Western Australian Consolidated Acts

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

16 .         Suspension or cessation of operation of Act

        (1)         Subject to subsection (2), the Governor 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 shall not make a proclamation under subsection (1) having effect from a particular day unless the Governor is satisfied that the Attorney General has given notice of his intention to seek the making of such a proclamation to the Commonwealth and to each other 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 has made a proclamation under subsection (1), the Governor may, by proclamation revoke the first-mentioned proclamation.

        (4)         Where 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 Western Australia with, or confer on that court, jurisdiction of the Federal Court, the Family Court or a Supreme Court of another State or of a Territory, the Governor 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 is satisfied that an Act of the Commonwealth or another State relating to cross-vesting of jurisdiction has been repealed, rendered inoperative, suspended or altered in a substantial manner, the Governor may, by proclamation declare that this Act shall, on a day specified in the proclamation, cease to be in force in relation to the Commonwealth or a Territory or in relation to that State and, where such a proclamation is made, this Act ceases to be in force in relation to the Commonwealth or a Territory or that State on that day.

        (6)         Where —

            (a)         the Governor has made a proclamation under subsection (5) 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, declare that this Act again applies in relation to the Commonwealth or the Territory or that State from a day specified in the proclamation and, where such a proclamation is made, this Act applies in relation to the Commonwealth or Territory or that State on and after that day.