Commonwealth Numbered Regulations

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INTERNATIONAL DEVELOPMENT LAW ORGANIZATION (PRIVILEGES AND IMMUNITIES) REGULATIONS 2007 (SLI NO 85 OF 2007) - REG 8

Privileges and immunities of Representatives

         (1)   Subject to subregulations (4) and (5), a Representative, other than the Asia Regional Representative and any representative to whom subregulation (2) applies, has the following privileges and immunities:

                (a)    the privileges and immunities specified in items 1 to 4 and 6 of Part I of the Third Schedule to the Act;

               (b)    the same exemptions in relation to inspection of his or her personal baggage as are accorded to diplomatic agents;

                (c)    exemption from the application of laws relating to the registration of aliens and the obligation to perform national service;

               (d)    the same repatriation facilities, for himself or herself and his or her spouse and dependent relatives, in a time of international crisis as are accorded to diplomatic agents.

         (2)   Subject to subregulation (5), a Representative who is a citizen or permanent resident of Australia has immunity from suit and other legal processes in respect of words written or spoken, and things done, in the exercise of his or her official functions.

         (3)   Subject to subregulation (5), a person who has ceased to be a Representative has the privileges and immunities specified in Part II of the Third Schedule to the Act.

         (4)   Immunity from arrest and detention under subregulation (1) does not extend to a Representative found committing, attempting to commit or having just committed a serious offence.

         (5)   Immunity from suit and other legal processes under this regulation does not include immunity:

                (a)    from civil or administrative proceedings arising out of death, damage or personal injury resulting from an accident in which a motor vehicle owned or driven by the representative was involved; or

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



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