No. 3, 1984
Compilation No. 10
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 15 November 2016
About this compilation
This compilation
This is a compilation of the Foreign Proceedings (Excess of Jurisdiction) Act 1984 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I--Preliminary
1 Short title
2 Extension to external Territories
3 Interpretation
Part II--Foreign proceedings
Division 1--Interpretation and Application
4 Interpretation
5 Application of Part
Division 2--Prohibition of the giving of certain evidence in foreign courts or to foreign authorities
6 Exercise of powers under this Part
7 Orders
8 Injunctions
Division 3--Enforceability of judgments given in foreign antitrust proceedings
9 Enforceability of judgments given in foreign antitrust proceedings
10 Defendant in antitrust proceedings may recover against person who has enforced judgment
10A Declarations under section 9--coming into force
11 Defendant may recover reasonable costs and expenses
12 Enforcement of judgments under reciprocal agreement
12A Declarations under section 12--coming into force
Part III--Actions and decisions of foreign governments affecting Australia
13 Attorney-General may make orders relating to actions or decisions
Part IV--Prohibition on giving effect to certain foreign judgments
14 Attorney-General may prohibit compliance with foreign judgments etc.
Part V--Miscellaneous
16 Jurisdiction of Federal Court
17 Service of notice of orders
18 Offences
19 Regulations
20 Repeal etc.
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
3, 1984 | 21 Mar 1984 | 18 Apr 1984 |
| |
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 | 99, 1988 | 2 Dec 1988 | Sch (item 1): 2 Dec 1988 (s 2) | -- |
112, 1991 | 27 June 1991 | s 21: 27 Oct 1991 (s 2(2)) | -- | |
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | ||
62, 2004 | 26 May 2004 | Sch 1 (items 21, 22): 27 May 2004 (s 2(1) item 8) | -- | |
73, 2008 | 3 July 2008 | Sch 4 (items 299-315): 4 July 2008 (s 2(1) item 64) | -- | |
46, 2011 | 27 June 2011 | Sch 2 (item 634) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | Sch 3 (items 10, 11) | |
10, 2015 | 5 Mar 2015 | Sch 3 (items 141-151, 348, 349): 5 Mar 2016 (s 2(1) item 2) | Sch 3 (items 348, 349) | |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 176): 10 Mar 2016 (s 2(1) item 6) | -- |
61, 2016 | 23 Sept 2016 | Sch 1 (items 247, 248): 21 Oct 2016 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part I |
|
s 3..................... | am No 55, 2001; No 62, 2004; No 46, 2011 |
Part II |
|
Division 2 |
|
s 6..................... | am No 73, 2008 |
s 7..................... | am No 73, 2008; No 10, 2015 |
s 8..................... | am No 62, 2004 |
Division 3 |
|
s 9..................... | am No 73, 2008; No 10, 2015 |
s 10A................... | ad No 10, 2015 |
s 11.................... | am No 73, 2008 |
s 12.................... | am No 112, 1991; No 10, 2015 |
s 12A................... | ad No 10, 2015 |
Part III |
|
s 13.................... | am No 73, 2008; No 10, 2015 |
Part IV |
|
s 14.................... | am No 73, 2008; No 10, 2015 |
Part V |
|
s 15.................... | am No 99, 1988; No 73, 2008 |
| rep No 10, 2015 |
s 17.................... | am No 73, 2008; No 10, 2015 |
s 18.................... | am No 73, 2008; No 4, 2016; No 61, 2016 |
s 19.................... | am No 10, 2015 |