11Privileges and immunities of an inspector carrying out an inspection in Australia

11 Privileges and immunities of an inspector carrying out an inspection in Australia

(1) An Organization inspector is not liable to any form of arrest or detention. (2) An Organization inspector’s living quarters and office premises (including any furnishings and other property in them), means of transport, records, papers and correspondence are not liable to search, requisition, attachment or execution. (3) Samples and approved equipment in the possession of an Organization inspector are not liable to: (a) subject to regulation 12—search, requisition, attachment or execution; or (b) customs duties. (4) An Organization inspector has immunity from criminal and civil law, except for: (a) a civil action relating to private immovable property in Australia, unless the inspector holds it on behalf of the Organization for the purposes of the Organization; or (b) a civil action relating to succession in which the inspector is involved as executor, administrator, heir or legatee as a private person and not on behalf of the Organization; or (c) a civil action relating to a professional or commercial activity exercised by the inspector in Australia outside his or her official functions. (5) An Organization inspector is not required to give evidence as a witness. (6) No measures of execution may be taken against an Organization inspector, except for matters referred to in paragraph (4)(a), (b) or (c). (7) An Organization inspector carrying out activities under the Convention is exempt from all dues and taxes, whether personal or real, except: (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; and (b) dues and taxes on private immovable property in Australia, unless he or she holds the property for the Organization for the purposes of the Organization; and (c) subject to subregulation (8)—estate, succession or inheritance duties; and (d) dues and taxes on private income having its source in Australia and capital taxes on investments made in commercial undertakings in Australia; and (e) charges levied for specific services rendered; and (f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property. (8) Movable property that is in Australia solely due to the presence in Australia of an Organization inspector or a member of the family of an Organization inspector is not liable for estate, succession or death duties. (9) An Organization inspector may bring into Australia, without payment of customs duties or related charges, any article for personal use except an article the import or export of which is prohibited by law or controlled by quarantine laws. (10) An Organisation inspector is exempt from currency and exchange restrictions to the same extent as a representative of a foreign government on a temporary mission on behalf of that government.