Interpretation
3 Interpretation
In this Act, unless the contrary intention appears:
agreement means an agreement in writing and includes:
a treaty or other international agreement in writing; and
a contract or other agreement in writing.
Australia when used in a geographical sense, includes each of the external Territories.
bill of exchange includes a promissory note.
court includes a tribunal or other body (by whatever name called) that has functions, or exercises powers, that are judicial functions or powers or are of a kind similar to judicial functions or powers.
Department of Foreign Affairs means the Department administered by the Minister who administers the Diplomatic Privileges and Immunities Act 1967.
diplomatic property means property that, at the relevant time, is in use predominantly for the purpose of establishing or maintaining a diplomatic or consular mission, or a visiting mission, of a foreign State to Australia.
foreign award means the following:
an arbitral award within the meaning of Part II of the International Arbitration Act 1974;
an award within the meaning of Part IV of that Act.
foreign judgment means a judgment to which Part 2 of the Foreign Judgments Act 1991 applies.
foreign State means a country the territory of which is outside Australia, being a country that is:
an independent sovereign state; or
a separate territory (whether or not it is self‑governing) that is not part of an independent sovereign state.
initiating process means an instrument (including a statement of claim, application, summons, writ, order or third party notice):
by which a proceeding is commenced; or
by reference to which a person becomes a party to a proceeding.
Examples of an initiating process are:
a summons for the registration of a foreign judgment; and
an application for the recognition or enforcement of a foreign award.
law of Australia means:
a law in force throughout Australia; or
a law of or in force in a part of Australia;
and includes the principles and rules of the common law and of equity as so in force.
military property means:
a ship of war, a Government yacht, a patrol vessel, a police or customs vessel, a hospital ship, a defence force supply ship or an auxiliary vessel, being a ship or vessel that, at the relevant time, is operated by the foreign State concerned (whether pursuant to requisition or under a charter by demise or otherwise); or
property (not being a ship or vessel) that is:
being used in connection with a military activity; or
under the control of a military authority or defence agency for military or defence purposes.
Minister for Foreign Affairs means the Minister who administers the Diplomatic Privileges and Immunities Act 1967.
proceeding means a proceeding in a court but does not include a prosecution for an offence or an appeal or other proceeding in the nature of an appeal in relation to such a prosecution.
property includes a chose in action.
separate entity, in relation to a foreign State, means a natural person (other than an Australian citizen), or a body corporate or corporation sole (other than a body corporate or corporation sole that has been established by or under a law of Australia), who or that:
is an agency or instrumentality of the foreign State; and
is not a department or organ of the executive government of the foreign State.
state terrorism means:
a state terrorist act (within the meaning of the Criminal Code); or
a state sponsor of terrorism (within the meaning of the Criminal Code); or
a member (within the meaning of subsection 110.1(1) of the Criminal Code) of a state sponsor of terrorism.
For the purposes of the definition of separate entity in subsection (1), a natural person who is, or a body corporate or a corporation sole that is, an agency of more than one foreign State shall be taken to be a separate entity of each of the foreign States.
Unless the contrary intention appears, a reference in this Act to a foreign State includes a reference to:
a province, state, self‑governing territory or other political subdivision (by whatever name known) of a foreign State;
the head of a foreign State, or of a political subdivision of a foreign State, in his or her public capacity; and
the executive government or part of the executive government of a foreign State or of a political subdivision of a foreign State, including a department or organ of the executive government of a foreign State or subdivision;
but does not include a reference to a separate entity of a foreign State.
A reference in this Act to a court of Australia includes a reference to a court that has jurisdiction in or for any part of Australia.
A reference in this Act to a commercial purpose includes a reference to a trading, a business, a professional and an industrial purpose.
A reference in this Act to the entering of appearance or to the entry of judgment in default of appearance includes a reference to any like procedure.
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