9Protection from suit

9 Protection from suit

Actions in personam (1) Proceedings for an action in personam relating to the object cannot be started against a protected person for the object.

Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.

Actions in rem (2) Proceedings for an action in rem relating to the object cannot be started.

Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.

Exception for protected persons starting proceedings (3) Subsections (1) and (2) do not prevent a person who is a protected person for the object because of a particular paragraph of the definition of protected person in section 5 from starting proceedings against a person who is a protected person for the object because of that paragraph, or a later paragraph, of that definition.

Note: Example: An exhibiting institution can start an action against a person it engages to transport the object, because:

(a) the exhibiting institution is a protected person because of paragraph (c) of the definition of protected person; and
(b) the person engaged to transport the object is a protected person because of paragraph (e) of that definition.

Exception for certain proceedings (4) Subsections (1) and (2) do not apply to: (a) proceedings under the Proceeds of Crime Act 2002; or (b) proceedings prescribed by regulation for the purposes of this subsection. This section applies to starting of proceedings in any way (5) This section applies to the starting of proceedings in a federal court or a court of a State or Territory by claim, cross‑claim or otherwise.