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  1. Constitutions
  2. Australia
  3. Appeal to Queen in Council.

🇦🇺 AustraliaConstitution

Commonwealth of Australia Constitution

Appeal to Queen in Council.

Jurisdiction
Australia
Provision
74
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council. The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave. Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the Governor-General for Her Majesty’s pleasure. Commonwealth of Australia Constitution Act (The Constitution) 33 Compilation No. 6 Compilation date: 29/7/77 Registered: 18/11/21 Rectified Authorised Version registered 13/05/2026 C2013Q00005 Chapter III. The Judicature. Section 75.

Source record

Source and verification

Commonwealth of Australia Constitution · legislation.gov.au · Retrieved 18 August 2026.

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