Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"agreement" means an agreement in writing and includes:
(a) a treaty or other international agreement in writing; and
(b) 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:
(a) an arbitral award within the meaning of Part I I of the International Arbitration Act 1974 ;
(b) an award within the meaning of Part I V 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:
(a) an independent sovereign state; or
(b) 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):
(a) by which a proceeding is commenced; or
(b) by reference to which a person becomes a party to a proceeding.
Note: Examples of an initiating process are:
(a) a summons for the registration of a foreign judgment; and
(b) an application for the recognition or enforcement of a foreign award.
"law of" Australia means:
(a) a law in force throughout Australia ; or
(b) 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) 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
(b) property (not being a ship or vessel) that is:
(i) being used in connection with a military activity; or
(ii) 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:
(a) is an agency or instrumentality of the foreign State; and
(b) is not a department or organ of the executive government of the foreign State.
(2) 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.
(3) Unless the contrary intention appears, a reference in this Act to a foreign State includes a reference to:
(a) a province, state, self - governing territory or other political subdivision (by whatever name known) of a foreign State;
(b) the head of a foreign State, or of a political subdivision of a foreign State, in his or her public capacity; and
(c) 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.
(4) 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 .
(5) A reference in this Act to a commercial purpose includes a reference to a trading, a business, a professional and an industrial purpose.
(6) 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.