7Privileges and Immunities of the SKAO

7 Privileges and Immunities of the SKAO

(1) This section is made for the purposes of subparagraph 6(1)(a)(ii) of the Act. (2) Subject to subsections (3) to (7) of this section, the SKAO has the privileges and immunities specified in items 1, 2, 4, 6 and 7 of the First Schedule to the Act. Immunity from suit and from other legal process (3) The immunity specified in item 1 of the First Schedule to the Act does not extend to immunity from a suit or other legal process relating to: (a) an arbitration under Article 14 of the SKAO Convention; or (b) the attachment, in accordance with a final order of a court, of any amount payable as salary, wages or other remuneration by the SKAO to any person employed, or formerly employed, by the SKAO; or (c) a counter‑claim made against the SKAO by a party to proceedings instituted by the SKAO; or (d) a matter that is outside the scope of the SKAO’s official activities.

Note: The governing body of the SKAO may also waive this immunity (see paragraph 16(b)).

Inviolability of premises (4) A person may enter premises of the SKAO, for the purpose of protecting them, in the event of a fire or other emergency. (5) A person who enters premises of the SKAO in accordance with subsection (4) must immediately leave them if requested to do so by: (a) the Director‑General; or (b) a person who has been designated as the head of those premises by the Director‑General. (6) Premises of the SKAO are inviolable subject to the condition that they are not used: (a) for unlawful purposes; or (b) as a refuge for any person from judicial or administrative proceedings. Indirect tax (7) The SKAO’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 subsection 11(1) of this instrument.