Document ID: chunk:federal_register_of_legislation:F2005C00570:body:0:p9
Version: federal_register_of_legislation:F2005C00570
Segment Type: other
Provision Reference: 
Character Range: 19676–22488

establishment and operations of the Office.

5. INVIOLABILITY OF THE OFFICE SEAT

5.1 The Office Seat will be inviolable and will be under the control and authority of ADB. No authorities of Australia will enter the Office Seat to perform any duties therein without the consent of, and under conditions agreed to by, ADB or the Office. Such consent will however be deemed to have been provided in the case of fire or other emergency requiring immediate protective action.

5.2 ADB will have the power to make rules and regulations operative within the Office Seat for the full and independent exercise of its operations and performance of its functions.

5.3 The Laws of Australia will apply within the Office Seat and the courts of Australia will have jurisdiction over acts done in the Office Seat, except as otherwise provided in this Arrangement and in the Charter. The ADB will endeavour to comply with the Laws of Australia where in its opinion this does not unduly interfere with the independent exercise of its operations and the performance of its functions.

6. PROTECTION OF THE OFFICE SEAT

6.1 The appropriate authorities of Australia will take all appropriate steps to prevent any disturbance of the peace of the Office Seat or unauthorized entry onto its premises.

7. PROPERTY OF ADB AND TAXATION

7.1 ADB, its assets, property, income and its operations and transactions will be:

     (a) exempt from or allowed a refund of all taxation, including any indirect tax;

     (b) exempt from any obligation for the payment, withholding or collection of any tax or duty;

     (c) exempt from any currency and exchange restrictions;

     (d) exempt from all duties on the importation and exportation of:

          (i) goods, including motor vehicles, spare parts and other articles, imported or exported by the Office for its official use; and
          (ii) publications of ADB.

     (e) exempt from all prohibitions and restrictions, on terms not less favourable than that accorded by the Government to any other international organization or diplomatic mission, on the importation and exportation of:

          (i) goods, including motor vehicles, spare parts and other articles, for the official use of the Office; and
          (ii) publications of ADB.

7.2 Any goods imported under the exemption set out in paragraph 7.1(d) may be disposed of locally, subject to such terms as may be agreed upon with the Government which will not be less favorable than those applicable to any other international organization in Australia.

7.3 Whenever ADB and/or the Office incur an indirect tax on goods and services, which have been purchased by ADB for the purpose of meeting its requirements in performing the activities laid down in the Charter, the Government will refund to ADB or the Office