Document ID: chunk:federal_register_of_legislation:F2004C00453:body:0:p2
Version: federal_register_of_legislation:F2004C00453
Segment Type: other
Provision Reference: 
Character Range: 2781–5461

applies to the Secretariat

  The Secretariat is an international organisation to which the Act applies.

4 Secretariat has legal personality and capacity

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

5 Privileges and immunities of the Secretariat

 (1) Subject to this regulation, the Secretariat has the privileges and immunities stated in items 1, 2, 4, 6, 7 and 9 in the First Schedule to the Act.

 (2) The Secretariat is not exempt under subregulation (1) from any Commonwealth, State, Territory or municipal dues and taxes that constitute payment for specific services in respect of premises owned, leased or occupied by the Secretariat.

 (3) Subregulation (1) does not affect the liability of the Secretariat or another person to pay sales tax on the sale value of goods that are not publications of the Secretariat.

 (4) The Secretariat'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 mentioned in subregulation 9A (1).

6 Privileges and immunities of the Secretary General

 (1) The office of Secretary General is a high office in the Secretariat for the purposes of subparagraph 6 (1) (b) (i) of the Act.

 (2) A person who holds, or is performing the duties of, the office of Secretary General has the privileges and immunities that are accorded to a diplomatic agent in respect of:
 (a) taxes, duties and other levies; and
 (b) immunity from suit and legal process concerning things done or omitted to be done in the course of the performance of the diplomatic agent's official duty.

 (3) A person who has ceased to hold, or to perform the duties of, the office of Secretary General has the immunity stated in Part II of the Second Schedule to the Act.

7 Privileges and immunities of certain Secretariat representatives at conferences

 (1) A person who is accredited to, or attends, a meeting of the Committee as a representative of a country other than Australia has the privileges and immunities stated in items 2 and 3 in Part I in the Third Schedule to the Act.

 (2) A person who has ceased to be accredited to, or who has attended, a meeting of the Committee as a representative of a country other than Australia has the immunity stated in Part II of the Third Schedule to the Act.

8 Privileges and immunities of certain Secretariat officers

 (1) Subject to subregulations (2) and (3), a person