Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FOREIGN PROCEEDINGS (EXCESS OF JURISDICTION) ACT 1984 - SECT 6

Exercise of powers under this Part

  (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.

  (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).

  (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.

  (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.

  (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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback