Document ID: chunk:federal_register_of_legislation:F2008L04489:body:0:p5
Version: federal_register_of_legislation:F2008L04489
Segment Type: other
Provision Reference: 
Character Range: 10095–12696

The salary and emoluments received from the Secretariat for services performed in Australia for the Secretariat 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 or a permanent resident of Australia; and
 (d) the person came to Australia solely for the purpose of performing duties of the office in the Secretariat.

 (3) The immunity specified in paragraph 7 of Part I of the Fourth Schedule of the Act does not apply to the importation of:
 (a) alcohol; or
 (b) motor vehicles; or
 (c) tobacco;
by a person holding an office in the Secretariat.

 (4) The immunity specified in paragraph 7 of Part I of the Fourth Schedule of the Act ceases to apply to goods that are donated, sold, lent, or otherwise disposed of in Australia by the Secretariat otherwise than in accordance with conditions agreed upon in advance between the Secretariat and the Commonwealth.

 (5) Subject to subregulation (7), a person who has ceased to hold an office in the Secretariat has the immunities specified in Part II of the Fourth Schedule to the Act.

 (6) Subject to subregulation (7), a person who:
 (a) holds, or has held, an office in the Secretariat (including the office of Executive Secretary); and
 (b) is an Australian citizen or a permanent resident of Australia;
has the privileges and immunities specified in:
 (c) subregulation (5); and
 (d) paragraph 1 of Part I of the Fourth Schedule of the Act.

 (7) The immunities conferred on a person by subregulation (1), (5) or (6) do not extend to immunity from a suit or other legal process:
 (a) for the recovery of damages by a third party for any damage, injury or death resulting from a motor vehicle accident in which a motor vehicle owned or driven by the person was involved, to the extent that damages are not recoverable from insurance; or
 (b) with respect to the commission of an offence under a provision of a law of the Commonwealth, or of a State or Territory, with respect to motor traffic, motor vehicles or the use of a motor vehicle.

13 Privileges and immunities of spouses and children of officers of Secretariat

 (1) Subject to subregulation (2), a person who is the spouse or the dependant child of an officer of the Secretariat has the privileges and immunities specified in paragraphs 3 and 6 of Part I of the Fourth Schedule to the Act.

 (2) The privileges and immunities conferred by subregulation (1) do not apply if:
 (a) a spouse or dependant child