Commonwealth Consolidated Acts Commonwealth Consolidated ActsActions in personam
(1) Proceedings for an action in personam relating to the object cannot be started against a protected person for the object.
Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.
Actions in rem
(2) Proceedings for an action in rem relating to the object cannot be started.
Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.
Exception for protected persons starting proceedings
(3) Subsections (1) and (2) do not prevent a person who is a protected person for the object because of a particular paragraph of the definition of protected person in section 5 from starting proceedings against a person who is a protected person for the object because of that paragraph, or a later paragraph, of that definition.
Example: An exhibiting institution can start an action against a person it engages to transport the object, because:
(a) the exhibiting institution is a protected person because of paragraph (c) of the definition of protected person ; and
(b) the person engaged to transport the object is a protected person because of paragraph (e) of that definition.
Exception for certain proceedings
(4) Subsections (1) and (2) do not apply to:
(a) proceedings under the Proceeds of Crime Act 2002 ; or
(b) proceedings prescribed by regulation for the purposes of this subsection.
This section applies to starting of proceedings in any way
(5) This section applies to the starting of proceedings in a federal court or a court of a State or Territory by claim, cross - claim or otherwise.