Document ID: chunk:federal_register_of_legislation:F2000B00308:body:0:p6
Version: federal_register_of_legislation:F2000B00308
Segment Type: other
Provision Reference: 
Character Range: 12774–15495

Tribunal (other than the Registrar of the Tribunal) has, when engaged on the business of the Tribunal, the following privileges and immunities:
 (a) immunity from personal arrest and detention;
 (b) immunity from seizure of his or her personal baggage;
 (c) the same privileges and immunities in respect of personal baggage as are accorded to a diplomatic agent;
 (d) immunity from suit and other legal process in respect of acts and things done in carrying out his or her official duties;
 (e) exemption from the obligation to perform national service;
 (f) exemption (including exemption of members of the official's family forming part of his or her household) from the application of laws relating to immigration and registration of aliens;
 (g) exemption from currency and exchange restrictions to the same extent as for an official, of comparable rank, forming part of a diplomatic mission to Australia;
 (h) the same repatriation facilities (including repatriation facilities for members of the official's family forming part of his or her household) in a time of international crisis as are accorded to a diplomatic agent;
 (i) exemption from taxation on salaries and allowances received from the Tribunal;
 (j) any period during which the official is engaged on the business of the Tribunal in Australia is taken not to be a period of residence in Australia for the purposes of any form of taxation the imposition of which depends on residency.

 (3) However, paragraph (2) (j) does not apply in relation to the imposition of tax on a transaction or income of an official if application of the paragraph would result in an amount of tax being imposed that is more than the amount of tax that would be imposed if the paragraph did not apply.

 (4) However, an official of the Tribunal has the privileges and immunities mentioned in subregulation (2) only if the official is part of a class of officials that the Tribunal tells the Minister, the Australian Ambassador to Germany or the Australian Embassy in Berlin, in writing, is a class to which subregulation (2) is to apply.

22 Privileges and immunities of agents, counsel and advocates

  A person who is an agent, counsel or advocate of a party to a case before the Tribunal has, during his or her mission for that party (including journeys related to the mission), the following privileges and immunities:
 (a) immunity from personal arrest or detention;
 (b) immunity from seizure of his or her personal baggage;
 (c) the same privileges and immunities in respect of personal baggage as are accorded to a diplomatic agent;
 (d) immunity from suit and other legal process in respect of acts and things done in carrying out his or her official duties;
 (e)