Attorney-General's Department

Signed Instruments For Foreign States Immunities Amendment Regulations 2009 (no. 1) (select Legislative Instrument 2009 No. 249) – Legislation (deferral Of Sunsetting—foreign States Immunities…

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Signed Instruments For Foreign States Immunities Amendment Regulations 2009 (no. 1) (select Legislative Instrument 2009 No. 249) – Legislation (deferral Of Sunsetting—foreign States Immunities Regulations) Certificate 2017 – Foreign States Immunities (taxation) Regulations 2018 – Foreign States Immunities (emergency Prevention And Management) Regulations 2018.

FOI25/178 Released 17 pages PDF

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This disclosure comprises four signed legislative instruments establishing and extending immunities framework regulations under the Foreign States Immunities Act 1985. The 2009 Amendment Regulations created an exemption allowing the United States to provide bushfire prevention and management assistance to Australian federal and state governments without triggering immunity restrictions under section 13 of the Act. A 2017 Certificate by Attorney-General George Brandis deferred the sunsetting of Foreign States Immunities Regulations. The 2018 Emergency Prevention and Management Regulations, signed by Governor-General Peter Cosgrove on advice of Attorney-General Christian Porter, appear to provide updated provisions for foreign state immunity exceptions in emergency management contexts. The instruments represent formal regulatory responses to practical cooperation needs between Australia and foreign states (particularly the United States) in disaster response scenarios, balancing foreign sovereign immunity principles with operational assistance requirements.

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