Foreign States Immunities (Emergency Prevention and Management) Regulations 2018 (Cth)

Foreign States Immunities (Emergency Prevention and Management) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 30 August 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Christian Porter

Attorney‑General

Contents

Part 1Preliminary1Name

This instrument is the Foreign States Immunities (Emergency Prevention and Management) Regulations 2018.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	At the same time as Schedule 1 to the Foreign States Immunities (Taxation) Regulations 2018 commences. However, the provisions do not commence at all if that Schedule does not commence.	4 September 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Foreign States Immunities Act 1985.

4Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Australia;

(b) separate entity.

In this instrument:

Act means the Foreign States Immunities Act 1985.

Part 2Extension of immunities5Bushfires

For the purposes of subsection 42A(2) of the Act, section 13 of the Act does not apply with respect to the United States of America (or a separate entity of the United States of America) in relation to acts or omissions that are done or omitted to be done by the United States of America (or a separate entity of the United States of America):

1. (a)

   in the course of providing facilities or assistance to the Australian Government, or the government of a State or Territory, for the purpose of preparing for, preventing or managing bushfires in Australia; and

2. (b)

   for the purpose of preparing for, preventing or managing bushfires in Australia.