Commonwealth Consolidated Acts

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 40

             (1)  The Minister for Foreign Affairs may certify in writing that, for the purposes of this Act:

                     (a)  a specified country is, or was on a specified day, a foreign State;

                     (b)  a specified territory is or is not, or was or was not on a specified day, part of a foreign State;

                     (c)  a specified person is, or was at a specified time, the head of, or the government or part of the government of, a foreign State or a former foreign State; or

                     (d)  service of a specified document as mentioned in section 24 or 28 was effected on a specified day.

             (2)  The Minister for Foreign Affairs may, either generally or as otherwise provided by the instrument of delegation, delegate by instrument in writing to a person his or her powers under subsection (1) in relation to the service of documents.

             (3)  A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

             (4)  A delegation under subsection (2) does not prevent the exercise of the power by the Minister.

             (5)  A certificate under this section is admissible as evidence of the facts and matters stated in it and is conclusive as to those facts and matters.