Commonwealth Consolidated Acts

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 10

             (1)  A foreign State is not immune in a proceeding in which it has submitted to the jurisdiction in accordance with this section.

             (2)  A foreign State may submit to the jurisdiction at any time, whether by agreement or otherwise, but a foreign State shall not be taken to have so submitted by reason only that it is a party to an agreement the proper law of which is the law of Australia.

             (3)  A submission under subsection (2) may be subject to a specified limitation, condition or exclusion (whether in respect of remedies or otherwise).

             (4)  Without limiting any other power of a court to dismiss, stay or otherwise decline to hear and determine a proceeding, the court may dismiss, stay or otherwise decline to hear and determine a proceeding if it is satisfied that, by reason of the nature of a limitation, condition or exclusion to which a submission is subject (not being a limitation, condition or exclusion in respect of remedies), it is appropriate to do so.

             (5)  An agreement by a foreign State to waive its immunity under this Part has effect to waive that immunity and the waiver may not be withdrawn except in accordance with the terms of the agreement.

             (6)  Subject to subsections (7), (8) and (9), a foreign State may submit to the jurisdiction in a proceeding by:

                     (a)  instituting the proceeding; or

                     (b)  intervening in, or taking a step as a party to, the proceeding.

             (7)  A foreign State shall not be taken to have submitted to the jurisdiction in a proceeding by reason only that:

                     (a)  it has made an application for costs; or

                     (b)  it has intervened, or has taken a step, in the proceeding for the purpose or in the course of asserting immunity.

             (8)  Where the foreign State is not a party to a proceeding, it shall not be taken to have submitted to the jurisdiction by reason only that it has intervened in the proceeding for the purpose or in the course of asserting an interest in property involved in or affected by the proceeding.

             (9)  Where:

                     (a)  the intervention or step was taken by a person who did not know and could not reasonably have been expected to know of the immunity; and

                     (b)  the immunity is asserted without unreasonable delay;

the foreign State shall not be taken to have submitted to the jurisdiction in the proceeding by reason only of that intervention or step.

           (10)  Where a foreign State has submitted to the jurisdiction in a proceeding, then, subject to the operation of subsection (3), it is not immune in relation to a claim made in the proceeding by some other party against it (whether by way of set‑off, counter‑claim or otherwise), being a claim that arises out of and relates to the transactions or events to which the proceeding relates.

           (11)  In addition to any other person who has authority to submit, on behalf of a foreign State, to the jurisdiction:

                     (a)  the person for the time being performing the functions of the head of the State's diplomatic mission in Australia has that authority; and

                     (b)  a person who has entered into a contract on behalf of and with the authority of the State has authority to submit in that contract, on behalf of the State, to the jurisdiction in respect of a proceeding arising out of the contract.