Commonwealth Consolidated Acts

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 18

             (1)  A foreign State is not immune in a proceeding commenced as an action in rem against a ship concerning a claim in connection with the ship if, at the time when the cause of action arose, the ship was in use for commercial purposes.

             (2)  A foreign State is not immune in a proceeding commenced as an action in rem against a ship concerning a claim against another ship if:

                     (a)  at the time when the proceeding was instituted, the ship that is the subject of the action in rem was in use for commercial purposes; and

                     (b)  at the time when the cause of action arose, the other ship was in use for commercial purposes.

             (3)  A foreign State is not immune in a proceeding commenced as an action in rem against cargo that was, at the time when the    cause of action arose, a commercial cargo.

             (4)  The preceding provisions of this section do not apply in relation to the arrest, detention or sale of a ship or cargo.

             (5)  A reference in this section to a ship in use for commercial purposes or to a commercial cargo is a reference to a ship or a cargo that is commercial property as defined by subsection 32(3).