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Privy Council (Limitation of Appeals) Act 1968

  • - C2004C06161
  • In force - Superseded Version
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Act No. 36 of 1968 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 04 Dec 2009
Start Date 31 Dec 1973

PRIVY COUNCIL (LIMITATION OF APPEALS) ACT 1968
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 284 #DATE 19:12:1973)

PRIVY COUNCIL (LIMITATION OF APPEALS) ACT 1968-1973 - TABLE OF PROVISIONS

TABLE


PRIVY COUNCIL (LIMITATION OF APPEALS) ACT 1968-1973

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Limitation of matters in which special leave of appeal from the High
Court may be asked
4. Exclusion of appeals from Federal Courts and Supreme Courts of
Territories

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PRIVY COUNCIL (LIMITATION OF APPEALS) ACT 1968-1973 - SECT. 1.
Short title.

SECT

Special Leave of Appeal from the High Court of Australia to Her Majesty in Council may be asked and to exclude appeals to Her Majesty in Council from other Federal Courts and from the Supreme Courts of the Territories.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Privy Council (Limitation of Appeals) Act 1968-1973.*

PRIVY COUNCIL (LIMITATION OF APPEALS) ACT 1968-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation, being a date after the date on which the Governor-General makes known under section 60 of the Constitution that this Act has received the Queen's assent.*

PRIVY COUNCIL (LIMITATION OF APPEALS) ACT 1968-1973 - SECT. 3.
Limitation of matters in which special leave of appeal from the High Court may
be asked.

SECT

3. (1) Special leave of appeal to Her Majesty in Council from a decision of the High Court may be asked only in a matter in which the decision of the High Court was a decision that-

(a) was given on appeal from a decision of the Supreme Court of a State given otherwise than in the exercise of federal jurisdiction; and

(b) did not involve the application or interpretation of-

(i) the Constitution;

(ii) a law made by the Parliament; or

(iii) an instrument (including an ordinance, rule, regulation or by-law) made under a law made by the Parliament.

(2) The last preceding sub-section does not apply in respect of a decision of the High Court given in a proceeding that was commenced in a court before the commencement of this Act.

PRIVY COUNCIL (LIMITATION OF APPEALS) ACT 1968-1973 - SECT. 4.
Exclusion of appeals from Federal Courts and Supreme Courts of Territories.

SECT

Amended by No. 216, 1973, s. 3.
4. Leave of appeal to Her Majesty in Council, whether special leave or otherwise, shall not be asked from a decision of a Federal Court (not being the High Court) or of the Supreme Court of a Territory.
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PRIVY COUNCIL (LIMITATION OF APPEALS) ACT 1968-1973 - NOTE


NOTE
1. The Privy Council (Limitation of Appeals) Act 1968-1973 comprises the Privy Council (Limitation of Appeals) Act 1968 as amended by the other Act specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Privy Council
(Limitation of Appeals)
Act 1968 No. 36, 1968 Reserved: 17
May 1968
Royal Assent:
10 June 1968
Assent
Proclaimed: 6
Aug 1968
(see Gazette
1968, p.
4365A) 1 Sept 1968 (see
Gazette 1968, p.
4669)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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