Document ID: chunk:federal_register_of_legislation:F2008L04489:body:0:p4
Version: federal_register_of_legislation:F2008L04489
Segment Type: other
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Character Range: 7606–10337

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 in respect of the property and assets of the Secretariat ceases to apply to any property or assets abandoned by the Secretariat for a period exceeding 12 months.

10 Limitation on exemption from taxes etc

 (1) The Secretariat is not exempt under regulation 6 from:
 (a) national, regional or municipal taxes or payments that constitute payment for specific services in respect of premises owned, leased or occupied by the Secretariat; or
 (b) liability to pay taxes on the income of the Secretariat if income of the Secretariat is subjected to taxation under the law of a country other than Australia that is party to the Agreement.

 (2) The exemption conferred by regulation 6 on the Secretariat from duties and taxes in respect of:
 (a) goods imported by the Secretariat into Australia; or
 (b) goods purchased or manufactured by the Secretariat in Australia;
ceases to apply to goods that are donated, sold, lent, or otherwise disposed of in Australia by the Secretariat otherwise than in accordance with conditions agreed upon in advance between the Secretariat and the Commonwealth.

11 Privileges and immunities of Executive Secretary

 (1) For subparagraph 6 (1) (b) (i) of the Act, the office of Executive Secretary is a high office in the Secretariat.

 (2) Subject to subregulation (4), a person who holds, or is performing the duties of, the office of Executive Secretary has the privileges and immunities specified in:
 (a) regulation 12; and
 (b) Part I of the Second Schedule to the Act.

 (3) Subject to subregulation (4), a person who has ceased to hold, or perform the duties of, the office of Executive Secretary has the immunities specified in Part II of the Second Schedule to the Act.

 (4) The privileges and immunities conferred on a person by paragraph (2) (b) do not extend to a person who is an Australian citizen or a permanent resident of Australia.

12 Privileges and immunities of staff members of Secretariat

 (1) Subject to subregulations (2), (3), (4) and (7), a person who:
 (a) is employed in the Secretariat; and
 (b) is not an Australian citizen or a permanent resident of Australia;
has the privileges and immunities specified in Part I of the Fourth Schedule to the Act.

 (2) The salary and emoluments received from the Secretariat for services performed in Australia for the Secretariat by a person:
 (a) to whom subregulation (1) applies; and
 (b) who is a resident of Australia, within the meaning of the Income Tax