Act to bind Crown
8 Act to bind Crown
This Act binds the Crown in all its capacities.
This Act does not authorise:
a proceeding to be commenced as an action in rem against a government ship or government property; or
the arrest, detention or sale of a government ship or government property.
Where a proceeding has been commenced as an action in rem against a government ship or government property, the court may, if it is satisfied that the proceeding was so commenced in the reasonable belief that the ship was not a government ship, or the property was not government property:
order that the proceeding be treated as though it were a proceeding commenced as an action in personam on the claim against a person specified as defendant in the order; and
make such consequential orders as are necessary.
In this section:
government means the Commonwealth, a State or the Northern Territory.
government property means cargo or other property that belongs to a government, but does not include cargo or other property that belongs to a trading corporation that is an agency of a government.
government ship means a ship that belongs, or is for the time being demised or sub‑demised, to a government (including such a ship used by or in connection with a part of the Defence Force), but does not include a ship that belongs, or is for the time being demised or sub‑demised, to a trading corporation that is an agency of a government.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.