Asian Development Bank (Additional Subscription) Act 1983

Administered by Department of the Treasury

Legislation au C2004A02807 Not in force Act

Legislation content

Asian Development Bank (Additional Subscription) Act 1983

No. 90, 1983

Compilation No. 1

Compilation date: 10 July 2024

Includes amendments: Act No. 67, 2024

Registered: 24 July 2024

About this compilation

This compilation

This is a compilation of the Asian Development Bank (Additional Subscription) Act 1983 that shows the text of the law as amended and in force on 10 July 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Definitions

4 Treasurer may make agreements for purchase of additional shares

5 Issue of promissory notes

6 Appropriation

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act relating to the subscription by Australia for additional shares in the capital stock of the Asian Development Bank

1  Short title

  This Act may be cited as the Asian Development Bank (Additional Subscription) Act 1983.

2  Commencement

  This Act shall come into operation on the day on which it receives the Royal Assent.

3  Definitions

  In this Act:

Bank means the Asian Development Bank.

Bank Agreement means the Agreement establishing the Asian Development Bank, done at Manila on 4 December 1965, as in force for Australia on the commencement of this Act.

Note: The Agreement establishing the Asian Development Bank is in Australian Treaty Series 1966 No. 13 ([1966] ATS 13) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

callable shares has the same meaning as in the Bank Agreement.

paidin shares has the same meaning as in the Bank Agreement.

United States dollar means a dollar in the currency of the United States of America of the weight and fineness that was in effect on 31 January 1966.

4  Treasurer may make agreements for purchase of additional shares

 (1) The Treasurer may, on behalf of Australia, make an agreement or agreements with the Bank for the purchase by Australia of an additional 2,622 paidin shares, and an additional 49,811 callable shares, of the capital stock of the Bank at a price per share that is the equivalent of 10,000 United States dollars.

 (2) Subject to this Act, an agreement made under subsection (1) may contain such terms and conditions as the Treasurer determines.

5  Issue of promissory notes

 (1) For the purpose of making any payment that is to be made by Australia to the Bank under an agreement made under subsection 4(1), the Treasurer may, on behalf of Australia, make promissory notes and issue them to the Bank.

 (2) A promissory note made under subsection (1) shall be:

 (a) payable to the Bank;

 (b) nonnegotiable and noninterest bearing; and

 (c) payable at its par value on demand.

 (3) Section 5 of the Asian Development Bank Act 1966 does not apply in relation to a payment that is to be made by Australia to the Bank under an agreement made under subsection 4(1).

6  Appropriation

  The moneys necessary for making any payment that is to be made by Australia to the Bank under an agreement made under subsection 4(1), including any payment that is to be made under a promissory note made under subsection 5(1), shall be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Asian Development Bank (Additional Subscription) Act 1983

90, 1983

22 Nov 1983

22 Nov 1983 (s 2)

 

Treasury Laws Amendment (Delivering Better Financial Outcomes and Other Measures) Act 2024.

67, 2024

9 July 2024

Sch 4 (item 6): 10 July 2024 (s 2(1) item 8)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3.....................

rs No 67, 2024

 

Overview

The Asian Development Bank (Additional Subscription) Act 1983 was enacted to facilitate Australia's subscription for additional shares in the capital stock of the Asian Development Bank (ADB). This Act allows the Treasurer, on behalf of Australia, to enter into agreements with the ADB for the purchase of additional shares. These agreements may include terms and conditions as deemed necessary by the Treasurer. Additionally, the Act authorises the issue of promissory notes to facilitate payments under these agreements, with these notes being non-negotiable, non-interest bearing, and payable on demand. The Act ensures that the necessary funds for these payments are appropriated from the Consolidated Revenue Fund. The Act was passed by the Parliament of Australia and received Royal Assent on 22 November 1983. It has since been amended, with the most recent amendment coming into force on 10 July 2024. The overarching policy objective of the Act is to support Australia's participation in the ADB by enabling the acquisition of additional shares, thereby contributing to the ADB's financial resources and its mission to promote economic growth and cooperation in the Asia-Pacific region.

Scope and Application

The Asian Development Bank (Additional Subscription) Act 1983, as amended and in force on 10 July 2024, authorises the Australian Treasurer to enter into agreements with the Asian Development Bank for the purchase of additional shares in the Bank's capital stock. This Act allows the Treasurer to purchase an additional 2,622 paid-in shares and 49,811 callable shares at a price per share equivalent to 10,000 United States dollars. The Act also permits the Treasurer to issue promissory notes for these payments, which are non-negotiable, non-interest bearing, and payable on demand. Payments under these agreements are to be made from the Consolidated Revenue Fund. The Act applies to the Commonwealth of Australia and its officials, specifically the Treasurer, in their dealings with the Asian Development Bank. The Act does not specify any exclusions or exemptions, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The Asian Development Bank (Additional Subscription) Act 1983 (sections 4 and 5) empowers the Treasurer to enter into agreements with the Asian Development Bank for Australia to acquire an additional 2,622 paid-in shares and 49,811 callable shares of the Bank's capital stock at a price of 10,000 United States dollars per share. The terms and conditions of these agreements are determined by the Treasurer. Additionally, the Treasurer can issue promissory notes to facilitate the payments required under these agreements, with these notes being non-negotiable, non-interest bearing, and payable at par value on demand. The Act imposes specific obligations on the Treasurer and the Commonwealth. The Treasurer must enter into the agreements with the Bank and ensure the issue of promissory notes as required. The Commonwealth is obligated to pay the amounts due under these agreements out of the Consolidated Revenue Fund, as stipulated in section 6. Breach of the obligations set out in the Act may lead to civil or criminal consequences, depending on the nature and severity of the breach. While the Act does not explicitly outline specific offences or penalties, general legal principles would apply, and any misconduct or failure to comply with the Act could potentially lead to legal action. This might include penalties for fraud, negligence, or breaches of fiduciary duty, among others. The exact penalties would be determined based on the specific circumstances and the relevant laws in place at the time of the alleged breach.

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International Trade Law
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Definitions & Interpretation
Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.