Document ID: chunk:federal_register_of_legislation:F2013L01916:schedule:1:p1
Version: federal_register_of_legislation:F2013L01916
Segment Type: schedule
Provision Reference: sch 1 (pt 1/5)
Character Range: 17395–20095

Schedule 1—Arrangement between the Government of Australia and the International Committee of the Red Cross ("ICRC") on a regional headquarters in Australia
Note: See the definition of ICRC Arrangement in section 4.

The Government of Australia and the International Committee of the Red Cross ("the Parties")

Considering the work done by the ICRC in providing, without discrimination, protection and assistance with a view to relieving human suffering,

Bearing in mind the wish expressed by the ICRC to establish a delegation to carry out the humanitarian tasks entrusted to it under the 1949 Geneva Conventions and the 1977 Additional Protocols, to which Australia is a party, and the Statutes of the International Red Cross and Red Crescent Movement,

Have reached the following understandings:

1. Status of the ICRC

The status of the ICRC in Australia will be comparable to that of an intergovernmental organisation.

2. Juridical Personality

The Government of Australia will confer upon the ICRC juridical personality and such legal capacities as are necessary for the exercise of the powers, and the performance of the functions, of the organisation.

3. Immunity of the ICRC, its Property and Assets

1. The ICRC, its property and assets, wherever located and by whomsoever held, will enjoy immunity from every form of legal process, except insofar as in any particular case the ICRC has expressly waived its immunity.

2. The immunity from suit and from other legal process conferred by paragraph 3.1 on the ICRC does not extend to immunity from a suit or other legal process:
 (a) for the recovery of damages in respect of any damage, injury or death resulting from an accident in which a motor vehicle owned by. or operated on behalf of, the ICRC was involved;
 (b) in relation to:
 (i) any contract entered into by the ICRC for the supply of goods or services;
 (ii) any loan, or other transaction for the provision of finance, by or to the ICRC; or
 (iii) any contract of guarantee or indemnity to which the ICRC is a party;
 (c) by way of, or in relation to, a counter‑claim made against the ICRC by a party to proceedings instituted by the ICRC; or
 (d) in respect of the attachment, in accordance with a final order of a Court, of any amount payable as salary, wages or other remuneration by the ICRC to any person who holds an office in the ICRC or any expert assisting the ICRC.

4. Inviolability of ICRC Premises, Property and Assets

1. The premises of the ICRC will be inviolable. The property and assets of the ICRC, wherever located and by whomsoever held, will be immune from search, requisition, confiscation, or expropriation.

2. No authorities of the Government