Document ID: chunk:federal_register_of_legislation:F2008L04489:body:0:p3
Version: federal_register_of_legislation:F2008L04489
Segment Type: other
Provision Reference: 
Character Range: 5174–7872

immunities of Secretariat

  Subject to regulations 7, 8, 9 and 10, the Secretariat has the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 11 and 12 of the First Schedule to the Act.

7 Limitation on immunity from suit etc

 (1) The immunity from suit and from other legal process conferred on the Secretariat by regulation 6 does 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 by, or operated on behalf of, the Secretariat, to the extent that damages are not recoverable from insurance; or
 (b) in relation to:
 (i) a contract entered into by the Secretariat for the supply of goods or services; or
 (ii) a loan, or other transaction for the provision of finance, by or to the Secretariat; or
 (iii) a contract of guarantee or indemnity to which the Secretariat is a party; or
 (c) in relation to a counter‑claim against the Secretariat by a party to proceedings instituted by the Secretariat; or
 (d) under a final order of a court — in relation to the attachment of any amount payable as salary, wages or other remuneration by the Secretariat to:
 (i) a person holding an office in the Secretariat; or
 (ii) an expert assisting the Secretariat; or
 (e) for which the Meeting of the Parties expressly waives its immunity; or
 (f) for the enforcement of an arbitration award made in any dispute between the Secretariat and the Commonwealth concerning the interpretation or application of the Headquarters Agreement.

 (2) The legal process referred to in paragraph (1) (a) includes any judicial or administrative process, when temporarily necessary in connection with the prevention of, and investigation into, accidents involving such motor vehicles.

8 Limitations on inviolability of premises

 (1) If, in the event of a fire or other emergency, immediate entry to premises occupied by the Secretariat is necessary:
 (a) to protect life or property; or
 (b) to bring the fire or other emergency under control;
regulation 6 does not operate to affect the application of any law of the Commonwealth, or of a State, Territory or municipal authority, that authorises a person to enter those premises, without the consent of the owner or occupier of the premises, to exercise powers or to perform duties conferred on that person under a relevant law.

 (2) Subregulation (1) does not affect an immunity from suit or from other legal process conferred by these Regulations.

9 Limitation on exemption of property of Secretariat from restrictions and controls

  The exemption conferred by regulation 6