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COMMONWEALTHAct
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s 16

Membership of bodies corporate etc

In force
Part IIImmunity from jurisdiction

16 Membership of bodies corporate etc

(1)

A foreign State is not immune in a proceeding in so far as the proceeding concerns its membership, or a right or obligation that relates to its membership, of a body corporate, an unincorporated body or a partnership that:

(a)

has a member that is not a foreign State or the Commonwealth; and

(b)

is incorporated or has been established under the law of Australia or is controlled from, or has its principal place of business in, Australia;

being a proceeding arising between the foreign State and the body or other members of the body or between the foreign State and one or more of the other partners.

(2)

Where a provision included in:

(a)

the constitution or other instrument establishing or regulating the body or partnership; or

(b)

an agreement between the parties to the proceeding;

is inconsistent with subsection (1), that subsection has effect subject to that provision.

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