{"id":"F2015L01737","name":"International Organisations (Privileges and Immunities—Asian Infrastructure Investment Bank) Regulation 2015","slug":"international-organisations-privileges-and-immunities-asian-infrastructure-investment-bank-regulatio","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"172 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93539,"registerId":"commonwealth-F2015L01737-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the International Organisations (Privileges and Immunities—Asian Infrastructure Investment Bank) Regulation 2015.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the International Organisations (Privileges and Immunities) Act 1963.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the International Organisations (Privileges and Immunities) Act 1963.\n\n> Bank means the Asian Infrastructure Investment Bank.\n\n> tax invoice has the meaning given by section 29‑70 of the GST Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Asian Infrastructure Investment Bank","content":"## Part 2—Asian Infrastructure Investment Bank","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act applies to the Bank","content":"#### 5 Act applies to the Bank\n\n  The Bank is an international organisation to which the Act applies.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Bank to have juridical personality and legal capacities","content":"#### 6 Bank to have juridical personality and legal capacities\n\n  The Bank:\n    (a) is a body corporate with perpetual succession; and\n    (b) is capable, in its corporate name:\n    (i) of entering into contracts; and\n    (ii) of acquiring, holding and disposing of real and personal property; and\n    (iii) of instituting, and being a party to, legal proceedings.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Privileges and immunities of the Bank","content":"#### 7 Privileges and immunities of the Bank\n\n  The Bank has the privileges and immunities specified in items 6, 7 and 8 of the First Schedule to the Act.\n\n> Note: See also the Asian Infrastructure Investment Bank (Privileges and Immunities) Regulation 2015, which confers additional privileges and immunities on the Bank.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Indirect tax concession scheme","content":"## Part 3—Indirect tax concession scheme","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Indirect tax concession scheme—acquisitions","content":"#### 8 Indirect tax concession scheme—acquisitions\n\n  (1) For paragraph 11C(1)(a) of the Act, acquisitions by the Bank are covered by this instrument.\n  (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.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Indirect tax concession scheme—conditions","content":"#### 9 Indirect tax concession scheme—conditions\n\n  (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:\n    (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:\n    (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\n    (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\n    (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\n    (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;\n    (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.\n  (2) For subparagraphs (1)(a)(i) and (ii):\n    (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\n    (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:\n    (i) the Bank disposes of the goods to a person who is entitled to the concession; and\n    (ii) that person disposes of the goods to another person; and\n    (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.\n  (3) For paragraph (1)(a), the amount to be repaid is:\n    (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\n    (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.\n  (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.\n  (5) The amount mentioned in subsection 11C(1) of the Act is not payable if:\n    (a) an amount was payable for a similar acquisition; and\n    (b) the Minister tells the Bank in writing that, in his or her opinion, the Bank’s reasonable needs were met by that acquisition.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Indirect tax concession scheme—claims for payment","content":"#### 10 Indirect tax concession scheme—claims for payment\n\n  A claim for payment under section 8:\n    (a) must be signed by, or on behalf of, the President of the Bank; and\n    (b) must be sent with the tax invoice for the acquisition; and\n    (c) must be sent:\n    (i) for an acquisition of a motor vehicle—to the Protocol Branch of the Department of Foreign Affairs and Trade; or\n    (ii) in any other case—to the Australian Taxation Office; and\n    (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\n    (e) for an acquisition (other than an acquisition covered by paragraph (d)) that is subject to an arrangement:\n    (i) that is between the Bank and the Commonwealth; and\n    (ii) that specifies when a claim for payment may be sent;\n    may only be sent as specified in the arrangement; and\n    (f) for an acquisition that is not covered by paragraph (d) or (e)—may only be sent:\n    (i) with another claim; or\n    (ii) at least 3 months after another claim from the Bank is sent.\n\n> 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.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Indirect tax concession scheme—manner of payment","content":"#### 11 Indirect tax concession scheme—manner of payment\n\n  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.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other matters","content":"## Part 4—Other matters","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Waiver of privileges and immunities","content":"#### 12 Waiver of privileges and immunities\n\n  The Bank may waive any privileges or immunities to which the Bank is entitled by virtue of the Act or this instrument.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Delegation by the Minister","content":"#### 13 Delegation by the Minister\n\n  (1) The Minister may, by writing, delegate the Minister’s powers under paragraphs 9(1)(b) and (5)(b) to:\n    (a) the Secretary; or\n    (b) an SES employee, or acting SES employee, in the Department.\n\n> Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n> Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.\n\n  (2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument extends the scope of the Act to cover the Asian Infrastructure Investment Bank (s5), grants the Bank corporate legal personality and capacities (s6), and specifies that certain privileges and immunities apply (s7). It establishes an indirect tax concession scheme with conditions on eligibility, repayment obligations, time limits and claim procedures (ss8–11). Practically, the Commonwealth is the payer of indirect‑tax amounts under the scheme but those payments are conditional on the Bank entering written repayment agreements and meeting documentary requirements (s9, s10, s11). The Bank bears compliance tasks (providing tax invoices; President-signed claims) and potential repayment liabilities; the Minister can require security and delegate decision-making to the Secretary or an SES employee (s9(1)(b), s13)."},"complexity_factors":["Cross-references to the International Organisations (Privileges and Immunities) Act 1963 and the GST Act increase interpretive steps.","Detailed repayment rules with different time limits for motor vehicles (3 years) and other goods (2 years) and proportional repayment calculations (s9(1)(a), s9(3)).","Chained-disposal and sale-and-leaseback rules that treat indirect disposals as disposals for repayment triggers (s9(2)).","Operational claim and documentation requirements (tax invoice, President’s signature, routing to specific agencies) that create administrative procedures (s10).","Ministerial discretion to require security and impose conditions after breaches, plus delegation of those powers to senior officials (s9(1)(b), s13).","Some privileges are referenced by schedule items rather than repeated, and a separate regulation may confer additional privileges, requiring cross-instrument reading (s7 and Note)."],"plain_english_summary":"This regulation declares the Asian Infrastructure Investment Bank an international organisation under the International Organisations (Privileges and Immunities) Act 1963, gives it corporate legal personality and specified privileges and immunities, and establishes an indirect‑tax concession regime. It lets the Commonwealth pay indirect‑tax amounts to the Bank subject to written repayment agreements and time limits, sets claim and payment procedures (signed by the Bank’s President and sent to prescribed agencies), allows the Bank to waive immunities, and permits Ministerial delegation and security conditions."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: implementing Australia's obligations regarding the AIIB's legal status and tax treatment. The indirect tax concession scheme in Part 3 is a standard feature of such regulations and does not represent scope creep."},"complexity_factors":["Moderate cross-referencing to the parent Act (International Organisations (Privileges and Immunities) Act 1963) and GST legislation","Nested conditional logic in section 9 with multiple subparagraphs (i)-(iv) and exceptions in subsections (2)-(5)","Specific timing requirements (2-year and 3-year disposal windows) with proportional repayment calculations","Multiple administrative pathways for claims depending on acquisition type (motor vehicles vs other goods vs services)","Delegation provisions referencing external legislation (Acts Interpretation Act 1901)","Only 3 defined terms in the interpretation section, keeping definitions relatively simple"],"plain_english_summary":"This regulation gives the Asian Infrastructure Investment Bank formal legal personality and a package of privileges, immunities and indirect tax (GST) refunds so it can operate in Australia. It affects the AIIB, agencies that process refunds (e.g. DFAT, ATO) and, indirectly, taxpayers funding those refunds.  \n\nThe refunds are limited to official-use purchases and include safeguards—repayments and agreements—to prevent misuse (e.g. buying and reselling exempt goods)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/international-organisations-privileges-and-immunities-asian-infrastructure-investment-bank-regulatio","history":"/api/acts/international-organisations-privileges-and-immunities-asian-infrastructure-investment-bank-regulatio/history","analysis":"/api/acts/international-organisations-privileges-and-immunities-asian-infrastructure-investment-bank-regulatio/analysis","conflicts":"/api/acts/international-organisations-privileges-and-immunities-asian-infrastructure-investment-bank-regulatio/conflicts","importantCases":"/api/acts/international-organisations-privileges-and-immunities-asian-infrastructure-investment-bank-regulatio/important-cases","documents":"/api/acts/international-organisations-privileges-and-immunities-asian-infrastructure-investment-bank-regulatio/documents"}}