Commonwealth Numbered Acts

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 No. 24 of 1987 - SECT 16

16. (1) Subject to sub-section (2), the Governor-General may, if a
Proclamation has not been made under sub-section (4), by Proclamation, declare
that the operation of this Act is suspended from a day (being a day not
earlier than 3 years after the commencement of this Act) specified in the
Proclamation and, where such a Proclamation is made, this Act ceases to be in
force from that day until a Proclamation is made under sub-section (3)
revoking the first-mentioned Proclamation.

(2) The Governor-General shall not make a Proclamation under sub-section (1)
having effect from a particular day unless the Governor-General is satisfied
that the Attorney-General has given notice of his or her intention to seek the
making of such a Proclamation to each State (other than a State in relation to
which a Proclamation under sub-section (5) has been made) not less than 6
months before that day.

(3) Where the Governor-General has made a Proclamation under sub-section (1),
the Governor-General may, by Proclamation, revoke the first- mentioned
Proclamation.

(4) Where the Governor-General is satisfied that State Acts relating to
cross-vesting of jurisdiction are not effective to confer jurisdiction of the
Supreme Courts of the States on the Federal Court or the Family Court, the
Governor-General may, by Proclamation, declare that this Act shall, on a day
specified in the Proclamation, cease to be in force and, where such a
Proclamation is made, this Act ceases to be in force on that day.

(5) Where the Governor-General is satisfied that an Act of a particular State
relating to cross-vesting of jurisdiction has been repealed, rendered
inoperative, suspended or altered in a substantial manner, the
Governor-General may, by Proclamation, declare that this Act shall, on a day
specified in the Proclamation, cease to be in force in relation to that State
and, where such a Proclamation is made, this Act ceases to be in force in
relation to that State on that day.

(6) Where-

   (a)  the Governor-General has made a Proclamation under sub-section (5) in
        relation to a State; and

   (b)  the Governor-General is satisfied that there is in force an Act of
        that State relating to cross-vesting of jurisdiction, being an Act in
        terms substantially corresponding to the terms of this Act, the
        Governor-General may, by Proclamation, declare that this Act again
        applies in relation to that State from a day specified in the
        Proclamation and, where such a Proclamation is made, this Act applies
        in relation to that State on and after that day.