FOREIGN PROCEEDINGS (EXCESS OF JURISDICTION) ACT 1984 - SECT 14 Attorney - General may prohibit compliance with foreign judgments etc.

FOREIGN PROCEEDINGS (EXCESS OF JURISDICTION) ACT 1984 - SECT 14

  (1)   A reference in this section to a relevant judgment is a reference to a judgment (including an injunction) that, whether expressly or by necessary implication:

  (a)   requires an act or thing to be done in Australia ;

  (b)   prohibits the doing of an act or thing in Australia ; or

  (c)   requires a person to refrain from conduct in Australia ;

where the doing of the act or thing, the refraining from doing the act or thing or the refraining from conduct, as the case may be, would:

  (d)   relate to or affect trade or commerce with other countries or among the States;

  (e)   relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;

  (f)   relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;

  (g)   relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned; or

  (h)   constitute an external affair;

but does not include a reference to a judgment to the extent (if any) that the judgment expressly requires the payment of an amount of money.

  (2)   Where a foreign court has given a relevant judgment against a person, the Attorney - General may, if he or she is satisfied that the making of an order under this subsection in relation to the relevant judgment is desirable for the protection of the national interest, by legislative instrument, make an order prohibiting the person from complying with the relevant judgment in Australia .

  (3)   Where a foreign court has given a relevant judgment against a person, the Attorney - General may, if he or she is satisfied that compliance in Australia by any other person with an order, requirement, request, direction or instruction that has been or may be made or given, by or on behalf of that first - mentioned person:

  (a)   in accordance with the relevant judgment; or

  (b)   for the purpose of enabling that first - mentioned person to comply with the relevant judgment;

would or might be detrimental to the national interest, by legislative instrument, make an order prohibiting compliance in Australia with any such order, requirement, request, direction or instruction that has been or may be made or given.

  (4)   An order under subsection   ( 3) may be directed to a particular person, to persons included in a class of persons or to persons generally.

  (5)   Where the Attorney - General makes an order under subsection   ( 2) prohibiting compliance with a relevant judgment or an order under subsection   ( 3) prohibiting compliance with an order, requirement, request, direction or instruction, the Attorney - General may provide, in the order, that the relevant judgment or the order, requirement, request, direction or instruction, as the case may be, may be complied with in specified circumstances, and the circumstances that may be specified include the circumstance that the Attorney - General has consented to that compliance.