Commonwealth Numbered Acts

FOREIGN STATES IMMUNITIES ACT 1985 No. 196 of 1985 - SECT 10

10. (1) A foreign State is not immune in a proceeding in which it has
submitted to the jurisdiction in accordance with this section.

(2) A foreign State may submit to the jurisdiction at any time, whether by
agreement or otherwise, but a foreign State shall not be taken to have so
submitted by reason only that it is a party to an agreement the proper law of
which is the law of Australia.

(3) A submission under sub-section (2) may be subject to a specified
limitation, condition or exclusion (whether in respect of remedies or
otherwise).

(4) Without limiting any other power of a court to dismiss, stay or otherwise
decline to hear and determine a proceeding, the court may dismiss, stay or
otherwise decline to hear and determine a proceeding if it is satisfied that,
by reason of the nature of a limitation, condition or exclusion to which a
submission is subject (not being a limitation, condition or exclusion in
respect of remedies), it is appropriate to do so.

(5) An agreement by a foreign State to waive its immunity under this Part has
effect to waive that immunity and the waiver may not be withdrawn except in
accordance with the terms of the agreement.

(6) Subject to sub-sections (7), (8) and (9), a foreign State may submit to
the jurisdiction in a proceeding by -

   (a)  instituting the proceeding; or

   (b)  intervening in, or taking a step as a party to, the proceeding.

(7) A foreign State shall not be taken to have submitted to the jurisdiction
in a proceeding by reason only that -

   (a)  it has made an application for costs; or

   (b)  it has intervened, or has taken a step, in the proceeding for the
        purpose or in the course of asserting immunity.

(8) Where the foreign State is not a party to a proceeding, it shall not be
taken to have submitted to the jurisdiction by reason only that it has
intervened in the proceeding for the purpose or in the course of asserting an
interest in property involved in or affected by the proceeding.

(9) Where -

   (a)  the intervention or step was taken by a person who did not know and
        could not reasonably have been expected to know of the immunity; and

   (b)  the immunity is asserted without unreasonable delay, the foreign State
        shall not be taken to have submitted to the jurisdiction in the
        proceeding by reason only of that intervention or step.

(10) Where a foreign State has submitted to the jurisdiction in a proceeding,
then, subject to the operation of sub-section (3), it is not immune in
relation to a claim made in the proceeding by some other party against it
(whether by way of set-off, counter-claim or otherwise), being a claim that
arises out of and relates to the transactions or events to which the
proceeding relates.

(11) In addition to any other person who has authority to submit, on behalf of
a foreign State, to the jurisdiction -

   (a)  the person for the time being performing the functions of the head of
        the State's diplomatic mission in Australia has that authority; and

   (b)  a person who has entered into a contract on behalf of and with the
        authority of the State has authority to submit in that contract, on
        behalf of the State, to the jurisdiction in respect of a proceeding
        arising out of the contract.