Commonwealth Consolidated Acts

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 32

             (1)  Subject to the operation of any submission that is effective by reason of section 10, section 30 does not apply in relation to commercial property.

             (2)  Where a foreign State is not immune in a proceeding against or in connection with a ship or cargo, section 30 does not prevent the arrest, detention or sale of the ship or cargo if, at the time of the arrest or detention:

                     (a)  the ship or cargo was commercial property; and

                     (b)  in the case of a cargo that was then being carried by a ship belonging to the same or to some other foreign State--the ship was commercial property.

             (3)  For the purposes of this section:

                     (a)  commercial property is property, other than diplomatic property or military property, that is in use by the foreign State concerned substantially for commercial purposes; and

                     (b)  property that is apparently vacant or apparently not in use shall be taken to be being used for commercial purposes unless the court is satisfied that it has been set aside otherwise than for commercial purposes.