Commonwealth Consolidated Acts

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



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