Foreign States Immunities Act 1985
No. 196, 1985
Compilation No. 6
Compilation date: 8 November 2025
Includes amendments: Act No. 60, 2025
About this compilation
This compilation
This is a compilation of the Foreign States Immunities Act 1985 that shows the text of the law as amended and in force on 8 November 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 External Territories
5 Act to bind Crown
6 Savings of other laws
7 Application
8 Application to courts
Part II—Immunity from jurisdiction
9 General immunity from jurisdiction
10 Submission to jurisdiction
11 Commercial transactions
12 Contracts of employment
13 Personal injury and damage to property
13A State terrorism
14 Ownership, possession and use of property etc.
15 Copyright, patents, trade marks etc.
16 Membership of bodies corporate etc.
17 Arbitrations
18 Actions in rem
19 Bills of exchange
20 Taxes
21 Related proceedings
22 Application of Part to separate entities
Part III—Service and judgments
23 Service of initiating process by agreement
24 Service through the diplomatic channel
25 Other service ineffective
26 Waiver of objection to service
26A Judgments and orders in ex parte proceedings
27 Judgments or orders in default of appearance
28 Enforcement of judgments and orders in default of appearance
29 Power to grant relief
Part IV—Enforcement
30 Immunity from execution
31 Waiver of immunity from execution
32 Execution against commercial property
33 Execution against immovable property etc.
33A Execution in so far as…
Overview
The Foreign States Immunities Act 1985 was enacted by the Australian Parliament to address the legal framework governing the immunity of foreign states and their property from the jurisdiction of Australian courts. The act was designed to provide clarity and consistency in determining when foreign states and their property are immune from legal proceedings in Australia, thereby balancing the need to respect international comity with the rights of individuals and entities to seek redress in Australian courts under certain circumstances. The act delineates specific instances where a foreign state may be subject to the jurisdiction of Australian courts, such as in cases involving commercial transactions, personal injury, and damage to property caused within Australia, among others. It also outlines the procedures for serving legal documents on foreign states and the conditions under which judgments and orders can be enforced against them. This legislative framework is essential for maintaining Australia's international relations while ensuring that its legal system can effectively address claims against foreign states within its jurisdiction.
Scope and Application
The Foreign States Immunities Act 1985 applies to foreign States and their separate entities, defining a foreign State as an independent sovereign state or a separate territory not part of an independent sovereign state, excluding territories within Australia. This Act governs the immunity of foreign States and their separate entities from the jurisdiction of Australian courts, service of process, and enforcement of judgments. It extends to each external Territory of Australia and binds the Crown in all its capacities. The Act does not affect immunities conferred by other Acts such as the Consular Privileges and Immunities Act 1972 or the Diplomatic Privileges and Immunities Act 1967. The application of the Act is retrospective only in certain circumstances, such as in cases of commercial transactions, contracts of employment, and certain property-related proceedings. Certain proceedings, including those concerning state terrorism, are explicitly excluded from the immunity provisions. The Act also provides mechanisms for service of process, judgments in default of appearance, and enforcement of judgments against foreign States and their separate entities, subject to certain conditions and limitations. Additionally, the Act allows for the modification of immunities and privileges through regulations made by the Governor-General under specific circumstances, such as when a foreign State does not accord reciprocal immunity to Australia or when immunities differ from those required by a treaty or agreement.
Key Provisions
- The Foreign States Immunities Act 1985 (the "Act") provides for the immunity of foreign states and their officials from legal proceedings in Australian courts, with certain exceptions. Section 9 (1) establishes the general immunity of a foreign state from the jurisdiction of Australian courts, except as provided by the Act. Section 10 allows a foreign state to submit to the jurisdiction of Australian courts by agreement or otherwise, and Section 11 excludes certain commercial transactions from the immunity granted in Section 9. Section 12 provides for immunity in relation to employment contracts, with exceptions for contracts made in Australia or to be performed wholly or partly in Australia. Section 13 exempts foreign states from immunity in cases of personal injury or damage to property caused by acts or omissions in Australia. The Act imposes obligations on parties involved in legal proceedings with foreign states, including requirements for service of process and restrictions on entering judgments against foreign states in certain circumstances. Service of initiating process on a foreign state may be effected by agreement under Section 23, or through the diplomatic channel under Section 24. Section 25 declares that any other form of service is ineffective, while Section 26 provides that a foreign state's failure to object to service in a proceeding is considered a waiver of any objection to service. Judgments or orders made against a foreign state in default of appearance are also restricted under Sections 27 and 28. Failure to comply with these provisions may result in the setting aside of inconsistent judgments, orders, or processes under Section 38. The Act also includes provisions for the enforcement of judgments and orders against foreign states, with restrictions on the enforcement of judgments or orders in default of appearance against foreign states (Section 28). The Act provides for the immunity of foreign states from execution under Section 30, with exceptions for commercial property under Section 32 and immovable property under Section 33. The Act imposes penalties for breaches of its provisions, including fines or committal for failure to comply with orders made against a foreign state (Section 34). The Act also includes provisions for the modification of immunities and privileges in certain circumstances, including where the immunities and privileges conferred by the Act differ from those required by a treaty, convention, or other agreement to which the foreign state and Australia are parties (Section 42).
- Area of Law
- International Law
- Administrative Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Immunity from jurisdiction
- Reporting & Disclosure Obligations
- Enforcement Powers
- Delegations & Subordinate Legislation
- Review & Sunset Clauses
- Parliamentary Oversight
