FOREIGN STATES IMMUNITIES ACT 1985 - SECT 24 Service through the diplomatic channel
FOREIGN STATES IMMUNITIES ACT 1985 - SECT 24
Service through the diplomatic channel(1) Initiating process that is to be served on a foreign State may be delivered to the Attorney - General for transmission by the Department of Foreign Affairs to the department or organ of the foreign State that is equivalent to that Department.
(2) The initiating process shall be accompanied by:
(a) a request in accordance with Form 1 in the Schedule;
(b) a statutory declaration of the plaintiff or applicant in the proceeding stating that the rules of court or other laws (if any) in respect of service outside the jurisdiction of the court concerned have been complied with; and
(c) if English is not an official language of the foreign State:
(i) a translation of the initiating process into an official language of the foreign State; and
(ii) a certificate in that language, signed by the translator, setting out particulars of his or her qualifications as a translator and stating that the translation is an accurate translation of the initiating process.
(3) Where the process and documents are delivered to the equivalent department or organ of the foreign State in the foreign State, service shall be taken to have been effected when they are so delivered.
(4) Where the process and documents are delivered to some other person on behalf of and with the authority of the foreign State, service shall be taken to have been effected when they are so delivered.
(5) Subsections ( 1) to (4) (inclusive) do not exclude the operation of any rule of court or other law under which the leave of a court is required in relation to service of the initiating process outside the jurisdiction.
(6) Service of initiating process under this section shall be taken to have been effected outside the jurisdiction and in the foreign State concerned, wherever the service is actually effected.
(7) The time for entering an appearance begins to run at the expiration of 2 months after the date on which service of the initiating process was effected.
(8) This section does not apply to service of initiating process
in a proceeding commenced as an action in rem .