Commonwealth Consolidated Acts

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ADMIRALTY ACT 1988 - SECT 8

Act to bind Crown

             (1)  This Act binds the Crown in all its capacities.

             (2)  This Act does not authorise:

                     (a)  a proceeding to be commenced as an action in rem against a government ship or government property; or

                     (b)  the arrest, detention or sale of a government ship or government property.

             (3)  Where a proceeding has been commenced as an action in rem against a government ship or government property, the court may, if it is satisfied that the proceeding was so commenced in the reasonable belief that the ship was not a government ship, or the property was not government property:

                     (a)  order that the proceeding be treated as though it were a proceeding commenced as an action in personam on the claim against a person specified as defendant in the order; and

                     (b)  make such consequential orders as are necessary.

             (4)  In this section:

"government" means the Commonwealth, a State or the Northern Territory.

"government property" means cargo or other property that belongs to a government, but does not include cargo or other property that belongs to a trading corporation that is an agency of a government.

"government ship" means a ship that belongs, or is for the time being demised or sub-demised, to a government (including such a ship used by or in connection with a part of the Defence Force), but does not include a ship that belongs, or is for the time being demised or sub-demised, to a trading corporation that is an agency of a government.

   



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