ADMIRALTY ACT 1988 - SECT 8 Act to bind Crown
ADMIRALTY ACT 1988 - SECT 8
Act to bind Crown(1) This Act binds the Crown in all its capacities.
(2) This Act does not authorise:
(a) a proceeding to be commenced as an action in rem against a government ship or government property; or
(b) the arrest, detention or sale of a government ship or government property.
(3) Where a proceeding has been commenced as an action in rem against a government ship or government property, the court may, if it is satisfied that the proceeding was so commenced in the reasonable belief that the ship was not a government ship, or the property was not government property:
(a) order that the proceeding be treated as though it were a proceeding commenced as an action in personam on the claim against a person specified as defendant in the order; and
(b) make such consequential orders as are necessary.
"government" means the Commonwealth, a State or the Northern Territory .
"government property" means cargo or other property that belongs to a government, but does not include cargo or other property that belongs to a trading corporation that is an agency of a government .
"government ship" means a ship that belongs, or is for the time being demised or sub - demised, to a government (including such a ship used by or in connection with a part of the Defence Force), but does not include a ship that belongs, or is for the time being demised or sub - demised, to a trading corporation that is an agency of a government.