14BPrivileges and immunities of an observer

14B Privileges and immunities of an observer

(1) For section 101A of the Act, an observer has the privileges and immunities mentioned in this regulation. (2) An observer is not liable to any form of arrest or detention. (3) An observer’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. (4) An observer for a State Party has immunity from criminal and civil law, except for: (a) a civil action relating to private immovable property in Australia, unless the observer holds it on behalf of the State Party for the purposes of the State Party; or (b) a civil action relating to succession in which the observer is involved as an executor, administrator, heir or legatee as a private person and not on behalf of the State Party; or (c) a civil action relating to a professional or commercial activity exercised by the observer in Australia outside his or her official functions. (5) An observer is not required to give evidence as a witness. (6) No measures of execution may be taken against an observer, except for matters referred to in paragraph (4)(a), (b) or (c). (7) An observer, for a State Party, 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 on behalf of the State Party for the purposes of the State Party; and (c) subject to subregulation (8)—estate, succession or inheritance duties; and (d) dues and taxes on private income having its source in Australia in capital taxes on investments made in commercial undertakings in Australia; and (e) charges levied for specific services; 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 observer or a member of the family of an observer is not liable for estate, succession or death duties. (9) An observer 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 observer 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.