Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.