Wallourdes wrote:
I think he is aiming for diplomatic immunity
...
If that's what he is aiming for, he will be sorely disappointed.
1) If elected, he does not become a member of the Senate until he presents himself at Parliament House and is enrolled. Unless he can physically get himself to Canberra, he is merely a Senator-elect, entitled to no privileges or immunities.
2) Diplomatic immunity is conferred by the Receiving State. A Sending State is in no position to demand diplomatic immunity for any individual. In the absence of a "diplomatic acceptance" or some other similar document from the Minister of Foreign Affairs of the Receiving State, a claim to diplomatic immunity is empty.
A diplomatic passport does not entitle the bearer to diplomatic immunity,
ipso facto. (In any event, Members of Parliament who are not Ministers are issued "Official Passports," not diplomatic passports). The
Vienna Convention on Diplomatic Relations sets out certain requirements for the extension of diplomatic immunity. Article 31 limits immunity to a "diplomatic agent" which is defined as "the head of mission or a member of the diplomatic staff of the mission." A member of a national legislature is not a diplomatic agent unless that member is also a Minister of the national government and is in the Receiving State for a diplomatic purpose.
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--James