Document ID: chunk:federal_register_of_legislation:F2005C00570:body:0:p15
Version: federal_register_of_legislation:F2005C00570
Segment Type: other
Provision Reference: 
Character Range: 35661–38679

such persons must be of high moral character and must possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence. Thus, ADB guarantees due process in employment matters. Moreover, it is the practice of ADB to include arbitration clauses into contracts with consultants, suppliers and contractors.

Paragraph 11.1

3. The Government Team clarified that paragraph 11.1 of the Arrangement places Officers of ADB and experts performing missions for ADB as a matter of practice and law in the same position as officers of comparable rank of other Member Countries, while remaining consistent with the Laws of Australia and international obligations. The preceding notwithstanding, the Government Team emphasized that the Australian Government reserves the right to determine the manner in which the Laws of Australia give effect to discharging its undertakings, and while advice provided to the ADB Team was correct as of June 2004, the Government Team noted that visa classes and application procedures may change over time.

4. The ADB Team expressed its satisfaction regarding the clarifications provided by the Government Team. In this context, the ADB Team mentioned that a Member Country of ADB does not entertain diplomatic relations with Australia. The Government stated that this fact would not prejudice participation of officials, citizens or nationals of that Member Country, or any other Member Country in a similar situation, to participate in meetings convened by ADB in Australia.

Paragraph 12.2

5. The Government Team confirmed that the privileges, immunities, exemptions and facilities granted to the Resident Representative in the Arrangement will be the same as those granted to the heads of office/resident representatives of the World Bank Group or the International Monetary Fund in Australia. The Government Team also indicated that with respect to personal privileges and immunities, they viewed the position of the ADB Resident Representative as on par with the heads of office/resident representatives of the World Bank and International Monetary Fund.

Notes to the Asian Development Bank (Privileges and Immunities) Regulations 1967

Note 1

The Asian Development Bank (Privileges and Immunities) Regulations 1967 (in force under the International Organisations (Privileges and Immunities) Act 1963) as shown in this compilation comprise Statutory Rules 1967 No. 175 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

For information pertaining to application, saving or transitional provisions see Table A.

Table of Instruments