Document ID: chunk:federal_register_of_legislation:F2013L01916:reg:8
Version: federal_register_of_legislation:F2013L01916
Segment Type: reg
Provision Reference: reg 8
Character Range: 8398–10585

8  Privileges and immunities

Immunity from legal process
 (1) The Delegate has immunity from suit and other legal process (including being called as a witness).

Immunities and privileges relating to importation and exportation
 (2) The Delegate has the right to:
 (a) import his or her personal effects duty free when first taking up a post in Australia; and
 (b) export his or her personal effects duty free when leaving Australia on the termination of his or her function.

Privileges and immunities in time of international crisis
 (3) The Delegate has repatriation facilities in a time of international crisis that are no less favourable than those given to a diplomatic agent in a time of international crisis.

Privileges in relation to exchange
 (4) The Delegate has privileges in relation to exchange facilities that are no less favourable than those enjoyed by a member, of comparable rank, of a diplomatic mission.

Immunity from taxation on salaries and emoluments
 (5) The Delegate has immunity from taxation on the salaries and emoluments received from the ICRC.
 (6) However, if the Delegate is an Australian citizen or permanent resident of Australia who is employed by the ICRC in Australia, the Delegate does not have immunity from taxation on salaries, fees and allowances received from the ICRC.

Immunity from national service obligations
 (7) If the Delegate is not an Australian citizen or permanent resident of Australia, the Delegate has immunity from national service obligations.
 (8) If a member of the Delegate's family is not an Australian citizen or permanent resident of Australia, the member has immunity from national service obligations.
 (9) If:
 (a) the Delegate, or a member of the Delegate's family, is:
 (i) an Australian citizen or permanent resident of Australia; and
 (ii) called for national service; and
 (b) in the opinion of the ICRC, serious disruption to essential ICRC operations may occur if the Delegate or the member performs the national service at a particular time;
deferment from the national service must be granted if this is possible.

Division 3—Privileges and immunities of representatives of the ICRC on temporary mission