Privy Council (Limitation of Appeals) Act 1968
Act No. 36 of 1968 as amended
This compilation was prepared on 7 November 2000
taking into account amendments up to Act No. 216 of 1973
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
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
Notes
An Act to limit the matters in which 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
1 Short title [see Note 1]
This Act may be cited as the 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
(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 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.
Notes to the Privy Council (Limitation of Appeals) Act 1968
Note 1
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
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Privy Council (Limitation of Appeals) Act 1968 | 36, 1968 | (a) | 1 Sept 1968 (see Gazette 1968, No. 71, p. 4669) | |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | Ss. 9(1) and 10 |
(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
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Title ................... | am. No. 216, 1973 |
S. 4.................... | am. No. 216, 1973 |
| |
|
Overview
The Privy Council (Limitation of Appeals) Act 1968, Act No. 36, was enacted to address the problem of limiting the circumstances under which appeals could be made to Her Majesty in Council from the High Court of Australia, as well as excluding appeals from Federal Courts and the Supreme Courts of the Territories. This Act was passed by the Australian Parliament to align with the constitutional changes that reduced the role of the British Privy Council in Australian judicial matters. The policy objective was to streamline the appeal process by restricting the types of cases that could be appealed to the Privy Council, thereby promoting a more efficient and independent Australian judicial system. The Act came into operation following the Queen's assent and a subsequent proclamation by the Governor-General, ensuring that the limitations on appeals would be legally enforceable from the specified commencement date.
Scope and Application
The Privy Council (Limitation of Appeals) Act 1968 serves to delineate the scope of appeals from the High Court of Australia to Her Majesty in Council, effectively restricting such appeals to specific circumstances. The Act applies to matters where the High Court's decision was rendered on appeal from a decision of a State Supreme Court that was not made under federal jurisdiction, and it specifically excludes any case that involves the application or interpretation of the Constitution, laws made by the Parliament, or instruments made under those laws. This legislation is designed to limit the instances where an appeal can be made to Her Majesty in Council and also excludes appeals from Federal Courts and Supreme Courts of Territories. It is a Commonwealth Act, thus its jurisdiction extends across Australia, but its provisions are particularly pertinent to the legal processes involving state supreme courts and the High Court. The Act was amended by the Statute Law Revision Act 1973, which included minor adjustments to the text, but did not alter the substantive reach or intent of the original legislation.
Key Provisions
The main operative sections of the Privy Council (Limitation of Appeals) Act 1968 (Cth) are sections 3 and 4, which respectively limit the matters in which special leave to appeal from the High Court may be asked, and exclude appeals from Federal Courts and Supreme Courts of Territories. Section 3(1) specifies that special leave of appeal from the High Court may only be sought in cases where the High Court's decision was made on appeal from a State Supreme Court decision not given 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 made under such a law. Section 4 then goes on to state that leave of appeal to Her Majesty in Council, whether special leave or otherwise, shall not be asked from a decision of a Federal Court (other than the High Court) or the Supreme Court of a Territory.
The Act imposes specific obligations and requirements on the parties involved. It limits the circumstances under which an appeal can be made to Her Majesty in Council from the High Court, effectively restricting such appeals to cases that do not involve constitutional or federal law interpretations. Additionally, it completely bars appeals from Federal Courts and the Supreme Courts of Territories to Her Majesty in Council. This means that any appeal from these courts must follow other available legal avenues, such as internal court review processes or direct appeals to the High Court where appropriate.
For breaches of the provisions outlined in this Act, there are civil and potentially criminal consequences. While the Act itself does not explicitly state penalties for non-compliance, the failure to adhere to the restrictions on appeals could result in appeals being dismissed by Her Majesty in Council for being outside the permitted scope. Additionally, if the Act is seen as part of a broader legal framework where specific penalties are defined for non-compliance with appellate procedures, those penalties could apply. However, the Act does not specify maximum penalties, leaving such determinations to the broader judicial interpretation and applicable laws governing judicial appeals in Australia.