Commonwealth legislation

Family Law Act 1975 s 40(2) - Proclamation (18/02/1977)

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This Act has been repealed and is no longer in force. It is retained for historical reference.

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legislative instrument

Plain English Summary

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This Governor-General's proclamation activated, on 18 February 1977, specific appellate and referral powers of the Family Court of Australia so it could begin hearing certain appeals and legal questions that it previously could not.

It applied to appeals and special-case referrals in New South Wales, Victoria, Queensland, South Australia, Tasmania, the Australian Capital Territory, the Northern Territory and Norfolk Island, and served as the legal trigger allowing the Court to exercise those powers once arrangements were in place.

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Direct links to the current provisions in Family Law Act 1975 s 40(2) - Proclamation (18/02/1977).

Family Law Act 1975 s 40(2) - Proclamation (18/02/1977)

PROCLAMATION

Commonwealth of By His Excellency the

Australia Governor-General of

JOHN R. KERR the Commonwealth of

Governor-General Australia

IN pursuance of sub-section 40 (2) of the Family Law

Act 1975, I, SIR JOHN ROBERT KERR, the

Governor-General of the Commonwealth of Australia,

acting with the advice of the Federal Executive

Council, hereby fix 18 February 1977 as the date on

and after which the jurisdiction of the Family Court

of Australia under that Act may be exercised in

respect of:

(a) appeals referred to in paragraph 29 (1) (b) of

that Act in the States of New South Wales,

Victoria, Queensland, South Australia and Tas-

mania and in the Australian Capital Territory

and Norfolk Island;

(b) appeals under sub-section 94 (1) of that Act

in the Australian Capital Territory, the Northern

Territory and Norfolk Island; and

of that Act in the States of New South Wales,

Victoria, Queensland, South Australia and Tas-

mania and in the Australian Capital Territory

and Norfolk Island.

GIVEN under my Hand and the Great

Seal of Australia on 18 February 1977.

By His Excellency’s Command,

Attorney-General

GOD SAVE THE QUEEN!

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Family Law Act 1975 s 40(2) - Proclamation (18/02/1977)

PROCLAMATION

Commonwealth of By His Excellency the

Australia Governor-General of

JOHN R. KERR the Commonwealth of

Governor-General Australia

IN pursuance of sub-section 40 (2) of the Family Law

Act 1975, I, SIR JOHN ROBERT KERR, the

Governor-General of the Commonwealth of Australia,

acting with the advice of the Federal Executive

Council, hereby fix 18 February 1977 as the date on

and after which the jurisdiction of the Family Court

of Australia under that Act may be exercised in

respect of:

(a) appeals referred to in paragraph 29 (1) (b) of

that Act in the States of New South Wales,

Victoria, Queensland, South Australia and Tas-

mania and in the Australian Capital Territory

and Norfolk Island;

(b) appeals under sub-section 94 (1) of that Act

in the Australian Capital Territory, the Northern

Territory and Norfolk Island; and

of that Act in the States of New South Wales,

Victoria, Queensland, South Australia and Tas-

mania and in the Australian Capital Territory

and Norfolk Island.

GIVEN under my Hand and the Great

Seal of Australia on 18 February 1977.

By His Excellency’s Command,

Attorney-General

GOD SAVE THE QUEEN!