Privy Council (Limitation of Appeals) Act 1968

2 Commencement [see Note 1]

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.

3 Limitation of matters in which special leave of appeal from the High Court may be asked

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:

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

did not involve the application or interpretation of:

the Constitution;

a law made by the Parliament; or

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

The last preceding subsection 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.

4 Exclusion of appeals from Federal Courts and Supreme Courts of Territories

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.

The Privy Council (Limitation of Appeals) Act 1968 as shown in this compilation comprises Act No. 36, 1968 amended as indicated in the Tables below.

Table of Acts

Notes to the

Note 1

(a) Act No. 36, 1968; reserved for Her Majesty’s pleasure, 17 May 1968; Queen’s Assent, 10 June 1968; Queen’s Assent proclaimed 6 August 1968 (see Gazette 1968, No. 68A, p. 4365A).

Table of Amendments