Commonwealth Consolidated Acts

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 3

             (1)  In this Act, unless the contrary intention appears:

agreement means an agreement in writing and includes:

                     (a)  a treaty or other international agreement in writing; and

                     (b)  a contract or o ther agreement in writing.

Australia when used in a geographical sense, includes each of the external Territories.

bill of exchange includes a promissory note.

court includes a tribunal or other body (by whatever name called) that has functions, or exercises powers, that are judicial functions or powers or are of a kind similar to judicial functions or powers.

"Department of Foreign Affairs" means the Department administered by the Minister who administers the Diplomatic Privileges and Immunities Act 1967 .

diplomatic property means property that, at the relevant time, is in use predominantly for the purpose of establishing or maintaining a diplomatic or consular mission, or a visiting mission, of a foreign State to Australia .

foreign State means a country the territory of which is outside Australia , being a country that is:

                     (a)  an independent sovereign state; or

                     (b)  a separate territory (whether or not it is self‑governing) that is not part of an independent sovereign state.

initiating process means an instrument (including a statement of claim, application, summons, writ, order or third party notice) by reference to which a person becomes a party to a proceeding.

law of Australia means:

                     (a)  a law in force throughout Australia ; or

                     (b)  a law of or in force in a part of Australia ;

and includes the principles and rules of the common law and of equity as so in force.

military property means:

                     (a)  a ship of war, a Government yacht, a patrol vessel, a police or customs vessel, a hospital ship, a defence force supply ship or an auxiliary vessel, being a ship or vessel that, at the relevant time, is operated by the foreign State concerned (whether pursuant to requisition or under a charter by demise or otherwise); or

                     (b)  property (not being a ship or vessel) that is:

                              (i)  being used in connection with a military activity; or

                             (ii)  under the control of a military authority or defence agency for military or defence purposes.

"Minister for Foreign Affairs" means the Minister who administers the Diplomatic Privileges and Immunities Act 1967 .

proceeding means a proceeding in a court but does not include a prosecution for an offence or an appeal or other proceeding in the nature of an appeal in relation to such a prosecution.

property includes a chose in action.

separate entity , in relation to a foreign State, means a natural person (other than an Australian citizen), or a body corporate or corporation sole (other than a body corporate or corporation sole that has been established by or under a law of Australia), who or that:

                     (a)  is an agency or instrumentality of the foreign State; and

                     (b)  is not a department or organ of the executive government of the foreign State.

             (2)  For the purposes of the definition of separate entity in subsection (1), a natural person who is, or a body corporate or a corporation sole that is, an agency of more than one foreign State shall be taken to be a separate entity of each of the foreign States.

             (3)  Unless the contrary intention appears, a reference in this Act to a foreign State includes a reference to:

                     (a)  a province, state, self‑governing territory or other political subdivision (by whatever name known) of a foreign State;

                     (b)  the head of a foreign State, or of a political subdivision of a foreign State, in his or her public capacity; and

                     (c)  the executive government or part of the executive government of a foreign State or of a political subdivision of a foreign State, including a department or organ of the executive government of a foreign State or subdivision;

but does not include a reference to a separate entity of a foreign State.

             (4)  A reference in this Act to a court of Australia includes a reference to a court that has jurisdiction in or for any part of Australia .

             (5)  A reference in this Act to a commercial purpose includes a reference to a trading, a business, a professional and an industrial purpose.

             (6)  A reference in this Act to the entering of appearance or to the entry of judgment in default of appearance includes a reference to any like procedure.