Commonwealth Consolidated Acts

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - SECT 16

             (1)  Subject to subsection (2), the Governor‑General may, if a Proclamation has not been made under subsection (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 subsection (3) revoking the first‑mentioned Proclamation.

             (2)  The Governor‑General shall not make a Proclamation under subsection (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 subsection (5) has been made) not less than 6 months before that day.

             (3)  Where the Governor‑General has made a Proclamation under subsection (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the Governor‑General is satisfied that an Act of a particular State relating to cross‑vesting of jurisdiction has been repealed, rendered inoperative, suspended or altered in a substantial manner, the Governor‑General may, by Proclamation, declare that this Act shall, on a day specified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 subsection (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.