8Act to bind Crown

8 Act to bind Crown

(1) This Act binds the Crown in all its capacities. (2) This Act does not authorise: (a) a proceeding to be commenced as an action in rem against a government ship or government property; or (b) the arrest, detention or sale of a government ship or government property. (3) Where a proceeding has been commenced as an action in rem against a government ship or government property, the court may, if it is satisfied that the proceeding was so commenced in the reasonable belief that the ship was not a government ship, or the property was not government property: (a) order that the proceeding be treated as though it were a proceeding commenced as an action in personam on the claim against a person specified as defendant in the order; and (b) make such consequential orders as are necessary. (4) In this section:

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

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

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