Commonwealth of Australia Explanatory Memoranda

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EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT AMENDMENT BILL 2005


2004-2005

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









European Bank for Reconstruction and Development Amendment Bill 2005

No.      , 2005

(Treasury)



A Bill for an Act to amend the European Bank for Reconstruction and
Development Act 1990, and for related purposes


Contents
           1     Short title 1
           2     Commencement     1
           3     Schedule(s) 2

Schedule 1-Amendment of the European Bank for Reconstruction and
           Development Act 1990    4

A Bill for an Act to amend the European Bank for Reconstruction and
Development Act 1990, and for related purposes

The Parliament of Australia enacts:

1  Short title

            This Act may be cited as the European Bank for Reconstruction
         and Development Amendment Act 2005.

2  Commencement

      (1)   Each provision of this Act specified in column 1 of the table
         commences, or is taken to have commenced, in accordance with column
         2 of the table. Any other statement in column 2 has effect
         according to its terms.

|Commencement information                               |
|Column 1    |Column 2                     |Column 3   |
|Provision(s)|Commencement                 |Date/Detail|
|            |                             |s          |
|1.          |The day on which this Act    |           |
|Sections 1  |receives the Royal Assent.   |           |
|to 3 and    |                             |           |
|anything in |                             |           |
|this Act not|                             |           |
|elsewhere   |                             |           |
|covered by  |                             |           |
|this table  |                             |           |
|2.          |The day on which this Act    |           |
|Schedule 1, |receives the Royal Assent.   |           |
|items 1, 2, |                             |           |
|3 and 4     |                             |           |
|3.          |The later of:                |           |
|Schedule 1, |(a) the day on which this Act|           |
|item 5      |receives the Royal Assent;   |           |
|            |and                          |           |
|            |(b) the day on which the     |           |
|            |Amendment to the Agreement   |           |
|            |establishing the European    |           |
|            |Bank for Reconstruction and  |           |
|            |Development in order to admit|           |
|            |Mongolia as a country of     |           |
|            |operations (adopted by the   |           |
|            |Board of Governors on        |           |
|            |30 January 2004) comes into  |           |
|            |force for Australia.         |           |
|            |However, the provision(s) do |           |
|            |not commence at all if the   |           |
|            |event mentioned in           |           |
|            |paragraph (b) does not occur |           |
|            |before the end of the period |           |
|            |of 2 years beginning on the  |           |
|            |day on which this Act        |           |
|            |receives the Royal Assent.   |           |
|            |The Minister must announce by|           |
|            |notice in the Gazette the day|           |
|            |on which the Amendment comes |           |
|            |into force for Australia.    |           |


         Note:    This table relates only to the provisions of this Act as
                originally passed by the Parliament and assented to. It will
                not be expanded to deal with provisions inserted in this Act
                after assent.

      (2)   Column 3 of the table contains additional information that is
         not part of this Act. Information in this column may be added to or
         edited in any published version of this Act.

3  Schedule(s)

            Each Act that is specified in a Schedule to this Act is amended
         or repealed as set out in the applicable items in the Schedule
         concerned, and any other item in a Schedule to this Act has effect
         according to its terms.

Schedule 1-Amendment of the European Bank for Reconstruction and
         Development Act 1990


1  Section 3 (definition of Agreement)
      Repeal the definition.

2  Section 3
      Insert:

         modifying includes adding, omitting and substituting.

3  Paragraph 4(a)
      After "Agreement", insert "establishing the European Bank for
      Reconstruction and Development as set out in Schedule 1".

4  After section 5
      Insert:

6  Regulations

            The Governor-General may make regulations modifying Schedule 1
         for the purpose of ensuring that the Schedule correctly sets out
         the English text of the Agreement establishing the European Bank
         for Reconstruction and Development, done at Paris on 29 May 1990,
         as amended from time to time.

5  At the end of Article 1 of Schedule 1
      Add "The purpose of the Bank may also be carried out in Mongolia
      subject to the same conditions. Accordingly, any reference in this
      Agreement and its annexes to 'Central and Eastern European countries',
      'countries from Central and Eastern Europe', 'recipient country (or
      countries)' or 'recipient member country (or countries)' shall refer
      to Mongolia as well.".

 


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