Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 196, 1985
Compilation No. 5
Compilation date: 18 February 2022
Includes amendments up to: Act No. 3, 2022
Registered: 23 February 2022
About this compilation
This compilation
This is a compilation of the Foreign States Immunities Act 1985 that shows the text of the law as amended and in force on 18 February 2022 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 I--Preliminary
1 Short title
2 Commencement
3 Interpretation
4 External Territories
5 Act to bind Crown
6 Savings of other laws
7 Application
8 Application to courts
Part II--Immunity from jurisdiction
9 General immunity from jurisdiction
10 Submission to jurisdiction
11 Commercial transactions
12 Contracts of employment
13 Personal injury and damage to property
14 Ownership, possession and use of property etc.
15 Copyright, patents, trade marks etc.
16 Membership of bodies corporate etc.
17 Arbitrations
18 Actions in rem
19 Bills of exchange
20 Taxes
21 Related proceedings
22 Application of Part to separate entities
Part III--Service and judgments
23 Service of initiating process by agreement
24 Service through the diplomatic channel
25 Other service ineffective
26 Waiver of objection to service
26A Judgments and orders in ex parte proceedings
27 Judgments or orders in default of appearance
28 Enforcement of judgments and orders in default of appearance
29 Power to grant relief
Part IV--Enforcement
30 Immunity from execution
31 Waiver of immunity from execution
32 Execution against commercial property
33 Execution against immovable property etc.
34 Restrictions on certain other relief
35 Application of Part to separate entities
Part V--Miscellaneous
36 Heads of foreign States
37 Effect of agreements on separate entities
38 Power to set aside process etc.
39 Discovery
40 Certificate as to foreign State etc.
41 Certificate as to use
42 Restrictions and extensions of immunities and privileges--general
42A Extension of immunities--emergency prevention and management
43 Regulations
Schedule
Form 1 28
Form 2 29
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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.
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 | /sub-subparagraph(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) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(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 |
196, 1985 | 16 Dec 1985 | s 18(2): 1 Jan 1989 (s 2 and gaz 1988, No S359) |
| |
141, 1987 | 18 Dec 1987 | |||
89, 2009 | 18 Sept 2009 | 19 Sept 2009 (s 2) | -- | |
8, 2010 | 1 Mar 2010 | Sch 1 (items 30, 31): 1 Mar 2010 (s 2(1) item 4) | -- | |
61, 2016 | 23 Sept 2016 | Sch 3 (item 21): 21 Oct 2016 (s 2(1) item 1) | -- | |
Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Act 2022 | 3, 2022 | 17 Feb 2022 | Sch 1 (items 75-95): 18 Feb 2022 (s 2(1) item 3) | Sch 1 (item 95) |
Provision affected | How affected |
Part I |
|
s 3..................... | am No 8, 2010; No 3, 2022 |
Part II |
|
s 22.................... | am No 141, 1987 |
Part III |
|
s 26A................... | ad No 3, 2022 |
s 27.................... | am No 3, 2022 |
s 28.................... | am No 3, 2022 |
Part V |
|
s 41.................... | am No 61, 2016 |
s 42.................... | am No 89, 2009 |
s 42A................... | ad No 89, 2009 |
Schedule |
|
Form 1.................. | am No 3, 2022 |
Form 2.................. | am No 3, 2022 |