International Organisations (Privileges and Immunities—Asian Infrastructure Investment Bank) Regulation 2015

International Organisations (Privileges and Immunities—Asian Infrastructure Investment Bank) Regulation 2015

Select Legislative Instrument No. 172, 2015

made under the

International Organisations (Privileges and Immunities) Act 1963

Compilation No. 1

Compilation date:    11 May 2016

Includes amendments up to: F2016L00753

Registered:    3 June 2016

About this compilation

This compilation

This is a compilation of the International Organisations (Privileges and Immunities—Asian Infrastructure Investment Bank) Regulation 2015 that shows the text of the law as amended and in force on 11 May 2016 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Asian Infrastructure Investment Bank

5 Act applies to the Bank

6 Bank to have juridical personality and legal capacities

7 Privileges and immunities of the Bank

Part 3—Indirect tax concession scheme

8 Indirect tax concession scheme—acquisitions

9 Indirect tax concession scheme—conditions

10 Indirect tax concession scheme—claims for payment

11 Indirect tax concession scheme—manner of payment

Part 4—Other matters

12 Waiver of privileges and immunities

13 Delegation by the Minister

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This is the International Organisations (Privileges and Immunities—Asian Infrastructure Investment Bank) Regulation 2015.

3  Authority

  This instrument is made under the International Organisations (Privileges and Immunities) Act 1963.

4  Definitions

  In this instrument:

Act means the International Organisations (Privileges and Immunities) Act 1963.

Bank means the Asian Infrastructure Investment Bank.

tax invoice has the meaning given by section 29‑70 of the GST Act.

Part 2—Asian Infrastructure Investment Bank

5  Act applies to the Bank

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

6  Bank to have juridical personality and legal capacities

  The Bank:

 (a) is a body corporate with perpetual succession; and

 (b) is capable, in its corporate name:

 (i) of entering into contracts; and

 (ii) of acquiring, holding and disposing of real and personal property; and

 (iii) of instituting, and being a party to, legal proceedings.

7  Privileges and immunities of the Bank

  The Bank has the privileges and immunities specified in items 6, 7 and 8 of the First Schedule to the Act.

Note: See also the Asian Infrastructure Investment Bank (Privileges and Immunities) Regulation 2015, which confers additional privileges and immunities on the Bank.

Part 3—Indirect tax concession scheme

8  Indirect tax concession scheme—acquisitions

 (1) For paragraph 11C(1)(a) of the Act, acquisitions by the Bank are covered by this instrument.

 (2) However, an acquisition by the Bank is covered by this instrument only if, at the time of the acquisition, it was intended for the official use of the Bank.

9  Indirect tax concession scheme—conditions

 (1) For paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable to the Bank only if the following conditions are satisfied:

 (a) the Bank has entered into a written agreement with the Commonwealth to repay to the Commonwealth the amount worked out under subsection (3) if:

 (i) for a payment in relation to an acquisition of a motor vehicle—the Bank disposes of the motor vehicle (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 3 years after it was acquired; or

 (ii) for a payment in relation to an acquisition of goods other than a motor vehicle—the Bank disposes of the goods (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after the goods were acquired; or

 (iii) for a payment in relation to an acquisition of services—the Bank assigns the services to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory; or

 (iv) for a payment in relation to any other acquisition—the Bank assigns the thing acquired to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;

 (b) if the Bank has breached a previous agreement under paragraph (a)—the Bank complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the Bank complies with the agreement.

 (2) For subparagraphs (1)(a)(i) and (ii):

 (a) a sale of goods to a finance company as part of a sale and lease‑back arrangement is not a disposal of the goods; and

 (b) the Bank is taken to have disposed of goods to which one of those subparagraphs applies within the period mentioned in that subparagraph to a person who is not entitled to an indirect tax concession in relation to similar acquisitions if:

 (i) the Bank disposes of the goods to a person who is entitled to the concession; and

 (ii) that person disposes of the goods to another person; and

 (iii) the series of disposals of the goods to other persons continues (if necessary) until the goods are eventually acquired, within the period mentioned in that paragraph, by a person who is not entitled to the concession.

 (3) For paragraph (1)(a), the amount to be repaid is:

 (a) for an acquisition to which subparagraph (1)(a)(i) or (ii) applies—the proportion of the amount paid under section 11C of the Act in relation to the acquisition that is equal to the proportion of the period mentioned in that subparagraph remaining after the Bank disposes of the goods; and

 (b) for an acquisition to which subparagraph (1)(a)(iii) or (iv) applies—the amount paid under section 11C of the Act in relation to the acquisition.

 (4) However, for an acquisition to which subparagraph (1)(a)(i) or (ii) applies, the Bank is not required to repay an amount paid under section 11C of the Act in relation to a lease payment that relates to a period before the Bank disposes of the goods.

 (5) The amount mentioned in subsection 11C(1) of the Act is not payable if:

 (a) an amount was payable for a similar acquisition; and

 (b) the Minister tells the Bank in writing that, in his or her opinion, the Bank’s reasonable needs were met by that acquisition.

10  Indirect tax concession scheme—claims for payment

  A claim for payment under section 8:

 (a) must be signed by, or on behalf of, the President of the Bank; and

 (b) must be sent with the tax invoice for the acquisition; and

 (c) must be sent:

 (i) for an acquisition of a motor vehicle—to the Protocol Branch of the Department of Foreign Affairs and Trade; or

 (ii) in any other case—to the Australian Taxation Office; and

 (d) for an acquisition of a motor vehicle or an acquisition of real property by lease—may be sent at any time after the acquisition; and

 (e) for an acquisition (other than an acquisition covered by paragraph (d)) that is subject to an arrangement:

 (i) that is between the Bank and the Commonwealth; and

 (ii) that specifies when a claim for payment may be sent;

  may only be sent as specified in the arrangement; and

 (f) for an acquisition that is not covered by paragraph (d) or (e)—may only be sent:

 (i) with another claim; or

 (ii) at least 3 months after another claim from the Bank is sent.

Note: Paragraph (f) is intended to limit the number of claims from the Bank to one in each quarter, to minimise delays in the processing of claims.

11  Indirect tax concession scheme—manner of payment

  For paragraph 11C(3)(b) of the Act, the amount is to be paid to a single recipient, or an account, nominated by, or on behalf of, the President of the Bank.

Part 4—Other matters

12  Waiver of privileges and immunities

  The Bank may waive any privileges or immunities to which the Bank is entitled by virtue of the Act or this instrument.

13  Delegation by the Minister

 (1) The Minister may, by writing, delegate the Minister’s powers under paragraphs 9(1)(b) and (5)(b) to:

 (a) the Secretary; or

 (b) an SES employee, or acting SES employee, in the Department.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

 (2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister.

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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history