained the age of 18 years; or
 (b) ceases to be a dependant of the person.