STATUTORY RULES

1969 No.

REGULATION UNDER THE INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1963-1966. *

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the International Organizations (Privileges and Immunities) Act 1963-1966.

Dated this eighth day of April , 1969.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for External Affairs.

Amendment of the Asian Development Bank (Privileges and Immunities) Regulations †

The Asian Development Bank (Privileges and Immunities) Regulations are amended by adding at the end thereof the following regulations and schedules:—

Privileges and immunities of officers of Bank other than President.

“6.—(1.) Subject to the next succeeding sub-regulation, a person who holds an office in the Bank has such of the privileges and immunities specified in paragraphs 1, 2, 3, 4, 5 and 6 of Part I. of the Fourth Schedule to the Act as are required by the Agreement to be conferred on a person who holds that office.

“(2.) The salary and emoluments received from the Bank by a person to whom the last preceding sub-regulation applies, being a resident of Australia within the meaning of the Income Tax Assessment Act 1936-1968, are not, to the extent to which they are for services rendered in Australia, exempt from taxation unless the person is not an Australian citizen and came to Australia solely for the purpose of performing duties of the office in the Bank held by him.

“(3.) A person who has ceased to hold an office in the Bank has the immunities specified in Part II. of the Fourth Schedule to the Act.

Privileges and immunities of other persons connected with Bank.

“7.—(1.) A person who is serving on a committee, or is participating in the work, of the Bank or is performing, whether alone or jointly with other persons, a mission on behalf of the Bank has the privileges and immunities specified in paragraphs 2 and 5 of Part I. of the Fifth Schedule to the Act.

“(2.) A person who has served on such a committee or participated in any such work or performed such a mission has the immunities specified in Part II. of the Fifth Schedule to the Act.

* Notified in the Commonwealth Gazette on      1969.

† Statutory Rules 1967, No. 1750.

11078/69––Price 5c         10/26.3.1969

Waiver of privileges and immunities.

“8.—(1.) The Bank may waive any privileges or immunities to which—

(a) the Bank;

(b) a person who holds or has ceased to hold any office in the Bank; or

(c) a person who is serving on a committee or participating in the work, or has served on a committee or participated in the work, of the Bank or is performing or has performed, whether alone or jointly with other persons, a mission on behalf of the Bank,

is entitled by virtue of the Act or these Regulations.

Privileges and immunities subject to quarantine laws of the Commonwealth.

“9. Nothing in these Regulations 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 regulation does not prejudice the immunity from suit or from civil or criminal process conferred by these Regulations.

Official emblem of Bank.

“10. For the purposes of section 12 of the Act, the emblem in the First Schedule to these Regulations is declared to be the official emblem of the Bank.

Official seal of Bank.

“11. For the purposes of section 12 of the Act, the seal, the design of which is set out in the Second Schedule to these Regulations, is declared to be the official seal of the Bank.

“THE SCHEDULES

“FIRST SCHEDULE

Regulation 10.

OFFICIAL EMBLEM OF THE BANK.

“SECOND SCHEDULE

Regulation 11.

DESIGN OF THE OFFICIAL SEAL OF THE BANK

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra