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Privy council access law from July 8



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PRIVY COUNCIL ACCESS LAW FROM JULY 8

An Act of Parliament removing the right of

access to the Privy Council to seek leave to appeal from

judgments of the High Court will become law from

today (July 8).

The Australian Attorney-General, Mr Kep. Enderby,

Q.C., announcing this today said that the Proclamation .

fixing the date of commencement of the Privy Council (Appeals

from the High Court) Act, 1975 had been signed by the

Governor-General, Sir John Kerr.

The Proclamation fixed July 8 as the starting

date of the new law. ' -

Mr Enderby said that the Act removed the right

of appeal from the High Court to the Privy Council - except

in cases involving questions Concerning the boundary-line of

powers between the Commonwealth and the State Parliaments.

In such cases appeals may only be made to the Privy Council

where the High Court grants a certificate under section 74

of the Constitution. Such a certificate has only been

granted on one occasion in 1913.

The legislation was part of a two-pronged approach

to try to implement the Australian Government's policy

to make the High Court of Australia Australia's final court

of appeal.

A Bill designed to abolish appeals from State

Courts direct to the.Privy Council and also advisory

opinions of the Privy Council in Australian matters has been

rejected by the Senate.

Canberra

July 8, 1975

49/75 ,