Document ID: chunk:federal_register_of_legislation:F2024L00731:reg:8
Version: federal_register_of_legislation:F2024L00731
Segment Type: reg
Provision Reference: reg 8
Character Range: 4620–6384

8  Privileges and immunities of OCCAR
 (1) For the purposes of subparagraph 6(1)(a)(ii) of the Act, the privileges and immunities specified in the First Schedule to the Act are conferred upon OCCAR, subject to subsections (2) to (5) of this section.
 (2) The immunity specified in item 1 of the First Schedule to the Act does not extend to immunity from civil or criminal process relating to any of the following:
 (a) the recovery of damages for any damage, injury or death resulting from an accident involving a motor vehicle owned or operated on behalf of OCCAR;
 (b) the commission of an offence under a law of the Commonwealth, a State or a Territory that:
 (i) relates to motor traffic, motor vehicles or the use of a motor vehicle; and
 (ii) involves a motor vehicle owned or operated on behalf of OCCAR;
 (c) the enforcement of an arbitration award made under the terms of any contract made by OCCAR;
 (d) the attachment, in accordance with a final order of a court, of any amount payable as salary or emoluments by OCCAR to any staff member.
 (3) The immunity specified in item 2 of the First Schedule to the Act applies subject to the requirements of any judicial or administrative proceedings relating to the prevention or investigation of an accident involving a motor vehicle owned or operated on behalf of OCCAR.
 (4) The privileges specified in items 6 and 7 of the First Schedule to the Act do not extend to goods purchased or imported, or services provided, for the personal benefit of a staff member.
 (5) OCCAR's privileges in relation to indirect tax are limited to:
 (a) the exemption conferred by section 11B of the Act; and
 (b) concessions under section 11C of the Act in relation to acquisitions covered by section 13 of this instrument.