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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