South Australian Consolidated Acts

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - SECT 15

15—Suspension or cessation of operation of Act

        (1)         Subject to subsection (2), the Governor may by proclamation—

            (a)         suspend the operation of this Act from a day (being a day not earlier than three years after the commencement of this Act) specified in the proclamation; and

            (b)         revoke any such suspension.

        (2)         The Governor shall not make a proclamation suspending the operation of this Act unless satisfied that the Attorney-General has given notice of intention to seek the making of such a proclamation to the Attorney-General of the Commonwealth and to the Attorneys-General of each other State (other than a State in relation to which a proclamation under subsection (4) has been made) not less than 6 months before the suspension is to take effect.

        (3)         If the Governor is satisfied that the Acts of the Commonwealth and other States relating to cross-vesting of jurisdiction are not effective to invest the Supreme Court of South Australia with, or confer on that Court, jurisdiction of the Federal Court, the Family Court or the Supreme Court of another State or of a Territory, the Governor may, by proclamation, fix a day on which this Act will expire.

        (4)         If the Governor is satisfied that an Act of the Commonwealth or another State relating to cross-vesting of jurisdiction has been repealed, rendered inoperative, suspended or altered in a substantial manner, the Governor may, by proclamation, modify the operation of this Act so that it does not apply in relation to the Commonwealth or a Territory or in relation to that State.

        (5)         If—

            (a)         the Governor has made a proclamation under subsection (4) in relation to the Commonwealth or a Territory or a State; and

            (b)         the Governor is satisfied that there is in force an Act of the Commonwealth or that State relating to cross-vesting of jurisdiction, being an Act in terms substantially corresponding to the terms of this Act,

the Governor may, by proclamation, revoke the proclamation under subsection (4).

        (6)         The Governor shall not make a proclamation under this section except on resolution of both Houses of Parliament.