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INTERNATIONAL ORGANISATIONS (PRIVILEGES AND IMMUNITIES) (CONFERENCE OF THE PARTIES TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE) AMENDMENT REGULATIONS 2023 (F2023L01254) - SCHEDULE 1

Amendments

   

International Organisations (Privileges and Immunities) (Conference of the Parties to the United Nations Framework Convention on Climate Change) Regulations 2022

Section 4

Insert:

"expert " :

                     (a)  means a person who is performing short-term or temporary projects on behalf of the Conference of the Parties; and

                     (b)  includes a person who is:

                              (i)  serving on a body established by, or attending a meeting organised by, the Conference of the Parties; or

                             (ii)  participating in the work of, or performing a mission on behalf of, the Conference of the Parties;

                            whether or not the person receives remuneration from the Conference of the Parties; and

                     (c)  does not include a person who holds an office in the Conference of the Parties.

"serious offence " means an offence under any law of the Commonwealth, or of a State or Territory, for which, if the act or omission had taken place in the Jervis Bay Territory, a person would be liable, on first conviction, to imprisonment for a period of not less than 5 years.

2  At the end of the instrument

Add:

10   Privileges and immunities of experts and former experts

             (1)  For the purposes of subparagraph 6(1)(e)(i) of the Act, the privileges and immunities specified in paragraph 2 of Part I of the Fifth Schedule to the Act are conferred, subject to subsection (3), upon a person who:

                     (a)  is an expert; and

                     (b)  is not an Australian citizen or a permanent resident of Australia.

             (2)  For the purposes of subparagraph 6(1)(e)(ii) of the Act, the immunities specified in Part II of the Fifth Schedule to the Act are conferred, subject to subsection (3), upon a person who:

                     (a)  has ceased to be an expert; and

                     (b)  is not an Australian citizen or a permanent resident of Australia.

             (3)  The immunities conferred on a person by subsection (1) or (2) do not extend to:

                     (a)  immunity from a suit or other legal process:

                              (i)  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

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

                     (b)  immunity from personal arrest and detention if that person is found committing or attempting to commit, or has just committed, a serious offence.



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