Document ID: chunk:federal_register_of_legislation:F2000B00308:body:0:p3
Version: federal_register_of_legislation:F2000B00308
Segment Type: other
Provision Reference: 
Character Range: 5216–7921

traffic, motor vehicles or the use of a motor vehicle.

6 Limitation on privileges and immunities for Australian citizens and residents

 (1) Nothing in these Regulations confers a privilege or immunity on a person who is an Australian citizen or a permanent resident of Australia except:
 (a) a privilege or immunity conferred by these Regulations in respect of an exemption from tax on salaries and allowances received from the Tribunal; and
 (b) a privilege or immunity conferred by these Regulations in respect of a period in which a member or official of the Tribunal is in Australia being 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; and
 (c) a privilege or immunity conferred by these Regulations in respect of immunity from suit and other legal process for acts and things done in carrying out official duties.

 (2) In this regulation:
law of Australia has the same meaning as in the Foreign States Immunities Act 1985.
permanent resident of Australia means a person resident in Australia whose continued presence in Australia is not subject to a limitation as to time imposed by or under a law of Australia.

Part 2 Privileges and immunities of the Tribunal

7 Privileges and immunities of the Tribunal

  The Tribunal has the privileges and immunities mentioned in this Part.

8 Legal capacity and personality

  The Tribunal:
 (a) is a body corporate with perpetual succession; and
 (b) is capable, in its corporate name:
 (i) of entering into contracts; and
 (ii) of acquiring, holding and disposing of real and personal property; and
 (iii) of suing and being sued.

9 Premises of the Tribunal are inviolable

  The premises of, or occupied by, the Tribunal are inviolable.

10 Immunity of the Tribunal from suit and other legal process

 (1) The Tribunal is immune from suit and other legal process.

 (2) The Tribunal may waive its immunity.

 (3) However, a waiver extends to a measure of execution of a judgment only if the waiver is expressed to do so.

 (4) The Tribunal may waive its immunity from a measure of execution of a judgment arising from a suit at the same time as, or after, the Tribunal waives its immunity from suit.

11 Immunity of property of the Tribunal

  The property of, or in the custody of, the Tribunal is immune from suit and other legal or administrative process.

12 Archives of the Tribunal are inviolable

  The archives of the Tribunal, and all documents belonging to, or in the custody of, the Tribunal, are inviolable.

13 Communications

 (1) For telecommunications sent by the Tribunal that contain only matter intended for publication by the press