16Membership of bodies corporate etc.

#### 16 Membership of bodies corporate etc. (1) A foreign State is not immune in a proceeding in so far as the proceeding concerns its membership, or a right or obligation that relates to its membership, of a body corporate, an unincorporated body or a partnership that: (a) has a member that is not a foreign State or the Commonwealth; and (b) is incorporated or has been established under the law of Australia or is controlled from, or has its principal place of business in, Australia; being a proceeding arising between the foreign State and the body or other members of the body or between the foreign State and one or more of the other partners. (2) Where a provision included in: (a) the constitution or other instrument establishing or regulating the body or partnership; or (b) an agreement between the parties to the proceeding; is inconsistent with subsection (1), that subsection has effect subject to that provision.