12. Privileges and immunities of officer12. Privileges and immunities of officers, experts and others

12. Privileges and immunities of officers, experts and others

12.1 Governors, Directors, alternates, and Officers of ADB and the Office, will enjoy within and with respect to Australia the following privileges and immunities: (a) immunity from suit and from every form of legal process with respect to words spoken or written and all acts performed by them in their official capacity, except when ADB waives the immunity; (b) exemption from taxation on or in respect of the salaries and emoluments received from ADB; (c) exemption in respect of exchange restrictions no less favorable than that accorded to officials of comparable rank of diplomatic missions; (d) the same repatriation facilities in time of international crises that are accorded to a diplomatic agent; (e) the right to import, free of duty, their furniture and effects, including motor vehicles, when first taking up a post in Australia, on terms not less favourable than those applicable to other international organizations and diplomatic missions in Australia; and (f) exemption from national service obligations in Australia. Such exemption will not, however, apply to nationals of Australia. Should Officers who are nationals of Australia be called for national service, the Government will endeavor to grant deferment when, in the opinion of ADB, serious disruption to essential ADB operations may occur. 12.2 Experts performing missions for ADB, will enjoy within and with respect to Australia the privileges and immunities set forth in Article 55 and 56.2 of the Charter, except as provided by paragraph 12.4 of this Arrangement. 12.3 Persons, other than Officers and experts performing missions for ADB, who are serving on a committee, or participating in the work of ADB and are invited to the Office Seat by ADB on official business, will enjoy: (a) immunity from suit and every form of legal process in respect of acts performed by them in an official capacity and/or activities related to their participation in the work of ADB; (b) exemption from taxation on salaries and emoluments received from ADB, except as provided by paragraph 12.4 of this Arrangement; and (c) exemption from currency or exchange restrictions to such extent as is accorded to a representative of a foreign government on a temporary mission on behalf of that government. 12.4 The salary and emoluments received from ADB by a person on whom privileges and immunities are conferred by paragraphs 12.2 and 12.3, 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 a citizen or national of Australia and came to Australia solely for the purpose of serving on a committee, or participating in the work of ADB, or performing a mission on behalf of ADB. 12.5 ADB will communicate to the Government the names of Officers of the Office, and, as appropriate, the names of other persons, to whom privileges and immunities apply. 12.6 Officers of the Office, and, at the request of ADB, experts performing missions for ADB, will be provided by the Government with an identity card which will serve to identify the holder to the appropriate authorities of Australia and to certify that the holder enjoys the privileges and immunities specified in the Charter and this Arrangement. 12.7 The privileges, immunities, exemptions and facilities accorded in this Arrangement are granted in the interest of ADB and not for the personal benefit of the individuals themselves. ADB will waive the immunity accorded to any person if, in its opinion, such immunity would impede the course of justice and the waiver is not necessary for the effective performance of the functions of ADB and/or the persons granted such privileges, immunities, exemptions and facilities. 12.8 ADB will take every measure to ensure that the privileges, immunities, exemptions and facilities conferred by this Arrangement are not abused. There will be consultation between the Government and ADB, should the Government consider that an abuse has occurred or ADB consider that its privileges, immunities, exemptions or facilities have not been respected by the Government.