Commonwealth Consolidated Acts

FOREIGN PROCEEDINGS (EXCESS OF JURISDICTION) ACT 1984 - SECT 13

  (1)   Where:

  (a)   under a law of a country other than Australia, being a law that regulates or controls the trade or commerce of that country with another country or other countries, or trade or commerce among other countries, action has been or is proposed to be taken, or a decision has been or is proposed to be made, by or on behalf of the government of that first - mentioned country or by or on behalf of an agency or instrumentality, whether corporate or unincorporated, of that government;

  (b)   the action or decision imposes, or would impose, on:

  (i)   a natural person who is an Australian citizen or a resident of Australia ; or

  (ii)   a corporation that is incorporated or carries on business in Australia ;

    an obligation of any kind (including an obligation to refrain from doing any act or thing), being an obligation that could be, or must be, performed in Australia ; and

  (c)   that action or decision, or the performance of any obligation imposed by that action or decision:

  (i)   relates to or affects, or would relate to or affect, trade or commerce with other countries or among the States;

  (ii)   relates to or affects, or would relate to or affect, the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;

  (iii)   relates to or affects, or would relate to or affect, banking, other than State banking not extending beyond the limits of the State concerned;

  (iv)   relates to or affects, or would relate to or affect, insurance, other than State insurance not extending beyond the limits of the State concerned; or

  (v)   constitutes, or would constitute, an external affair;

the Attorney - General may, if he or she is satisfied that the making of an order under this subsection in relation to the obligation is desirable for the protection of the national interest, by legislative instrument, make an order that prohibits the performance of that obligation in Australia by the person or corporation referred to in paragraph   ( b).

  (2)   An order made under subsection   ( 1) may prohibit the performance of an obligation:

  (a)   absolutely;

  (b)   in such cases as are specified in the order; or

  (c)   subject to such conditions as to consent or as to other matters as are specified in the order.