International Organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013

This regulation grants the ICRC and its delegates specified legal privileges and immunities in Australia—including inviolability of premises, immunity from most legal process, customs and indirect tax concessions, communication and banking freedoms—and implements the 2005 Arrangement. It affects the ICRC, posted and temporary staff, and counterparties and authorities (ATO, customs) by creating revenue foregone, administrative claims and monitoring duties. Limited exceptions, cooperation requirements and waiver powers aim to prevent abuse while enabling humanitarian work.

This regulation implements in domestic law the Arrangement between the Government of Australia and the International Committee of the Red Cross (ICRC) and gives the ICRC and its personnel a package of immunities, privileges and facilities. The regulation is made under the International Organisations (Privileges and Immunities) Act 1963 (the Act) (see section 3) and commences on the day after registration (section 2). It expressly confers: inviolability of the ICRC’s premises, archives and documents; immunity from legal process for the ICRC and its property with limited statutory exceptions; immunity from interference with property and assets; exemptions from customs duties and from certain indirect tax; immunity from exchange control for financial operations; privileged treatment and confidentiality for official communications; and rights to operate communications networks (Division 1, section 6). The regulation also provides parallel immunity and privileges for Delegates of the ICRC and their family members (Division 2, sections 7-8) and for Representatives of the ICRC on temporary mission and their family members (Division 3, sections 9-10). It establishes an indirect tax concession scheme for certain mail and telecommunications services used for official ICRC communications (Division 4, sections 11-14). Division 5 sets cooperation obligations, limits to when immunities apply, and confirms the ICRC’s juridical personality (sections 15-17). The text of the Arrangement (Schedule 1) is reproduced in full in the instrument and includes additional practical understandings and an Annex noting certain New South Wales state exemptions.

Mechanically the regulation does three things: (1) it applies the Act’s machinery (subsection 9D(1) and subsection 9D(2) of the Act are specifically invoked in sections 5, 7, 9 and 17) to the ICRC so the organisation and identified personnel obtain specified privileges and immunities; (2) it authorises specified indirect tax concessions, setting eligibility thresholds, documentary and contractual conditions, and ATO claim procedures (sections 11-14); and (3) it sets procedural and cooperative duties on the ICRC and its personnel (for example, notification of arrivals and departures and identity document requirements at section 16). The Schedule records the Parties’ understandings (for example, that the ICRC’s status in Australia will be comparable to an intergovernmental organisation and that privileges are conferred in the interest of the ICRC and not for the personal benefit of individuals).

The instrument is intended to give the ICRC the legal capacities and protections necessary to carry out its humanitarian tasks in Australia (see Schedule 1, paragraphs 1-2 and 14). The regulation is self-contained in respect of the privileges it confers (for example, the specific exceptions to immunity from suit are listed in section 6(2)), and it cross-references provisions of the Act and the A New Tax System (Goods and Services Tax) Act 1999 for terms such as taxable supply and tax invoice (section 4).

The regulation organises privileges and immunities around a small set of legal concepts: inviolability, immunity from legal process, immunity from interference, fiscal exemptions and concessions, communications privileges and confidentiality, juridical personality, and obligations of cooperation. Each concept is given defined scope and limits in text.

Inviolability: The regulation makes the ICRC’s premises, archives and all documents inviolable (section 6(1)). Schedule 1 repeats this and adds that Australian authorities will not enter ICRC premises without consent except in emergencies (Schedule 1, paragraph 4.2). Inviolability is framed as territorial sanctity and document confidentiality rather than absolute non‑interference: the Schedule contemplates consent and emergency exceptions.

Immunity from legal process: The ICRC and its property have immunity from legal process generally (section 6(2)), but the regulation sets out explicit statutory exceptions where suits or processes are permitted, including suits for recovery of damages after motor vehicle accidents involving ICRC vehicles, suits on contracts for supply of goods or services, finance transactions, guarantees or indemnities, counter‑claims, and attachment of amounts payable as salary or other remuneration in accordance with a final court order (section 6(2)(a)-(f)). The regulation also allows the ICRC to waive immunity (section 6(4)). Section 15 emphasises that privileges and immunities are conferred in the interest of the ICRC rather than individuals and that privileges may not apply where the ICRC considers they would impede the course of justice and the purposes for which privileges were conferred would not be prejudiced.

Immunity from interference and financial sovereignty: The regulation grants immunity from search, seizure, requisition, confiscation, expropriation and other forms of interference for the ICRC’s property and assets (section 6(5)). It also grants immunity from laws and regulations relating to exchange control so that the ICRC may hold funds and operate accounts in any currency, transfer funds within Australia, and convert currencies as necessary while carrying out its activities (section 6(10) and Schedule 1, paragraph 7).

Fiscal exemptions and indirect tax concessions: The ICRC is exempt from customs duties, and certain indirect tax privileges are provided (section 6(6)). The regulation limits privileges in relation to indirect tax to exemptions under section 11B of the Act and concessions under section 11C of the Act in relation to acquisitions listed in Division 4 (section 6(9)). Division 4 then specifies eligible acquisitions (mail and telecommunications services used for official communications), invoice thresholds, conditions attaching to assignment and repayment, claim procedures and payment mechanics (sections 11-14). Definitions of taxable supply and tax invoice are adopted from the GST Act (section 4).

Primary entities affected

International Committee of the Red Cross (ICRC): the regulation directly confers immunities, inviolability, exemption from customs duties and specified indirect tax concessions and immunities in relation to exchange control on the ICRC itself (sections 5-6, 11-14, 17). The ICRC is required to cooperate with Australian authorities (section 16) and to take measures to prevent abuse of privileges (section 16(1), Schedule 1, paragraph 10).
Delegates of the ICRC: persons who are Delegates receive immunity from suit and other legal process for acts done in their capacity as Delegates and related privileges (sections 7-8). Family members of Delegates are also covered (section 7(b)).
Representatives on temporary mission: persons temporarily representing the ICRC in Australia are covered for acts done in their capacity as representatives (section 9) and receive the privileges in section 10; family members are included (section 9(b)).
ICRC personnel generally: the cooperation obligations require the ICRC and its personnel to respect Australian law and to provide identity and visa documentation (section 16).

Secondary and consequentially affected parties

Suppliers of services (mail and telecommunications) and suppliers of goods to the ICRC: the indirect tax concession scheme (Division 4, sections 11-14) affects suppliers’ invoicing and the treatment of indirect tax; it imposes documentary thresholds (single tax invoice for a taxable supply of at least $200 including indirect tax , section 11(1)) and contractual conditions if services are assigned (section 12).
Australian Taxation Office (ATO): the ATO is the recipient of claims for payment under the indirect tax concession scheme and is the payer as prescribed (section 13). The regulation prescribes the required form and timing of claims (section 13) and that the amount will be paid to a single nominated recipient or account (section 14).
Australian federal and state authorities: customs, quarantine, immigration, courts and tribunals, and law enforcement are affected. Customs duties and import/export restrictions are subject to the exemptions set out (section 6(6)), but quarantine and prohibitions are explicitly preserved (section 6(7)). Courts must respect immunities but some actions (for example, tort claims for motor vehicle accidents, contractual disputes, attachment orders for salaries) are permitted by the regulation (section 6(2)). State-level tax and duties are addressed in the Schedule’s Annex A where New South Wales has approved specific exemptions (Annex A).

Rights conferred on the ICRC and its personnel

Inviolability and property protection: The ICRC’s premises, archives and all documents are declared inviolable (section 6(1)). The property and assets of the ICRC have immunity from search, seizure, requisition, confiscation, expropriation and other forms of interference (section 6(5)). Schedule 1 reaffirms no entry without consent except in emergencies (Schedule 1, paragraph 4.2).
Immunity from legal process with listed exceptions: The ICRC and its assets have immunity from legal process except for the specified categories (motor vehicle torts, contracts for supply of goods or services, finance transactions, guarantees/indemnities, counter‑claims, and attachment of salary per final court order) (section 6(2)). The ICRC may waive immunity (section 6(4)).
Fiscal and customs privileges: Exemption from customs duties and immunity from import/export restrictions for articles for official use or intended for ICRC assistance programmes (section 6(6)). Indirect tax privileges are limited to the Act’s section 11B exemption and section 11C concessions in relation to specified acquisitions (section 6(9)). Division 4 identifies eligible acquisitions (mail and telecommunications services for official communications on a single taxable supply tax invoice of at least $200) and prescribes the conditions for payment (sections 11-14).
Financial and exchange facilities: The ICRC is immune from exchange control laws and may hold funds and operate accounts in any currency, make transfers and convert currencies while carrying out activities (section 6(10) and Schedule 1, paragraph 7).
Communications rights and confidentiality: Official mail and communications receive preferential treatment comparable to intergovernmental organisations or diplomatic missions (section 6(11)). Communications cannot be censored (section 6(12)). Confidentiality of reports, correspondence and communications is protected and their contents cannot be divulged or used in legal proceedings without prior written authorisation from the ICRC (section 6(13)). The ICRC may use codes and cipher, dispatch by courier or sealed bags, and operate corporate networks subject to Australian law (sections 6(14)-(16)).
Operational legal personality: The ICRC has juridical personality and the legal capacities necessary for exercises of powers and functions (section 17, Schedule 1 paragraph 2).

The regulation establishes immunities and obligations but does not create a separate schedule of criminal penalties within its text. Enforcement and limits are effected through legal process exceptions, administrative mechanisms and contractual conditions.

Mechanisms that functionally enforce compliance or limit privilege

Waiver and self‑limitation by the ICRC: The ICRC may waive immunity (section 6(4)). Section 15 also permits immunities to be considered not to apply if the ICRC itself thinks the privilege would impede the course of justice and the underlying purpose would not be prejudiced (section 15(3)-(4)). These provisions make the ICRC’s own decision-making a principal enforcement lever in particular circumstances.
Court process where immunity is not conferred: The regulation specifies categories where legal process may proceed against the ICRC and therefore creates an enforcement channel for those claims , for example tort actions for motor vehicle accidents, contract disputes, finance and guarantee matters, counter‑claims, and attachment of salary pursuant to a final court order (section 6(2)(a)-(f)). Courts therefore retain jurisdiction in those enumerated contexts.
Attachment orders: Section 6(2)(f) contemplates that, in accordance with a final court order, amounts payable as salary, wages or other remuneration by the ICRC to persons who hold an office in the ICRC or experts assisting the ICRC can be attached. The mechanism implies that judgment creditors can enforce money judgments against certain ICRC‑related payments after court process.
Administrative conditions on indirect tax concessions: The indirect tax concession scheme contains enforceable conditions and repayment obligations. A person who acquires relevant services must be subject to a written agreement between the ICRC and the Commonwealth to repay the amount calculated under section 11C(2) of the Act if the services are assigned to another person in Australia (section 12(1)(a)). Where a person has breached a prior agreement, the Minister may impose written requirements (including security) to ensure compliance (section 12(1)(b)). These contractual conditions are enforcement mechanisms because breach can trigger repayment obligations and ministerial requirements.
ATO claims process and payment control: Claims under section 11 (the Act) must follow the prescribed statutory form and timing (signed by or for the ICRC, attached to a tax invoice, sent to the ATO, and subject to frequency constraints , section 13). The ATO is the administrative payor and gatekeeper; it refuses or pays claims on forms and evidence. Section 14 prescribes that payments be made to a single nominated recipient or account, reducing dispersion and providing an auditing point.

This regulation explicitly cross‑references and interacts with the International Organisations (Privileges and Immunities) Act 1963 (the Act), the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), immigration and visa rules, quarantine and biosecurity laws, and state revenue instruments as reflected in the Schedule.

Statutory basis and cross‑references

Act: The regulation is made under the Act (section 3). It implements subsection 9D(1) of the Act by specifying the privileges and immunities to be conferred upon the ICRC and its personnel (see sections 5, 7 and 9). Section 17 gives effect to subsection 9D(2) of the Act by declaring the ICRC’s juridical personality.
GST Act: Definitions of taxable supply and tax invoice are incorporated by reference to the A New Tax System (Goods and Services Tax) Act 1999 in section 4. The indirect tax concession scheme in Division 4 is explicitly tied to the Act’s section 11B and 11C mechanisms (section 6(9) and section 11).

Immigration and visa law

The regulation preserves ordinary immigration requirements: Delegates and representatives must hold identity documents as evidence of status but must still hold an official or personal passport and valid visa and must comply with visa restrictions and conditions (section 16(4)-(6); Schedule 1 paragraph 12). That situates the privileges within the existing visa framework rather than replacing it.

Quarantine, customs and public health law

Customs exemptions and import/export privileges do not override quarantine and other prohibitions: section 6(7) explicitly preserves application of laws concerning quarantine and laws that prohibit or restrict importation or exportation of animals, plants or goods. The Schedule repeats this qualification (Schedule 1 paragraph 8.2). Practically, customs exemptions operate alongside and subject to biosecurity regimes.

State and territory law

The Schedule notes New South Wales has given approval for specific exemptions (Annex A) such as duty on certain insurance, motor vehicle registration duty and payroll tax under the Duties Act 1997 (NSW) and other state instruments. That indicates state‑level cooperation is recorded but the regulation itself is a Commonwealth instrument under the Act; the schedule documents state decisions rather than imposing state law changes.

Courts and legal process

Instrument identity and baseline

The document is titled the International Organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013 and is Select Legislative Instrument No. 237, 2013 (front matter). It was made by the Administrator of the Government of the Commonwealth of Australia on 8 November 2013 on the advice of the Federal Executive Council and signed by the Minister for Foreign Affairs (front matter). The regulation commences on the day after it is registered (section 2).

Contained amendment and variation mechanisms

The regulation incorporates the ICRC Arrangement dated 24 November 2005 in Schedule 1 (section 4 definition and Schedule 1 heading). The Schedule itself contains provisions on amendment and termination of the Arrangement between the Parties: clause 16 of the Schedule provides that the Arrangement may be amended at any time by the mutual written consent of the Parties; clause 18 provides that either Party may terminate the Arrangement by giving at least six months’ written notice (Schedule 1, clauses 16 and 18). These clauses concern the international Arrangement between the Parties; they do not prescribe a domestic legislative amendment process but signal the Parties’ ability to negotiate changes and terminate the Arrangement.
On indirect tax concessions, Division 4 references the Act’s mechanisms (section 6(9)) and prescribes claims procedure and conditions (sections 11-14). Any future amendments to the Act or the GST Act would affect how these references operate; the regulation itself does not provide amendment powers beyond the normal Commonwealth legislative process.

Observations within the instrument

The regulation does not document any prior versions or past amendments to its own text within the instrument. It reproduces the 2005 Arrangement as the accepted international understanding between the Parties but does not set out a legislative amendment history for the regulation itself.

Instrument flexibilities and reliance on intergovernmental consent

The Schedule anticipates amendment by mutual consent between the Government of Australia and the ICRC (Schedule 1, clause 16). Any change to the domestic legislative effect of the Arrangement (for example, to add or remove immunities or to change the scope of the indirect tax concession) would require the usual legislative process for amendment of a statutory instrument and could be preceded by a mutual written change to the underlying Arrangement.

The regulation itself does not include or reference any case law, court decisions or litigation outcomes. The text makes several references to the Act (for example, subsection 9D(1) and subsection 9D(2) of the Act invoked in sections 5, 7, 9 and 17) and to administrative procedures executed by the ATO for indirect tax claims (section 13), but there are no recorded judicial decisions, disputes, or litigation histories within the instrument or Schedule.

What is recorded about dispute resolution

The Schedule contains a diplomatic negotiation mechanism for disputes between the Parties under clause 15. It specifies that any dispute arising out of interpretation or application of the Arrangement will be settled by negotiation and that the Parties should bear in mind national interests and act in good faith (Schedule 1, clause 15.1-15.2). This is a diplomatic settlement clause and not a judicial enforcement provision.

Implication for practitioners

The absence of litigation history in the text means that any questions about judicial interpretation of the instrument’s provisions (for example, scope of immunity, meaning of “official use”, the application of the indirect tax concession thresholds, or the circumstances under which the ICRC’s waiver or decision that an immunity would impede the course of justice would be valid) remain open to future judicial development and administrative decisions. Practitioners should therefore be prepared to consider how the Act, the GST Act and general principles of statutory interpretation and international immunities might be applied by courts in the event of litigation, but the regulation provides no internal precedents or adjudicative record.
For cases that would arise on the permitted exceptions (for example, a contract claim or motor vehicle tort), the courts’ usual jurisdiction will be engaged, and litigation would proceed under the normal procedural rules referenced in the relevant statutes; the regulation does not alter those processes except insofar as it grants immunity outside the enumerated exceptions.

In short, within this instrument there is no litigation history or judicial guidance supplied; any legal disputes touching its operation would be novel at the level of this text.

This regulation contains multiple points where practical compliance or legal outcomes differ from intuitive expectations. The following are concrete traps and operational details to watch for, all grounded in the regulation’s text.

Immunities are broad but expressly limited (section 6(2)). The ICRC’s immunity from legal process is not absolute. Lawyers and claimants should note the explicit statutory exceptions: motor vehicle accidents, contracts for supply of goods or services, loans/finance transactions, guarantees/indemnities, counter‑claims, and attachment of amounts payable as salary in accordance with a final court order (section 6(2)(a)-(f)). Do not assume an immunity will bar a commercial or tort claim that falls within these lists.
The ICRC can waive immunity (section 6(4)). The organisation’s own decision can trigger enforceability: the ICRC’s waiver will change the practical litigation landscape. Privileges are identified as being conferred in the interest of the ICRC rather than individuals (section 15(1)), and Division 5 contemplates the ICRC’s own opinion controlling whether certain immunities apply (section 15(3)-(4)). Practitioners must check whether the ICRC has or has not waived immunity in a given instance.
Tax exemption for Delegates is limited by nationality/residence (section 8(5)-(6)). Delegates have immunity from taxation on salaries and emoluments received from the ICRC, except that Australian citizens or permanent residents employed by the ICRC in Australia do not have such immunity. That alters payroll obligations and withholding responsibilities for Australian employers for national delegates/permanent residents.
National service rules differ by citizenship/residence (sections 8(7)-(9), 10(4)-(6)). Delegates and representatives who are not Australian citizens or permanent residents are immune from national service obligations, but Australian nationals or permanent residents are not automatically exempt , deferment must be granted only if the ICRC considers serious disruption will occur and if deferment is possible. The ICRC’s opinion is pivotal.
Indirect tax concessions are narrow and procedural (sections 11-14). Only acquisitions of mail services and telecommunications services related to official mail and official communications are eligible, and only where there is a single tax invoice for a taxable supply of at least $200 including indirect tax (section 11(1)). The acquisition must be intended for official use at the time (section 11(2)). Claims must be signed by or for the ICRC, be accompanied by the tax invoice, be sent to the ATO, and respect timing limitations (section 13). The payment is to a single recipient or account nominated by or for the ICRC (section 14). Suppliers or service users who fragment invoices below $200, or who cannot demonstrate “official use” at the time of purchase, will not qualify.

This section sets out practical, source‑grounded steps for the ICRC, its Delegates/representatives and third parties (suppliers, ATO, Australian authorities) to comply with the regulation’s requirements and to protect privileges without risking inadvertent loss of immunity or administrative denial of concessions.

For the ICRC (organisational and operational compliance)

Establish clear internal rules to prevent abuse (section 16(1); Schedule 1 paragraph 10). The regulation requires the ICRC to “take every measure” to prevent abuse and to co‑operate with Australian authorities. Draft and implement compliance policies, internal audit procedures, and reporting lines that monitor use of privileges (premises access, sealed bag use, tax concession claims).
Maintain identity documentation and visa compliance (section 16(4)-(6); Schedule 1 paragraph 12). Ensure every Delegate and representative holds the “Identity document and commission”, a valid passport, and the correct visa for entry and stay in Australia. Maintain a central register of arrivals/departures, titles and functions to supply to Australian authorities as required (section 16(3)).
Prepare waivers and decision protocols for immunity (sections 6(4), 15). Since the ICRC can waive immunity and decide if an immunity would impede the course of justice, adopt a written internal procedure for evaluating requests to waive immunity, documenting rationale, and executing formal waivers when appropriate to reduce litigation or reputational risk.
Document and label premises and archives; set consent protocols for entry (section 6(1), Schedule 1 paragraph 4). Create formal memoranda of understanding with local authorities specifying access procedures and emergency entry protocols consistent with the instrument.
Safeguard communications confidentiality and cipher use (sections 6(13)-(15), 6(16)). Implement encrypted systems and policies for codes/ciphers, and maintain records of any requests for disclosure to ensure prior written authorisation is sought before release of confidential communications in legal contexts.

For Delegates and representatives (personal compliance)

Understand tax position and payroll consequences (sections 8(5)-(6)). Delegates who are Australian citizens or permanent residents and employed in Australia by the ICRC are not immune from taxation on ICRC pay. The ICRC and payroll administrators must ensure payroll tax and source deductions are handled in compliance with Australian tax law for these individuals.

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Commonwealth Coat of Arms

International Organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013

Select Legislative Instrument No. 237, 2013

I, RADM Kevin Scarce AC CSC RANR, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the International Organisations (Privileges and Immunities) Act 1963.

Dated 08 November 2013

Kevin Scarce

Administrator

By His Excellency’s Command

Julie Bishop

Minister for Foreign Affairs

Contents

Part 1—Preliminary

1 Name of regulation

2 Commencement

3 Authority

4 Definitions

Part 2—International Committee of the Red Cross

Division 1—Privileges and immunities of the ICRC

5 Application

6 Privileges and immunities

Division 2—Privileges and immunities of delegates of ICRC

7 Application

8 Privileges and immunities

Division 3—Privileges and immunities of representatives of the ICRC on temporary mission

9 Application

10 Privileges and immunities

Division 4—Indirect Tax Concession Scheme

11 Acquisitions

12 Conditions

13 Claim for payment

14 Manner of payment

Division 5—Miscellaneous

15 When Divisions 1 and 2 do not apply

16 Cooperation with Australia

17 Legal status and juridical personality of the ICRC

Schedule 1—Arrangement between the Government of Australia and the International Committee of the Red Cross (“ICRC”) on a regional headquarters in Australia

Part 1—Preliminary

1 Name of regulation

This regulation is the International Organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013.

2 Commencement

This regulation commences on the day after it is registered.

3 Authority

This regulation is made under the International Organisations (Privileges and Immunities) Act 1963.

4 Definitions

(1) In this regulation:

Act means the International Organisations (Privileges and Immunities) Act 1963.

child: without limiting who is a child of a person for the purposes of this regulation, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

ICRC means the International Committee of the Red Cross.

ICRC Arrangement means the Arrangement Between the Government of Australia and the International Committee of the Red Cross (“ICRC”) on a regional headquarters in Australia, done at Canberra on 24 November 2005 (a copy of the text of which is set out in Schedule 1).

taxable supply has the meaning given by section 195‑1 of the A New Tax System (Goods and Services Tax) Act 1999.

tax invoice has the meaning given by section 29‑70 of the A New Tax System (Goods and Services Tax) Act 1999.

(2) For the purposes of this regulation, relationships (including the relationship of being family or being relatives) are taken to include the following (without limitation):

(a) relationships between de facto partners;

(b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in subsection (1);

Part 2—International Committee of the Red Cross

Division 1—Privileges and immunities of the ICRC

5 Application

For subsection 9D(1) of the Act, this Division confers privileges and immunities upon the ICRC.

6 Privileges and immunities

Inviolability of premises, archives and documents

(1) The following are inviolable:

(a) the ICRC’s premises;

(b) the archives of the ICRC;

Immunity from legal process

(2) The ICRC, and the property and assets of the ICRC (regardless of who holds the assets or property), have immunity from any kind of legal process, other than a suit or other legal process for:

(a) recovery of damages for any damage, injury or death resulting from an accident involving a motor vehicle owned or operated on behalf of the ICRC; or

(b) any contract entered into by the ICRC for the supply of goods or services; or

(d) any contract of guarantee or indemnity to which the ICRC is a party; or

(e) a counter‑claim made against the ICRC by a party to proceedings instituted by the ICRC; or

(f) for the attachment, in accordance with a final order of a court, of any amount payable as salary, wages or other remuneration by the ICRC to any person who holds an office in the ICRC or any expert assisting the ICRC.

(3) Subsection (2) applies whether the property or an asset of the ICRC is held by the ICRC or another person.

(4) The ICRC may waive the immunity mentioned in subsection (2).

Immunity from interference

(5) The property and assets of the ICRC have immunity from search, seizure, requisition, confiscation, expropriation and any other form of interference.

Privileges and immunities relating to customs duties, import and export restrictions, and indirect tax

(6) The ICRC is exempt from customs duties and indirect tax, and has immunity from restrictions and prohibitions on the import, export or transit through Australia of:

(a) articles (including ICRC publications and audio‑visual materials) for official use; and

(b) articles intended for ICRC assistance programmes within Australia or another country.

(7) Subsection (6) does not affect the application of:

(a) any law with respect to quarantine; or

(b) any law that prohibits or restricts the importation into, or the exportation from, Australia of any animals, plants or goods.

(8) Subsection (7) does not prejudice any immunity from suit or from civil or criminal process conferred by this regulation.

(9) The ICRC’s privileges in relation to indirect tax are limited to:

(a) the exemption conferred by section 11B of the Act; and

(b) concessions under section 11C of the Act in relation to acquisitions mentioned in Division 4.

Immunity from financial restrictions

(10) The ICRC has immunity from laws and regulations in relation to exchange control and related matters, and may, while carrying out its activities:

(a) hold funds, currency of any kind and other financial assets, and operate accounts in any currency; and

(b) transfer its funds or currency to, from and within Australia, and convert any currency held by it into any other currency.

Privileges and immunities relating to communications

(11) The ICRC’s official mail and other official communications and correspondence must receive treatment that is no less favourable than that given to any intergovernmental organisation or diplomatic mission in Australia in relation to priorities, rates, taxes, fees and surcharges.

(12) The ICRC’s official communications and correspondence to and from the ICRC’s premises must not be censored.

(13) The confidentiality of ICRC reports, correspondence and other communications must be respected, and the contents of these reports, communications and other correspondence must not be:

(a) divulged to persons or organisations other than the persons for whom they are intended; or

(b) used in the course of legal proceedings;

without prior written authorisation from the ICRC.

(14) The ICRC may use all appropriate means of communication, including electronic communication, and has the right to use codes or cipher for its official communications and correspondence.

(15) The ICRC has the right to dispatch and receive correspondence and other communications by courier or in sealed bags, with the same privileges, immunities and facilities as diplomatic couriers and bags.

(16) The ICRC may, in compliance with applicable Australian laws:

(a) operate a corporate network between its offices within and outside Australia for voice and data services; and

(b) install and operate in Australia point‑to‑point telecommunication facilities and other communication and transmission facilities as may be necessary to facilitate communications with the ICRC’s premises within and outside Australia.

Division 2—Privileges and immunities of delegates of ICRC

7 Application

For subsection 9D(1) of the Act, this Division confers privileges and immunities upon:

(a) a Delegate of the ICRC, in relation to acts and things done in the Delegate’s capacity as a Delegate, including after he or she has ceased to be a Delegate; and

(b) a family member of the Delegate.

8 Privileges and immunities

Immunity from legal process

(1) The Delegate has immunity from suit and other legal process (including being called as a witness).

Immunities and privileges relating to importation and exportation

(2) The Delegate has the right to:

(a) import his or her personal effects duty free when first taking up a post in Australia; and

(b) export his or her personal effects duty free when leaving Australia on the termination of his or her function.

Privileges and immunities in time of international crisis

(3) The Delegate has repatriation facilities in a time of international crisis that are no less favourable than those given to a diplomatic agent in a time of international crisis.

Privileges in relation to exchange

(4) The Delegate has privileges in relation to exchange facilities that are no less favourable than those enjoyed by a member, of comparable rank, of a diplomatic mission.

Immunity from taxation on salaries and emoluments

(5) The Delegate has immunity from taxation on the salaries and emoluments received from the ICRC.

(6) However, if the Delegate is an Australian citizen or permanent resident of Australia who is employed by the ICRC in Australia, the Delegate does not have immunity from taxation on salaries, fees and allowances received from the ICRC.

Immunity from national service obligations

(7) If the Delegate is not an Australian citizen or permanent resident of Australia, the Delegate has immunity from national service obligations.

(8) If a member of the Delegate’s family is not an Australian citizen or permanent resident of Australia, the member has immunity from national service obligations.

(9) If:

(a) the Delegate, or a member of the Delegate’s family, is:

(i) an Australian citizen or permanent resident of Australia; and

(ii) called for national service; and

(b) in the opinion of the ICRC, serious disruption to essential ICRC operations may occur if the Delegate or the member performs the national service at a particular time;

deferment from the national service must be granted if this is possible.

Division 3—Privileges and immunities of representatives of the ICRC on temporary mission

9 Application

For subsection 9D(1) of the Act, this section confers privileges and immunities upon:

(a) a representative of the ICRC, while on temporary mission in Australia, in relation to acts and things done:

(i) in the representative’s capacity as a representative, including after he or she has ceased to be a representative; and

(ii) regardless of whether the act or things are done in Australia or elsewhere; and

(b) a family member of the representative.

10 Privileges and immunities

Immunity from legal process

(1) The representative has immunity from suit and other legal process (including being called as a witness).

Privileges and immunities in time of international crisis

(2) The representative has repatriation facilities in a time of international crisis that are no less favourable than those given to a diplomatic agent in a time of international crisis.

Privileges in relation to exchange

(3) The representative has privileges in relation to exchange facilities that are no less favourable than those enjoyed by a member, of comparable rank, of a diplomatic mission.

Immunity from national service obligations

(4) If the representative is not an Australian citizen or permanent resident of Australia, the representative has immunity from national service obligations.

(5) If a member of the representative’s family is not an Australian citizen or permanent resident of Australia, the member has immunity from national service obligations.

(6) If:

(a) the representative, or a member of the representative’s family, is:

(i) an Australian citizen or permanent resident of Australia; and

(ii) called for national service; and

(b) in the opinion of the ICRC, serious disruption to essential ICRC operations may occur if the representative or the member performs the national service at a particular time;

deferment from the national service must be granted if this is possible.

Division 4—Indirect Tax Concession Scheme

11 Acquisitions

(1) For paragraph 11C(1)(a) of the Act, an acquisition of any of the following by the ICRC, on a single tax invoice for a taxable supply of at least $200 (including indirect tax), is covered by this regulation:

(a) mail services in relation to the ICRC’s official mail and other official communications and correspondence mentioned in subsection 6(11);

(b) telecommunications services in relation to the ICRC’s official mail and other official communications and correspondence mentioned in subsection 6(11).

(2) However, an acquisition by the ICRC is covered by this regulation only if, at the time of the acquisition, it was intended for the official use of the ICRC.

12 Conditions

(1) For paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable only if the following conditions are satisfied:

(a) the person who acquired the services is subject to an agreement in writing between the ICRC and the Commonwealth to repay to the Commonwealth the amount worked out under subsection (2) if the person assigns the services to another person (except to another person entitled to an indirect tax concession under this regulation or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;

(b) if the person has breached a previous agreement under paragraph (a)—the person complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the person complies with the agreement.

(2) For paragraph (1)(a), the amount to be repaid is the amount paid under section 11C of the Act in relation to the acquisition.

(3) The amount mentioned in subsection 11C(1) of the Act is not payable if:

(a) an amount was payable for a similar acquisition; and

(b) the Minister tells the person in writing that, in his or her opinion, the person’s reasonable needs were met by that acquisition.

(4) In this regulation:

person includes the ICRC.

13 Claim for payment

A claim for payment under section 11:

(a) must be signed by, or for, the ICRC; and

(b) must be sent with the tax invoice for the acquisition; and

(d) may only be sent:

(i) with another claim; or

(ii) at least 3 months after another claim from the ICRC is sent.

14 Manner of payment

For paragraph 11C(3)(b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by, or for, the ICRC.

Division 5—Miscellaneous

15 When Divisions 1 and 2 do not apply

(1) The privileges and immunities conferred in Divisions 1 and 2 are conferred in the interest of the ICRC, and not for the personal benefit of individuals.

(2) A person mentioned in Division 1 or 2 has a duty to obey Australian law.

(3) A privilege or immunity in Division 1 or 2 does not apply if the ICRC considers that:

(a) the privilege or immunity would impede the course of justice; and

(b) the purpose for which the privilege or immunity was conferred would not be prejudiced.

(4) In addition to subsection (3), a privilege or immunity conferred on a person mentioned in Division 2 does not apply if, in the opinion of the ICRC:

(a) the immunity would impede the course of justice; and

(b) the interests of the ICRC would not be prejudiced if the privilege or immunity did not apply.

16 Cooperation with Australia

(1) The ICRC must cooperate at all times, and take every measure, to prevent any form of abuse of the privileges and immunities mentioned in this regulation.

(2) The ICRC and its personnel must respect Australian law:

(a) before they enter Australia, so far as Australian law is relevant; and

(b) from the moment they arrive in Australia and may benefit from the protection of Australian law.

(3) The ICRC must inform Australian authorities of:

(a) arrivals in and departures from Australia of ICRC personnel; and

(b) the titles and functions of ICRC personnel working in Australia.

(4) An ICRC Delegate or an ICRC representative on temporary mission in Australia must hold a document called an “Identity document and commission”, attesting to the holder’s status as an ICRC staff member.

(5) Subsection (4) does not remove the requirement for the Delegate or representative to hold an official or personal passport issued from the delegate’s or representative’s country of residence as evidence of identity.

(6) The Delegate or representative must:

(a) hold a valid visa in order to travel to, enter and remain in Australia; and

(b) comply with any visa restrictions or conditions.

17 Legal status and juridical personality of the ICRC

For subsection 9D(2) of the Act, the ICRC has juridical personality and such legal capacities as are necessary for the exercise of its powers and the performance of its functions.

Schedule 1—Arrangement between the Government of Australia and the International Committee of the Red Cross (“ICRC”) on a regional headquarters in Australia

Note: See the definition of ICRC Arrangement in section 4.

The Government of Australia and the International Committee of the Red Cross (“the Parties”)

Considering the work done by the ICRC in providing, without discrimination, protection and assistance with a view to relieving human suffering,

Bearing in mind the wish expressed by the ICRC to establish a delegation to carry out the humanitarian tasks entrusted to it under the 1949 Geneva Conventions and the 1977 Additional Protocols, to which Australia is a party, and the Statutes of the International Red Cross and Red Crescent Movement,

Have reached the following understandings:

Status of the ICRC

The status of the ICRC in Australia will be comparable to that of an intergovernmental organisation.

Juridical Personality

The Government of Australia will confer upon the ICRC juridical personality and such legal capacities as are necessary for the exercise of the powers, and the performance of the functions, of the organisation.

Immunity of the ICRC, its Property and Assets

1. The ICRC, its property and assets, wherever located and by whomsoever held, will enjoy immunity from every form of legal process, except insofar as in any particular case the ICRC has expressly waived its immunity.

2. The immunity from suit and from other legal process conferred by paragraph 3.1 on the ICRC does 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 by. or operated on behalf of, the ICRC was involved;

(b) in relation to:

(i) any contract entered into by the ICRC for the supply of goods or services;

(ii) any loan, or other transaction for the provision of finance, by or to the ICRC; or

(iii) any contract of guarantee or indemnity to which the ICRC is a party;

(c) by way of, or in relation to, a counter‑claim made against the ICRC by a party to proceedings instituted by the ICRC; or

(d) in respect of the attachment, in accordance with a final order of a Court, of any amount payable as salary, wages or other remuneration by the ICRC to any person who holds an office in the ICRC or any expert assisting the ICRC.

Inviolability of ICRC Premises, Property and Assets

1. The premises of the ICRC will be inviolable. The property and assets of the ICRC, wherever located and by whomsoever held, will be immune from search, requisition, confiscation, or expropriation.

2. No authorities of the Government of Australia will enter the premises of the ICRC to perform any duties therein without the consent of, and under conditions agreed to by, the ICRC. Such consent will however be deemed to have been provided in the case of fire or other emergency requiring immediate protective action,

Inviolability of ICRC Archives

The ICRC’s archives and, in general, all documents belonging to it or held by it, will be inviolable, wherever located.

Communications

1. The ICRC will enjoy in Australia for its official communications treatment not less favourable than that accorded by the Government to any other international organisation or diplomatic mission, in the matter of priorities, rates and surcharges, taxes, fees and surcharges on mail, cables, telegrams, telexes, radiograms, telefax, telephone and other means of communications, apparatus licence taxes and charges, and press rates for information to the press and radio.

2. All official correspondence and other official communications to and from the ICRC premises by whatever means or in whatever form transmitted will be immune from censorship.

3. The ICRC will have the right in Australia to use codes and to dispatch and receive correspondence and other communications either by courier or in sealed bags which will have immunities and privileges not less favourable than those accorded to diplomatic couriers and bags.

4. Subject to compliance with applicable Australian laws and regulations, the ICRC may operate a corporate network between its offices within and outside Australia for voice and data services and may install and operate in Australia point‑to‑point telecommunication facilities and other communication and transmission facilities as may be necessary to facilitate communications with the ICRCʼs premises both from within and outside Australia.

Financial Resources of the ICRC

1. The ICRC may hold national or foreign currency and other financial assets, and operate accounts in any currency, without being subject to the laws and regulations governing exchange control and related matters.

2. The ICRC may freely transfer funds in national or foreign currency to, from and within the country, and convert such assets freely into other currencies.

Exemption from Customs Duties

1. The ICRC will be exempt from customs duties or any equivalent charge and from restrictions and prohibitions on the import, export or transit through Australia of articles (including ICRC publications and audio‑visual materials) for official use and of articles intended for ICRC assistance programmes within Australia or in another country.

2. Nothing in this Arrangement affects the application of any law of the Commonwealth or of a Territory of the Commonwealth relating to quarantine, or prohibiting or restricting the importation into, or the exportation from, Australia or that Territory, as the case may be, of any animals, plants or goods but this paragraph does not prejudice the immunity from suit or from civil or criminal process conferred by this Arrangement.

Status of Delegates of the ICRC

1. In respect of acts and things done in his or her capacity as a Delegate of the ICRC, a Delegate will be immune from suit and from other legal process and, for the avoidance of doubt, may not be called as witness in respect of acts and things done in his or her capacity as a Delegate, even after he or she has left the services of the. delegation.

2. Delegates of the ICRC and their families will be exempt for the application of laws relating to national service obligations. Such exemption will not, however, apply to nationals of Australia. Should Delegates who are nationals of Australia be called for national service, the Government will endeavour to grant deferment when, in the opinion of the ICRC, serious disruption to essential ICRC operations may occur.

3. The ICRC will inform the competent authorities of arrivals in and departures from the country, and of the titles and functions of staff working in Australia.

4. When first taking up a post in Australia, Delegates of the ICRC will have the right to import their personal effects duty free, and to export their personal effects duty free when leaving Australia on the termination of their function,

5. In the event of an international crisis, the Delegates of the ICRC will be granted repatriation facilities like those accorded to a diplomatic agent.

6. Delegates of the ICRC will benefit from the same privileges in respect of exchange facilities as are accorded to the members, of comparable rank, of diplomatic missions.

7. Delegates of the ICRC will be exempted from taxation on salaries and emoluments received from the ICRC. However, Australian citizens and permanent residents of Australia who are employed by the ICRC in Australia will not be exempted from taxation on salaries and emoluments received from me ICRC.

8. The ICRC and its personnel will respect the laws and regulations in force in Australia, as maybe relevant before they enter, and from the moment they arrive in the country and may benefit from their protection.

9. The privileges, immunities, exemptions and facilities accorded in this Arrangement are granted in the interest of the ICRC and not for the personal benefit of the individuals themselves. Persons accorded privileges and immunities by way of this Arrangement are under a duty to obey the laws and regulations of Australia. The ICRC will waive the immunity accorded to any person if, in its opinion, such immunity would impede the course of justice and the waiver would not prejudice the purposes for which the immunities are accorded.

10. The ICRC will take every measure to ensure that the privileges, immunities, exemptions and facilities conferred by this Arrangement are not abused and for this purpose will establish such rules and regulations as it may deem necessary and expedient. There will be consultation between the Government and the ICRC, should the Government consider that an abuse has occurred.

ICRC Representatives on Temporary Mission

Representatives of the ICRC on temporary mission in Australia will, in respect of acts and things done in their capacity as such a representative, enjoy the same privileges and immunities as outlined in sub‑paragraphs (1), (2), (5) and (6) of paragraph 9 of this Arrangement.

Confidentiality of ICRC Communications

The Government of Australia undertakes to respect the confidentiality of ICRC reports, correspondence and other communications. This includes an undertaking not to divulge their contents to persons and/or organisations other than the designated recipients and not using them in the course of legal proceedings without prior written authorisation from the ICRC.

Identity Document and Commission

1. Delegates of the ICRC and ICRC representatives on temporary mission will hold a document called “Identity document and commission”, attesting to the bearerʼs status as an ICRC staff member.

2. The possession of such a document, however, will not remove the need for Delegates of the ICRC and ICRC‑representatives on temporary missions to hold an official or personal passport issued from their national authority as evidence of identity.

3. Delegates of the ICRC and ICRC representatives on temporary missions will be required to hold valid visas in order to travel to, enter and remain in Australia and will be required to comply with any visa restrictions or conditions.

Cooperation with the Host Country

1. The ICRC will co‑operate with the authorities at all times with a view to preventing any form of abuse of the privileges, immunities and facilities provided for in this Arrangement.

2. The ICRC may waive the immunity granted to one of its Delegates in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the ICRC.

Interpretation

This Arrangement will be interpreted in the light of its primary objectives, which are to enable the ICRC to assume its responsibilities, to discharge its duties and to carry out its programmes fully and efficiently.

Settlement of Disputes by Negotiation

1. Any dispute between the Parties arising out of the interpretation or application of this Arrangement will be settled by negotiation between the Parties.

2. The Parties will bear in mind the national interests of Australia and the interests of the ICRC related to its activities. They will do everything possible to see that disputes are settled in good faith and equitably, and with the discretion essential to continued good relations between the Parties.

Amendments

This Arrangement may be amended at any time by the mutual written consent of the Parties.

Commencement

This Arrangement will come into effect on the date on which the Government of Australia notifies the ICRC that legislation giving effect to the relevant provisions of this Arrangement has commenced.

Termination

Either Party may terminate this Arrangement by providing the other Party with a minimum of six monthsʼ written notice.

SIGNED AT CANBERRA ON THURSDAY 24 NOVEMBER 2005 IN TWO ORIGINALS IN ENGLISH.

FOR THE GOVERNMENT OF FOR THE INTERNATIONAL

AUSTRALIA COMMITTEE OF THE RED CROSS

Michael LʼEstrange Reto Meister

Secretary Delegate General for Asia and

Department of Foreign Affairs Pacific

& Trade

Annex A

In addition to the privileges and immunities granted to the ICRC in this Arrangement, the Parties note that the Government of New South Wales has given its approval for the ICRC to be exempt from the following:

Duty on insurance taken out by or on behalf of the ICRC, not being a policy of life insurance under the Duties Act 1997 (NSW);

Duty in respect of an application to register a motor vehicle in New South Wales, under the Duties Act 1997 (NSW);

Pay‑roll tax on the wages paid to employees engaged in the work of the ICRC.

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International Organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013

Select Legislative Instrument No. 237, 2013

Dated 08 November 2013

Kevin Scarce

Administrator

By His Excellency’s Command

Julie Bishop

Minister for Foreign Affairs

Contents

Part 1—Preliminary

1 Name of regulation

2 Commencement

3 Authority

4 Definitions

Part 2—International Committee of the Red Cross

Division 1—Privileges and immunities of the ICRC

5 Application

6 Privileges and immunities

Division 2—Privileges and immunities of delegates of ICRC

7 Application

8 Privileges and immunities

Division 3—Privileges and immunities of representatives of the ICRC on temporary mission

9 Application

10 Privileges and immunities

Division 4—Indirect Tax Concession Scheme

11 Acquisitions

12 Conditions

13 Claim for payment

14 Manner of payment

Division 5—Miscellaneous

15 When Divisions 1 and 2 do not apply

16 Cooperation with Australia

17 Legal status and juridical personality of the ICRC

Schedule 1—Arrangement between the Government of Australia and the International Committee of the Red Cross (“ICRC”) on a regional headquarters in Australia

Part 1—Preliminary

1 Name of regulation

This regulation is the International Organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013.

2 Commencement

This regulation commences on the day after it is registered.

3 Authority

This regulation is made under the International Organisations (Privileges and Immunities) Act 1963.

4 Definitions

(1) In this regulation:

Act means the International Organisations (Privileges and Immunities) Act 1963.

ICRC means the International Committee of the Red Cross.

taxable supply has the meaning given by section 195‑1 of the A New Tax System (Goods and Services Tax) Act 1999.

tax invoice has the meaning given by section 29‑70 of the A New Tax System (Goods and Services Tax) Act 1999.

(2) For the purposes of this regulation, relationships (including the relationship of being family or being relatives) are taken to include the following (without limitation):

(a) relationships between de facto partners;

(b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in subsection (1);

Part 2—International Committee of the Red Cross

Division 1—Privileges and immunities of the ICRC

5 Application

For subsection 9D(1) of the Act, this Division confers privileges and immunities upon the ICRC.

6 Privileges and immunities

Inviolability of premises, archives and documents

(1) The following are inviolable:

(a) the ICRC’s premises;

(b) the archives of the ICRC;

Immunity from legal process

(2) The ICRC, and the property and assets of the ICRC (regardless of who holds the assets or property), have immunity from any kind of legal process, other than a suit or other legal process for:

(a) recovery of damages for any damage, injury or death resulting from an accident involving a motor vehicle owned or operated on behalf of the ICRC; or

(b) any contract entered into by the ICRC for the supply of goods or services; or

(d) any contract of guarantee or indemnity to which the ICRC is a party; or

(e) a counter‑claim made against the ICRC by a party to proceedings instituted by the ICRC; or

(3) Subsection (2) applies whether the property or an asset of the ICRC is held by the ICRC or another person.

(4) The ICRC may waive the immunity mentioned in subsection (2).

Immunity from interference

(5) The property and assets of the ICRC have immunity from search, seizure, requisition, confiscation, expropriation and any other form of interference.

Privileges and immunities relating to customs duties, import and export restrictions, and indirect tax

(6) The ICRC is exempt from customs duties and indirect tax, and has immunity from restrictions and prohibitions on the import, export or transit through Australia of:

(a) articles (including ICRC publications and audio‑visual materials) for official use; and

(b) articles intended for ICRC assistance programmes within Australia or another country.

(7) Subsection (6) does not affect the application of:

(a) any law with respect to quarantine; or

(b) any law that prohibits or restricts the importation into, or the exportation from, Australia of any animals, plants or goods.

(8) Subsection (7) does not prejudice any immunity from suit or from civil or criminal process conferred by this regulation.

(9) The ICRC’s privileges in relation to indirect tax are limited to:

(a) the exemption conferred by section 11B of the Act; and

(b) concessions under section 11C of the Act in relation to acquisitions mentioned in Division 4.

Immunity from financial restrictions

(10) The ICRC has immunity from laws and regulations in relation to exchange control and related matters, and may, while carrying out its activities:

(a) hold funds, currency of any kind and other financial assets, and operate accounts in any currency; and

(b) transfer its funds or currency to, from and within Australia, and convert any currency held by it into any other currency.

Privileges and immunities relating to communications

(12) The ICRC’s official communications and correspondence to and from the ICRC’s premises must not be censored.

(13) The confidentiality of ICRC reports, correspondence and other communications must be respected, and the contents of these reports, communications and other correspondence must not be:

(a) divulged to persons or organisations other than the persons for whom they are intended; or

(b) used in the course of legal proceedings;

without prior written authorisation from the ICRC.

(14) The ICRC may use all appropriate means of communication, including electronic communication, and has the right to use codes or cipher for its official communications and correspondence.

(16) The ICRC may, in compliance with applicable Australian laws:

(a) operate a corporate network between its offices within and outside Australia for voice and data services; and

Division 2—Privileges and immunities of delegates of ICRC

7 Application

For subsection 9D(1) of the Act, this Division confers privileges and immunities upon:

(a) a Delegate of the ICRC, in relation to acts and things done in the Delegate’s capacity as a Delegate, including after he or she has ceased to be a Delegate; and

(b) a family member of the Delegate.

8 Privileges and immunities

Immunity from legal process

(1) The Delegate has immunity from suit and other legal process (including being called as a witness).

Immunities and privileges relating to importation and exportation

(2) The Delegate has the right to:

(a) import his or her personal effects duty free when first taking up a post in Australia; and

(b) export his or her personal effects duty free when leaving Australia on the termination of his or her function.

Privileges and immunities in time of international crisis

(3) The Delegate has repatriation facilities in a time of international crisis that are no less favourable than those given to a diplomatic agent in a time of international crisis.

Privileges in relation to exchange

(4) The Delegate has privileges in relation to exchange facilities that are no less favourable than those enjoyed by a member, of comparable rank, of a diplomatic mission.

Immunity from taxation on salaries and emoluments

(5) The Delegate has immunity from taxation on the salaries and emoluments received from the ICRC.

Immunity from national service obligations

(7) If the Delegate is not an Australian citizen or permanent resident of Australia, the Delegate has immunity from national service obligations.

(8) If a member of the Delegate’s family is not an Australian citizen or permanent resident of Australia, the member has immunity from national service obligations.

(9) If:

(a) the Delegate, or a member of the Delegate’s family, is:

(i) an Australian citizen or permanent resident of Australia; and

(ii) called for national service; and

(b) in the opinion of the ICRC, serious disruption to essential ICRC operations may occur if the Delegate or the member performs the national service at a particular time;

deferment from the national service must be granted if this is possible.

Division 3—Privileges and immunities of representatives of the ICRC on temporary mission

9 Application

For subsection 9D(1) of the Act, this section confers privileges and immunities upon:

(a) a representative of the ICRC, while on temporary mission in Australia, in relation to acts and things done:

(i) in the representative’s capacity as a representative, including after he or she has ceased to be a representative; and

(ii) regardless of whether the act or things are done in Australia or elsewhere; and

(b) a family member of the representative.

10 Privileges and immunities

Immunity from legal process

(1) The representative has immunity from suit and other legal process (including being called as a witness).

Privileges and immunities in time of international crisis

(2) The representative has repatriation facilities in a time of international crisis that are no less favourable than those given to a diplomatic agent in a time of international crisis.

Privileges in relation to exchange

(3) The representative has privileges in relation to exchange facilities that are no less favourable than those enjoyed by a member, of comparable rank, of a diplomatic mission.

Immunity from national service obligations

(4) If the representative is not an Australian citizen or permanent resident of Australia, the representative has immunity from national service obligations.

(5) If a member of the representative’s family is not an Australian citizen or permanent resident of Australia, the member has immunity from national service obligations.

(6) If:

(a) the representative, or a member of the representative’s family, is:

(i) an Australian citizen or permanent resident of Australia; and

(ii) called for national service; and

(b) in the opinion of the ICRC, serious disruption to essential ICRC operations may occur if the representative or the member performs the national service at a particular time;

deferment from the national service must be granted if this is possible.

Division 4—Indirect Tax Concession Scheme

11 Acquisitions

(a) mail services in relation to the ICRC’s official mail and other official communications and correspondence mentioned in subsection 6(11);

(b) telecommunications services in relation to the ICRC’s official mail and other official communications and correspondence mentioned in subsection 6(11).

(2) However, an acquisition by the ICRC is covered by this regulation only if, at the time of the acquisition, it was intended for the official use of the ICRC.

12 Conditions

(1) For paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable only if the following conditions are satisfied:

(2) For paragraph (1)(a), the amount to be repaid is the amount paid under section 11C of the Act in relation to the acquisition.

(3) The amount mentioned in subsection 11C(1) of the Act is not payable if:

(a) an amount was payable for a similar acquisition; and

(b) the Minister tells the person in writing that, in his or her opinion, the person’s reasonable needs were met by that acquisition.

(4) In this regulation:

person includes the ICRC.

13 Claim for payment

A claim for payment under section 11:

(a) must be signed by, or for, the ICRC; and

(b) must be sent with the tax invoice for the acquisition; and

(d) may only be sent:

(i) with another claim; or

(ii) at least 3 months after another claim from the ICRC is sent.

14 Manner of payment

For paragraph 11C(3)(b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by, or for, the ICRC.

Division 5—Miscellaneous

15 When Divisions 1 and 2 do not apply

(1) The privileges and immunities conferred in Divisions 1 and 2 are conferred in the interest of the ICRC, and not for the personal benefit of individuals.

(2) A person mentioned in Division 1 or 2 has a duty to obey Australian law.

(3) A privilege or immunity in Division 1 or 2 does not apply if the ICRC considers that:

(a) the privilege or immunity would impede the course of justice; and

(b) the purpose for which the privilege or immunity was conferred would not be prejudiced.

(4) In addition to subsection (3), a pri

International Organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013

Plain English Summary

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Who it affects

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