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Foreign States Immunities Act 1985

Submitted by Richard_Li on
Distinguished Terms in this instrument
Term(s) Definition Defined in Legislation See Section(s)
agreement

means an in writing and includes:

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

(b) a contract or o

ther agreement in writing.

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
Australia

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

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
bill of exchange

includes a promissory note.

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
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.

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
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 States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
foreign award

means an arbitral award made, in pursuance of an arbitration agreement, in a country other than Australia, being an arbitral award in relation to which the Convention applies.

(2) In this Part, where the context so admits,

enforcement

International Arbitration Act 1974 International Arbitration Act 1974 - 3 Interpretation
foreign State

means a country the territory of which is outside

Australia

, being a country that is:

(a) an independent sovereign state; or

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
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.

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
law of

Australia

means:

(a) a law in force throughout

Australia

; or

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

Australia

Foreign States Immunities Act 1985
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.

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
military property

means:

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
proceeding

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

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
property

includes a chose in action.

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 3 Interpretation
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:

Foreign States Immunities Act 1985 Foreign States Immunities Act 1985 - 1 Short title
Foreign States Immunities Act 1985 - 3 Interpretation

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