2008-2009

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES



Presented and read a first time




Foreign States Immunities Amendment
Bill 2009
No.           , 2009
(Attorney-General)




A Bill for an Act to amend the Foreign States
Immunities Act 1985, and for related purposes


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

Schedule 1--Foreign States Immunities Act 1985                                                                                   3




i   Foreign States Immunities Amendment Bill 2009                    No.        , 2009


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 2   Immunities Act 1985, and for related purposes
 3   The Parliament of Australia enacts:
 4   1 Short title
 5              This Act may be cited as the Foreign States Immunities
 6              Amendment Act 2009.

 7   2 Commencement
 8              This Act commences on the day after this Act receives the Royal
 9              Assent.

10   3 Schedule(s)
11              Each Act that is specified in a Schedule to this Act is amended or
12              repealed as set out in the applicable items in the Schedule



                        Foreign States Immunities Amendment Bill 2009   No.   , 2009   1


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2             according to its terms.
3




    2   Foreign States Immunities Amendment Bill 2009   No.   , 2009


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 1   Schedule 1--Foreign States Immunities Act
 2         1985
 3

 4   1 Subsections 42(1) and (2)
 5           Omit "Governor-General" (first occurring), substitute "Minister".
 6   Note:   The heading to section 42 is altered by adding at the end "--general".

 7   2 After section 42
 8           Insert:

 9   42A Extension of immunities--emergency prevention and
10            management
11           (1) This section applies if the Minister is satisfied that a foreign State
12               (or a separate entity of a foreign State) is providing, or is to
13               provide, assistance or facilities:
14                 (a) to the Australian Government, or the government of a State
15                      or Territory; and
16                 (b) for the purposes of preparing for, preventing or managing
17                      emergencies or disasters (whether natural or otherwise) in
18                      Australia.
19           (2) The Governor-General may make regulations excluding or
20               modifying the application of section 13 (personal injury and
21               damage to property) with respect to the foreign State (or the
22               separate entity of the foreign State) in relation to acts or omissions
23               done or omitted to be done by the foreign State (or the entity) in
24               the course of the provision of the assistance or facilities.
25                Note:       Section 22 applies section 13 to a separate entity of a foreign State.




                          Foreign States Immunities Amendment Bill 2009         No.     , 2009         3