Document ID: chunk:federal_register_of_legislation:F2013L01916:reg:6:p1
Version: federal_register_of_legislation:F2013L01916
Segment Type: reg
Provision Reference: reg 6 (pt 1/2)
Character Range: 3370–6096

6  Privileges and immunities

Inviolability of premises, archives and documents
 (1) The following are inviolable:
 (a) the ICRC's premises;
 (b) the archives of the ICRC;
 (c) all documents held by, or belonging to, the ICRC.

Immunity from legal process
 (2) The ICRC, and the property and assets of the ICRC (regardless of who holds the assets or property), have immunity from any kind of legal process, other than a suit or other legal process for:
 (a) recovery of damages for any damage, injury or death resulting from an accident involving a motor vehicle owned or operated on behalf of the ICRC; or
 (b) any contract entered into by the ICRC for the supply of goods or services; or
 (c) any loan, or other transaction for the provision of finance, by or to the ICRC; or
 (d) any contract of guarantee or indemnity to which the ICRC is a party; or
 (e) a counter‑claim made against the ICRC by a party to proceedings instituted by the ICRC; or
 (f) for 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.
 (3) Subsection (2) applies whether the property or an asset of the ICRC is held by the ICRC or another person.
 (4) The ICRC may waive the immunity mentioned in subsection (2).

Immunity from interference
 (5) The property and assets of the ICRC have immunity from search, seizure, requisition, confiscation, expropriation and any other form of interference.

Privileges and immunities relating to customs duties, import and export restrictions, and indirect tax
 (6) The ICRC is exempt from customs duties and indirect tax, and has immunity from restrictions and prohibitions on the import, export or transit through Australia of:
 (a) articles (including ICRC publications and audio‑visual materials) for official use; and
 (b) articles intended for ICRC assistance programmes within Australia or another country.
 (7) Subsection (6) does not affect the application of:
 (a) any law with respect to quarantine; or
 (b) any law that prohibits or restricts the importation into, or the exportation from, Australia of any animals, plants or goods.
 (8) Subsection (7) does not prejudice any immunity from suit or from civil or criminal process conferred by this regulation.
 (9) The ICRC'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 Division 4.

Immunity from financial restrictions
 (10) The ICRC has immunity from laws and regulations in relation to exchange control and related matters, and