Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INTERNATIONAL INSTITUTE FOR DEMOCRACY AND ELECTORAL ASSISTANCE (PRIVILEGES AND IMMUNITIES) REGULATIONS 1997 - REG 8

Privileges and immunities of officers of the Institute

  (1)   Subject to subregulations (2), (6) and (7), a person who holds an office in the Institute (other than the office of Secretary-General) has the privileges and immunities specified in paragraphs 1, 2 and 3 of Part I of the Fourth Schedule to the Act.

  (2)   The salary and emoluments received from the Institute for services performed in Australia for the Institute by a person:

  (a)   to whom subregulation (1) applies; and

  (b)   who is a resident of Australia, within the meaning of the Income Tax Assessment Act 1936 ;

    are exempt from taxation only if:

  (c)   the person is not an Australian citizen or a person permanently resident in Australia; and

  (d)   the person came to Australia solely for the purpose of performing duties of the office in the Institute.

  (3)   A person to whom subregulation (1) applies and who is not:

  (a)   an Australian citizen; or

  (b)   a person permanently resident in Australia;

    has, in addition to the privileges and immunities referred to in subregulation   (1), the privileges and immunities specified in paragraphs 4, 5, and 6 of Part I of the Fourth Schedule to the Act.

  (4)   A person to whom subregulation (1) applies and who is:

  (a)   an Australian citizen; or

  (b)   a person permanently resident in Australia;

    has, if the name of that person is included in a list that has been:

  (c)   drawn up by the Secretary-General; and

  (d)   approved by the Minister by instrument in writing;

    the privilege specified in paragraph 4 of Part I of the Fourth   Schedule to the Act.

  (5)   Subject to subregulation (6), a person who has ceased to hold an office in the Institute has the immunities specified in Part II of the Fourth Schedule to the Act.

  (6)   The immunities conferred on a person by subregulation   (1) or   (5) do not extend to immunity from a suit or other legal process:

  (a)   for the recovery of damages for any damage, injury or death resulting from an accident in which a motor vehicle owned or driven by the person was involved; or

  (b)   with respect to the commission of an offence under a provision of a law of the Commonwealth, of a State or of a Territory, with respect to motor traffic, motor vehicles or the use of a motor vehicle.

  (7)   The privilege specified in paragraph 3 of Part I of the Fourth   Schedule to the Act and conferred under subregulation   (1) does not apply to a child of the person if the child:

  (a)   has attained the age of 18 years; or

  (b)   ceases to be a dependant of the person.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback