3Interpretation

#### 3 Interpretation (1) In this Act, unless the contrary intention appears: > agreement means an agreement in writing and includes: (a) a treaty or other international agreement in writing; and (b) a contract or other agreement in writing. > Australia when used in a geographical sense, includes each of the external Territories. > bill of exchange includes a promissory note. > court includes a tribunal or other body (by whatever name called) that has functions, or exercises powers, that are judicial functions or powers or are of a kind similar to judicial functions or powers. > Department of Foreign Affairs means the Department administered by the Minister who administers the Diplomatic Privileges and Immunities Act 1967. > diplomatic property means property that, at the relevant time, is in use predominantly for the purpose of establishing or maintaining a diplomatic or consular mission, or a visiting mission, of a foreign State to Australia. > foreign award means the following: (a) an arbitral award within the meaning of Part II of the International Arbitration Act 1974; (b) an award within the meaning of Part IV of that Act. > foreign judgment means a judgment to which Part 2 of the Foreign Judgments Act 1991 applies. > foreign State means a country the territory of which is outside Australia, being a country that is: (a) an independent sovereign state; or (b) a separate territory (whether or not it is self‑governing) that is not part of an independent sovereign state. > initiating process means an instrument (including a statement of claim, application, summons, writ, order or third party notice): (a) by which a proceeding is commenced; or (b) by reference to which a person becomes a party to a proceeding. > Note: Examples of an initiating process are: (a) a summons for the registration of a foreign judgment; and (b) an application for the recognition or enforcement of a foreign award. > law of Australia means: (a) a law in force throughout Australia; or (b) a law of or in force in a part of Australia; and includes the principles and rules of the common law and of equity as so in force. > military property means: (a) a ship of war, a Government yacht, a patrol vessel, a police or customs vessel, a hospital ship, a defence force supply ship or an auxiliary vessel, being a ship or vessel that, at the relevant time, is operated by the foreign State concerned (whether pursuant to requisition or under a charter by demise or otherwise); or (b) property (not being a ship or vessel) that is: (i) being used in connection with a military activity; or (ii) under the control of a military authority or defence agency for military or defence purposes. > Minister for Foreign Affairs means the Minister who administers the Diplomatic Privileges and Immunities Act 1967. > proceeding means a proceeding in a court but does not include a prosecution for an offence or an appeal or other proceeding in the nature of an appeal in relation to such a prosecution. > property includes a chose in action. > separate entity, in relation to a foreign State, means a natural person (other than an Australian citizen), or a body corporate or corporation sole (other than a body corporate or corporation sole that has been established by or under a law of Australia), who or that: (a) is an agency or instrumentality of the foreign State; and (b) is not a department or organ of the executive government of the foreign State. > state terrorism means: (a) a state terrorist act (within the meaning of the Criminal Code); or (b) a state sponsor of terrorism (within the meaning of the Criminal Code); or (c) a member (within the meaning of subsection 110.1(1) of the Criminal Code) of a state sponsor of terrorism. (2) For the purposes of the definition of separate entity in subsection (1), a natural person who is, or a body corporate or a corporation sole that is, an agency of more than one foreign State shall be taken to be a separate entity of each of the foreign States. (3) Unless the contrary intention appears, a reference in this Act to a foreign State includes a reference to: (a) a province, state, self‑governing territory or other political subdivision (by whatever name known) of a foreign State; (b) the head of a foreign State, or of a political subdivision of a foreign State, in his or her public capacity; and (c) the executive government or part of the executive government of a foreign State or of a political subdivision of a foreign State, including a department or organ of the executive government of a foreign State or subdivision; but does not include a reference to a separate entity of a foreign State. (4) A reference in this Act to a court of Australia includes a reference to a court that has jurisdiction in or for any part of Australia. (5) A reference in this Act to a commercial purpose includes a reference to a trading, a business, a professional and an industrial purpose. (6) A reference in this Act to the entering of appearance or to the entry of judgment in default of appearance includes a reference to any like procedure.