Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person, the Minister's powers under paragraphs 11B (1) (b) and (5) (b) of these Regulations.
(2) A power delegated under subregulation (1), when exercised by the delegate, is taken to have been exercised by the Minister.
(3) A delegation of power under subregulation (1) does not prevent the exercise of the power by the Minister.
Schedule 1 Limitations and conditions -- TECO
Column 1 Item | Column 2 Item in Schedule 1 to the Act | Column 3 Limitations or conditions |
1 | 1 | Inviolability of premises is limited to the extent that local authorities cannot enter: (a) the Canberra office except with the consent of the Representative; and (b) a State office, except: (i) with the consent of the head of that office; or (ii) in cases of emergency. |
2 | 2 | Inviolability of property and assets is limited, for a State office, to the extent that property and assets (including furnishings and means of transport) will not be requisitioned for purposes of national defence or public utility. |
3 | 7 | The privileges and immunities relating to TECO documents sent or received by courier are not conferred. |
4 | 9 | Exemption from taxation is limited to premises used exclusively for the purposes of TECO. |
5 | 12 | Exemption from taxation of articles does not apply in relation to: (b) duties levied in Australia on transfers; (c) registration, court and record fees, mortgage dues and stamp duties, other than stamp duty payable for the lease or purchase of: (i) TECO premises; and (ii) the private residence of the Representative. |
Schedule 2 Limitations and conditions -- persons associated with TECO
(regulation 7)
Column 1 Item | Column 2 Item in Schedule 2 to the Act | Column 3 Limitations or conditions |
2 | 2 | Exemption from taxation does not apply in relation to: (b) dues and taxes on private immovable property situated in Australia (except TECO premises and the private residence of the Representative); (c) estate, succession or inheritance duties, and duties on transfers, levied in Australia; (d) dues and taxes on private income, including capital gains, having its source in Australia; (e) capital taxes relating to investments made in commercial or financial undertakings in Australia; (f) charges levied for specific services rendered; |
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| (g) registration, court and record fees, mortgage dues and stamp duties (except in relation to goods and services for premises used by TECO and the private residence of the Representative). |
3 | 2 | Exemption from taxation does not extend to income tax laws in their application to payments: (a) made by a staff member of the Canberra office, or a staff member of a State office, to a person employed by the staff member; and (b) that are not payments exempted, under the Act, from taxation. |
4 | 7 | Immunity in relation to acts performed by a staff member of a State office, or an employee of the Canberra office, extends only to acts performed in the exercise of official functions, and does not extend to civil or criminal action: (a) arising out of a private contractual matter; or (b) instituted by a third party for damages arising in Australia; or (c) for an offence for which conviction would result in a sentence of at least 5 years imprisonment. |
5 | 8 | Exemption from obligations to give evidence is limited to: (a) evidence of matters connected with the exercise of an official function of a staff member of a State office or an employee of the Canberra office; and (b) evidence requiring production of an official document; and (c) evidence as an expert witness in relation to the law of Taiwan. |
Notes to the Taipei Economic and Cultural Office (Privileges and Immunities) Regulations 1998
Note 1
The Taipei Economic and Cultural Office (Privileges and Immunities) Regulations 1998 (in force under the Overseas Missions (Privileges and Immunities) Act 1995 ) as shown in this compilation comprise Statutory Rules 1998 No. 300 amended as indicated in the Tables below.
Table of Statutory Rules
Year and | Date of notification | Date
of | Application, saving or |
1998 No. 300 | 17 Oct 1998 | 17 Oct 1998 |
|
2000 No. 203 | 31 July 2000 | 1 July 2000 ( see r. 2) | -- |
2002 No. 197 | 29 Aug 2002 | 1 May 2001 | -- |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
R. 3 ................. | am. 2000 No. 203; 2002 No. 197 |
Heading to r. 7 .......... | rs. 2002 No. 197 |
Rr. 7-9 ............... | am. 2002 No. 197 |
Rr. 11A, 11B ........... | ad. 2000 No. 203 |
| am. 2002 No. 197 |
Rr. 11C, 11D ........... | ad. 2000 No. 203 |
R. 14 ................ | ad. 2000 No. 203 |
Schedule 1 |
|
Schedule 1 ............ | am. 2000 No. 203 |
Schedule 2 |
|
Heading to Schedule 2 .... | rs. 2002 No. 197 |
Schedule 2 ............ | am. 2000 No. 203; 2002 No. 197 |