Commonwealth Numbered Regulations - Explanatory Statements

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EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT (PRIVILEGES AND IMMUNITIES)REGULATIONS 1992 NO. 110

STATUTORY RULES 1992 No. 110

Issued by the authority of Minister of State for Foreign Affairs and Trade

International Organizations (Privileges and Immunities) Act 1963

European Bank for Reconstruction and Development (Privileges and Immunities) Regulations

Section 13 of the International Organizations (Privileges and Immunities) Act 1963 (the Act) provides that the GovernorGeneral may make regulations not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subparagraph 6(1)(a)(i) of the Act provides that the regulations may confer upon an international organization to which the Act applies juridical personality and such legal capacities as are necessary for the exercise of the powers and the performance of the functions of the organization. Subparagraph 6(1)(a)(ii) of the Act provides that the regulations may confer upon an international organization to which the Act applies all or any of the privileges and immunities specified in the First Schedule of the Act. Subparagraph 6(1)(d)(i) of the Act provides that the regulations may confer upon a person who holds an office in an international organization to which the Act applies (not being an office prescribed by the regulations to be a high office) all or any of the privileges an immunities specified in Part I of the Fourth Schedule.

The purpose of these regulations is to give effect to those provisions of the Schedule to the European Bank for Reconstruction and Development Act (1990) (the EBRD Act) which purport to grant the European Bank for Reconstruction and Development (the EBRD), its officeholders, officers and employees various privileges and immunities.

The Schedule to the EBRD Act reproduces the Agreement establishing the EBRD, which was ratified by Australia in March 1991. Chapter VIII of the Schedule deals with the status, immunities, privileges and exemptions of the EBRD. Its provisions are as follows:

Article 44 states that the purpose of this Chapter is to enable the EBRD to fulfil the purposes and functions with which it is entrusted, and accordingly provides for the EBRD to be accorded appropriate immunities, privileges and exemptions.

Article 45 states that the EBRD shall have full juridical personality and legal capacities.

Article 46 states the EBRD's position in respect of judicial process.

Article 47 provides for the assets and property of the EBRD to be immune from search, requisition or other forms of seizure.

Article 48 provides for the inviolability of the archives of the EBRD.

Article 49 provides for the freedom of the assets of the EBRD.

Article 50 requires that EBRD communications shall enjoy the same privileges as the official communications of any other member.

Article 51 sets out the extent of immunities to be accorded to officeholders, officers and employees of the EBRD.

Article 52 sets out the privileges which officeholders, officers and employees of the EBRD (and their spouses and dependants) shall enjoy.

Article 53 states that the EBRD, its assets, property and income shall be exempt from all direct taxes (not being charges for public utility services). Paragraph 6 states that officeholders, officers and employees of the EBRD shall be exempt from national income tax. (Paragraph 7 of Article 53 allows a State to preserve its right to tax the salaries and emoluments paid by the EBRD to nationals of that State by depositing a declaration to that effect along with its instrument of ratification. Australia deposited such a declaration along with its instrument of ratification, thereby preserving its right to tax Australian citizens or permanent residents employed by the EBRD).

Article 54 states that EBRD members shall promptly take action to implement the provisions of this Chapter and shall inform the EBRD of the detailed action which it has taken.

Article 55 provides for waiver by the EBRD of immunities, privileges and exemptions in cases where such action would be in the best interests of the EBRD.

Details of the proposed Regulations are as follows:

Regulation 1 is a citation clause.

Regulation 2 is an interpretation provision.

Regulation 3 declares that the Act shall apply to the EBRD.

Regulation 4 provides that the EBRD is to have juridical personality and legal capacities.

Regulation 5 specifies the privileges and immunities which the EBRD shall enjoy.

Regulation 6 specifies the privileges and immunities of certain officeholders, officers and employees of the EBRD.

Regulation 7 stipulates that former officeholders, officers and employees of the EBRD shall continue to enjoy those privileges and immunities specified in Part II of the Fourth Schedule to the Act.

Regulation 8 specifies the privileges and immunities to be enjoyed by certain persons connected with the Bank.

Regulation 9 stipulates that persons who were formerly connected with the EBRD will continue to enjoy those privileges and immunities specified in Part II of the Fifth Schedule to the Act.

Regulation 10 provides for waiver of the privileges and immunities granted by these regulations by the EBRD, as well as by governments and organizations which are members of the Bank.