Commonwealth Consolidated Acts

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.