Regulations may grant consular privileges and immunities in certain cases
9 Regulations may grant consular privileges and immunities in certain cases
The regulations may:
confer on a post established in Australia or in an external Territory by the Government of a declared Commonwealth country, being a post that is not entitled to any privileges or immunities under this Act or under the Diplomatic Privileges and Immunities Act 1967 and appears to the Governor‑General to exercise functions substantially corresponding to functions exercised by a consular post, all or any of the privileges and immunities that are conferred by this Act on a consular post;
confer on:
the person charged with the duty of acting as head of a post of a kind referred to in paragraph (a) being a person who is not entitled to any privileges or immunities under this Act or under the Diplomatic Privileges and Immunities Act 1967;
a member of the staff of a person referred to in subparagraph (i), being a member who appears to the Governor‑General to perform duties substantially corresponding to the duties performed by a consular officer; and
members of the family of a person to whom subparagraph (i) or (ii) applies, being members of the family who form part of the household of the person;
all or any of the privileges and immunities that are conferred by this Act on consular officers and members of their families;
confer on:
a member of the staff of a person referred to in subparagraph (b)(i), being a member who appears to the Governor‑General to perform duties substantially corresponding to the duties performed by a consular employee; and
members of the family of a person to whom subparagraph (i) applies, being members of the family who form part of the household of the person;
all or any of the privileges and immunities that are conferred by this Act on consular employees and members of their families;
confer on:
a member of the staff of a person referred to in subparagraph (b)(i), being a member who appears to the Governor‑General to perform duties substantially corresponding to the duties performed by a member of the service staff of a consular post; and
members of the family of a person to whom subparagraph (i) applies, being members of the family who form part of the household of the person;
all or any of the privileges and immunities that are conferred by this Act on members of the service staff of a consular post and members of their families; and
confer on a person who is employed exclusively in the private service of:
a person referred to in subparagraph (b)(i); or
a member of the staff of such a person;
all or any of the privileges and immunities that are conferred by this Act on persons who are employed exclusively in the private service of members of a consular post.
Where the Government of a declared Commonwealth country has established in Australia, or in an external Territory, a post of a kind referred to in paragraph (1)(a), the head of the diplomatic mission in Australia of that country, or, if there is no such mission, the person charged with the duty of acting as head of the post, may waive any privileges or immunities conferred by the regulations on:
the post;
the person charged with the duty of acting as head of the post;
a member of the staff of the person referred to in paragraph (b);
a member of the family of a person referred to in paragraph (b) or (c); or
a person employed in the private service of a person referred to in paragraph (b) or (c).
In this section:
declared Commonwealth country means a country declared by the regulations to be a Commonwealth country to which this section applies.
post includes a mission, agency or office.
This provision refers to the regulations (The regulations
, declared by the regulations
). Made under this Act:
- Consular Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000 · Legislative Instrument · under s 10A
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