{"id":"C2004A02867","name":"Foreign Proceedings (Excess of Jurisdiction) Act 1984","slug":"foreign-proceedings-excess-of-jurisdiction-act-1984","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"3 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":34387,"registerId":"commonwealth-C2004A02867-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Foreign Proceedings (Excess of Jurisdiction) Act 1984.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Extension to external Territories","content":"#### 2 Extension to external Territories\n\n  This Act extends to the external Territories.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> antitrust law means any law of a kind commonly known as an antitrust law and includes any law having as its purpose, or as its dominant purpose, the preservation of competition between manufacturing, commercial or other business enterprises or the prevention or repression of monopolies or restrictive practices in trade or commerce.\n\n> Australia when used in a geographical sense, includes the external Territories.\n\n> authority includes:\n\n    (a) a court or a grand jury; and\n    (b) any officer, examiner, investigator or other person authorized:\n    (i) to take or receive evidence, whether on behalf of a court or otherwise; or\n    (ii) to require the answering of questions or the production of documents.\n\n> Court means the Federal Court of Australia.\n\n> foreign authority means an authority of a country other than Australia.\n\n> foreign court means any court, or prescribed authority, of a country other than Australia or a part of such a country.\n\n> judgment includes a decree or order.\n\n  (2) A reference in this Act to a judgment being given is, in relation to a judgment that is a decree or order, a reference to the decree or order being made.\n  (3) A reference in this Act to proceedings in which multiple damages may be awarded is a reference to proceedings in which judgment may be given for an amount calculated by doubling, trebling or otherwise multiplying the amount assessed by the court as the amount that would compensate the person who instituted the proceedings for the loss or damage in respect of which the proceedings were instituted, and a reference in this Act to a judgment for multiple damages is a reference to a judgment for an amount that is so calculated.\n  (4) For the purposes of this Act, the question whether a corporation is related to another corporation shall be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act 2001.","sortOrder":3},{"sectionNumber":"Part II","sectionType":"part","heading":"Foreign proceedings","content":"An Act to make provision in relation to the evidence that may be given in certain foreign proceedings, to provide a right of action in Australia in respect of the enforcement outside Australia of certain foreign judgments, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Foreign Proceedings (Excess of Jurisdiction) Act 1984.\n\n#### 2 Extension to external Territories\n\n  This Act extends to the external Territories.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> antitrust law means any law of a kind commonly known as an antitrust law and includes any law having as its purpose, or as its dominant purpose, the preservation of competition between manufacturing, commercial or other business enterprises or the prevention or repression of monopolies or restrictive practices in trade or commerce.\n\n> Australia when used in a geographical sense, includes the external Territories.\n\n> authority includes:\n\n    (a) a court or a grand jury; and\n    (b) any officer, examiner, investigator or other person authorized:\n    (i) to take or receive evidence, whether on behalf of a court or otherwise; or\n    (ii) to require the answering of questions or the production of documents.\n\n> Court means the Federal Court of Australia.\n\n> foreign authority means an authority of a country other than Australia.\n\n> foreign court means any court, or prescribed authority, of a country other than Australia or a part of such a country.\n\n> judgment includes a decree or order.\n\n  (2) A reference in this Act to a judgment being given is, in relation to a judgment that is a decree or order, a reference to the decree or order being made.\n  (3) A reference in this Act to proceedings in which multiple damages may be awarded is a reference to proceedings in which judgment may be given for an amount calculated by doubling, trebling or otherwise multiplying the amount assessed by the court as the amount that would compensate the person who instituted the proceedings for the loss or damage in respect of which the proceedings were instituted, and a reference in this Act to a judgment for multiple damages is a reference to a judgment for an amount that is so calculated.\n  (4) For the purposes of this Act, the question whether a corporation is related to another corporation shall be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act 2001.\n\n## Part II—Foreign proceedings\n\n### Division 1—Interpretation and Application\n\n#### 4 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> antitrust proceedings to which this Part applies means:\n\n    (a) proceedings instituted in or before a foreign court that are:\n    (i) proceedings instituted under an antitrust law; or\n    (ii) proceedings for contribution instituted by a person who was a defendant in substantive proceedings that were instituted under an antitrust law;\n    where those proceedings constitute proceedings to which this Part applies; or\n    (b) action taken under an antitrust law or in relation to proceedings that have been, or may be, instituted under an antitrust law, where that action constitutes proceedings to which this Part applies.\n\n> prescribed proceedings, in relation to a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country, means proceedings:\n\n    (a) in respect of which, under any law that is applicable in relation to those proceedings, the court would be empowered to assume jurisdiction if, in the proceedings, an adverse effect, or an adverse effect of a particular kind, on the foreign commerce of that other country were to be alleged, whether or not the conduct in respect of which the proceedings are instituted is alleged to have taken place in that country; and\n    (b) in which, under any law that is applicable in relation to those proceedings, multiple damages may be awarded.\n\n> proceedings to which this Part applies means any proceedings or other action to which this Part applies by virtue of section 5.\n\n> substantive proceedings means proceedings to which this Part applies by virtue of paragraph 5(a).\n\n  (2) For the purposes of this Part, where, in proceedings instituted in or before a foreign court, a person makes a cross‑claim, counter‑claim, third‑party claim, or similar claim, for contribution, the person shall be taken to have instituted proceedings in or before that court for contribution.\n\n#### 5 Application of Part\n\n  This Part applies in relation to:\n    (a) any proceedings instituted in or before a foreign court, being proceedings that:\n    (i) relate to or affect trade or commerce with other countries or among the States;\n    (ii) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned;\n    (v) constitute an external affair; or\n    (vi) are connected with proceedings that constitute an external affair;\n    (b) any action taken by a foreign authority in connection with, or for the purposes of, substantive proceedings or any action taken by a foreign authority that is ancillary to substantive proceedings;\n    (c) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of:\n    (i) the making of a decision whether substantive proceedings should be instituted; or\n    (ii) the institution, or the proposed institution, of substantive proceedings; and\n    (d) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of, the enforcement of any judgment given in substantive proceedings, including any proceedings for contribution instituted in or before a foreign court by a person who was a defendant in substantive proceedings.\n\n### Division 2—Prohibition of the giving of certain evidence in foreign courts or to foreign authorities\n\n#### 6 Exercise of powers under this Part\n\n  (1) The power of the Attorney‑General to make an order under section 7 may only be exercised in relation to proceedings to which this Part applies.\n  (2) The Attorney‑General shall not exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies except as provided by subsection (3), (4) or (5).\n  (3) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies, being an order prohibiting the doing of an act or thing, if he or she is satisfied that the making of the order is desirable for the protection of the national interest.\n  (4) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies that are constituted by proceedings instituted in or before a foreign court if he or she is satisfied that the assumption of jurisdiction by the foreign court, or the manner of exercise of jurisdiction by the foreign court, is contrary to international law or is inconsistent with international comity or international practice.\n  (5) The Attorney‑General may exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies that are constituted by action taken by a foreign authority if he or she is satisfied that the taking of that action, or the manner of taking that action, is contrary to international law or is inconsistent with international comity or international practice.\n\n#### 7 Orders\n\n  (1) The Attorney‑General may, by legislative instrument, make an order prohibiting any one or more of the following acts or things:\n    (a) the production in a foreign court, or to or for the purposes of a foreign authority, of a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (b) the doing of any act in Australia, in relation to a document that, at the time of the making of the order or at any time while the order is in force, is in Australia:\n    (i) with the intention that the act will result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority; or\n    (ii) where there is reason to believe that the act will, or is likely to, result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority;\n    (c) the giving by a person, at a time when he or she is an Australian citizen or a resident of Australia, of evidence or information in a foreign court or to a foreign authority in relation to, or in relation to the contents of, a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (d) the production of a document in a court in, or to an authority of, Australia, or the giving of evidence or information, whether in relation to the contents of a document or otherwise, in a court in, or to an authority of, Australia, for the purposes of proceedings in a foreign court.\n  (2) An order under this section may:\n    (a) be directed to a particular person, to persons included in a class of persons or to persons generally;\n    (b) relate to a particular foreign court or foreign authority, to courts included in a class of foreign courts or authorities included in a class of foreign authorities or to foreign courts or foreign authorities generally; and\n    (c) relate to a particular document or to documents included in a class of documents.\n  (3) Where the Attorney‑General makes an order under subsection (1) that has effect in relation to a document, the order also has effect in relation to any copy of that document that, at the time of the making of the order or at any time while the order remains in force, is in Australia, whether the copy was made before or after the making of the order, as if the copy were the document.\n  (4) Where the Attorney‑General, being satisfied of the matters mentioned in subsection 6(3), (4) or (5), makes an order under subsection (1) prohibiting the doing of a specified act or thing, the Attorney‑General may:\n    (a) provide, in the order, that the doing of that act or thing is not prohibited in specified circumstances; or\n    (b) consent in writing to the doing of that act or thing;\n  and, where the Attorney‑General has consented as mentioned in paragraph (b) to the doing of an act or thing, a person shall not be taken to have contravened the order by reason that he or she has done that act or thing.\n\n#### 8 Injunctions\n\n  (1) In this section, Court means:\n    (a) the High Court; or\n    (b) the Federal Court of Australia.\n  (2) Where:\n    (a) there is in force an order made by the Attorney‑General under section 7 that prohibits the doing of a specified act or thing in relation to a specified document, or in relation to documents included in a specified class of documents; and\n    (b) the Court is satisfied, on application by the Attorney‑General, that there are reasonable grounds for believing that the person having possession or control of the specified document or of a document included in the specified class of documents, as the case may be, might contravene the order referred to in paragraph (a);\n  the Court may grant an injunction restraining that person from dealing with that document in a manner specified in the injunction, or restraining that person from dealing with that document except in a manner specified in the injunction.\n  (3) Where in the opinion of the Court it is appropriate to do so, the Court may, instead of granting an injunction under subsection (2) in relation to the manner in which a person may deal with a document, accept from the person an undertaking in relation to the manner in which that person will deal with the document, but the acceptance by the Court of an undertaking in relation to the manner in which a person will deal with a document does not prevent the Court from subsequently granting an injunction under subsection (2) in relation to the manner in which that person may deal with that document.\n  (4) The Attorney‑General shall not make an application for the purposes of this section to the Federal Court of Australia in relation to any matter that has been the subject of proceedings in the High Court.\n\n### Division 3—Enforceability of judgments given in foreign antitrust proceedings\n\n#### 9 Enforceability of judgments given in foreign antitrust proceedings\n\n  (1) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment; and\n    (b) the Attorney‑General is satisfied that:\n    (i) the making of an instrument under this subsection in relation to the judgment is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by the foreign court, or the exercise of a power or the manner of exercise of a power by the foreign court, was contrary to international law or inconsistent with international comity or international practice;\n  the Attorney‑General may:\n    (c) in the case of any judgment—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment; or\n    (d) in the case of a judgment for a specified amount of money—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment, and specify in the instrument an amount of money, being an amount that is less than the amount of the judgment, for the purposes of paragraph (2)(b).\n  (2) While an instrument made by the Attorney‑General under subsection (1) in relation to a judgment is in force:\n    (a) where the Attorney‑General has not, in the instrument, specified an amount of money for the purposes of paragraph (b)—the judgment shall not be recognized and is not enforceable in Australia; or\n    (b) where the Attorney‑General has, in the instrument, specified an amount of money for the purposes of this paragraph—the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment, and not otherwise.\n  (3) Nothing in this section enables a judgment to be recognized or enforced in Australia if, apart from this Act, the judgment would not be able to be recognized or enforced in Australia.\n  (4) Where:\n    (a) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to a judgment, specifying an amount of money for the purposes of paragraph (2)(b); and\n    (b) by virtue of paragraph (2)(b), the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment;\n  any amounts recovered (whether before or after the making of the instrument) pursuant to the judgment in a country other than Australia shall, for the purposes of the recognition or enforcement of that judgment in Australia but for no other purposes, be taken to have been recovered pursuant to the judgment in Australia.\n  (5) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment against 2 or more defendants; and\n    (b) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to the judgment, specifying an amount of money for the purposes of paragraph (2)(b) (in this subsection referred to as the specified amount);\n  paragraph (2)(b) has effect, in relation to each defendant, as if the Attorney‑General had, in the instrument, specified for the purposes of paragraph (2)(b) an amount ascertained by dividing the specified amount by the number of defendants against whom the judgment was given.\n\n#### 10 Defendant in antitrust proceedings may recover against person who has enforced judgment\n\n  (1) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(c) in relation to a foreign judgment; and\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the amount mentioned in paragraph (b), the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to the amount recovered pursuant to the foreign judgment as mentioned in paragraph (b).\n  (2) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(d) in relation to a foreign judgment specifying an amount of money for the purposes of paragraph 9(2)(b) (in this subsection referred to as the recoverable amount);\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment (in this subsection referred to as the relevant amount );\n    (c) in a case where, before the recovery of the relevant amount, neither the plaintiff nor any other person had recovered any amount from the defendant pursuant to that foreign judgment in Australia or in any other country—the relevant amount exceeds the recoverable amount; and\n    (d) in a case to which paragraph (c) does not apply:\n    (i) the amount recovered, or the sum of the amounts recovered, (whether by the plaintiff or by any other person) from the defendant in Australia or in any other country or countries pursuant to that foreign judgment before the recovery of the relevant amount exceeds, or is equal to, the recoverable amount; or\n    (ii) subparagraph (i) does not apply but the sum of the relevant amount and the amount or amounts recovered as mentioned in that subparagraph exceeds the recoverable amount;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the relevant amount, the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to:\n    (e) where paragraph (c) applies—the amount by which the relevant amount exceeds the recoverable amount;\n    (f) where subparagraph (d)(i) applies—the relevant amount; or\n    (g) where subparagraph (d)(ii) applies—the amount by which the sum mentioned in that subparagraph exceeds the recoverable amount.\n  (3) Nothing in this section renders a person liable to pay an amount to a defendant in relation to a foreign judgment given by a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings in which the foreign judgment was given, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings in which the foreign judgment was given, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (4) Where a judgment in relation to which an instrument has been made under paragraph 9(1)(d) was given against 2 or more defendants, subsection (2) of this section has effect in relation to each of those defendants as if the references in that subsection to an amount specified in the instrument were references to the amount ascertained by dividing the amount specified in the instrument by the number of defendants against whom the judgment was given.\n  (5) Where a corporation that is the plaintiff in relation to a foreign judgment is, by virtue of this section, liable to pay an amount to the person who is the defendant in relation to that foreign judgment, any corporation that is related to that first‑mentioned corporation is jointly and severally liable with that first‑mentioned corporation to pay that amount to that person.\n  (6) A reference in this section to a person other than the plaintiff recovering an amount pursuant to a foreign judgment is a reference to any person recovering any amount pursuant to the foreign judgment, whether as the successor to the plaintiff, as an assignee of the rights of the plaintiff under the judgment or otherwise.\n  (7) A proceeding in respect of a cause of action arising under this section shall not be commenced after the expiration of the period of 3 years commencing on the date on which the cause of action arises.\n  (8) For the purposes of subsection (7), a cause of action under this section in respect of the recovery of an amount pursuant to a foreign judgment in relation to which an instrument has been made under section 9 shall, where the amount was recovered pursuant to the foreign judgment before the making of the instrument, be taken to have arisen when the instrument comes into force for the purposes of this section.\n  (9) In this section:\n\n> defendant in relation to a foreign judgment, means a person against whom the foreign judgment was given;\n\n> foreign judgment means a judgment for multiple damages given by a foreign court in antitrust proceedings to which this Part applies, or any other judgment given by a foreign court in antitrust proceedings to which this Part applies;\n\n> plaintiff, in relation to a foreign judgment, means the person or persons in whose favour the foreign judgment was given.\n\n#### 10A Declarations under section 9—coming into force\n\n  (1) An instrument under subsection 9(1) comes into force for the purposes of section 10 on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: See subsection 10(8).\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the instrument under subsection 9(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.\n  (3) To avoid doubt, subsections (1) and (2) do not affect the operation of subsection 12(1) of the Legislation Act 2003 in relation to the coming into force of the instrument under subsection 9(1) of this Act for any other purpose.\n\n> Note: Subsection 12(1) of the Legislation Act 2003 provides that a legislative instrument commences on the day it is registered under that Act, or otherwise as provided by the instrument.\n\n#### 11 Defendant may recover reasonable costs and expenses\n\n  (1) Subject to subsection (2), where:\n    (a) private proceedings, being antitrust proceedings to which this Part applies, are instituted in or before a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country;\n    (b) the private proceedings are prescribed proceedings;\n    (c) under any law that is applicable in relation to those proceedings, only the plaintiff is entitled to recover any amount in respect of his or her costs in the proceedings; and\n    (d) the Attorney‑General is satisfied that:\n    (i) the making of an order under this section in relation to those proceedings is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by that court, or the exercise of a power or the manner of exercise of a power by that court, in those proceedings was contrary to international law or inconsistent with international comity or international practice;\n    the Attorney‑General may make an order that the plaintiff in those proceedings is liable or, if the plaintiff is a corporation, the plaintiff and any related corporation are jointly and severally liable, to pay to a defendant in the proceedings an amount equal to the reasonable costs of, and expenses incidental to, the proceedings (in this section referred to as recoverable costs and expenses), being costs and expenses incurred by the defendant and including, without limiting the generality of the foregoing, any costs or expenses associated with obtaining legal advice in connection with, or legal representation in or in connection with, the proceedings, and that order has effect accordingly.\n  (2) Nothing in this section renders a person liable to pay an amount to a defendant in proceedings instituted in or before a court of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (3) Proceedings in respect of a cause of action arising under this section (in this subsection referred to as costs proceedings) in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted, notwithstanding that the foreign proceedings are still pending, in respect of recoverable costs and expenses that have been incurred by a defendant in the foreign proceedings at any time before he or she institutes the costs proceedings (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection), and the institution of costs proceedings under this section in relation to foreign proceedings that are still pending does not prevent the defendant from instituting costs proceedings, after judgment has been given in the foreign proceedings or the foreign proceedings have been discontinued or otherwise terminated, in respect of recoverable costs and expenses (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection).\n  (4) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted by a defendant in the foreign proceedings notwithstanding that judgment has been given in favour of the plaintiff in the foreign proceedings.\n  (5) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) shall not be commenced after the expiration of the period of 3 years commencing on the date on which judgment is given in the foreign proceedings, or the foreign proceedings are discontinued or otherwise terminated.\n\n#### 12 Enforcement of judgments under reciprocal agreement\n\n  (1) Where:\n    (a) an agreement is in force between Australia and another country that makes provision for the enforcement in that other country of judgments obtained in proceedings in respect of certain causes of action arising under section 10, or in respect of all causes of action arising under that section, and also:\n    (i) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to judgments for multiple damages within the meaning of subsection 3(3), whether or not that last‑mentioned provision corresponds to section 10; or\n    (ii) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country that corresponds to section 10; and\n    (b) a person has obtained a judgment in a proceeding instituted under a provision of the law of that other country referred to in subparagraph (a)(i) or (ii);\n  the Attorney‑General may, by legislative instrument, make an order declaring that the judgment referred to in paragraph (b), to the extent that it has not been satisfied when the order is made, may be enforced in Australia.\n  (2) Where an order made under subsection (1) in relation to a judgment is in force, the judgment creditor may apply to the Court, at any time within 3 years after the date of the making of the order, to have the judgment registered in the Court.\n  (3) Subject to subsection (4) and to the regulations, the Court shall, on an application under subsection (2) for the registration of a judgment, order the judgment to be registered.\n  (4) A judgment shall not be registered under this section if, at the date of the application for registration of the judgment, the judgment has been wholly satisfied.\n  (5) If, at the date of the application for registration of a judgment under this section, the judgment has been partly satisfied, the judgment shall not be registered in respect of the whole amount payable under the judgment but shall be registered only in respect of the balance remaining payable at that date.\n  (6) Where a judgment is registered under this section, in addition to the amount payable under the judgment, the judgment shall be registered for the reasonable costs of and incidental to registration, including costs of obtaining a certified copy of the judgment from the court in which it was obtained.\n  (7) Subject to subsection (8) and any order of the Court made for the purposes of subsection (11):\n    (a) a judgment registered under this section is, for the purposes of execution, of the same force and effect;\n    (b) proceedings may be taken on such a judgment; and\n    (c) the sum for which such a judgment is registered carries interest;\n  as if the judgment were a final judgment originally given in the Court and entered on the date of registration.\n  (8) Execution shall not issue on a judgment registered under this section so long as, under this section and any Rules of Court, it is competent for any person to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.\n  (9) On an application in that behalf duly made to the Court by a person against whom a judgment registered under this section may be enforced, the registration of the judgment shall be set aside if the Court is satisfied that the judgment:\n    (a) is not a judgment in respect of which an order made under subsection (1) is in force;\n    (b) was registered in contravention of this section;\n    (c) has been reversed on appeal or otherwise set aside in the country in which the judgment was obtained; or\n    (d) has, since registration, been wholly satisfied in Australia or in any other country.\n  (9A) The power of the Federal Court of Australia to make Rules of Court extends to making rules in relation to:\n    (a) the fixing of a period within which an application may be made to have the registration of a judgment set aside; and\n    (b) the extension of such a period.\n  (10) If, on an application under subsection (9) in relation to a judgment, the judgment is found to have been partly satisfied in Australia or any other country, the amount for which it is registered in the Court shall be reduced by the amount by which it has been partially satisfied.\n  (11) If, on an application under subsection (9), the Court is satisfied either that an appeal is pending, or that a person is entitled and intends to appeal, against the judgment in the country in which it was obtained, the Court, if it thinks fit, may, on such terms as it thinks just, including terms relating to the suspension of the execution of the judgment, adjourn the application until after the expiration of such period as appears to the Court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the relevant tribunal.\n  (12) Where an application under subsection (9) has been adjourned under subsection (11), the Court shall, on the expiration of the period of adjournment, deal with the application.\n  (13) For the purposes of this section, the amount payable under a judgment in a proceeding instituted under a provision of the law of a country other than Australia shall be taken to include any interest that by the law of that country becomes due on the judgment up to the time of the registration of the judgment under this section.\n  (14) In this section, judgment creditor, in relation to a judgment, means the person or persons in whose favour the judgment was given and includes the person or persons in whom the rights under the judgment have become vested by succession, assignment or otherwise.\n\n#### 12A Declarations under section 12—coming into force\n\n  (1) Despite subsection 12(1) of the Legislation Act 2003, an order under subsection 12(1) of this Act comes into force on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: Subsection 12(1) of the Legislation Act 2003 deals with the commencement of legislative instruments.\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the order under subsection 12(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.\n\n## Part III—Actions and decisions of foreign governments affecting Australia\n\n#### 13 Attorney‑General may make orders relating to actions or decisions\n\n  (1) Where:\n    (a) under a law of a country other than Australia, being a law that regulates or controls the trade or commerce of that country with another country or other countries, or trade or commerce among other countries, action has been or is proposed to be taken, or a decision has been or is proposed to be made, by or on behalf of the government of that first‑mentioned country or by or on behalf of an agency or instrumentality, whether corporate or unincorporated, of that government;\n    (b) the action or decision imposes, or would impose, on:\n    (i) a natural person who is an Australian citizen or a resident of Australia; or\n    (ii) a corporation that is incorporated or carries on business in Australia;\n    an obligation of any kind (including an obligation to refrain from doing any act or thing), being an obligation that could be, or must be, performed in Australia; and\n    (c) that action or decision, or the performance of any obligation imposed by that action or decision:\n    (i) relates to or affects, or would relate to or affect, trade or commerce with other countries or among the States;\n    (ii) relates to or affects, or would relate to or affect, the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relates to or affects, or would relate to or affect, banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relates to or affects, or would relate to or affect, insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (v) constitutes, or would constitute, an external affair;\n  the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the obligation is desirable for the protection of the national interest, by legislative instrument, make an order that prohibits the performance of that obligation in Australia by the person or corporation referred to in paragraph (b).\n  (2) An order made under subsection (1) may prohibit the performance of an obligation:\n    (a) absolutely;\n    (b) in such cases as are specified in the order; or\n    (c) subject to such conditions as to consent or as to other matters as are specified in the order.\n\n## Part IV—Prohibition on giving effect to certain foreign judgments\n\n#### 14 Attorney‑General may prohibit compliance with foreign judgments etc.\n\n  (1) A reference in this section to a relevant judgment is a reference to a judgment (including an injunction) that, whether expressly or by necessary implication:\n    (a) requires an act or thing to be done in Australia;\n    (b) prohibits the doing of an act or thing in Australia; or\n    (c) requires a person to refrain from conduct in Australia;\n  where the doing of the act or thing, the refraining from doing the act or thing or the refraining from conduct, as the case may be, would:\n    (d) relate to or affect trade or commerce with other countries or among the States;\n    (e) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (f) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (g) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (h) constitute an external affair;\n  but does not include a reference to a judgment to the extent (if any) that the judgment expressly requires the payment of an amount of money.\n  (2) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the relevant judgment is desirable for the protection of the national interest, by legislative instrument, make an order prohibiting the person from complying with the relevant judgment in Australia.\n  (3) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that compliance in Australia by any other person with an order, requirement, request, direction or instruction that has been or may be made or given, by or on behalf of that first‑mentioned person:\n    (a) in accordance with the relevant judgment; or\n    (b) for the purpose of enabling that first‑mentioned person to comply with the relevant judgment;\n  would or might be detrimental to the national interest, by legislative instrument, make an order prohibiting compliance in Australia with any such order, requirement, request, direction or instruction that has been or may be made or given.\n  (4) An order under subsection (3) may be directed to a particular person, to persons included in a class of persons or to persons generally.\n  (5) Where the Attorney‑General makes an order under subsection (2) prohibiting compliance with a relevant judgment or an order under subsection (3) prohibiting compliance with an order, requirement, request, direction or instruction, the Attorney‑General may provide, in the order, that the relevant judgment or the order, requirement, request, direction or instruction, as the case may be, may be complied with in specified circumstances, and the circumstances that may be specified include the circumstance that the Attorney‑General has consented to that compliance.\n\n## Part V—Miscellaneous\n\n#### 16 Jurisdiction of Federal Court\n\n  (1) Jurisdiction is conferred on the High Court with respect to matters arising under section 8.\n  (2) Jurisdiction is conferred on the Court with respect to matters arising under sections 8, 10, 11, 12 and 18, and, subject to subsection (1), that jurisdiction is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.\n\n#### 17 Service of notice of orders\n\n  Where the Attorney‑General makes an order under this Act that is directed to a particular person, the Attorney‑General shall:\n    (a) except in a case to which paragraph (b) applies, cause to be sent to the person by registered post addressed to the person:\n    (i) in the case of a natural person—at his or her last known address in Australia; or\n    (ii) in the case of a body corporate—at the registered office of the body corporate, or the principal place of business of the body corporate, in Australia;\n    a copy of the order; or\n    (b) if the person, being a natural person, does not have an address in Australia, or being a body corporate, does not have a registered office or principal place of business in Australia, cause such steps to be taken as are, in the opinion of the Attorney‑General, reasonable and practicable, to bring to the attention of the person the content of the order.\n\n#### 18 Offences\n\n  (1) A person who contravenes an order by the Attorney‑General in force under section 7, 13 or 14 that is applicable to him or her commits an offence punishable, on conviction:\n    (a) in the case of a person who is a natural person—by imprisonment for a period not exceeding 12 months or a fine not exceeding 500 penalty units, or both; or\n    (b) in the case of a person that is a corporation—by a fine not exceeding 2,500 penalty units.\n  (2) An offence referred to in subsection (1) is not an indictable offence and is punishable on summary conviction.\n  (3) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(2) prohibiting compliance with a judgment if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the judgment concerned.\n  (4) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(3) prohibiting compliance with an order, requirement, request, direction or instruction if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the order, requirement, request, direction or instruction concerned.\n\n#### 19 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and in particular:\n    (c) making provision for and in relation to the service and execution of process of the Court in proceedings instituted under section 10 or 11 or in proceedings for the registration of judgments under section 12, including the manner in which and the extent to which the process of the Court, or notice of any such process, may be served out of the jurisdiction of the Court;\n    (d) making provision for and in relation to the proof by affidavit or otherwise of any matter relating to the registration of judgments under section 12;\n    (e) making provision for and in relation to the enforcement and execution of judgments of the Court given in proceedings instituted under this Act or of judgments registered under section 12; and\n    (f) making provision for and in relation to the determination of the rate of exchange applicable where, for the purposes of the application of this Act, it is necessary to express in Australian currency an amount of foreign currency.\n  (2) Subsection 12(2) of the Legislation Act 2003 does not apply to regulations prescribing an authority for the purposes of the definition of foreign court in subsection 3(1) of this Act.\n\n> Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments (such as regulations).\n\n#### 20 Repeal etc.\n\n  (1) The following Acts are repealed:\n  Foreign Proceedings (Prohibition of Certain Evidence) Act 1976\n  Foreign Proceedings (Prohibition of Certain Evidence) Amendment Act 1976\n  Foreign Antitrust Judgments (Restriction of Enforcement) Act 1979.\n  (2) An order that:\n    (a) was made under section 5 of the Foreign Proceedings (Prohibition of Certain Evidence) Act 1976; and\n    (b) was in force immediately before the commencement of this Act;\n  has, from the commencement of this Act, such force and effect as it would have if it had been made under section 7 of this Act and had come into force at the commencement of this Act and:\n    (c) the provisions of this Act (other than sections 15 and 17) apply in relation to the order; and\n    (d) the order may be revoked or varied;\n  as if the order had been made under section 7 of this Act.","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Interpretation and Application","content":"An Act to make provision in relation to the evidence that may be given in certain foreign proceedings, to provide a right of action in Australia in respect of the enforcement outside Australia of certain foreign judgments, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Foreign Proceedings (Excess of Jurisdiction) Act 1984.\n\n#### 2 Extension to external Territories\n\n  This Act extends to the external Territories.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> antitrust law means any law of a kind commonly known as an antitrust law and includes any law having as its purpose, or as its dominant purpose, the preservation of competition between manufacturing, commercial or other business enterprises or the prevention or repression of monopolies or restrictive practices in trade or commerce.\n\n> Australia when used in a geographical sense, includes the external Territories.\n\n> authority includes:\n\n    (a) a court or a grand jury; and\n    (b) any officer, examiner, investigator or other person authorized:\n    (i) to take or receive evidence, whether on behalf of a court or otherwise; or\n    (ii) to require the answering of questions or the production of documents.\n\n> Court means the Federal Court of Australia.\n\n> foreign authority means an authority of a country other than Australia.\n\n> foreign court means any court, or prescribed authority, of a country other than Australia or a part of such a country.\n\n> judgment includes a decree or order.\n\n  (2) A reference in this Act to a judgment being given is, in relation to a judgment that is a decree or order, a reference to the decree or order being made.\n  (3) A reference in this Act to proceedings in which multiple damages may be awarded is a reference to proceedings in which judgment may be given for an amount calculated by doubling, trebling or otherwise multiplying the amount assessed by the court as the amount that would compensate the person who instituted the proceedings for the loss or damage in respect of which the proceedings were instituted, and a reference in this Act to a judgment for multiple damages is a reference to a judgment for an amount that is so calculated.\n  (4) For the purposes of this Act, the question whether a corporation is related to another corporation shall be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act 2001.\n\n## Part II—Foreign proceedings\n\n### Division 1—Interpretation and Application\n\n#### 4 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> antitrust proceedings to which this Part applies means:\n\n    (a) proceedings instituted in or before a foreign court that are:\n    (i) proceedings instituted under an antitrust law; or\n    (ii) proceedings for contribution instituted by a person who was a defendant in substantive proceedings that were instituted under an antitrust law;\n    where those proceedings constitute proceedings to which this Part applies; or\n    (b) action taken under an antitrust law or in relation to proceedings that have been, or may be, instituted under an antitrust law, where that action constitutes proceedings to which this Part applies.\n\n> prescribed proceedings, in relation to a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country, means proceedings:\n\n    (a) in respect of which, under any law that is applicable in relation to those proceedings, the court would be empowered to assume jurisdiction if, in the proceedings, an adverse effect, or an adverse effect of a particular kind, on the foreign commerce of that other country were to be alleged, whether or not the conduct in respect of which the proceedings are instituted is alleged to have taken place in that country; and\n    (b) in which, under any law that is applicable in relation to those proceedings, multiple damages may be awarded.\n\n> proceedings to which this Part applies means any proceedings or other action to which this Part applies by virtue of section 5.\n\n> substantive proceedings means proceedings to which this Part applies by virtue of paragraph 5(a).\n\n  (2) For the purposes of this Part, where, in proceedings instituted in or before a foreign court, a person makes a cross‑claim, counter‑claim, third‑party claim, or similar claim, for contribution, the person shall be taken to have instituted proceedings in or before that court for contribution.\n\n#### 5 Application of Part\n\n  This Part applies in relation to:\n    (a) any proceedings instituted in or before a foreign court, being proceedings that:\n    (i) relate to or affect trade or commerce with other countries or among the States;\n    (ii) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned;\n    (v) constitute an external affair; or\n    (vi) are connected with proceedings that constitute an external affair;\n    (b) any action taken by a foreign authority in connection with, or for the purposes of, substantive proceedings or any action taken by a foreign authority that is ancillary to substantive proceedings;\n    (c) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of:\n    (i) the making of a decision whether substantive proceedings should be instituted; or\n    (ii) the institution, or the proposed institution, of substantive proceedings; and\n    (d) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of, the enforcement of any judgment given in substantive proceedings, including any proceedings for contribution instituted in or before a foreign court by a person who was a defendant in substantive proceedings.\n\n### Division 2—Prohibition of the giving of certain evidence in foreign courts or to foreign authorities\n\n#### 6 Exercise of powers under this Part\n\n  (1) The power of the Attorney‑General to make an order under section 7 may only be exercised in relation to proceedings to which this Part applies.\n  (2) The Attorney‑General shall not exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies except as provided by subsection (3), (4) or (5).\n  (3) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies, being an order prohibiting the doing of an act or thing, if he or she is satisfied that the making of the order is desirable for the protection of the national interest.\n  (4) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies that are constituted by proceedings instituted in or before a foreign court if he or she is satisfied that the assumption of jurisdiction by the foreign court, or the manner of exercise of jurisdiction by the foreign court, is contrary to international law or is inconsistent with international comity or international practice.\n  (5) The Attorney‑General may exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies that are constituted by action taken by a foreign authority if he or she is satisfied that the taking of that action, or the manner of taking that action, is contrary to international law or is inconsistent with international comity or international practice.\n\n#### 7 Orders\n\n  (1) The Attorney‑General may, by legislative instrument, make an order prohibiting any one or more of the following acts or things:\n    (a) the production in a foreign court, or to or for the purposes of a foreign authority, of a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (b) the doing of any act in Australia, in relation to a document that, at the time of the making of the order or at any time while the order is in force, is in Australia:\n    (i) with the intention that the act will result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority; or\n    (ii) where there is reason to believe that the act will, or is likely to, result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority;\n    (c) the giving by a person, at a time when he or she is an Australian citizen or a resident of Australia, of evidence or information in a foreign court or to a foreign authority in relation to, or in relation to the contents of, a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (d) the production of a document in a court in, or to an authority of, Australia, or the giving of evidence or information, whether in relation to the contents of a document or otherwise, in a court in, or to an authority of, Australia, for the purposes of proceedings in a foreign court.\n  (2) An order under this section may:\n    (a) be directed to a particular person, to persons included in a class of persons or to persons generally;\n    (b) relate to a particular foreign court or foreign authority, to courts included in a class of foreign courts or authorities included in a class of foreign authorities or to foreign courts or foreign authorities generally; and\n    (c) relate to a particular document or to documents included in a class of documents.\n  (3) Where the Attorney‑General makes an order under subsection (1) that has effect in relation to a document, the order also has effect in relation to any copy of that document that, at the time of the making of the order or at any time while the order remains in force, is in Australia, whether the copy was made before or after the making of the order, as if the copy were the document.\n  (4) Where the Attorney‑General, being satisfied of the matters mentioned in subsection 6(3), (4) or (5), makes an order under subsection (1) prohibiting the doing of a specified act or thing, the Attorney‑General may:\n    (a) provide, in the order, that the doing of that act or thing is not prohibited in specified circumstances; or\n    (b) consent in writing to the doing of that act or thing;\n  and, where the Attorney‑General has consented as mentioned in paragraph (b) to the doing of an act or thing, a person shall not be taken to have contravened the order by reason that he or she has done that act or thing.\n\n#### 8 Injunctions\n\n  (1) In this section, Court means:\n    (a) the High Court; or\n    (b) the Federal Court of Australia.\n  (2) Where:\n    (a) there is in force an order made by the Attorney‑General under section 7 that prohibits the doing of a specified act or thing in relation to a specified document, or in relation to documents included in a specified class of documents; and\n    (b) the Court is satisfied, on application by the Attorney‑General, that there are reasonable grounds for believing that the person having possession or control of the specified document or of a document included in the specified class of documents, as the case may be, might contravene the order referred to in paragraph (a);\n  the Court may grant an injunction restraining that person from dealing with that document in a manner specified in the injunction, or restraining that person from dealing with that document except in a manner specified in the injunction.\n  (3) Where in the opinion of the Court it is appropriate to do so, the Court may, instead of granting an injunction under subsection (2) in relation to the manner in which a person may deal with a document, accept from the person an undertaking in relation to the manner in which that person will deal with the document, but the acceptance by the Court of an undertaking in relation to the manner in which a person will deal with a document does not prevent the Court from subsequently granting an injunction under subsection (2) in relation to the manner in which that person may deal with that document.\n  (4) The Attorney‑General shall not make an application for the purposes of this section to the Federal Court of Australia in relation to any matter that has been the subject of proceedings in the High Court.\n\n### Division 3—Enforceability of judgments given in foreign antitrust proceedings\n\n#### 9 Enforceability of judgments given in foreign antitrust proceedings\n\n  (1) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment; and\n    (b) the Attorney‑General is satisfied that:\n    (i) the making of an instrument under this subsection in relation to the judgment is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by the foreign court, or the exercise of a power or the manner of exercise of a power by the foreign court, was contrary to international law or inconsistent with international comity or international practice;\n  the Attorney‑General may:\n    (c) in the case of any judgment—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment; or\n    (d) in the case of a judgment for a specified amount of money—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment, and specify in the instrument an amount of money, being an amount that is less than the amount of the judgment, for the purposes of paragraph (2)(b).\n  (2) While an instrument made by the Attorney‑General under subsection (1) in relation to a judgment is in force:\n    (a) where the Attorney‑General has not, in the instrument, specified an amount of money for the purposes of paragraph (b)—the judgment shall not be recognized and is not enforceable in Australia; or\n    (b) where the Attorney‑General has, in the instrument, specified an amount of money for the purposes of this paragraph—the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment, and not otherwise.\n  (3) Nothing in this section enables a judgment to be recognized or enforced in Australia if, apart from this Act, the judgment would not be able to be recognized or enforced in Australia.\n  (4) Where:\n    (a) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to a judgment, specifying an amount of money for the purposes of paragraph (2)(b); and\n    (b) by virtue of paragraph (2)(b), the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment;\n  any amounts recovered (whether before or after the making of the instrument) pursuant to the judgment in a country other than Australia shall, for the purposes of the recognition or enforcement of that judgment in Australia but for no other purposes, be taken to have been recovered pursuant to the judgment in Australia.\n  (5) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment against 2 or more defendants; and\n    (b) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to the judgment, specifying an amount of money for the purposes of paragraph (2)(b) (in this subsection referred to as the specified amount);\n  paragraph (2)(b) has effect, in relation to each defendant, as if the Attorney‑General had, in the instrument, specified for the purposes of paragraph (2)(b) an amount ascertained by dividing the specified amount by the number of defendants against whom the judgment was given.\n\n#### 10 Defendant in antitrust proceedings may recover against person who has enforced judgment\n\n  (1) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(c) in relation to a foreign judgment; and\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the amount mentioned in paragraph (b), the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to the amount recovered pursuant to the foreign judgment as mentioned in paragraph (b).\n  (2) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(d) in relation to a foreign judgment specifying an amount of money for the purposes of paragraph 9(2)(b) (in this subsection referred to as the recoverable amount);\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment (in this subsection referred to as the relevant amount );\n    (c) in a case where, before the recovery of the relevant amount, neither the plaintiff nor any other person had recovered any amount from the defendant pursuant to that foreign judgment in Australia or in any other country—the relevant amount exceeds the recoverable amount; and\n    (d) in a case to which paragraph (c) does not apply:\n    (i) the amount recovered, or the sum of the amounts recovered, (whether by the plaintiff or by any other person) from the defendant in Australia or in any other country or countries pursuant to that foreign judgment before the recovery of the relevant amount exceeds, or is equal to, the recoverable amount; or\n    (ii) subparagraph (i) does not apply but the sum of the relevant amount and the amount or amounts recovered as mentioned in that subparagraph exceeds the recoverable amount;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the relevant amount, the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to:\n    (e) where paragraph (c) applies—the amount by which the relevant amount exceeds the recoverable amount;\n    (f) where subparagraph (d)(i) applies—the relevant amount; or\n    (g) where subparagraph (d)(ii) applies—the amount by which the sum mentioned in that subparagraph exceeds the recoverable amount.\n  (3) Nothing in this section renders a person liable to pay an amount to a defendant in relation to a foreign judgment given by a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings in which the foreign judgment was given, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings in which the foreign judgment was given, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (4) Where a judgment in relation to which an instrument has been made under paragraph 9(1)(d) was given against 2 or more defendants, subsection (2) of this section has effect in relation to each of those defendants as if the references in that subsection to an amount specified in the instrument were references to the amount ascertained by dividing the amount specified in the instrument by the number of defendants against whom the judgment was given.\n  (5) Where a corporation that is the plaintiff in relation to a foreign judgment is, by virtue of this section, liable to pay an amount to the person who is the defendant in relation to that foreign judgment, any corporation that is related to that first‑mentioned corporation is jointly and severally liable with that first‑mentioned corporation to pay that amount to that person.\n  (6) A reference in this section to a person other than the plaintiff recovering an amount pursuant to a foreign judgment is a reference to any person recovering any amount pursuant to the foreign judgment, whether as the successor to the plaintiff, as an assignee of the rights of the plaintiff under the judgment or otherwise.\n  (7) A proceeding in respect of a cause of action arising under this section shall not be commenced after the expiration of the period of 3 years commencing on the date on which the cause of action arises.\n  (8) For the purposes of subsection (7), a cause of action under this section in respect of the recovery of an amount pursuant to a foreign judgment in relation to which an instrument has been made under section 9 shall, where the amount was recovered pursuant to the foreign judgment before the making of the instrument, be taken to have arisen when the instrument comes into force for the purposes of this section.\n  (9) In this section:\n\n> defendant in relation to a foreign judgment, means a person against whom the foreign judgment was given;\n\n> foreign judgment means a judgment for multiple damages given by a foreign court in antitrust proceedings to which this Part applies, or any other judgment given by a foreign court in antitrust proceedings to which this Part applies;\n\n> plaintiff, in relation to a foreign judgment, means the person or persons in whose favour the foreign judgment was given.\n\n#### 10A Declarations under section 9—coming into force\n\n  (1) An instrument under subsection 9(1) comes into force for the purposes of section 10 on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: See subsection 10(8).\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the instrument under subsection 9(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.\n  (3) To avoid doubt, subsections (1) and (2) do not affect the operation of subsection 12(1) of the Legislation Act 2003 in relation to the coming into force of the instrument under subsection 9(1) of this Act for any other purpose.\n\n> Note: Subsection 12(1) of the Legislation Act 2003 provides that a legislative instrument commences on the day it is registered under that Act, or otherwise as provided by the instrument.\n\n#### 11 Defendant may recover reasonable costs and expenses\n\n  (1) Subject to subsection (2), where:\n    (a) private proceedings, being antitrust proceedings to which this Part applies, are instituted in or before a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country;\n    (b) the private proceedings are prescribed proceedings;\n    (c) under any law that is applicable in relation to those proceedings, only the plaintiff is entitled to recover any amount in respect of his or her costs in the proceedings; and\n    (d) the Attorney‑General is satisfied that:\n    (i) the making of an order under this section in relation to those proceedings is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by that court, or the exercise of a power or the manner of exercise of a power by that court, in those proceedings was contrary to international law or inconsistent with international comity or international practice;\n    the Attorney‑General may make an order that the plaintiff in those proceedings is liable or, if the plaintiff is a corporation, the plaintiff and any related corporation are jointly and severally liable, to pay to a defendant in the proceedings an amount equal to the reasonable costs of, and expenses incidental to, the proceedings (in this section referred to as recoverable costs and expenses), being costs and expenses incurred by the defendant and including, without limiting the generality of the foregoing, any costs or expenses associated with obtaining legal advice in connection with, or legal representation in or in connection with, the proceedings, and that order has effect accordingly.\n  (2) Nothing in this section renders a person liable to pay an amount to a defendant in proceedings instituted in or before a court of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (3) Proceedings in respect of a cause of action arising under this section (in this subsection referred to as costs proceedings) in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted, notwithstanding that the foreign proceedings are still pending, in respect of recoverable costs and expenses that have been incurred by a defendant in the foreign proceedings at any time before he or she institutes the costs proceedings (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection), and the institution of costs proceedings under this section in relation to foreign proceedings that are still pending does not prevent the defendant from instituting costs proceedings, after judgment has been given in the foreign proceedings or the foreign proceedings have been discontinued or otherwise terminated, in respect of recoverable costs and expenses (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection).\n  (4) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted by a defendant in the foreign proceedings notwithstanding that judgment has been given in favour of the plaintiff in the foreign proceedings.\n  (5) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) shall not be commenced after the expiration of the period of 3 years commencing on the date on which judgment is given in the foreign proceedings, or the foreign proceedings are discontinued or otherwise terminated.\n\n#### 12 Enforcement of judgments under reciprocal agreement\n\n  (1) Where:\n    (a) an agreement is in force between Australia and another country that makes provision for the enforcement in that other country of judgments obtained in proceedings in respect of certain causes of action arising under section 10, or in respect of all causes of action arising under that section, and also:\n    (i) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to judgments for multiple damages within the meaning of subsection 3(3), whether or not that last‑mentioned provision corresponds to section 10; or\n    (ii) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country that corresponds to section 10; and\n    (b) a person has obtained a judgment in a proceeding instituted under a provision of the law of that other country referred to in subparagraph (a)(i) or (ii);\n  the Attorney‑General may, by legislative instrument, make an order declaring that the judgment referred to in paragraph (b), to the extent that it has not been satisfied when the order is made, may be enforced in Australia.\n  (2) Where an order made under subsection (1) in relation to a judgment is in force, the judgment creditor may apply to the Court, at any time within 3 years after the date of the making of the order, to have the judgment registered in the Court.\n  (3) Subject to subsection (4) and to the regulations, the Court shall, on an application under subsection (2) for the registration of a judgment, order the judgment to be registered.\n  (4) A judgment shall not be registered under this section if, at the date of the application for registration of the judgment, the judgment has been wholly satisfied.\n  (5) If, at the date of the application for registration of a judgment under this section, the judgment has been partly satisfied, the judgment shall not be registered in respect of the whole amount payable under the judgment but shall be registered only in respect of the balance remaining payable at that date.\n  (6) Where a judgment is registered under this section, in addition to the amount payable under the judgment, the judgment shall be registered for the reasonable costs of and incidental to registration, including costs of obtaining a certified copy of the judgment from the court in which it was obtained.\n  (7) Subject to subsection (8) and any order of the Court made for the purposes of subsection (11):\n    (a) a judgment registered under this section is, for the purposes of execution, of the same force and effect;\n    (b) proceedings may be taken on such a judgment; and\n    (c) the sum for which such a judgment is registered carries interest;\n  as if the judgment were a final judgment originally given in the Court and entered on the date of registration.\n  (8) Execution shall not issue on a judgment registered under this section so long as, under this section and any Rules of Court, it is competent for any person to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.\n  (9) On an application in that behalf duly made to the Court by a person against whom a judgment registered under this section may be enforced, the registration of the judgment shall be set aside if the Court is satisfied that the judgment:\n    (a) is not a judgment in respect of which an order made under subsection (1) is in force;\n    (b) was registered in contravention of this section;\n    (c) has been reversed on appeal or otherwise set aside in the country in which the judgment was obtained; or\n    (d) has, since registration, been wholly satisfied in Australia or in any other country.\n  (9A) The power of the Federal Court of Australia to make Rules of Court extends to making rules in relation to:\n    (a) the fixing of a period within which an application may be made to have the registration of a judgment set aside; and\n    (b) the extension of such a period.\n  (10) If, on an application under subsection (9) in relation to a judgment, the judgment is found to have been partly satisfied in Australia or any other country, the amount for which it is registered in the Court shall be reduced by the amount by which it has been partially satisfied.\n  (11) If, on an application under subsection (9), the Court is satisfied either that an appeal is pending, or that a person is entitled and intends to appeal, against the judgment in the country in which it was obtained, the Court, if it thinks fit, may, on such terms as it thinks just, including terms relating to the suspension of the execution of the judgment, adjourn the application until after the expiration of such period as appears to the Court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the relevant tribunal.\n  (12) Where an application under subsection (9) has been adjourned under subsection (11), the Court shall, on the expiration of the period of adjournment, deal with the application.\n  (13) For the purposes of this section, the amount payable under a judgment in a proceeding instituted under a provision of the law of a country other than Australia shall be taken to include any interest that by the law of that country becomes due on the judgment up to the time of the registration of the judgment under this section.\n  (14) In this section, judgment creditor, in relation to a judgment, means the person or persons in whose favour the judgment was given and includes the person or persons in whom the rights under the judgment have become vested by succession, assignment or otherwise.\n\n#### 12A Declarations under section 12—coming into force\n\n  (1) Despite subsection 12(1) of the Legislation Act 2003, an order under subsection 12(1) of this Act comes into force on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: Subsection 12(1) of the Legislation Act 2003 deals with the commencement of legislative instruments.\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the order under subsection 12(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.\n\n## Part III—Actions and decisions of foreign governments affecting Australia\n\n#### 13 Attorney‑General may make orders relating to actions or decisions\n\n  (1) Where:\n    (a) under a law of a country other than Australia, being a law that regulates or controls the trade or commerce of that country with another country or other countries, or trade or commerce among other countries, action has been or is proposed to be taken, or a decision has been or is proposed to be made, by or on behalf of the government of that first‑mentioned country or by or on behalf of an agency or instrumentality, whether corporate or unincorporated, of that government;\n    (b) the action or decision imposes, or would impose, on:\n    (i) a natural person who is an Australian citizen or a resident of Australia; or\n    (ii) a corporation that is incorporated or carries on business in Australia;\n    an obligation of any kind (including an obligation to refrain from doing any act or thing), being an obligation that could be, or must be, performed in Australia; and\n    (c) that action or decision, or the performance of any obligation imposed by that action or decision:\n    (i) relates to or affects, or would relate to or affect, trade or commerce with other countries or among the States;\n    (ii) relates to or affects, or would relate to or affect, the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relates to or affects, or would relate to or affect, banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relates to or affects, or would relate to or affect, insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (v) constitutes, or would constitute, an external affair;\n  the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the obligation is desirable for the protection of the national interest, by legislative instrument, make an order that prohibits the performance of that obligation in Australia by the person or corporation referred to in paragraph (b).\n  (2) An order made under subsection (1) may prohibit the performance of an obligation:\n    (a) absolutely;\n    (b) in such cases as are specified in the order; or\n    (c) subject to such conditions as to consent or as to other matters as are specified in the order.\n\n## Part IV—Prohibition on giving effect to certain foreign judgments\n\n#### 14 Attorney‑General may prohibit compliance with foreign judgments etc.\n\n  (1) A reference in this section to a relevant judgment is a reference to a judgment (including an injunction) that, whether expressly or by necessary implication:\n    (a) requires an act or thing to be done in Australia;\n    (b) prohibits the doing of an act or thing in Australia; or\n    (c) requires a person to refrain from conduct in Australia;\n  where the doing of the act or thing, the refraining from doing the act or thing or the refraining from conduct, as the case may be, would:\n    (d) relate to or affect trade or commerce with other countries or among the States;\n    (e) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (f) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (g) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (h) constitute an external affair;\n  but does not include a reference to a judgment to the extent (if any) that the judgment expressly requires the payment of an amount of money.\n  (2) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the relevant judgment is desirable for the protection of the national interest, by legislative instrument, make an order prohibiting the person from complying with the relevant judgment in Australia.\n  (3) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that compliance in Australia by any other person with an order, requirement, request, direction or instruction that has been or may be made or given, by or on behalf of that first‑mentioned person:\n    (a) in accordance with the relevant judgment; or\n    (b) for the purpose of enabling that first‑mentioned person to comply with the relevant judgment;\n  would or might be detrimental to the national interest, by legislative instrument, make an order prohibiting compliance in Australia with any such order, requirement, request, direction or instruction that has been or may be made or given.\n  (4) An order under subsection (3) may be directed to a particular person, to persons included in a class of persons or to persons generally.\n  (5) Where the Attorney‑General makes an order under subsection (2) prohibiting compliance with a relevant judgment or an order under subsection (3) prohibiting compliance with an order, requirement, request, direction or instruction, the Attorney‑General may provide, in the order, that the relevant judgment or the order, requirement, request, direction or instruction, as the case may be, may be complied with in specified circumstances, and the circumstances that may be specified include the circumstance that the Attorney‑General has consented to that compliance.\n\n## Part V—Miscellaneous\n\n#### 16 Jurisdiction of Federal Court\n\n  (1) Jurisdiction is conferred on the High Court with respect to matters arising under section 8.\n  (2) Jurisdiction is conferred on the Court with respect to matters arising under sections 8, 10, 11, 12 and 18, and, subject to subsection (1), that jurisdiction is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.\n\n#### 17 Service of notice of orders\n\n  Where the Attorney‑General makes an order under this Act that is directed to a particular person, the Attorney‑General shall:\n    (a) except in a case to which paragraph (b) applies, cause to be sent to the person by registered post addressed to the person:\n    (i) in the case of a natural person—at his or her last known address in Australia; or\n    (ii) in the case of a body corporate—at the registered office of the body corporate, or the principal place of business of the body corporate, in Australia;\n    a copy of the order; or\n    (b) if the person, being a natural person, does not have an address in Australia, or being a body corporate, does not have a registered office or principal place of business in Australia, cause such steps to be taken as are, in the opinion of the Attorney‑General, reasonable and practicable, to bring to the attention of the person the content of the order.\n\n#### 18 Offences\n\n  (1) A person who contravenes an order by the Attorney‑General in force under section 7, 13 or 14 that is applicable to him or her commits an offence punishable, on conviction:\n    (a) in the case of a person who is a natural person—by imprisonment for a period not exceeding 12 months or a fine not exceeding 500 penalty units, or both; or\n    (b) in the case of a person that is a corporation—by a fine not exceeding 2,500 penalty units.\n  (2) An offence referred to in subsection (1) is not an indictable offence and is punishable on summary conviction.\n  (3) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(2) prohibiting compliance with a judgment if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the judgment concerned.\n  (4) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(3) prohibiting compliance with an order, requirement, request, direction or instruction if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the order, requirement, request, direction or instruction concerned.\n\n#### 19 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and in particular:\n    (c) making provision for and in relation to the service and execution of process of the Court in proceedings instituted under section 10 or 11 or in proceedings for the registration of judgments under section 12, including the manner in which and the extent to which the process of the Court, or notice of any such process, may be served out of the jurisdiction of the Court;\n    (d) making provision for and in relation to the proof by affidavit or otherwise of any matter relating to the registration of judgments under section 12;\n    (e) making provision for and in relation to the enforcement and execution of judgments of the Court given in proceedings instituted under this Act or of judgments registered under section 12; and\n    (f) making provision for and in relation to the determination of the rate of exchange applicable where, for the purposes of the application of this Act, it is necessary to express in Australian currency an amount of foreign currency.\n  (2) Subsection 12(2) of the Legislation Act 2003 does not apply to regulations prescribing an authority for the purposes of the definition of foreign court in subsection 3(1) of this Act.\n\n> Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments (such as regulations).\n\n#### 20 Repeal etc.\n\n  (1) The following Acts are repealed:\n  Foreign Proceedings (Prohibition of Certain Evidence) Act 1976\n  Foreign Proceedings (Prohibition of Certain Evidence) Amendment Act 1976\n  Foreign Antitrust Judgments (Restriction of Enforcement) Act 1979.\n  (2) An order that:\n    (a) was made under section 5 of the Foreign Proceedings (Prohibition of Certain Evidence) Act 1976; and\n    (b) was in force immediately before the commencement of this Act;\n  has, from the commencement of this Act, such force and effect as it would have if it had been made under section 7 of this Act and had come into force at the commencement of this Act and:\n    (c) the provisions of this Act (other than sections 15 and 17) apply in relation to the order; and\n    (d) the order may be revoked or varied;\n  as if the order had been made under section 7 of this Act.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> antitrust proceedings to which this Part applies means:\n\n    (a) proceedings instituted in or before a foreign court that are:\n    (i) proceedings instituted under an antitrust law; or\n    (ii) proceedings for contribution instituted by a person who was a defendant in substantive proceedings that were instituted under an antitrust law;\n    where those proceedings constitute proceedings to which this Part applies; or\n    (b) action taken under an antitrust law or in relation to proceedings that have been, or may be, instituted under an antitrust law, where that action constitutes proceedings to which this Part applies.\n\n> prescribed proceedings, in relation to a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country, means proceedings:\n\n    (a) in respect of which, under any law that is applicable in relation to those proceedings, the court would be empowered to assume jurisdiction if, in the proceedings, an adverse effect, or an adverse effect of a particular kind, on the foreign commerce of that other country were to be alleged, whether or not the conduct in respect of which the proceedings are instituted is alleged to have taken place in that country; and\n    (b) in which, under any law that is applicable in relation to those proceedings, multiple damages may be awarded.\n\n> proceedings to which this Part applies means any proceedings or other action to which this Part applies by virtue of section 5.\n\n> substantive proceedings means proceedings to which this Part applies by virtue of paragraph 5(a).\n\n  (2) For the purposes of this Part, where, in proceedings instituted in or before a foreign court, a person makes a cross‑claim, counter‑claim, third‑party claim, or similar claim, for contribution, the person shall be taken to have instituted proceedings in or before that court for contribution.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Application of Part","content":"#### 5 Application of Part\n\n  This Part applies in relation to:\n    (a) any proceedings instituted in or before a foreign court, being proceedings that:\n    (i) relate to or affect trade or commerce with other countries or among the States;\n    (ii) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned;\n    (v) constitute an external affair; or\n    (vi) are connected with proceedings that constitute an external affair;\n    (b) any action taken by a foreign authority in connection with, or for the purposes of, substantive proceedings or any action taken by a foreign authority that is ancillary to substantive proceedings;\n    (c) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of:\n    (i) the making of a decision whether substantive proceedings should be instituted; or\n    (ii) the institution, or the proposed institution, of substantive proceedings; and\n    (d) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of, the enforcement of any judgment given in substantive proceedings, including any proceedings for contribution instituted in or before a foreign court by a person who was a defendant in substantive proceedings.","sortOrder":7},{"sectionNumber":"Division 2","sectionType":"division","heading":"Prohibition of the giving of certain evidence in foreign courts or to foreign authorities","content":"An Act to make provision in relation to the evidence that may be given in certain foreign proceedings, to provide a right of action in Australia in respect of the enforcement outside Australia of certain foreign judgments, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Foreign Proceedings (Excess of Jurisdiction) Act 1984.\n\n#### 2 Extension to external Territories\n\n  This Act extends to the external Territories.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> antitrust law means any law of a kind commonly known as an antitrust law and includes any law having as its purpose, or as its dominant purpose, the preservation of competition between manufacturing, commercial or other business enterprises or the prevention or repression of monopolies or restrictive practices in trade or commerce.\n\n> Australia when used in a geographical sense, includes the external Territories.\n\n> authority includes:\n\n    (a) a court or a grand jury; and\n    (b) any officer, examiner, investigator or other person authorized:\n    (i) to take or receive evidence, whether on behalf of a court or otherwise; or\n    (ii) to require the answering of questions or the production of documents.\n\n> Court means the Federal Court of Australia.\n\n> foreign authority means an authority of a country other than Australia.\n\n> foreign court means any court, or prescribed authority, of a country other than Australia or a part of such a country.\n\n> judgment includes a decree or order.\n\n  (2) A reference in this Act to a judgment being given is, in relation to a judgment that is a decree or order, a reference to the decree or order being made.\n  (3) A reference in this Act to proceedings in which multiple damages may be awarded is a reference to proceedings in which judgment may be given for an amount calculated by doubling, trebling or otherwise multiplying the amount assessed by the court as the amount that would compensate the person who instituted the proceedings for the loss or damage in respect of which the proceedings were instituted, and a reference in this Act to a judgment for multiple damages is a reference to a judgment for an amount that is so calculated.\n  (4) For the purposes of this Act, the question whether a corporation is related to another corporation shall be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act 2001.\n\n## Part II—Foreign proceedings\n\n### Division 1—Interpretation and Application\n\n#### 4 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> antitrust proceedings to which this Part applies means:\n\n    (a) proceedings instituted in or before a foreign court that are:\n    (i) proceedings instituted under an antitrust law; or\n    (ii) proceedings for contribution instituted by a person who was a defendant in substantive proceedings that were instituted under an antitrust law;\n    where those proceedings constitute proceedings to which this Part applies; or\n    (b) action taken under an antitrust law or in relation to proceedings that have been, or may be, instituted under an antitrust law, where that action constitutes proceedings to which this Part applies.\n\n> prescribed proceedings, in relation to a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country, means proceedings:\n\n    (a) in respect of which, under any law that is applicable in relation to those proceedings, the court would be empowered to assume jurisdiction if, in the proceedings, an adverse effect, or an adverse effect of a particular kind, on the foreign commerce of that other country were to be alleged, whether or not the conduct in respect of which the proceedings are instituted is alleged to have taken place in that country; and\n    (b) in which, under any law that is applicable in relation to those proceedings, multiple damages may be awarded.\n\n> proceedings to which this Part applies means any proceedings or other action to which this Part applies by virtue of section 5.\n\n> substantive proceedings means proceedings to which this Part applies by virtue of paragraph 5(a).\n\n  (2) For the purposes of this Part, where, in proceedings instituted in or before a foreign court, a person makes a cross‑claim, counter‑claim, third‑party claim, or similar claim, for contribution, the person shall be taken to have instituted proceedings in or before that court for contribution.\n\n#### 5 Application of Part\n\n  This Part applies in relation to:\n    (a) any proceedings instituted in or before a foreign court, being proceedings that:\n    (i) relate to or affect trade or commerce with other countries or among the States;\n    (ii) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned;\n    (v) constitute an external affair; or\n    (vi) are connected with proceedings that constitute an external affair;\n    (b) any action taken by a foreign authority in connection with, or for the purposes of, substantive proceedings or any action taken by a foreign authority that is ancillary to substantive proceedings;\n    (c) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of:\n    (i) the making of a decision whether substantive proceedings should be instituted; or\n    (ii) the institution, or the proposed institution, of substantive proceedings; and\n    (d) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of, the enforcement of any judgment given in substantive proceedings, including any proceedings for contribution instituted in or before a foreign court by a person who was a defendant in substantive proceedings.\n\n### Division 2—Prohibition of the giving of certain evidence in foreign courts or to foreign authorities\n\n#### 6 Exercise of powers under this Part\n\n  (1) The power of the Attorney‑General to make an order under section 7 may only be exercised in relation to proceedings to which this Part applies.\n  (2) The Attorney‑General shall not exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies except as provided by subsection (3), (4) or (5).\n  (3) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies, being an order prohibiting the doing of an act or thing, if he or she is satisfied that the making of the order is desirable for the protection of the national interest.\n  (4) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies that are constituted by proceedings instituted in or before a foreign court if he or she is satisfied that the assumption of jurisdiction by the foreign court, or the manner of exercise of jurisdiction by the foreign court, is contrary to international law or is inconsistent with international comity or international practice.\n  (5) The Attorney‑General may exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies that are constituted by action taken by a foreign authority if he or she is satisfied that the taking of that action, or the manner of taking that action, is contrary to international law or is inconsistent with international comity or international practice.\n\n#### 7 Orders\n\n  (1) The Attorney‑General may, by legislative instrument, make an order prohibiting any one or more of the following acts or things:\n    (a) the production in a foreign court, or to or for the purposes of a foreign authority, of a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (b) the doing of any act in Australia, in relation to a document that, at the time of the making of the order or at any time while the order is in force, is in Australia:\n    (i) with the intention that the act will result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority; or\n    (ii) where there is reason to believe that the act will, or is likely to, result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority;\n    (c) the giving by a person, at a time when he or she is an Australian citizen or a resident of Australia, of evidence or information in a foreign court or to a foreign authority in relation to, or in relation to the contents of, a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (d) the production of a document in a court in, or to an authority of, Australia, or the giving of evidence or information, whether in relation to the contents of a document or otherwise, in a court in, or to an authority of, Australia, for the purposes of proceedings in a foreign court.\n  (2) An order under this section may:\n    (a) be directed to a particular person, to persons included in a class of persons or to persons generally;\n    (b) relate to a particular foreign court or foreign authority, to courts included in a class of foreign courts or authorities included in a class of foreign authorities or to foreign courts or foreign authorities generally; and\n    (c) relate to a particular document or to documents included in a class of documents.\n  (3) Where the Attorney‑General makes an order under subsection (1) that has effect in relation to a document, the order also has effect in relation to any copy of that document that, at the time of the making of the order or at any time while the order remains in force, is in Australia, whether the copy was made before or after the making of the order, as if the copy were the document.\n  (4) Where the Attorney‑General, being satisfied of the matters mentioned in subsection 6(3), (4) or (5), makes an order under subsection (1) prohibiting the doing of a specified act or thing, the Attorney‑General may:\n    (a) provide, in the order, that the doing of that act or thing is not prohibited in specified circumstances; or\n    (b) consent in writing to the doing of that act or thing;\n  and, where the Attorney‑General has consented as mentioned in paragraph (b) to the doing of an act or thing, a person shall not be taken to have contravened the order by reason that he or she has done that act or thing.\n\n#### 8 Injunctions\n\n  (1) In this section, Court means:\n    (a) the High Court; or\n    (b) the Federal Court of Australia.\n  (2) Where:\n    (a) there is in force an order made by the Attorney‑General under section 7 that prohibits the doing of a specified act or thing in relation to a specified document, or in relation to documents included in a specified class of documents; and\n    (b) the Court is satisfied, on application by the Attorney‑General, that there are reasonable grounds for believing that the person having possession or control of the specified document or of a document included in the specified class of documents, as the case may be, might contravene the order referred to in paragraph (a);\n  the Court may grant an injunction restraining that person from dealing with that document in a manner specified in the injunction, or restraining that person from dealing with that document except in a manner specified in the injunction.\n  (3) Where in the opinion of the Court it is appropriate to do so, the Court may, instead of granting an injunction under subsection (2) in relation to the manner in which a person may deal with a document, accept from the person an undertaking in relation to the manner in which that person will deal with the document, but the acceptance by the Court of an undertaking in relation to the manner in which a person will deal with a document does not prevent the Court from subsequently granting an injunction under subsection (2) in relation to the manner in which that person may deal with that document.\n  (4) The Attorney‑General shall not make an application for the purposes of this section to the Federal Court of Australia in relation to any matter that has been the subject of proceedings in the High Court.\n\n### Division 3—Enforceability of judgments given in foreign antitrust proceedings\n\n#### 9 Enforceability of judgments given in foreign antitrust proceedings\n\n  (1) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment; and\n    (b) the Attorney‑General is satisfied that:\n    (i) the making of an instrument under this subsection in relation to the judgment is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by the foreign court, or the exercise of a power or the manner of exercise of a power by the foreign court, was contrary to international law or inconsistent with international comity or international practice;\n  the Attorney‑General may:\n    (c) in the case of any judgment—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment; or\n    (d) in the case of a judgment for a specified amount of money—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment, and specify in the instrument an amount of money, being an amount that is less than the amount of the judgment, for the purposes of paragraph (2)(b).\n  (2) While an instrument made by the Attorney‑General under subsection (1) in relation to a judgment is in force:\n    (a) where the Attorney‑General has not, in the instrument, specified an amount of money for the purposes of paragraph (b)—the judgment shall not be recognized and is not enforceable in Australia; or\n    (b) where the Attorney‑General has, in the instrument, specified an amount of money for the purposes of this paragraph—the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment, and not otherwise.\n  (3) Nothing in this section enables a judgment to be recognized or enforced in Australia if, apart from this Act, the judgment would not be able to be recognized or enforced in Australia.\n  (4) Where:\n    (a) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to a judgment, specifying an amount of money for the purposes of paragraph (2)(b); and\n    (b) by virtue of paragraph (2)(b), the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment;\n  any amounts recovered (whether before or after the making of the instrument) pursuant to the judgment in a country other than Australia shall, for the purposes of the recognition or enforcement of that judgment in Australia but for no other purposes, be taken to have been recovered pursuant to the judgment in Australia.\n  (5) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment against 2 or more defendants; and\n    (b) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to the judgment, specifying an amount of money for the purposes of paragraph (2)(b) (in this subsection referred to as the specified amount);\n  paragraph (2)(b) has effect, in relation to each defendant, as if the Attorney‑General had, in the instrument, specified for the purposes of paragraph (2)(b) an amount ascertained by dividing the specified amount by the number of defendants against whom the judgment was given.\n\n#### 10 Defendant in antitrust proceedings may recover against person who has enforced judgment\n\n  (1) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(c) in relation to a foreign judgment; and\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the amount mentioned in paragraph (b), the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to the amount recovered pursuant to the foreign judgment as mentioned in paragraph (b).\n  (2) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(d) in relation to a foreign judgment specifying an amount of money for the purposes of paragraph 9(2)(b) (in this subsection referred to as the recoverable amount);\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment (in this subsection referred to as the relevant amount );\n    (c) in a case where, before the recovery of the relevant amount, neither the plaintiff nor any other person had recovered any amount from the defendant pursuant to that foreign judgment in Australia or in any other country—the relevant amount exceeds the recoverable amount; and\n    (d) in a case to which paragraph (c) does not apply:\n    (i) the amount recovered, or the sum of the amounts recovered, (whether by the plaintiff or by any other person) from the defendant in Australia or in any other country or countries pursuant to that foreign judgment before the recovery of the relevant amount exceeds, or is equal to, the recoverable amount; or\n    (ii) subparagraph (i) does not apply but the sum of the relevant amount and the amount or amounts recovered as mentioned in that subparagraph exceeds the recoverable amount;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the relevant amount, the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to:\n    (e) where paragraph (c) applies—the amount by which the relevant amount exceeds the recoverable amount;\n    (f) where subparagraph (d)(i) applies—the relevant amount; or\n    (g) where subparagraph (d)(ii) applies—the amount by which the sum mentioned in that subparagraph exceeds the recoverable amount.\n  (3) Nothing in this section renders a person liable to pay an amount to a defendant in relation to a foreign judgment given by a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings in which the foreign judgment was given, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings in which the foreign judgment was given, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (4) Where a judgment in relation to which an instrument has been made under paragraph 9(1)(d) was given against 2 or more defendants, subsection (2) of this section has effect in relation to each of those defendants as if the references in that subsection to an amount specified in the instrument were references to the amount ascertained by dividing the amount specified in the instrument by the number of defendants against whom the judgment was given.\n  (5) Where a corporation that is the plaintiff in relation to a foreign judgment is, by virtue of this section, liable to pay an amount to the person who is the defendant in relation to that foreign judgment, any corporation that is related to that first‑mentioned corporation is jointly and severally liable with that first‑mentioned corporation to pay that amount to that person.\n  (6) A reference in this section to a person other than the plaintiff recovering an amount pursuant to a foreign judgment is a reference to any person recovering any amount pursuant to the foreign judgment, whether as the successor to the plaintiff, as an assignee of the rights of the plaintiff under the judgment or otherwise.\n  (7) A proceeding in respect of a cause of action arising under this section shall not be commenced after the expiration of the period of 3 years commencing on the date on which the cause of action arises.\n  (8) For the purposes of subsection (7), a cause of action under this section in respect of the recovery of an amount pursuant to a foreign judgment in relation to which an instrument has been made under section 9 shall, where the amount was recovered pursuant to the foreign judgment before the making of the instrument, be taken to have arisen when the instrument comes into force for the purposes of this section.\n  (9) In this section:\n\n> defendant in relation to a foreign judgment, means a person against whom the foreign judgment was given;\n\n> foreign judgment means a judgment for multiple damages given by a foreign court in antitrust proceedings to which this Part applies, or any other judgment given by a foreign court in antitrust proceedings to which this Part applies;\n\n> plaintiff, in relation to a foreign judgment, means the person or persons in whose favour the foreign judgment was given.\n\n#### 10A Declarations under section 9—coming into force\n\n  (1) An instrument under subsection 9(1) comes into force for the purposes of section 10 on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: See subsection 10(8).\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the instrument under subsection 9(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.\n  (3) To avoid doubt, subsections (1) and (2) do not affect the operation of subsection 12(1) of the Legislation Act 2003 in relation to the coming into force of the instrument under subsection 9(1) of this Act for any other purpose.\n\n> Note: Subsection 12(1) of the Legislation Act 2003 provides that a legislative instrument commences on the day it is registered under that Act, or otherwise as provided by the instrument.\n\n#### 11 Defendant may recover reasonable costs and expenses\n\n  (1) Subject to subsection (2), where:\n    (a) private proceedings, being antitrust proceedings to which this Part applies, are instituted in or before a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country;\n    (b) the private proceedings are prescribed proceedings;\n    (c) under any law that is applicable in relation to those proceedings, only the plaintiff is entitled to recover any amount in respect of his or her costs in the proceedings; and\n    (d) the Attorney‑General is satisfied that:\n    (i) the making of an order under this section in relation to those proceedings is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by that court, or the exercise of a power or the manner of exercise of a power by that court, in those proceedings was contrary to international law or inconsistent with international comity or international practice;\n    the Attorney‑General may make an order that the plaintiff in those proceedings is liable or, if the plaintiff is a corporation, the plaintiff and any related corporation are jointly and severally liable, to pay to a defendant in the proceedings an amount equal to the reasonable costs of, and expenses incidental to, the proceedings (in this section referred to as recoverable costs and expenses), being costs and expenses incurred by the defendant and including, without limiting the generality of the foregoing, any costs or expenses associated with obtaining legal advice in connection with, or legal representation in or in connection with, the proceedings, and that order has effect accordingly.\n  (2) Nothing in this section renders a person liable to pay an amount to a defendant in proceedings instituted in or before a court of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (3) Proceedings in respect of a cause of action arising under this section (in this subsection referred to as costs proceedings) in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted, notwithstanding that the foreign proceedings are still pending, in respect of recoverable costs and expenses that have been incurred by a defendant in the foreign proceedings at any time before he or she institutes the costs proceedings (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection), and the institution of costs proceedings under this section in relation to foreign proceedings that are still pending does not prevent the defendant from instituting costs proceedings, after judgment has been given in the foreign proceedings or the foreign proceedings have been discontinued or otherwise terminated, in respect of recoverable costs and expenses (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection).\n  (4) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted by a defendant in the foreign proceedings notwithstanding that judgment has been given in favour of the plaintiff in the foreign proceedings.\n  (5) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) shall not be commenced after the expiration of the period of 3 years commencing on the date on which judgment is given in the foreign proceedings, or the foreign proceedings are discontinued or otherwise terminated.\n\n#### 12 Enforcement of judgments under reciprocal agreement\n\n  (1) Where:\n    (a) an agreement is in force between Australia and another country that makes provision for the enforcement in that other country of judgments obtained in proceedings in respect of certain causes of action arising under section 10, or in respect of all causes of action arising under that section, and also:\n    (i) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to judgments for multiple damages within the meaning of subsection 3(3), whether or not that last‑mentioned provision corresponds to section 10; or\n    (ii) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country that corresponds to section 10; and\n    (b) a person has obtained a judgment in a proceeding instituted under a provision of the law of that other country referred to in subparagraph (a)(i) or (ii);\n  the Attorney‑General may, by legislative instrument, make an order declaring that the judgment referred to in paragraph (b), to the extent that it has not been satisfied when the order is made, may be enforced in Australia.\n  (2) Where an order made under subsection (1) in relation to a judgment is in force, the judgment creditor may apply to the Court, at any time within 3 years after the date of the making of the order, to have the judgment registered in the Court.\n  (3) Subject to subsection (4) and to the regulations, the Court shall, on an application under subsection (2) for the registration of a judgment, order the judgment to be registered.\n  (4) A judgment shall not be registered under this section if, at the date of the application for registration of the judgment, the judgment has been wholly satisfied.\n  (5) If, at the date of the application for registration of a judgment under this section, the judgment has been partly satisfied, the judgment shall not be registered in respect of the whole amount payable under the judgment but shall be registered only in respect of the balance remaining payable at that date.\n  (6) Where a judgment is registered under this section, in addition to the amount payable under the judgment, the judgment shall be registered for the reasonable costs of and incidental to registration, including costs of obtaining a certified copy of the judgment from the court in which it was obtained.\n  (7) Subject to subsection (8) and any order of the Court made for the purposes of subsection (11):\n    (a) a judgment registered under this section is, for the purposes of execution, of the same force and effect;\n    (b) proceedings may be taken on such a judgment; and\n    (c) the sum for which such a judgment is registered carries interest;\n  as if the judgment were a final judgment originally given in the Court and entered on the date of registration.\n  (8) Execution shall not issue on a judgment registered under this section so long as, under this section and any Rules of Court, it is competent for any person to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.\n  (9) On an application in that behalf duly made to the Court by a person against whom a judgment registered under this section may be enforced, the registration of the judgment shall be set aside if the Court is satisfied that the judgment:\n    (a) is not a judgment in respect of which an order made under subsection (1) is in force;\n    (b) was registered in contravention of this section;\n    (c) has been reversed on appeal or otherwise set aside in the country in which the judgment was obtained; or\n    (d) has, since registration, been wholly satisfied in Australia or in any other country.\n  (9A) The power of the Federal Court of Australia to make Rules of Court extends to making rules in relation to:\n    (a) the fixing of a period within which an application may be made to have the registration of a judgment set aside; and\n    (b) the extension of such a period.\n  (10) If, on an application under subsection (9) in relation to a judgment, the judgment is found to have been partly satisfied in Australia or any other country, the amount for which it is registered in the Court shall be reduced by the amount by which it has been partially satisfied.\n  (11) If, on an application under subsection (9), the Court is satisfied either that an appeal is pending, or that a person is entitled and intends to appeal, against the judgment in the country in which it was obtained, the Court, if it thinks fit, may, on such terms as it thinks just, including terms relating to the suspension of the execution of the judgment, adjourn the application until after the expiration of such period as appears to the Court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the relevant tribunal.\n  (12) Where an application under subsection (9) has been adjourned under subsection (11), the Court shall, on the expiration of the period of adjournment, deal with the application.\n  (13) For the purposes of this section, the amount payable under a judgment in a proceeding instituted under a provision of the law of a country other than Australia shall be taken to include any interest that by the law of that country becomes due on the judgment up to the time of the registration of the judgment under this section.\n  (14) In this section, judgment creditor, in relation to a judgment, means the person or persons in whose favour the judgment was given and includes the person or persons in whom the rights under the judgment have become vested by succession, assignment or otherwise.\n\n#### 12A Declarations under section 12—coming into force\n\n  (1) Despite subsection 12(1) of the Legislation Act 2003, an order under subsection 12(1) of this Act comes into force on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: Subsection 12(1) of the Legislation Act 2003 deals with the commencement of legislative instruments.\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the order under subsection 12(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.\n\n## Part III—Actions and decisions of foreign governments affecting Australia\n\n#### 13 Attorney‑General may make orders relating to actions or decisions\n\n  (1) Where:\n    (a) under a law of a country other than Australia, being a law that regulates or controls the trade or commerce of that country with another country or other countries, or trade or commerce among other countries, action has been or is proposed to be taken, or a decision has been or is proposed to be made, by or on behalf of the government of that first‑mentioned country or by or on behalf of an agency or instrumentality, whether corporate or unincorporated, of that government;\n    (b) the action or decision imposes, or would impose, on:\n    (i) a natural person who is an Australian citizen or a resident of Australia; or\n    (ii) a corporation that is incorporated or carries on business in Australia;\n    an obligation of any kind (including an obligation to refrain from doing any act or thing), being an obligation that could be, or must be, performed in Australia; and\n    (c) that action or decision, or the performance of any obligation imposed by that action or decision:\n    (i) relates to or affects, or would relate to or affect, trade or commerce with other countries or among the States;\n    (ii) relates to or affects, or would relate to or affect, the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relates to or affects, or would relate to or affect, banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relates to or affects, or would relate to or affect, insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (v) constitutes, or would constitute, an external affair;\n  the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the obligation is desirable for the protection of the national interest, by legislative instrument, make an order that prohibits the performance of that obligation in Australia by the person or corporation referred to in paragraph (b).\n  (2) An order made under subsection (1) may prohibit the performance of an obligation:\n    (a) absolutely;\n    (b) in such cases as are specified in the order; or\n    (c) subject to such conditions as to consent or as to other matters as are specified in the order.\n\n## Part IV—Prohibition on giving effect to certain foreign judgments\n\n#### 14 Attorney‑General may prohibit compliance with foreign judgments etc.\n\n  (1) A reference in this section to a relevant judgment is a reference to a judgment (including an injunction) that, whether expressly or by necessary implication:\n    (a) requires an act or thing to be done in Australia;\n    (b) prohibits the doing of an act or thing in Australia; or\n    (c) requires a person to refrain from conduct in Australia;\n  where the doing of the act or thing, the refraining from doing the act or thing or the refraining from conduct, as the case may be, would:\n    (d) relate to or affect trade or commerce with other countries or among the States;\n    (e) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (f) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (g) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (h) constitute an external affair;\n  but does not include a reference to a judgment to the extent (if any) that the judgment expressly requires the payment of an amount of money.\n  (2) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the relevant judgment is desirable for the protection of the national interest, by legislative instrument, make an order prohibiting the person from complying with the relevant judgment in Australia.\n  (3) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that compliance in Australia by any other person with an order, requirement, request, direction or instruction that has been or may be made or given, by or on behalf of that first‑mentioned person:\n    (a) in accordance with the relevant judgment; or\n    (b) for the purpose of enabling that first‑mentioned person to comply with the relevant judgment;\n  would or might be detrimental to the national interest, by legislative instrument, make an order prohibiting compliance in Australia with any such order, requirement, request, direction or instruction that has been or may be made or given.\n  (4) An order under subsection (3) may be directed to a particular person, to persons included in a class of persons or to persons generally.\n  (5) Where the Attorney‑General makes an order under subsection (2) prohibiting compliance with a relevant judgment or an order under subsection (3) prohibiting compliance with an order, requirement, request, direction or instruction, the Attorney‑General may provide, in the order, that the relevant judgment or the order, requirement, request, direction or instruction, as the case may be, may be complied with in specified circumstances, and the circumstances that may be specified include the circumstance that the Attorney‑General has consented to that compliance.\n\n## Part V—Miscellaneous\n\n#### 16 Jurisdiction of Federal Court\n\n  (1) Jurisdiction is conferred on the High Court with respect to matters arising under section 8.\n  (2) Jurisdiction is conferred on the Court with respect to matters arising under sections 8, 10, 11, 12 and 18, and, subject to subsection (1), that jurisdiction is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.\n\n#### 17 Service of notice of orders\n\n  Where the Attorney‑General makes an order under this Act that is directed to a particular person, the Attorney‑General shall:\n    (a) except in a case to which paragraph (b) applies, cause to be sent to the person by registered post addressed to the person:\n    (i) in the case of a natural person—at his or her last known address in Australia; or\n    (ii) in the case of a body corporate—at the registered office of the body corporate, or the principal place of business of the body corporate, in Australia;\n    a copy of the order; or\n    (b) if the person, being a natural person, does not have an address in Australia, or being a body corporate, does not have a registered office or principal place of business in Australia, cause such steps to be taken as are, in the opinion of the Attorney‑General, reasonable and practicable, to bring to the attention of the person the content of the order.\n\n#### 18 Offences\n\n  (1) A person who contravenes an order by the Attorney‑General in force under section 7, 13 or 14 that is applicable to him or her commits an offence punishable, on conviction:\n    (a) in the case of a person who is a natural person—by imprisonment for a period not exceeding 12 months or a fine not exceeding 500 penalty units, or both; or\n    (b) in the case of a person that is a corporation—by a fine not exceeding 2,500 penalty units.\n  (2) An offence referred to in subsection (1) is not an indictable offence and is punishable on summary conviction.\n  (3) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(2) prohibiting compliance with a judgment if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the judgment concerned.\n  (4) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(3) prohibiting compliance with an order, requirement, request, direction or instruction if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the order, requirement, request, direction or instruction concerned.\n\n#### 19 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and in particular:\n    (c) making provision for and in relation to the service and execution of process of the Court in proceedings instituted under section 10 or 11 or in proceedings for the registration of judgments under section 12, including the manner in which and the extent to which the process of the Court, or notice of any such process, may be served out of the jurisdiction of the Court;\n    (d) making provision for and in relation to the proof by affidavit or otherwise of any matter relating to the registration of judgments under section 12;\n    (e) making provision for and in relation to the enforcement and execution of judgments of the Court given in proceedings instituted under this Act or of judgments registered under section 12; and\n    (f) making provision for and in relation to the determination of the rate of exchange applicable where, for the purposes of the application of this Act, it is necessary to express in Australian currency an amount of foreign currency.\n  (2) Subsection 12(2) of the Legislation Act 2003 does not apply to regulations prescribing an authority for the purposes of the definition of foreign court in subsection 3(1) of this Act.\n\n> Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments (such as regulations).\n\n#### 20 Repeal etc.\n\n  (1) The following Acts are repealed:\n  Foreign Proceedings (Prohibition of Certain Evidence) Act 1976\n  Foreign Proceedings (Prohibition of Certain Evidence) Amendment Act 1976\n  Foreign Antitrust Judgments (Restriction of Enforcement) Act 1979.\n  (2) An order that:\n    (a) was made under section 5 of the Foreign Proceedings (Prohibition of Certain Evidence) Act 1976; and\n    (b) was in force immediately before the commencement of this Act;\n  has, from the commencement of this Act, such force and effect as it would have if it had been made under section 7 of this Act and had come into force at the commencement of this Act and:\n    (c) the provisions of this Act (other than sections 15 and 17) apply in relation to the order; and\n    (d) the order may be revoked or varied;\n  as if the order had been made under section 7 of this Act.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Exercise of powers under this Part","content":"#### 6 Exercise of powers under this Part\n\n  (1) The power of the Attorney‑General to make an order under section 7 may only be exercised in relation to proceedings to which this Part applies.\n  (2) The Attorney‑General shall not exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies except as provided by subsection (3), (4) or (5).\n  (3) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies, being an order prohibiting the doing of an act or thing, if he or she is satisfied that the making of the order is desirable for the protection of the national interest.\n  (4) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies that are constituted by proceedings instituted in or before a foreign court if he or she is satisfied that the assumption of jurisdiction by the foreign court, or the manner of exercise of jurisdiction by the foreign court, is contrary to international law or is inconsistent with international comity or international practice.\n  (5) The Attorney‑General may exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies that are constituted by action taken by a foreign authority if he or she is satisfied that the taking of that action, or the manner of taking that action, is contrary to international law or is inconsistent with international comity or international practice.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Orders","content":"#### 7 Orders\n\n  (1) The Attorney‑General may, by legislative instrument, make an order prohibiting any one or more of the following acts or things:\n    (a) the production in a foreign court, or to or for the purposes of a foreign authority, of a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (b) the doing of any act in Australia, in relation to a document that, at the time of the making of the order or at any time while the order is in force, is in Australia:\n    (i) with the intention that the act will result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority; or\n    (ii) where there is reason to believe that the act will, or is likely to, result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority;\n    (c) the giving by a person, at a time when he or she is an Australian citizen or a resident of Australia, of evidence or information in a foreign court or to a foreign authority in relation to, or in relation to the contents of, a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (d) the production of a document in a court in, or to an authority of, Australia, or the giving of evidence or information, whether in relation to the contents of a document or otherwise, in a court in, or to an authority of, Australia, for the purposes of proceedings in a foreign court.\n  (2) An order under this section may:\n    (a) be directed to a particular person, to persons included in a class of persons or to persons generally;\n    (b) relate to a particular foreign court or foreign authority, to courts included in a class of foreign courts or authorities included in a class of foreign authorities or to foreign courts or foreign authorities generally; and\n    (c) relate to a particular document or to documents included in a class of documents.\n  (3) Where the Attorney‑General makes an order under subsection (1) that has effect in relation to a document, the order also has effect in relation to any copy of that document that, at the time of the making of the order or at any time while the order remains in force, is in Australia, whether the copy was made before or after the making of the order, as if the copy were the document.\n  (4) Where the Attorney‑General, being satisfied of the matters mentioned in subsection 6(3), (4) or (5), makes an order under subsection (1) prohibiting the doing of a specified act or thing, the Attorney‑General may:\n    (a) provide, in the order, that the doing of that act or thing is not prohibited in specified circumstances; or\n    (b) consent in writing to the doing of that act or thing;\n  and, where the Attorney‑General has consented as mentioned in paragraph (b) to the doing of an act or thing, a person shall not be taken to have contravened the order by reason that he or she has done that act or thing.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Injunctions","content":"#### 8 Injunctions\n\n  (1) In this section, Court means:\n    (a) the High Court; or\n    (b) the Federal Court of Australia.\n  (2) Where:\n    (a) there is in force an order made by the Attorney‑General under section 7 that prohibits the doing of a specified act or thing in relation to a specified document, or in relation to documents included in a specified class of documents; and\n    (b) the Court is satisfied, on application by the Attorney‑General, that there are reasonable grounds for believing that the person having possession or control of the specified document or of a document included in the specified class of documents, as the case may be, might contravene the order referred to in paragraph (a);\n  the Court may grant an injunction restraining that person from dealing with that document in a manner specified in the injunction, or restraining that person from dealing with that document except in a manner specified in the injunction.\n  (3) Where in the opinion of the Court it is appropriate to do so, the Court may, instead of granting an injunction under subsection (2) in relation to the manner in which a person may deal with a document, accept from the person an undertaking in relation to the manner in which that person will deal with the document, but the acceptance by the Court of an undertaking in relation to the manner in which a person will deal with a document does not prevent the Court from subsequently granting an injunction under subsection (2) in relation to the manner in which that person may deal with that document.\n  (4) The Attorney‑General shall not make an application for the purposes of this section to the Federal Court of Australia in relation to any matter that has been the subject of proceedings in the High Court.","sortOrder":11},{"sectionNumber":"Division 3","sectionType":"division","heading":"Enforceability of judgments given in foreign antitrust proceedings","content":"An Act to make provision in relation to the evidence that may be given in certain foreign proceedings, to provide a right of action in Australia in respect of the enforcement outside Australia of certain foreign judgments, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Foreign Proceedings (Excess of Jurisdiction) Act 1984.\n\n#### 2 Extension to external Territories\n\n  This Act extends to the external Territories.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> antitrust law means any law of a kind commonly known as an antitrust law and includes any law having as its purpose, or as its dominant purpose, the preservation of competition between manufacturing, commercial or other business enterprises or the prevention or repression of monopolies or restrictive practices in trade or commerce.\n\n> Australia when used in a geographical sense, includes the external Territories.\n\n> authority includes:\n\n    (a) a court or a grand jury; and\n    (b) any officer, examiner, investigator or other person authorized:\n    (i) to take or receive evidence, whether on behalf of a court or otherwise; or\n    (ii) to require the answering of questions or the production of documents.\n\n> Court means the Federal Court of Australia.\n\n> foreign authority means an authority of a country other than Australia.\n\n> foreign court means any court, or prescribed authority, of a country other than Australia or a part of such a country.\n\n> judgment includes a decree or order.\n\n  (2) A reference in this Act to a judgment being given is, in relation to a judgment that is a decree or order, a reference to the decree or order being made.\n  (3) A reference in this Act to proceedings in which multiple damages may be awarded is a reference to proceedings in which judgment may be given for an amount calculated by doubling, trebling or otherwise multiplying the amount assessed by the court as the amount that would compensate the person who instituted the proceedings for the loss or damage in respect of which the proceedings were instituted, and a reference in this Act to a judgment for multiple damages is a reference to a judgment for an amount that is so calculated.\n  (4) For the purposes of this Act, the question whether a corporation is related to another corporation shall be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act 2001.\n\n## Part II—Foreign proceedings\n\n### Division 1—Interpretation and Application\n\n#### 4 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> antitrust proceedings to which this Part applies means:\n\n    (a) proceedings instituted in or before a foreign court that are:\n    (i) proceedings instituted under an antitrust law; or\n    (ii) proceedings for contribution instituted by a person who was a defendant in substantive proceedings that were instituted under an antitrust law;\n    where those proceedings constitute proceedings to which this Part applies; or\n    (b) action taken under an antitrust law or in relation to proceedings that have been, or may be, instituted under an antitrust law, where that action constitutes proceedings to which this Part applies.\n\n> prescribed proceedings, in relation to a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country, means proceedings:\n\n    (a) in respect of which, under any law that is applicable in relation to those proceedings, the court would be empowered to assume jurisdiction if, in the proceedings, an adverse effect, or an adverse effect of a particular kind, on the foreign commerce of that other country were to be alleged, whether or not the conduct in respect of which the proceedings are instituted is alleged to have taken place in that country; and\n    (b) in which, under any law that is applicable in relation to those proceedings, multiple damages may be awarded.\n\n> proceedings to which this Part applies means any proceedings or other action to which this Part applies by virtue of section 5.\n\n> substantive proceedings means proceedings to which this Part applies by virtue of paragraph 5(a).\n\n  (2) For the purposes of this Part, where, in proceedings instituted in or before a foreign court, a person makes a cross‑claim, counter‑claim, third‑party claim, or similar claim, for contribution, the person shall be taken to have instituted proceedings in or before that court for contribution.\n\n#### 5 Application of Part\n\n  This Part applies in relation to:\n    (a) any proceedings instituted in or before a foreign court, being proceedings that:\n    (i) relate to or affect trade or commerce with other countries or among the States;\n    (ii) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned;\n    (v) constitute an external affair; or\n    (vi) are connected with proceedings that constitute an external affair;\n    (b) any action taken by a foreign authority in connection with, or for the purposes of, substantive proceedings or any action taken by a foreign authority that is ancillary to substantive proceedings;\n    (c) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of:\n    (i) the making of a decision whether substantive proceedings should be instituted; or\n    (ii) the institution, or the proposed institution, of substantive proceedings; and\n    (d) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of, the enforcement of any judgment given in substantive proceedings, including any proceedings for contribution instituted in or before a foreign court by a person who was a defendant in substantive proceedings.\n\n### Division 2—Prohibition of the giving of certain evidence in foreign courts or to foreign authorities\n\n#### 6 Exercise of powers under this Part\n\n  (1) The power of the Attorney‑General to make an order under section 7 may only be exercised in relation to proceedings to which this Part applies.\n  (2) The Attorney‑General shall not exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies except as provided by subsection (3), (4) or (5).\n  (3) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies, being an order prohibiting the doing of an act or thing, if he or she is satisfied that the making of the order is desirable for the protection of the national interest.\n  (4) The Attorney‑General may make an order under section 7 in relation to proceedings to which this Part applies that are constituted by proceedings instituted in or before a foreign court if he or she is satisfied that the assumption of jurisdiction by the foreign court, or the manner of exercise of jurisdiction by the foreign court, is contrary to international law or is inconsistent with international comity or international practice.\n  (5) The Attorney‑General may exercise his or her power to make an order under section 7 in relation to proceedings to which this Part applies that are constituted by action taken by a foreign authority if he or she is satisfied that the taking of that action, or the manner of taking that action, is contrary to international law or is inconsistent with international comity or international practice.\n\n#### 7 Orders\n\n  (1) The Attorney‑General may, by legislative instrument, make an order prohibiting any one or more of the following acts or things:\n    (a) the production in a foreign court, or to or for the purposes of a foreign authority, of a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (b) the doing of any act in Australia, in relation to a document that, at the time of the making of the order or at any time while the order is in force, is in Australia:\n    (i) with the intention that the act will result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority; or\n    (ii) where there is reason to believe that the act will, or is likely to, result in the document, or evidence of or information about the contents of the document, being produced or given in a foreign court or to or for the purposes of a foreign authority;\n    (c) the giving by a person, at a time when he or she is an Australian citizen or a resident of Australia, of evidence or information in a foreign court or to a foreign authority in relation to, or in relation to the contents of, a document that, at the time of the making of the order or at any time while the order is in force, is in Australia;\n    (d) the production of a document in a court in, or to an authority of, Australia, or the giving of evidence or information, whether in relation to the contents of a document or otherwise, in a court in, or to an authority of, Australia, for the purposes of proceedings in a foreign court.\n  (2) An order under this section may:\n    (a) be directed to a particular person, to persons included in a class of persons or to persons generally;\n    (b) relate to a particular foreign court or foreign authority, to courts included in a class of foreign courts or authorities included in a class of foreign authorities or to foreign courts or foreign authorities generally; and\n    (c) relate to a particular document or to documents included in a class of documents.\n  (3) Where the Attorney‑General makes an order under subsection (1) that has effect in relation to a document, the order also has effect in relation to any copy of that document that, at the time of the making of the order or at any time while the order remains in force, is in Australia, whether the copy was made before or after the making of the order, as if the copy were the document.\n  (4) Where the Attorney‑General, being satisfied of the matters mentioned in subsection 6(3), (4) or (5), makes an order under subsection (1) prohibiting the doing of a specified act or thing, the Attorney‑General may:\n    (a) provide, in the order, that the doing of that act or thing is not prohibited in specified circumstances; or\n    (b) consent in writing to the doing of that act or thing;\n  and, where the Attorney‑General has consented as mentioned in paragraph (b) to the doing of an act or thing, a person shall not be taken to have contravened the order by reason that he or she has done that act or thing.\n\n#### 8 Injunctions\n\n  (1) In this section, Court means:\n    (a) the High Court; or\n    (b) the Federal Court of Australia.\n  (2) Where:\n    (a) there is in force an order made by the Attorney‑General under section 7 that prohibits the doing of a specified act or thing in relation to a specified document, or in relation to documents included in a specified class of documents; and\n    (b) the Court is satisfied, on application by the Attorney‑General, that there are reasonable grounds for believing that the person having possession or control of the specified document or of a document included in the specified class of documents, as the case may be, might contravene the order referred to in paragraph (a);\n  the Court may grant an injunction restraining that person from dealing with that document in a manner specified in the injunction, or restraining that person from dealing with that document except in a manner specified in the injunction.\n  (3) Where in the opinion of the Court it is appropriate to do so, the Court may, instead of granting an injunction under subsection (2) in relation to the manner in which a person may deal with a document, accept from the person an undertaking in relation to the manner in which that person will deal with the document, but the acceptance by the Court of an undertaking in relation to the manner in which a person will deal with a document does not prevent the Court from subsequently granting an injunction under subsection (2) in relation to the manner in which that person may deal with that document.\n  (4) The Attorney‑General shall not make an application for the purposes of this section to the Federal Court of Australia in relation to any matter that has been the subject of proceedings in the High Court.\n\n### Division 3—Enforceability of judgments given in foreign antitrust proceedings\n\n#### 9 Enforceability of judgments given in foreign antitrust proceedings\n\n  (1) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment; and\n    (b) the Attorney‑General is satisfied that:\n    (i) the making of an instrument under this subsection in relation to the judgment is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by the foreign court, or the exercise of a power or the manner of exercise of a power by the foreign court, was contrary to international law or inconsistent with international comity or international practice;\n  the Attorney‑General may:\n    (c) in the case of any judgment—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment; or\n    (d) in the case of a judgment for a specified amount of money—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment, and specify in the instrument an amount of money, being an amount that is less than the amount of the judgment, for the purposes of paragraph (2)(b).\n  (2) While an instrument made by the Attorney‑General under subsection (1) in relation to a judgment is in force:\n    (a) where the Attorney‑General has not, in the instrument, specified an amount of money for the purposes of paragraph (b)—the judgment shall not be recognized and is not enforceable in Australia; or\n    (b) where the Attorney‑General has, in the instrument, specified an amount of money for the purposes of this paragraph—the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment, and not otherwise.\n  (3) Nothing in this section enables a judgment to be recognized or enforced in Australia if, apart from this Act, the judgment would not be able to be recognized or enforced in Australia.\n  (4) Where:\n    (a) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to a judgment, specifying an amount of money for the purposes of paragraph (2)(b); and\n    (b) by virtue of paragraph (2)(b), the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment;\n  any amounts recovered (whether before or after the making of the instrument) pursuant to the judgment in a country other than Australia shall, for the purposes of the recognition or enforcement of that judgment in Australia but for no other purposes, be taken to have been recovered pursuant to the judgment in Australia.\n  (5) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment against 2 or more defendants; and\n    (b) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to the judgment, specifying an amount of money for the purposes of paragraph (2)(b) (in this subsection referred to as the specified amount);\n  paragraph (2)(b) has effect, in relation to each defendant, as if the Attorney‑General had, in the instrument, specified for the purposes of paragraph (2)(b) an amount ascertained by dividing the specified amount by the number of defendants against whom the judgment was given.\n\n#### 10 Defendant in antitrust proceedings may recover against person who has enforced judgment\n\n  (1) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(c) in relation to a foreign judgment; and\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the amount mentioned in paragraph (b), the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to the amount recovered pursuant to the foreign judgment as mentioned in paragraph (b).\n  (2) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(d) in relation to a foreign judgment specifying an amount of money for the purposes of paragraph 9(2)(b) (in this subsection referred to as the recoverable amount);\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment (in this subsection referred to as the relevant amount );\n    (c) in a case where, before the recovery of the relevant amount, neither the plaintiff nor any other person had recovered any amount from the defendant pursuant to that foreign judgment in Australia or in any other country—the relevant amount exceeds the recoverable amount; and\n    (d) in a case to which paragraph (c) does not apply:\n    (i) the amount recovered, or the sum of the amounts recovered, (whether by the plaintiff or by any other person) from the defendant in Australia or in any other country or countries pursuant to that foreign judgment before the recovery of the relevant amount exceeds, or is equal to, the recoverable amount; or\n    (ii) subparagraph (i) does not apply but the sum of the relevant amount and the amount or amounts recovered as mentioned in that subparagraph exceeds the recoverable amount;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the relevant amount, the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to:\n    (e) where paragraph (c) applies—the amount by which the relevant amount exceeds the recoverable amount;\n    (f) where subparagraph (d)(i) applies—the relevant amount; or\n    (g) where subparagraph (d)(ii) applies—the amount by which the sum mentioned in that subparagraph exceeds the recoverable amount.\n  (3) Nothing in this section renders a person liable to pay an amount to a defendant in relation to a foreign judgment given by a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings in which the foreign judgment was given, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings in which the foreign judgment was given, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (4) Where a judgment in relation to which an instrument has been made under paragraph 9(1)(d) was given against 2 or more defendants, subsection (2) of this section has effect in relation to each of those defendants as if the references in that subsection to an amount specified in the instrument were references to the amount ascertained by dividing the amount specified in the instrument by the number of defendants against whom the judgment was given.\n  (5) Where a corporation that is the plaintiff in relation to a foreign judgment is, by virtue of this section, liable to pay an amount to the person who is the defendant in relation to that foreign judgment, any corporation that is related to that first‑mentioned corporation is jointly and severally liable with that first‑mentioned corporation to pay that amount to that person.\n  (6) A reference in this section to a person other than the plaintiff recovering an amount pursuant to a foreign judgment is a reference to any person recovering any amount pursuant to the foreign judgment, whether as the successor to the plaintiff, as an assignee of the rights of the plaintiff under the judgment or otherwise.\n  (7) A proceeding in respect of a cause of action arising under this section shall not be commenced after the expiration of the period of 3 years commencing on the date on which the cause of action arises.\n  (8) For the purposes of subsection (7), a cause of action under this section in respect of the recovery of an amount pursuant to a foreign judgment in relation to which an instrument has been made under section 9 shall, where the amount was recovered pursuant to the foreign judgment before the making of the instrument, be taken to have arisen when the instrument comes into force for the purposes of this section.\n  (9) In this section:\n\n> defendant in relation to a foreign judgment, means a person against whom the foreign judgment was given;\n\n> foreign judgment means a judgment for multiple damages given by a foreign court in antitrust proceedings to which this Part applies, or any other judgment given by a foreign court in antitrust proceedings to which this Part applies;\n\n> plaintiff, in relation to a foreign judgment, means the person or persons in whose favour the foreign judgment was given.\n\n#### 10A Declarations under section 9—coming into force\n\n  (1) An instrument under subsection 9(1) comes into force for the purposes of section 10 on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: See subsection 10(8).\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the instrument under subsection 9(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.\n  (3) To avoid doubt, subsections (1) and (2) do not affect the operation of subsection 12(1) of the Legislation Act 2003 in relation to the coming into force of the instrument under subsection 9(1) of this Act for any other purpose.\n\n> Note: Subsection 12(1) of the Legislation Act 2003 provides that a legislative instrument commences on the day it is registered under that Act, or otherwise as provided by the instrument.\n\n#### 11 Defendant may recover reasonable costs and expenses\n\n  (1) Subject to subsection (2), where:\n    (a) private proceedings, being antitrust proceedings to which this Part applies, are instituted in or before a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country;\n    (b) the private proceedings are prescribed proceedings;\n    (c) under any law that is applicable in relation to those proceedings, only the plaintiff is entitled to recover any amount in respect of his or her costs in the proceedings; and\n    (d) the Attorney‑General is satisfied that:\n    (i) the making of an order under this section in relation to those proceedings is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by that court, or the exercise of a power or the manner of exercise of a power by that court, in those proceedings was contrary to international law or inconsistent with international comity or international practice;\n    the Attorney‑General may make an order that the plaintiff in those proceedings is liable or, if the plaintiff is a corporation, the plaintiff and any related corporation are jointly and severally liable, to pay to a defendant in the proceedings an amount equal to the reasonable costs of, and expenses incidental to, the proceedings (in this section referred to as recoverable costs and expenses), being costs and expenses incurred by the defendant and including, without limiting the generality of the foregoing, any costs or expenses associated with obtaining legal advice in connection with, or legal representation in or in connection with, the proceedings, and that order has effect accordingly.\n  (2) Nothing in this section renders a person liable to pay an amount to a defendant in proceedings instituted in or before a court of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (3) Proceedings in respect of a cause of action arising under this section (in this subsection referred to as costs proceedings) in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted, notwithstanding that the foreign proceedings are still pending, in respect of recoverable costs and expenses that have been incurred by a defendant in the foreign proceedings at any time before he or she institutes the costs proceedings (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection), and the institution of costs proceedings under this section in relation to foreign proceedings that are still pending does not prevent the defendant from instituting costs proceedings, after judgment has been given in the foreign proceedings or the foreign proceedings have been discontinued or otherwise terminated, in respect of recoverable costs and expenses (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection).\n  (4) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted by a defendant in the foreign proceedings notwithstanding that judgment has been given in favour of the plaintiff in the foreign proceedings.\n  (5) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) shall not be commenced after the expiration of the period of 3 years commencing on the date on which judgment is given in the foreign proceedings, or the foreign proceedings are discontinued or otherwise terminated.\n\n#### 12 Enforcement of judgments under reciprocal agreement\n\n  (1) Where:\n    (a) an agreement is in force between Australia and another country that makes provision for the enforcement in that other country of judgments obtained in proceedings in respect of certain causes of action arising under section 10, or in respect of all causes of action arising under that section, and also:\n    (i) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to judgments for multiple damages within the meaning of subsection 3(3), whether or not that last‑mentioned provision corresponds to section 10; or\n    (ii) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country that corresponds to section 10; and\n    (b) a person has obtained a judgment in a proceeding instituted under a provision of the law of that other country referred to in subparagraph (a)(i) or (ii);\n  the Attorney‑General may, by legislative instrument, make an order declaring that the judgment referred to in paragraph (b), to the extent that it has not been satisfied when the order is made, may be enforced in Australia.\n  (2) Where an order made under subsection (1) in relation to a judgment is in force, the judgment creditor may apply to the Court, at any time within 3 years after the date of the making of the order, to have the judgment registered in the Court.\n  (3) Subject to subsection (4) and to the regulations, the Court shall, on an application under subsection (2) for the registration of a judgment, order the judgment to be registered.\n  (4) A judgment shall not be registered under this section if, at the date of the application for registration of the judgment, the judgment has been wholly satisfied.\n  (5) If, at the date of the application for registration of a judgment under this section, the judgment has been partly satisfied, the judgment shall not be registered in respect of the whole amount payable under the judgment but shall be registered only in respect of the balance remaining payable at that date.\n  (6) Where a judgment is registered under this section, in addition to the amount payable under the judgment, the judgment shall be registered for the reasonable costs of and incidental to registration, including costs of obtaining a certified copy of the judgment from the court in which it was obtained.\n  (7) Subject to subsection (8) and any order of the Court made for the purposes of subsection (11):\n    (a) a judgment registered under this section is, for the purposes of execution, of the same force and effect;\n    (b) proceedings may be taken on such a judgment; and\n    (c) the sum for which such a judgment is registered carries interest;\n  as if the judgment were a final judgment originally given in the Court and entered on the date of registration.\n  (8) Execution shall not issue on a judgment registered under this section so long as, under this section and any Rules of Court, it is competent for any person to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.\n  (9) On an application in that behalf duly made to the Court by a person against whom a judgment registered under this section may be enforced, the registration of the judgment shall be set aside if the Court is satisfied that the judgment:\n    (a) is not a judgment in respect of which an order made under subsection (1) is in force;\n    (b) was registered in contravention of this section;\n    (c) has been reversed on appeal or otherwise set aside in the country in which the judgment was obtained; or\n    (d) has, since registration, been wholly satisfied in Australia or in any other country.\n  (9A) The power of the Federal Court of Australia to make Rules of Court extends to making rules in relation to:\n    (a) the fixing of a period within which an application may be made to have the registration of a judgment set aside; and\n    (b) the extension of such a period.\n  (10) If, on an application under subsection (9) in relation to a judgment, the judgment is found to have been partly satisfied in Australia or any other country, the amount for which it is registered in the Court shall be reduced by the amount by which it has been partially satisfied.\n  (11) If, on an application under subsection (9), the Court is satisfied either that an appeal is pending, or that a person is entitled and intends to appeal, against the judgment in the country in which it was obtained, the Court, if it thinks fit, may, on such terms as it thinks just, including terms relating to the suspension of the execution of the judgment, adjourn the application until after the expiration of such period as appears to the Court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the relevant tribunal.\n  (12) Where an application under subsection (9) has been adjourned under subsection (11), the Court shall, on the expiration of the period of adjournment, deal with the application.\n  (13) For the purposes of this section, the amount payable under a judgment in a proceeding instituted under a provision of the law of a country other than Australia shall be taken to include any interest that by the law of that country becomes due on the judgment up to the time of the registration of the judgment under this section.\n  (14) In this section, judgment creditor, in relation to a judgment, means the person or persons in whose favour the judgment was given and includes the person or persons in whom the rights under the judgment have become vested by succession, assignment or otherwise.\n\n#### 12A Declarations under section 12—coming into force\n\n  (1) Despite subsection 12(1) of the Legislation Act 2003, an order under subsection 12(1) of this Act comes into force on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: Subsection 12(1) of the Legislation Act 2003 deals with the commencement of legislative instruments.\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the order under subsection 12(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.\n\n## Part III—Actions and decisions of foreign governments affecting Australia\n\n#### 13 Attorney‑General may make orders relating to actions or decisions\n\n  (1) Where:\n    (a) under a law of a country other than Australia, being a law that regulates or controls the trade or commerce of that country with another country or other countries, or trade or commerce among other countries, action has been or is proposed to be taken, or a decision has been or is proposed to be made, by or on behalf of the government of that first‑mentioned country or by or on behalf of an agency or instrumentality, whether corporate or unincorporated, of that government;\n    (b) the action or decision imposes, or would impose, on:\n    (i) a natural person who is an Australian citizen or a resident of Australia; or\n    (ii) a corporation that is incorporated or carries on business in Australia;\n    an obligation of any kind (including an obligation to refrain from doing any act or thing), being an obligation that could be, or must be, performed in Australia; and\n    (c) that action or decision, or the performance of any obligation imposed by that action or decision:\n    (i) relates to or affects, or would relate to or affect, trade or commerce with other countries or among the States;\n    (ii) relates to or affects, or would relate to or affect, the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relates to or affects, or would relate to or affect, banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relates to or affects, or would relate to or affect, insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (v) constitutes, or would constitute, an external affair;\n  the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the obligation is desirable for the protection of the national interest, by legislative instrument, make an order that prohibits the performance of that obligation in Australia by the person or corporation referred to in paragraph (b).\n  (2) An order made under subsection (1) may prohibit the performance of an obligation:\n    (a) absolutely;\n    (b) in such cases as are specified in the order; or\n    (c) subject to such conditions as to consent or as to other matters as are specified in the order.\n\n## Part IV—Prohibition on giving effect to certain foreign judgments\n\n#### 14 Attorney‑General may prohibit compliance with foreign judgments etc.\n\n  (1) A reference in this section to a relevant judgment is a reference to a judgment (including an injunction) that, whether expressly or by necessary implication:\n    (a) requires an act or thing to be done in Australia;\n    (b) prohibits the doing of an act or thing in Australia; or\n    (c) requires a person to refrain from conduct in Australia;\n  where the doing of the act or thing, the refraining from doing the act or thing or the refraining from conduct, as the case may be, would:\n    (d) relate to or affect trade or commerce with other countries or among the States;\n    (e) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (f) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (g) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (h) constitute an external affair;\n  but does not include a reference to a judgment to the extent (if any) that the judgment expressly requires the payment of an amount of money.\n  (2) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the relevant judgment is desirable for the protection of the national interest, by legislative instrument, make an order prohibiting the person from complying with the relevant judgment in Australia.\n  (3) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that compliance in Australia by any other person with an order, requirement, request, direction or instruction that has been or may be made or given, by or on behalf of that first‑mentioned person:\n    (a) in accordance with the relevant judgment; or\n    (b) for the purpose of enabling that first‑mentioned person to comply with the relevant judgment;\n  would or might be detrimental to the national interest, by legislative instrument, make an order prohibiting compliance in Australia with any such order, requirement, request, direction or instruction that has been or may be made or given.\n  (4) An order under subsection (3) may be directed to a particular person, to persons included in a class of persons or to persons generally.\n  (5) Where the Attorney‑General makes an order under subsection (2) prohibiting compliance with a relevant judgment or an order under subsection (3) prohibiting compliance with an order, requirement, request, direction or instruction, the Attorney‑General may provide, in the order, that the relevant judgment or the order, requirement, request, direction or instruction, as the case may be, may be complied with in specified circumstances, and the circumstances that may be specified include the circumstance that the Attorney‑General has consented to that compliance.\n\n## Part V—Miscellaneous\n\n#### 16 Jurisdiction of Federal Court\n\n  (1) Jurisdiction is conferred on the High Court with respect to matters arising under section 8.\n  (2) Jurisdiction is conferred on the Court with respect to matters arising under sections 8, 10, 11, 12 and 18, and, subject to subsection (1), that jurisdiction is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.\n\n#### 17 Service of notice of orders\n\n  Where the Attorney‑General makes an order under this Act that is directed to a particular person, the Attorney‑General shall:\n    (a) except in a case to which paragraph (b) applies, cause to be sent to the person by registered post addressed to the person:\n    (i) in the case of a natural person—at his or her last known address in Australia; or\n    (ii) in the case of a body corporate—at the registered office of the body corporate, or the principal place of business of the body corporate, in Australia;\n    a copy of the order; or\n    (b) if the person, being a natural person, does not have an address in Australia, or being a body corporate, does not have a registered office or principal place of business in Australia, cause such steps to be taken as are, in the opinion of the Attorney‑General, reasonable and practicable, to bring to the attention of the person the content of the order.\n\n#### 18 Offences\n\n  (1) A person who contravenes an order by the Attorney‑General in force under section 7, 13 or 14 that is applicable to him or her commits an offence punishable, on conviction:\n    (a) in the case of a person who is a natural person—by imprisonment for a period not exceeding 12 months or a fine not exceeding 500 penalty units, or both; or\n    (b) in the case of a person that is a corporation—by a fine not exceeding 2,500 penalty units.\n  (2) An offence referred to in subsection (1) is not an indictable offence and is punishable on summary conviction.\n  (3) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(2) prohibiting compliance with a judgment if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the judgment concerned.\n  (4) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(3) prohibiting compliance with an order, requirement, request, direction or instruction if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the order, requirement, request, direction or instruction concerned.\n\n#### 19 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and in particular:\n    (c) making provision for and in relation to the service and execution of process of the Court in proceedings instituted under section 10 or 11 or in proceedings for the registration of judgments under section 12, including the manner in which and the extent to which the process of the Court, or notice of any such process, may be served out of the jurisdiction of the Court;\n    (d) making provision for and in relation to the proof by affidavit or otherwise of any matter relating to the registration of judgments under section 12;\n    (e) making provision for and in relation to the enforcement and execution of judgments of the Court given in proceedings instituted under this Act or of judgments registered under section 12; and\n    (f) making provision for and in relation to the determination of the rate of exchange applicable where, for the purposes of the application of this Act, it is necessary to express in Australian currency an amount of foreign currency.\n  (2) Subsection 12(2) of the Legislation Act 2003 does not apply to regulations prescribing an authority for the purposes of the definition of foreign court in subsection 3(1) of this Act.\n\n> Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments (such as regulations).\n\n#### 20 Repeal etc.\n\n  (1) The following Acts are repealed:\n  Foreign Proceedings (Prohibition of Certain Evidence) Act 1976\n  Foreign Proceedings (Prohibition of Certain Evidence) Amendment Act 1976\n  Foreign Antitrust Judgments (Restriction of Enforcement) Act 1979.\n  (2) An order that:\n    (a) was made under section 5 of the Foreign Proceedings (Prohibition of Certain Evidence) Act 1976; and\n    (b) was in force immediately before the commencement of this Act;\n  has, from the commencement of this Act, such force and effect as it would have if it had been made under section 7 of this Act and had come into force at the commencement of this Act and:\n    (c) the provisions of this Act (other than sections 15 and 17) apply in relation to the order; and\n    (d) the order may be revoked or varied;\n  as if the order had been made under section 7 of this Act.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Enforceability of judgments given in foreign antitrust proceedings","content":"#### 9 Enforceability of judgments given in foreign antitrust proceedings\n\n  (1) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment; and\n    (b) the Attorney‑General is satisfied that:\n    (i) the making of an instrument under this subsection in relation to the judgment is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by the foreign court, or the exercise of a power or the manner of exercise of a power by the foreign court, was contrary to international law or inconsistent with international comity or international practice;\n  the Attorney‑General may:\n    (c) in the case of any judgment—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment; or\n    (d) in the case of a judgment for a specified amount of money—by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph (b)(i) or (ii) in relation to the judgment, and specify in the instrument an amount of money, being an amount that is less than the amount of the judgment, for the purposes of paragraph (2)(b).\n  (2) While an instrument made by the Attorney‑General under subsection (1) in relation to a judgment is in force:\n    (a) where the Attorney‑General has not, in the instrument, specified an amount of money for the purposes of paragraph (b)—the judgment shall not be recognized and is not enforceable in Australia; or\n    (b) where the Attorney‑General has, in the instrument, specified an amount of money for the purposes of this paragraph—the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment, and not otherwise.\n  (3) Nothing in this section enables a judgment to be recognized or enforced in Australia if, apart from this Act, the judgment would not be able to be recognized or enforced in Australia.\n  (4) Where:\n    (a) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to a judgment, specifying an amount of money for the purposes of paragraph (2)(b); and\n    (b) by virtue of paragraph (2)(b), the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment;\n  any amounts recovered (whether before or after the making of the instrument) pursuant to the judgment in a country other than Australia shall, for the purposes of the recognition or enforcement of that judgment in Australia but for no other purposes, be taken to have been recovered pursuant to the judgment in Australia.\n  (5) Where:\n    (a) a foreign court has, in antitrust proceedings to which this Part applies, given a judgment against 2 or more defendants; and\n    (b) there is in force an instrument, made by the Attorney‑General under paragraph (1)(d) in relation to the judgment, specifying an amount of money for the purposes of paragraph (2)(b) (in this subsection referred to as the specified amount);\n  paragraph (2)(b) has effect, in relation to each defendant, as if the Attorney‑General had, in the instrument, specified for the purposes of paragraph (2)(b) an amount ascertained by dividing the specified amount by the number of defendants against whom the judgment was given.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Defendant in antitrust proceedings may recover against person who has enforced judgment","content":"#### 10 Defendant in antitrust proceedings may recover against person who has enforced judgment\n\n  (1) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(c) in relation to a foreign judgment; and\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the amount mentioned in paragraph (b), the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to the amount recovered pursuant to the foreign judgment as mentioned in paragraph (b).\n  (2) Subject to subsection (3), where:\n    (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(d) in relation to a foreign judgment specifying an amount of money for the purposes of paragraph 9(2)(b) (in this subsection referred to as the recoverable amount);\n    (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment (in this subsection referred to as the relevant amount );\n    (c) in a case where, before the recovery of the relevant amount, neither the plaintiff nor any other person had recovered any amount from the defendant pursuant to that foreign judgment in Australia or in any other country—the relevant amount exceeds the recoverable amount; and\n    (d) in a case to which paragraph (c) does not apply:\n    (i) the amount recovered, or the sum of the amounts recovered, (whether by the plaintiff or by any other person) from the defendant in Australia or in any other country or countries pursuant to that foreign judgment before the recovery of the relevant amount exceeds, or is equal to, the recoverable amount; or\n    (ii) subparagraph (i) does not apply but the sum of the relevant amount and the amount or amounts recovered as mentioned in that subparagraph exceeds the recoverable amount;\n  then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the relevant amount, the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to:\n    (e) where paragraph (c) applies—the amount by which the relevant amount exceeds the recoverable amount;\n    (f) where subparagraph (d)(i) applies—the relevant amount; or\n    (g) where subparagraph (d)(ii) applies—the amount by which the sum mentioned in that subparagraph exceeds the recoverable amount.\n  (3) Nothing in this section renders a person liable to pay an amount to a defendant in relation to a foreign judgment given by a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings in which the foreign judgment was given, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings in which the foreign judgment was given, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (4) Where a judgment in relation to which an instrument has been made under paragraph 9(1)(d) was given against 2 or more defendants, subsection (2) of this section has effect in relation to each of those defendants as if the references in that subsection to an amount specified in the instrument were references to the amount ascertained by dividing the amount specified in the instrument by the number of defendants against whom the judgment was given.\n  (5) Where a corporation that is the plaintiff in relation to a foreign judgment is, by virtue of this section, liable to pay an amount to the person who is the defendant in relation to that foreign judgment, any corporation that is related to that first‑mentioned corporation is jointly and severally liable with that first‑mentioned corporation to pay that amount to that person.\n  (6) A reference in this section to a person other than the plaintiff recovering an amount pursuant to a foreign judgment is a reference to any person recovering any amount pursuant to the foreign judgment, whether as the successor to the plaintiff, as an assignee of the rights of the plaintiff under the judgment or otherwise.\n  (7) A proceeding in respect of a cause of action arising under this section shall not be commenced after the expiration of the period of 3 years commencing on the date on which the cause of action arises.\n  (8) For the purposes of subsection (7), a cause of action under this section in respect of the recovery of an amount pursuant to a foreign judgment in relation to which an instrument has been made under section 9 shall, where the amount was recovered pursuant to the foreign judgment before the making of the instrument, be taken to have arisen when the instrument comes into force for the purposes of this section.\n  (9) In this section:\n\n> defendant in relation to a foreign judgment, means a person against whom the foreign judgment was given;\n\n> foreign judgment means a judgment for multiple damages given by a foreign court in antitrust proceedings to which this Part applies, or any other judgment given by a foreign court in antitrust proceedings to which this Part applies;\n\n> plaintiff, in relation to a foreign judgment, means the person or persons in whose favour the foreign judgment was given.","sortOrder":14},{"sectionNumber":"10A","sectionType":"section","heading":"Declarations under section 9—coming into force","content":"#### 10A Declarations under section 9—coming into force\n\n  (1) An instrument under subsection 9(1) comes into force for the purposes of section 10 on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: See subsection 10(8).\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the instrument under subsection 9(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.\n  (3) To avoid doubt, subsections (1) and (2) do not affect the operation of subsection 12(1) of the Legislation Act 2003 in relation to the coming into force of the instrument under subsection 9(1) of this Act for any other purpose.\n\n> Note: Subsection 12(1) of the Legislation Act 2003 provides that a legislative instrument commences on the day it is registered under that Act, or otherwise as provided by the instrument.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Defendant may recover reasonable costs and expenses","content":"#### 11 Defendant may recover reasonable costs and expenses\n\n  (1) Subject to subsection (2), where:\n    (a) private proceedings, being antitrust proceedings to which this Part applies, are instituted in or before a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country;\n    (b) the private proceedings are prescribed proceedings;\n    (c) under any law that is applicable in relation to those proceedings, only the plaintiff is entitled to recover any amount in respect of his or her costs in the proceedings; and\n    (d) the Attorney‑General is satisfied that:\n    (i) the making of an order under this section in relation to those proceedings is desirable for the protection of the national interest; or\n    (ii) the assumption of jurisdiction or the manner of exercise of jurisdiction by that court, or the exercise of a power or the manner of exercise of a power by that court, in those proceedings was contrary to international law or inconsistent with international comity or international practice;\n    the Attorney‑General may make an order that the plaintiff in those proceedings is liable or, if the plaintiff is a corporation, the plaintiff and any related corporation are jointly and severally liable, to pay to a defendant in the proceedings an amount equal to the reasonable costs of, and expenses incidental to, the proceedings (in this section referred to as recoverable costs and expenses), being costs and expenses incurred by the defendant and including, without limiting the generality of the foregoing, any costs or expenses associated with obtaining legal advice in connection with, or legal representation in or in connection with, the proceedings, and that order has effect accordingly.\n  (2) Nothing in this section renders a person liable to pay an amount to a defendant in proceedings instituted in or before a court of a country other than Australia or of a part of such a country unless:\n    (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings, was ordinarily resident in that country;\n    (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings, was in that country; or\n    (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.\n  (3) Proceedings in respect of a cause of action arising under this section (in this subsection referred to as costs proceedings) in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted, notwithstanding that the foreign proceedings are still pending, in respect of recoverable costs and expenses that have been incurred by a defendant in the foreign proceedings at any time before he or she institutes the costs proceedings (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection), and the institution of costs proceedings under this section in relation to foreign proceedings that are still pending does not prevent the defendant from instituting costs proceedings, after judgment has been given in the foreign proceedings or the foreign proceedings have been discontinued or otherwise terminated, in respect of recoverable costs and expenses (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection).\n  (4) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted by a defendant in the foreign proceedings notwithstanding that judgment has been given in favour of the plaintiff in the foreign proceedings.\n  (5) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) shall not be commenced after the expiration of the period of 3 years commencing on the date on which judgment is given in the foreign proceedings, or the foreign proceedings are discontinued or otherwise terminated.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Enforcement of judgments under reciprocal agreement","content":"#### 12 Enforcement of judgments under reciprocal agreement\n\n  (1) Where:\n    (a) an agreement is in force between Australia and another country that makes provision for the enforcement in that other country of judgments obtained in proceedings in respect of certain causes of action arising under section 10, or in respect of all causes of action arising under that section, and also:\n    (i) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to judgments for multiple damages within the meaning of subsection 3(3), whether or not that last‑mentioned provision corresponds to section 10; or\n    (ii) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country that corresponds to section 10; and\n    (b) a person has obtained a judgment in a proceeding instituted under a provision of the law of that other country referred to in subparagraph (a)(i) or (ii);\n  the Attorney‑General may, by legislative instrument, make an order declaring that the judgment referred to in paragraph (b), to the extent that it has not been satisfied when the order is made, may be enforced in Australia.\n  (2) Where an order made under subsection (1) in relation to a judgment is in force, the judgment creditor may apply to the Court, at any time within 3 years after the date of the making of the order, to have the judgment registered in the Court.\n  (3) Subject to subsection (4) and to the regulations, the Court shall, on an application under subsection (2) for the registration of a judgment, order the judgment to be registered.\n  (4) A judgment shall not be registered under this section if, at the date of the application for registration of the judgment, the judgment has been wholly satisfied.\n  (5) If, at the date of the application for registration of a judgment under this section, the judgment has been partly satisfied, the judgment shall not be registered in respect of the whole amount payable under the judgment but shall be registered only in respect of the balance remaining payable at that date.\n  (6) Where a judgment is registered under this section, in addition to the amount payable under the judgment, the judgment shall be registered for the reasonable costs of and incidental to registration, including costs of obtaining a certified copy of the judgment from the court in which it was obtained.\n  (7) Subject to subsection (8) and any order of the Court made for the purposes of subsection (11):\n    (a) a judgment registered under this section is, for the purposes of execution, of the same force and effect;\n    (b) proceedings may be taken on such a judgment; and\n    (c) the sum for which such a judgment is registered carries interest;\n  as if the judgment were a final judgment originally given in the Court and entered on the date of registration.\n  (8) Execution shall not issue on a judgment registered under this section so long as, under this section and any Rules of Court, it is competent for any person to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.\n  (9) On an application in that behalf duly made to the Court by a person against whom a judgment registered under this section may be enforced, the registration of the judgment shall be set aside if the Court is satisfied that the judgment:\n    (a) is not a judgment in respect of which an order made under subsection (1) is in force;\n    (b) was registered in contravention of this section;\n    (c) has been reversed on appeal or otherwise set aside in the country in which the judgment was obtained; or\n    (d) has, since registration, been wholly satisfied in Australia or in any other country.\n  (9A) The power of the Federal Court of Australia to make Rules of Court extends to making rules in relation to:\n    (a) the fixing of a period within which an application may be made to have the registration of a judgment set aside; and\n    (b) the extension of such a period.\n  (10) If, on an application under subsection (9) in relation to a judgment, the judgment is found to have been partly satisfied in Australia or any other country, the amount for which it is registered in the Court shall be reduced by the amount by which it has been partially satisfied.\n  (11) If, on an application under subsection (9), the Court is satisfied either that an appeal is pending, or that a person is entitled and intends to appeal, against the judgment in the country in which it was obtained, the Court, if it thinks fit, may, on such terms as it thinks just, including terms relating to the suspension of the execution of the judgment, adjourn the application until after the expiration of such period as appears to the Court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the relevant tribunal.\n  (12) Where an application under subsection (9) has been adjourned under subsection (11), the Court shall, on the expiration of the period of adjournment, deal with the application.\n  (13) For the purposes of this section, the amount payable under a judgment in a proceeding instituted under a provision of the law of a country other than Australia shall be taken to include any interest that by the law of that country becomes due on the judgment up to the time of the registration of the judgment under this section.\n  (14) In this section, judgment creditor, in relation to a judgment, means the person or persons in whose favour the judgment was given and includes the person or persons in whom the rights under the judgment have become vested by succession, assignment or otherwise.","sortOrder":17},{"sectionNumber":"12A","sectionType":"section","heading":"Declarations under section 12—coming into force","content":"#### 12A Declarations under section 12—coming into force\n\n  (1) Despite subsection 12(1) of the Legislation Act 2003, an order under subsection 12(1) of this Act comes into force on a day fixed by the Attorney‑General by notifiable instrument.\n\n> Note 1: Subsection 12(1) of the Legislation Act 2003 deals with the commencement of legislative instruments.\n\n> Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (2) The Attorney‑General must not fix a day under subsection (1) that is earlier than the first day the Attorney‑General is satisfied that the order under subsection 12(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act 2003.","sortOrder":18},{"sectionNumber":"Part III","sectionType":"part","heading":"Actions and decisions of foreign governments affecting Australia","content":"## Part III—Actions and decisions of foreign governments affecting Australia","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Attorney‑General may make orders relating to actions or decisions","content":"#### 13 Attorney‑General may make orders relating to actions or decisions\n\n  (1) Where:\n    (a) under a law of a country other than Australia, being a law that regulates or controls the trade or commerce of that country with another country or other countries, or trade or commerce among other countries, action has been or is proposed to be taken, or a decision has been or is proposed to be made, by or on behalf of the government of that first‑mentioned country or by or on behalf of an agency or instrumentality, whether corporate or unincorporated, of that government;\n    (b) the action or decision imposes, or would impose, on:\n    (i) a natural person who is an Australian citizen or a resident of Australia; or\n    (ii) a corporation that is incorporated or carries on business in Australia;\n    an obligation of any kind (including an obligation to refrain from doing any act or thing), being an obligation that could be, or must be, performed in Australia; and\n    (c) that action or decision, or the performance of any obligation imposed by that action or decision:\n    (i) relates to or affects, or would relate to or affect, trade or commerce with other countries or among the States;\n    (ii) relates to or affects, or would relate to or affect, the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (iii) relates to or affects, or would relate to or affect, banking, other than State banking not extending beyond the limits of the State concerned;\n    (iv) relates to or affects, or would relate to or affect, insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (v) constitutes, or would constitute, an external affair;\n  the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the obligation is desirable for the protection of the national interest, by legislative instrument, make an order that prohibits the performance of that obligation in Australia by the person or corporation referred to in paragraph (b).\n  (2) An order made under subsection (1) may prohibit the performance of an obligation:\n    (a) absolutely;\n    (b) in such cases as are specified in the order; or\n    (c) subject to such conditions as to consent or as to other matters as are specified in the order.","sortOrder":20},{"sectionNumber":"Part IV","sectionType":"part","heading":"Prohibition on giving effect to certain foreign judgments","content":"## Part IV—Prohibition on giving effect to certain foreign judgments","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Attorney‑General may prohibit compliance with foreign judgments etc.","content":"#### 14 Attorney‑General may prohibit compliance with foreign judgments etc.\n\n  (1) A reference in this section to a relevant judgment is a reference to a judgment (including an injunction) that, whether expressly or by necessary implication:\n    (a) requires an act or thing to be done in Australia;\n    (b) prohibits the doing of an act or thing in Australia; or\n    (c) requires a person to refrain from conduct in Australia;\n  where the doing of the act or thing, the refraining from doing the act or thing or the refraining from conduct, as the case may be, would:\n    (d) relate to or affect trade or commerce with other countries or among the States;\n    (e) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;\n    (f) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;\n    (g) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned; or\n    (h) constitute an external affair;\n  but does not include a reference to a judgment to the extent (if any) that the judgment expressly requires the payment of an amount of money.\n  (2) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that the making of an order under this subsection in relation to the relevant judgment is desirable for the protection of the national interest, by legislative instrument, make an order prohibiting the person from complying with the relevant judgment in Australia.\n  (3) Where a foreign court has given a relevant judgment against a person, the Attorney‑General may, if he or she is satisfied that compliance in Australia by any other person with an order, requirement, request, direction or instruction that has been or may be made or given, by or on behalf of that first‑mentioned person:\n    (a) in accordance with the relevant judgment; or\n    (b) for the purpose of enabling that first‑mentioned person to comply with the relevant judgment;\n  would or might be detrimental to the national interest, by legislative instrument, make an order prohibiting compliance in Australia with any such order, requirement, request, direction or instruction that has been or may be made or given.\n  (4) An order under subsection (3) may be directed to a particular person, to persons included in a class of persons or to persons generally.\n  (5) Where the Attorney‑General makes an order under subsection (2) prohibiting compliance with a relevant judgment or an order under subsection (3) prohibiting compliance with an order, requirement, request, direction or instruction, the Attorney‑General may provide, in the order, that the relevant judgment or the order, requirement, request, direction or instruction, as the case may be, may be complied with in specified circumstances, and the circumstances that may be specified include the circumstance that the Attorney‑General has consented to that compliance.","sortOrder":22},{"sectionNumber":"Part V","sectionType":"part","heading":"Miscellaneous","content":"## Part V—Miscellaneous","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Jurisdiction of Federal Court","content":"#### 16 Jurisdiction of Federal Court\n\n  (1) Jurisdiction is conferred on the High Court with respect to matters arising under section 8.\n  (2) Jurisdiction is conferred on the Court with respect to matters arising under sections 8, 10, 11, 12 and 18, and, subject to subsection (1), that jurisdiction is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Service of notice of orders","content":"#### 17 Service of notice of orders\n\n  Where the Attorney‑General makes an order under this Act that is directed to a particular person, the Attorney‑General shall:\n    (a) except in a case to which paragraph (b) applies, cause to be sent to the person by registered post addressed to the person:\n    (i) in the case of a natural person—at his or her last known address in Australia; or\n    (ii) in the case of a body corporate—at the registered office of the body corporate, or the principal place of business of the body corporate, in Australia;\n    a copy of the order; or\n    (b) if the person, being a natural person, does not have an address in Australia, or being a body corporate, does not have a registered office or principal place of business in Australia, cause such steps to be taken as are, in the opinion of the Attorney‑General, reasonable and practicable, to bring to the attention of the person the content of the order.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Offences","content":"#### 18 Offences\n\n  (1) A person who contravenes an order by the Attorney‑General in force under section 7, 13 or 14 that is applicable to him or her commits an offence punishable, on conviction:\n    (a) in the case of a person who is a natural person—by imprisonment for a period not exceeding 12 months or a fine not exceeding 500 penalty units, or both; or\n    (b) in the case of a person that is a corporation—by a fine not exceeding 2,500 penalty units.\n  (2) An offence referred to in subsection (1) is not an indictable offence and is punishable on summary conviction.\n  (3) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(2) prohibiting compliance with a judgment if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the judgment concerned.\n  (4) It is a defence to a prosecution for an offence constituted by contravening an order in force under subsection 14(3) prohibiting compliance with an order, requirement, request, direction or instruction if it is proved that the conduct that is alleged to have constituted a contravention of the order was not engaged in for the purpose of complying with the order, requirement, request, direction or instruction concerned.","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and in particular:\n    (c) making provision for and in relation to the service and execution of process of the Court in proceedings instituted under section 10 or 11 or in proceedings for the registration of judgments under section 12, including the manner in which and the extent to which the process of the Court, or notice of any such process, may be served out of the jurisdiction of the Court;\n    (d) making provision for and in relation to the proof by affidavit or otherwise of any matter relating to the registration of judgments under section 12;\n    (e) making provision for and in relation to the enforcement and execution of judgments of the Court given in proceedings instituted under this Act or of judgments registered under section 12; and\n    (f) making provision for and in relation to the determination of the rate of exchange applicable where, for the purposes of the application of this Act, it is necessary to express in Australian currency an amount of foreign currency.\n  (2) Subsection 12(2) of the Legislation Act 2003 does not apply to regulations prescribing an authority for the purposes of the definition of foreign court in subsection 3(1) of this Act.\n\n> Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments (such as regulations).","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Repeal etc.","content":"#### 20 Repeal etc.\n\n  (1) The following Acts are repealed:\n  Foreign Proceedings (Prohibition of Certain Evidence) Act 1976\n  Foreign Proceedings (Prohibition of Certain Evidence) Amendment Act 1976\n  Foreign Antitrust Judgments (Restriction of Enforcement) Act 1979.\n  (2) An order that:\n    (a) was made under section 5 of the Foreign Proceedings (Prohibition of Certain Evidence) Act 1976; and\n    (b) was in force immediately before the commencement of this Act;\n  has, from the commencement of this Act, such force and effect as it would have if it had been made under section 7 of this Act and had come into force at the commencement of this Act and:\n    (c) the provisions of this Act (other than sections 15 and 17) apply in relation to the order; and\n    (d) the order may be revoked or varied;\n  as if the order had been made under section 7 of this Act.","sortOrder":28}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"4(1) - definition of 'antitrust proceedings to which this Part applies'","severity":"medium","reasoning":"The definition in s4(1) states that 'antitrust proceedings to which this Part applies' means proceedings 'where those proceedings constitute proceedings to which this Part applies'. 'Proceedings to which this Part applies' is defined as proceedings to which the Part applies by virtue of section 5. While section 5 ultimately resolves the loop, the internal self-reference at the definitional stage is logically untidy and creates genuine interpretive difficulty about whether antitrust proceedings must independently satisfy section 5 or whether the inner reference to 'proceedings to which this Part applies' imports a separate requirement.","confidence":0.72,"description":"Circular definition: 'antitrust proceedings to which this Part applies' is defined partly by reference to 'proceedings to which this Part applies', which is itself defined as proceedings to which the Part applies by virtue of section 5. The definition loops through itself before anchoring, creating a situation where the reader must already understand what the term means to understand what it means."},{"type":"circular_definition","section":"5(b), 5(c), 5(d) - Application of Part","severity":"medium","reasoning":"Paragraphs (b), (c) and (d) each depend on the existence of 'substantive proceedings', which are defined as proceedings under paragraph (a). This means paragraphs (b)-(d) cannot operate without paragraph (a) first being satisfied, yet structurally the section reads as if all four paragraphs are co-equal and independent. A naive reading would suggest paragraph (b) can apply without paragraph (a) being engaged. The structure creates logical ambiguity.","confidence":0.68,"description":"Paragraphs (b), (c) and (d) of section 5 define 'proceedings to which this Part applies' partly by reference to 'substantive proceedings', which is itself defined as 'proceedings to which this Part applies by virtue of paragraph 5(a)'. Paragraphs (b)-(d) therefore only operate if paragraph (a) first applies, yet the section presents all four paragraphs as independent grounds of application, implying they stand alone."},{"type":"self_contradicting","section":"9(2)(b) and 9(3)","severity":"medium","reasoning":"The policy intent of section 9 is to provide a mechanism to partially enforce a foreign antitrust judgment to the extent it does not represent an excess of jurisdiction (i.e., stripping out the punitive multiple-damages component). However, section 9(3) says the section cannot enable enforcement if the judgment was otherwise unenforceable. If the judgment was already enforceable without section 9, there would be no need for section 9. The section therefore only has work to do for judgments that, but for section 9, would not be enforceable — precisely the class that section 9(3) excludes from its operation.","confidence":0.65,"description":"Section 9(2)(b) permits a foreign judgment to be 'recognized or enforced in Australia' for the reduced specified amount, but section 9(3) provides that nothing in section 9 enables a judgment to be recognized or enforced in Australia if it could not otherwise be so recognised or enforced. This means section 9(2)(b) only enables enforcement of a reduced amount of a judgment that was already enforceable, making the entire curative mechanism of section 9(2)(b) potentially redundant for the most problematic judgments — those that could not otherwise be enforced."},{"type":"retroactive_impossibility","section":"10A(2)","severity":"low","reasoning":"The Act explicitly contemplates recovery occurring before the instrument is made (s10(1)(b): 'whether before or after the making of the instrument'). Section 10(8) then triggers the limitation period from when the instrument 'comes into force for the purposes of this section', which under section 10A cannot be earlier than after the disallowance period. This means a defendant who was paid out years before could find their cause of action arising and expiring within the same short window dictated by the Attorney-General's administrative timing decisions — a circumstance not clearly addressed or intended.","confidence":0.6,"description":"Section 10A(2) prevents the Attorney-General from fixing a commencement day for a section 9(1) instrument that is earlier than the day the instrument is no longer liable to be disallowed. This means the protective recovery right under section 10 cannot arise until after the disallowance period lapses, but section 10(1) and 10(2) expressly contemplate that amounts may have been 'recovered before the making of the instrument', and section 10(8) deems the cause of action to arise when the instrument 'comes into force for the purposes of this section'. The delayed commencement under section 10A interacts awkwardly with the retrospective recovery contemplated in section 10, potentially leaving a defendant who was paid out before the instrument was even made with a cause of action that does not arise until months later."},{"type":"impossible_compliance","section":"11(1)(c)","severity":"low","reasoning":"The practical effect of section 11 depends entirely on the plaintiff having Australian assets or submitting to Australian enforcement. A foreign plaintiff litigating in a foreign court under a foreign law that already immunises it from cost orders would simply ignore the Australian order. The Act creates a right of action but no extraterritorial enforcement mechanism, making the remedy largely illusory against the very class of plaintiff it targets.","confidence":0.62,"description":"Section 11 provides a right for an Australian defendant to recover costs from a foreign plaintiff, but a precondition is that 'under any law applicable to those proceedings, only the plaintiff is entitled to recover any amount in respect of his or her costs'. This is the 'American rule' on costs. However, the section then orders the plaintiff (who by hypothesis has no cost liability under the applicable foreign law) to pay costs to the defendant under Australian law. The Australian order has no direct enforcement mechanism in the foreign jurisdiction, meaning a foreign plaintiff with no Australian assets is effectively immune from the remedy — rendering the protection theoretical for the most adversarial foreign plaintiffs."},{"type":"other","section":"18(1) and 18(2)","severity":"low","reasoning":"While technically possible under Commonwealth law (cf. Judiciary Act), imprisoning individuals for up to 12 months via summary process for what is essentially a regulatory-compliance offence (failing to comply with an executive order) sits awkwardly with the general principle that significant deprivations of liberty require indictable process. The tension is real if not strictly contradictory.","confidence":0.5,"description":"Section 18(1) provides that contravention of an order is 'punishable, on conviction' by imprisonment or a fine. Section 18(2) then states the offence 'is not an indictable offence and is punishable on summary conviction'. In Australian law, imprisonment for more than 12 months is typically only available for indictable offences. The Act provides for up to 12 months imprisonment as a summary penalty, which is at the very outer limit of summary jurisdiction and raises questions about constitutional validity (Chapter III courts and limits of summary jurisdiction), though 12 months is not impossible for a summary offence."},{"type":"other","section":"20(2)(c)","severity":"medium","reasoning":"The text of section 20(2)(c) expressly carves out 'sections 15 and 17' from applying to transitional orders. Section 17 exists and deals with service. Section 15 does not appear in the Act. This is either a reference to a repealed provision (with no consequential fix) or a drafting error, both of which create interpretive uncertainty about what protections or obligations were intended to be excluded from transitional orders.","confidence":0.82,"description":"Section 20(2) saves orders made under the repealed Foreign Proceedings (Prohibition of Certain Evidence) Act 1976, treating them as if made under section 7 of the new Act, but then excludes 'section 15' from applying to those orders. However, there is no section 15 in the Act as reproduced — the sections jump from 14 to 16. Either section 15 was repealed without consequential amendment, or the reference is a drafting error to a provision that no longer exists."}],"contradictions":[{"severity":"low","section_a":"Section 8(1) — definition of 'Court' for injunctions","section_b":"Section 3(1) — definition of 'Court' generally","confidence":0.75,"description":"Section 3(1) defines 'Court' to mean the Federal Court of Australia throughout the Act. Section 8(1) then overrides this by locally redefining 'Court' (for the purposes of section 8 only) to mean either the High Court or the Federal Court. This creates an internal inconsistency: the general definition is displaced by a local override, which is permissible drafting practice but means that 'Court' means different things in different sections of the same Act without any general warning to that effect."},{"severity":"medium","section_a":"Section 16(1) — jurisdiction conferred on High Court for section 8 matters","section_b":"Section 16(2) — exclusive jurisdiction of Federal Court for section 8 matters","confidence":0.7,"description":"Section 16(1) confers jurisdiction on the High Court with respect to matters arising under section 8. Section 16(2) confers jurisdiction on the Federal Court for section 8 matters and declares that jurisdiction to be 'exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution'. The carve-out in section 16(2) only preserves the High Court's original jurisdiction under s75 of the Constitution — but section 16(1) confers jurisdiction more broadly (not limited to s75). This raises the question of whether the High Court's non-section-75 jurisdiction over section 8 matters (conferred by section 16(1)) survives the exclusivity declaration in section 16(2), or whether section 16(2) partially repeals section 16(1) by implication."},{"severity":"medium","section_a":"Section 8(4) — prohibition on Attorney-General applying to Federal Court if matter before High Court","section_b":"Section 16(2) — exclusive Federal Court jurisdiction over section 8 matters","confidence":0.63,"description":"Section 8(4) prohibits the Attorney-General from applying to the Federal Court for an injunction if the matter has been before the High Court. However, section 16(2) confers exclusive jurisdiction on the Federal Court over section 8 matters (subject only to s75 Constitution). If the High Court's jurisdiction over section 8 matters is confined to section 75 of the Constitution (original jurisdiction in certain defined matters), then there may be section 8 matters that the High Court cannot hear on a section 75 basis but the Attorney-General is nonetheless barred from bringing to the Federal Court once any High Court involvement has occurred, leaving those matters in a jurisdictional void."},{"severity":"high","section_a":"Section 9(2)(a) — judgment not enforceable in Australia","section_b":"Section 10(1) — defendant may recover amounts recovered pursuant to judgment 'in Australia or in any other country'","confidence":0.78,"description":"Under section 9(2)(a), while a declaration under section 9(1)(c) is in force, the foreign judgment 'shall not be recognized and is not enforceable in Australia'. Yet section 10(1) creates a cause of action for the defendant where the plaintiff has recovered from the defendant 'in Australia or in any other country' pursuant to that same judgment. If the judgment is not enforceable in Australia, how can the plaintiff have recovered 'in Australia' pursuant to it? The provision contemplates recovery in Australia from a judgment that is declared unenforceable in Australia, which is logically contradictory."},{"severity":"low","section_a":"Section 11(5) — 3-year limitation period running from judgment or termination of foreign proceedings","section_b":"Section 11(3) — costs proceedings may be brought while foreign proceedings are still pending","confidence":0.55,"description":"Section 11(3) expressly allows costs proceedings to be instituted while the foreign proceedings are still pending. Section 11(5) provides that costs proceedings 'shall not be commenced after the expiration of the period of 3 years commencing on the date on which judgment is given in the foreign proceedings, or the foreign proceedings are discontinued or otherwise terminated'. Read together, a defendant may institute costs proceedings while foreign proceedings are pending, yet the limitation period does not begin to run until those proceedings conclude. This is internally consistent but creates the anomaly that costs proceedings brought mid-litigation could theoretically be commenced, resolved, and then further costs proceedings brought again after judgment in the foreign court — with the section 11(5) limitation period only then commencing. The Act does not address preclusion by prior costs proceedings judgment."},{"severity":"medium","section_a":"Section 9(5) — per-defendant apportionment of specified amount","section_b":"Section 10(4) — per-defendant apportionment for section 10(2) recovery","confidence":0.72,"description":"Both sections 9(5) and 10(4) apportion the 'specified amount' equally among defendants by simple division. This equal division is mandated regardless of the relative liability of each defendant under the foreign judgment. Where a foreign court has apportioned liability unequally among defendants (e.g., 70%/30%), the Act mechanically divides the Australian-enforceable ceiling equally, producing a result inconsistent with the underlying judgment and potentially allowing a defendant with minor liability to recover more than their actual overpayment and a defendant with major liability to be under-compensated."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's stated purpose — evidence control in foreign proceedings and rights of action regarding foreign judgment enforcement — was originally narrower, being focused on responding to US antitrust (competition law) overreach. However, the final Act broadened significantly beyond antitrust to include: (1) blocking compliance with any foreign court judgment affecting conduct in Australia (Part IV, section 14); (2) prohibiting compliance with foreign government trade directives generally (Part III, section 13); and (3) a broad evidence-blocking power not limited to antitrust proceedings (Part II Division 2). The Act consolidated and expanded three prior Acts (repealed by section 20), indicating a deliberate broadening of scope beyond the original antitrust focus into a general framework for resisting foreign jurisdictional overreach across trade, commerce, banking and insurance."},"complexity_factors":["Multiple interlocking Parts with cross-referencing definitions that apply only within specific Parts (e.g., separate definitions in Part II vs the whole Act)","Highly technical 'multiple damages' recovery calculation mechanism in section 10 with multiple nested conditional scenarios (paragraphs (c), (d)(i) and (d)(ii) with different outcomes)","The mechanism for instruments coming into force is split across sections 9, 10, 10A and the Legislation Act 2003, requiring careful cross-reading to understand when an Attorney-General declaration actually has legal effect","Broad and vaguely defined triggers for Attorney-General action (e.g., 'national interest', 'international comity') giving wide executive discretion that is difficult to predict","The jurisdictional scope criteria in sections 5 and 13 mirror constitutional heads of power (trade and commerce, corporations, banking, insurance, external affairs), requiring knowledge of Australian constitutional law to fully understand the reach of the Act","Section 10 creates a novel private right of action that reverses the usual plaintiff/defendant dynamic — the foreign judgment loser can sue the foreign judgment winner in Australia","The Act covers four distinct legal regimes (evidence blocking, antitrust judgment enforcement, foreign government orders, general foreign judgment compliance) each with separate triggers, procedures and remedies","Reciprocal enforcement regime in section 12 adds a treaty-dependent layer with its own registration, set-aside and execution suspension procedures","Significant duplication of content in the provided document makes analysis difficult and obscures the structure of the legislation","Interaction with the Legislation Act 2003 disallowance regime creates a staged commencement mechanism that is counterintuitive and technically complex"],"plain_english_summary":"## What This Law Does\n\nThis Act gives the Australian government — specifically the **Attorney-General** — powerful tools to push back when foreign courts or governments try to reach into Australia and control what happens here. Think of it as a legal shield against foreign overreach.\n\n## Who It Affects\n\n- **Australian businesses and corporations** sued in foreign courts (especially in the US under American competition/antitrust laws)\n- **Australian citizens** who are defendants in foreign legal proceedings\n- **Anyone in Australia** who holds documents that a foreign court wants produced as evidence\n- **Companies that win foreign judgments** against Australian defendants — their ability to collect may be blocked or reduced\n\n## The Four Main Things It Does\n\n### 1. 🚫 Block evidence going overseas\nIf the Attorney-General decides it's against Australia's national interest (or that a foreign court is overstepping its authority), they can **ban people from handing over documents or giving testimony** to foreign courts or investigators. Breaking this ban is a criminal offence — up to 12 months jail or heavy fines (up to $2,500 penalty units for corporations).\n\n### 2. ⚖️ Limit enforcement of foreign 'multiple damages' judgments\nSome countries — particularly the US — allow courts to award **'multiple damages'** (for example, tripling the actual loss as a penalty). This Act lets the Attorney-General declare that such a foreign judgment **cannot be enforced in Australia at all**, or can only be enforced for a reduced amount (stripping out the punitive multiplier). If too much has already been collected, the Australian defendant can **sue to get the excess back**.\n\n### 3. 💰 Let Australian defendants recover their legal costs\nIf an Australian person or company is dragged into foreign antitrust proceedings (competition law cases) where only the winner can recover costs — leaving the defending Australian party out of pocket even if they win — the Attorney-General can order the foreign plaintiff to **pay the Australian defendant's reasonable legal costs**.\n\n### 4. 🛑 Block compliance with foreign government orders and judgments\nIf a foreign government issues a trade-related directive, or a foreign court issues an injunction (a court order requiring or forbidding action) that would affect conduct **inside Australia**, the Attorney-General can order Australian people and companies to **ignore it** if compliance would harm Australia's national interest.\n\n## Why It Matters\n\nThis law was largely a response to the reach of **US antitrust law**, which US courts apply globally — sometimes requiring foreign companies to hand over documents, submit to investigations, or pay massive triple-damages awards even for conduct that occurred outside the US. Australia uses this Act to protect its citizens and businesses from being caught in the crossfire of foreign legal systems that claim jurisdiction far beyond their own borders.\n\n## Penalties for Non-Compliance\n- **Individuals**: up to 12 months imprisonment or fines up to 500 penalty units, or both\n- **Corporations**: fines up to 2,500 penalty units\n\n## Key Decision-Maker\nAlmost all powers under this Act rest with the **Attorney-General**, who acts when satisfied that Australia's national interest is at stake or that a foreign court is acting beyond its proper legal authority (exceeding its jurisdiction)."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation's scope has not grown beyond its original purpose of countering excessive foreign jurisdiction (especially antitrust) that affects Australian trade and sovereignty, while providing reciprocal recovery rights and evidence controls; amendments have updated procedural mechanisms (legislative instruments, notifiable instruments) without altering the core protective intent."},"complexity_factors":["Multiple overlapping definitions (antitrust law, multiple damages, prescribed proceedings, substantive proceedings) with cross-links to the Corporations Act 2001 and constitutional heads of power","Highly conditional Attorney-General powers triggered only on satisfaction of national interest, international law or comity tests across ss 6, 9, 11, 13 and 14","Complex recovery formulas in s 10 involving joint-and-several liability, pro-rata division for multiple defendants, treatment of prior recoveries, related corporations and 3-year limitation periods","Nested exceptions, savings provisions and interaction rules (e.g. s 9(3), s 10(3), s 10(8), defences in s 18(3)-(4))","Layered parts covering evidence bans (Division 2), judgment enforceability (Division 3), foreign government actions (Part III) and miscellaneous procedures, with repeated updates referencing the Legislation Act 2003"],"plain_english_summary":"**This law lets the Australian Government block foreign courts and officials from getting certain documents or evidence located in Australia.** It applies mainly to foreign competition (antitrust) cases that could affect Australian trade, corporations, banking, insurance or external affairs. The Attorney-General can issue orders stopping evidence from being sent overseas if it protects national interest, or if the foreign action breaches international law or comity (respect for other countries' sovereignty). \n\nIt also limits enforcement of foreign judgments for 'multiple damages' (where the award multiplies the actual loss, such as triple damages). Such judgments can be blocked entirely or reduced in Australia, and Australian defendants (citizens, local companies or governments) can sue the foreign plaintiff to claw back excess amounts paid, plus legal costs in some cases. Related companies can be jointly liable. \n\nAdditional rules cover foreign government actions that impose obligations performable in Australia, and prohibit complying with foreign judgments or orders that would affect Australian trade or sovereignty. The Federal Court handles related cases. It matters because it shields Australian residents and businesses from foreign legal overreach that could harm the economy or national interests, while allowing reciprocal enforcement arrangements with other countries."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Act consolidates and replaces earlier statutes listed in section 20(1) and brings their existing orders into the new framework (section 20(2)). Compared with the prior Acts it repeals, it centralises a range of powers in the Attorney‑General (orders by legislative instrument under sections 7, 9, 12, 13 and 14), introduces explicit statutory repayment and cost‑recovery rights for defendants (sections 10 and 11), and clarifies procedures for registration and enforcement where reciprocal agreements exist (section 12). It also formalises commencement rules for such instruments via notifiable instruments (sections 10A and 12A notes). Those changes both consolidate previous provisions and expand executive discretion and court‑based enforcement mechanisms, so the statutory scope and the administrative locus of decisions have materially changed."},"complexity_factors":["Extensive, cross‑border scope tied to concepts of trade, banking, insurance and 'external affairs' (section 5) which interact with foreign laws and jurisdictions.","Broad, fact‑sensitive discretion granted to the Attorney‑General to make legislative instruments and satisfy national interest or international law/comity thresholds (sections 6(3)–(5), 9(1), 13(1)).","Multiple procedural pathways: prohibition orders (s7), injunctions (s8), non‑recognition or reduction of foreign judgments (s9), repayment and cost recovery mechanisms (s10–11), and reciprocal enforcement registration (s12).","Interactions with other legislation and instruments: references to Corporations Act relatedness rules (s3(4)), Legislation Act 2003 registers and notifiable instrument rules (s10A, s12A notes), and delegated regulations (s19).","Detailed contingent liability rules (apportionment among multiple defendants, joint liability of related corporations) that create arithmetic and evidentiary complexity (s9(5), s10(4)–(5)).","Criminal penalties for contravention (s18) and court enforcement options (s8), requiring careful compliance planning.","Use of notifiable instruments that are registrable but not subject to the same parliamentary scrutiny, affecting legal certainty and oversight (s10A, s12A notes).","Definitions of technical concepts (antitrust, multiple damages, prescribed proceedings) that require reference to foreign law and domestic statutory interpretation (s3, s4)."],"plain_english_summary":"What this law does (mechanics first)\n\n- Gives the Attorney‑General powers to stop or limit participation by Australians and Australian documents in certain foreign legal proceedings about competition/antitrust matters, and to stop compliance in Australia with certain foreign judgments or foreign government instructions (see sections 6–8, 13–14).\n- Allows the Attorney‑General to declare, by legislative instrument, that a foreign antitrust judgment either is not to be recognised in Australia or is only to be recognised for a reduced monetary amount (section 9). When such a declaration is made, the Act creates a right for a defendant to recover from the foreign judgment creditor amounts recovered under the foreign judgment and, in some cases, for related corporations to be jointly liable (sections 10 and 10A notes; see also section 10(5)).\n- Allows a defendant sued in specified foreign antitrust proceedings to seek an order in Australia requiring the plaintiff to pay the defendant’s reasonable costs where the foreign proceedings are of a prescribed kind and the Attorney‑General is satisfied it’s desirable for the national interest (section 11).\n- Provides a route for enforcement in Australia of certain foreign judgments where there is a reciprocal agreement and the Attorney‑General makes an order permitting enforcement; such judgments may then be registered in the Federal Court and enforced like domestic judgments, subject to set‑aside and appeal protections (section 12).\n- Creates criminal penalties and fines for contravening orders made under sections 7, 13 or 14 (section 18).\n- Repeals earlier statutes that previously regulated similar matters and brings their existing orders into this Act’s framework (section 20).\n\nWho this affects\n\n- Australian citizens and residents who are witnesses or parties in foreign antitrust or related proceedings (sections 3, 7(c), 11(2)).\n- Corporations incorporated or carrying on business in Australia (sections 3, 5(a)(ii), 11(2)(b)). Related corporations can be made jointly liable in some circumstances (section 10(5), section 11(1)).\n- Foreign plaintiffs and foreign courts: the Act allows the Attorney‑General to restrict recognition or enforcement of foreign antitrust judgments in Australia (section 9) and to prohibit production of Australian documents or Australian persons giving evidence to foreign authorities (section 7).\n- Lawyers, in‑house counsel and organisations handling documents in Australia: the Act permits orders that prohibit producing documents located in Australia for foreign proceedings or producing evidence in Australia for foreign proceedings (section 7(d)).\n- Any person or entity subject to an order may face injunctions from the High Court or Federal Court and criminal penalties for contravention (sections 8 and 18).\n\nWhy it matters (official purpose and a practical test)\n\n- The Act’s stated purpose is to regulate evidence given in certain foreign proceedings and to provide Australian courts with rights of action related to enforcement outside Australia of certain foreign judgments (see the Act’s long title and Part II application provisions, section 5). That claim explains why the Attorney‑General is given powers to prohibit production of documents and testimony (section 7) and to make declarations about enforceability (section 9).\n\n- Testing that purpose against likely costs and trade‑offs:\n  - Discretion and decision‑maker concentration: the Attorney‑General decides (by legislative instrument) whether to make orders and whether a foreign judgment may be recognised or must be reduced; the statutory test includes national interest and consistency with international law/comity (sections 6(3)–(5), 9(1)(b), 13(1)). That places substantial discretionary power in an executive office (implementation risk: scope for variable use depending on policy and facts).\n  - Compliance burden on private parties: orders can prohibit producing Australian documents, giving evidence abroad, or complying in Australia with foreign judgments or foreign government instructions (sections 7 and 14). Persons and businesses must monitor orders and may face injunctions (section 8) or criminal sanctions (section 18). There is a measurable administrative and legal compliance cost for document handling, litigation strategy and global contracts.\n  - Shifts in private incentives and cost allocation: the Act can shift financial risk from defendants to plaintiffs where the Attorney‑General makes a recoverability declaration (section 9) or orders recoverable costs (section 11). Section 10 requires plaintiffs (or later recoverers of a judgment) to pay back amounts recovered if the Attorney‑General has declared non‑recognition; section 11 permits cost orders against plaintiffs in certain foreign proceedings. Those mechanisms change incentives for plaintiffs bringing foreign multiple‑damages antitrust actions that affect Australians.\n  - Effects on cross‑border litigation and private contract freedom: by restricting evidence flow and by permitting non‑recognition of foreign judgments (sections 7, 9, 14), the Act imposes limits on how foreign litigation can reach into Australian territory (documents, witnesses, compliance). That directly affects how businesses design contracts, document retention and forum/litigation strategies.\n  - Potential concentrated benefits and diffuse costs: individuals or corporations targeted by particular foreign proceedings may gain protection (for example, an Australian defendant can recover costs under section 11 or amounts under section 10). Many other actors (counsel, record‑keepers, third parties) bear transaction costs in adjusting practices to avoid contravening broad orders. The statute itself centralises the decision to the Attorney‑General rather than providing an automatic statutory test for courts.\n  - Parliamentary oversight and timing: several instruments come into force by notifiable instrument (sections 10A and 12A notes). Notifiable instruments are required to be registered but are not subject to the same parliamentary disallowance/sunsetting procedures as other legislative instruments (see the notes in sections 10A and 12A). That affects the timing and degree of parliamentary scrutiny for measures that alter recognition or enforcement rules.\n\nKey implementation, enforcement and legal details to watch (source pointers)\n\n- Definition and reach: the Part applies to foreign proceedings that relate to trade/commerce, bank/insurance activity, trading or financial corporations, or external affairs (section 5). \"Antitrust\" and \"multiple damages\" are defined (section 3(1), 3(3)).\n- Orders are made by legislative instrument and can be tailored by person, class, document or foreign court (section 7(1)–(2)).\n- Courts may enforce orders by injunctions (High Court or Federal Court) and accept undertakings (section 8). The Attorney‑General must use the High Court in some cases (section 8(4)).\n- Recognition/enforcement adjustments and repayment rules are detailed in sections 9–10 (including apportionment where multiple defendants are involved, section 9(5); and joint liability of related corporations, section 10(5)).\n- Cost recovery for defendants in specified foreign proceedings requires an Attorney‑General order and applies only to Australians or corporations with Australian connections (section 11).\n- Offences and penalties for contravention are set out in section 18 (including maximum fines and imprisonment for individuals).\n\nBottom line (practical takeaways)\n\n- The Act centralises control in the Attorney‑General over whether Australian persons, documents or courts assist foreign antitrust proceedings and over whether foreign antitrust judgments are recognised or reduced in Australia (sections 6–7, 9, 14).\n- It creates statutory mechanisms that can (a) stop evidence flow or compliance with foreign judgements, (b) require plaintiffs to repay amounts recovered abroad (section 10), and (c) shift legal costs onto foreign plaintiffs in particular circumstances (section 11). Those mechanics directly change incentives for litigation strategy, document handling and cross‑border commercial behaviour."}},"importantCases":[],"_links":{"self":"/api/acts/foreign-proceedings-excess-of-jurisdiction-act-1984","history":"/api/acts/foreign-proceedings-excess-of-jurisdiction-act-1984/history","analysis":"/api/acts/foreign-proceedings-excess-of-jurisdiction-act-1984/analysis","conflicts":"/api/acts/foreign-proceedings-excess-of-jurisdiction-act-1984/conflicts","importantCases":"/api/acts/foreign-proceedings-excess-of-jurisdiction-act-1984/important-cases","documents":"/api/acts/foreign-proceedings-excess-of-jurisdiction-act-1984/documents"}}