FOREIGN STATES IMMUNITIES ACT 1985 - SECT 16 Membership of bodies corporate etc.

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 16

  (1)   A foreign State is not immune in a proceeding in so far as the proceeding concerns its membership, or a right or obligation that relates to its membership, of a body corporate, an unincorporated body or a partnership that:

  (a)   has a member that is not a foreign State or the Commonwealth; and

  (b)   is incorporated or has been established under the law of Australia or is controlled from, or has its principal place of business in, Australia ;

being a proceeding arising between the foreign State and the body or other members of the body or between the foreign State and one or more of the other partners.

  (2)   Where a provision included in:

  (a)   the constitution or other instrument establishing or regulating the body or partnership; or

  (b)   an agreement between the parties to the proceeding;

is inconsistent with subsection   ( 1), that subsection has effect subject to that provision.