Document ID: chunk:federal_register_of_legislation:F2004C00039:body:0:p4
Version: federal_register_of_legislation:F2004C00039
Segment Type: other
Provision Reference: 
Character Range: 7693–10261

Secretary is a high office in the Commission.

 (2) Subject to subregulations (4) and (5), a person who holds, or is performing the duties of, the office of Executive Secretary has the privileges and immunities specified in Part I of the Second Schedule to the Act.

 (3) Subject to subregulation (5), a person who has ceased to hold, or perform the duties of, the office of Executive Secretary has the immunities specified in Part II of the Second Schedule to the Act.

 (4) The privileges and immunities conferred on a person under subregulation (2) do not apply in respect of a child of such a person where that child has attained the age of 18 years.

 (5) The privileges and immunities conferred on a person by subregulation (2), or the immunities conferred on a person by subregulation (3), do not extend to a person who is an Australian citizen or a permanent resident of Australia.

10 Privileges and immunities of officers of the Commission

 (1) Subject to subregulations (2), (5) and (6), a person who holds an office in the Commission 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 by a person who holds an office in the Commission, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936, are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person is not an Australian citizen and came to Australia solely for the purpose of performing duties of the office in the Commission held by him.

 (3) A person who holds an office in the Commission and 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.

 (3A) A person who holds an office in the Commission and is:
 (a) an Australian citizen; or
 (b) a person permanently resident in Australia;
  has, where the name of that person is included in a list that, for the purposes of this provision, 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.

 (4) Subject to subregulation (5), 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