Document ID: chunk:federal_register_of_legislation:F2005C00570:body:0:p2
Version: federal_register_of_legislation:F2005C00570
Segment Type: other
Provision Reference: 
Character Range: 2642–5178

'Arrangement between the Government of Australia and the Asian Development Bank regarding the Pacific Liaison and Coordination Office of the Asian Development Bank', a copy of which is set out in Part 1 of Schedule 3; and
 (b) includes the Agreed Minutes relating to the document, a copy of which is set out in Part 2 of Schedule 3.
Resident Representative has the same meaning as in the MOU.
taxable supply has the meaning given by section 195-1 of the GST Act.
tax invoice has the meaning given by section 29-70 of the GST Act.

3 Act applies to Bank

  The Bank is an international organisation to which the Act applies.

4 Bank to have juridical personality and legal capacities

 (1) The Bank:
 (a) is a body corporate with perpetual succession;
 (b) has the capacity to contract; and
 (c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of instituting legal proceedings.

 (2) All courts, judges and persons acting judicially in Australia shall take judicial notice of the seal of the Bank affixed to a document and shall presume that it was duly affixed.

5 Privileges and immunities of Bank

  The Bank has such of the privileges and immunities specified in the First Schedule to the Act as are required by the Agreement and the MOU to be conferred on the Bank.

6 Privileges and immunities of officers of Bank other than President [see Note 2]

 (1) A person who holds an office in the Bank has such of the privileges and immunities specified in Part I of the Fourth Schedule to the Act as are required by the Agreement and the MOU to be conferred on a person who holds that office.

 (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.

7 Privileges and immunities of other persons connected with Bank

 (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, 2A and 5 of Part I of the Fifth Schedule to the Act.

 (2) The salary and emoluments received from the Bank by a person on whom privileges and immunities are conferred by subregulation (1), being a resident of Australia within the meaning of the Income Tax Assessment Act 1936, 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