Commonwealth Numbered Regulations

1985 No. 327 COMMISSION FOR THE CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES (PRIVILEGES AND IMMUNITIES) REGULATIONS (AMENDMENT) - REG 6

6. After regulation 10A of the Principal Regulations the following regulation
is inserted: Privileges and immunities of experts working with the Commission

"10B. (1) Subject to sub-regulations (4) and (5), a person who is serving on a
committee, or is participating in the work, of the Commission or is
performing, whether alone or jointly with other persons, a mission on behalf
of the Commission has the privileges and immunities specified in paragraphs 2
and 3 of Part I of the Fifth Schedule to the Act.

"(2) Subject to sub-regulation (5), a person who has served on a committee, or
participated in the work, of the Commission or performed a mission on behalf
of the Commission has the immunities specified in Part II of the Fifth
Schedule to the Act.

"(3) Where a person referred to in sub-regulation (1) is not-

   (a)  an Australian citizen; or

   (b)  a person permanently resident in Australia, that person has, in
        addition to the privileges and immunities referred to in that
        sub-regulation, the privileges and immunities specified in paragraphs
        1, 5 and 6 of Part I of the Fifth Schedule to the Act.

"(4) The immunities conferred on a person by sub-regulation (1) do not extend
to immunity from personal arrest and detention where such a person is found
committing, attempting to commit or just having committed a serious offence.

"(5) The immunities conferred on a person by sub-regulation (1) or (2) do not
extend to immunity from a suit or other legal process-

   (a)  for the recovery of damages in respect of 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, being a
        provision with respect to motor traffic, motor vehicles or the use of
        a motor vehicle.

"(6) In sub-regulation (4), 'serious offence' means an offence under any law
of the Commonwealth or of a State or Territory in respect of which, if the
offence had been committed in the Australian Capital Territory, a person would
be liable, on first conviction, to imprisonment for a period of not less than
5 years.".