Commonwealth Numbered Acts

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AUSTRALIA ACT 1986 No. 142 of 1985 - SECT 11

Termination of appeals to Her Majesty in Council
11. (1) Subject to subsection (4) below, no appeal to Her Majesty in Council
lies or shall be brought, whether by leave or special leave of any court or of
Her Majesty in Council or otherwise, and whether by virtue of any Act of the
Parliament of the United Kingdom, the Royal Prerogative or otherwise, from or
in respect of any decision of an Australian court.

(2) Subject to subsection (4) below-

   (a)  the enactments specified in subsection (3) below and any orders,
        rules,
regulations or other instruments made under, or for the purposes of,
those enactments; and

   (b)  any other provisions of Acts of the Parliament of the United Kingdom
in force immediately before the commencement of this Act that make
provisions for or in relation to appeals to Her Majesty in Council from
or in respect of decisions of courts, and any orders, rules, regulations or
other instruments made under, or for the purposes of, any such
provisions, in so far as they are part of the law of the Commonwealth, of a
State or of a Territory, are hereby repealed.

(3) The enactments referred to in subsection (2) (a) above are the following
Acts of the Parliament of the United Kingdom or provisions of such Acts:
The Australian Courts Act 1828, section 15
The Judicial Committee Act 1833
The Judicial Committee Act 1844
The Australian Constitutions Act 1850, section 28
The Colonial Courts of Admiralty Act 1890, section 6.

(4) Nothing in the foregoing provisions of this section -

   (a)  affects an appeal instituted before the commencement of this Act to
Her Majesty in Council from or in respect of a decision of an
Australian court; or

   (b)  precludes the institution after that commencement of an appeal to
Her Majesty in Council from or in respect of such a decision where the
appeal is instituted -

        (i)    pursuant to leave granted by an Australian court on an
application made before that commencement; or

        (ii)   pursuant to special leave granted by Her Majesty in Council on
a petition presented before that commencement, but this subsection shall not
be construed as permitting or enabling an appeal to Her Majesty in Council to
be instituted or continued that could not have been instituted or continued if
this section had not been enacted. 


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