South Australian Consolidated Acts South Australian Consolidated Acts41—Exclusion agreements not to apply in certain cases
(1) Subject to
subsection (3), if an award or a question of law arising in the course of
an arbitration relates, in whole or in part, to—
(a) a
question or claim falling within the Admiralty jurisdiction of the Supreme
Court; or
(b) a
dispute arising out of a contract of insurance; or
(c) a
dispute arising out of a commodity contract,
an exclusion agreement shall have no effect in relation to the award or
question unless either—
(d) the
exclusion agreement is entered into after the commencement of the arbitration
in which the award is made or, as the case requires, in which the question of
law arises; or
(e) the
award or question relates to a contract which is expressed to be governed by a
law other than the law of the State.
(2) In
subsection (1)(c)—
"commodity contract" means a contract—
(a) for
the sale of goods regularly dealt with on a commodity market or exchange in
South Australia which is specified for the purposes of this section by a
regulation made by the Governor; and
(b) of a
description specified for the purposes of this section by a regulation made by
the Governor.
(3) The Governor may
by regulation provide that subsection (1)—
(a)
shall cease to have effect; or
(b)
subject to such conditions as may be specified in the regulation, shall not
apply to any exclusion agreement made in relation to an award of a description
specified in the regulation,
and a regulation made under this subsection may contain such supplementary,
incidental and transitional provisions as appear to the Governor to be
necessary.