(1) Special leave of appeal to Her Majesty in Council from a decision of the High Court may be asked only in a matter in which the decision of the High Court was a decision that:
(a) was given on appeal from a decision of the Supreme Court of a State given otherwise than in the exercise of federal jurisdiction; and
(b) did not involve the application or interpretation of:
(i) the Constitution;
(ii) a law made by the Parliament; or
(iii) an instrument (including an ordinance, rule, regulation or by - law) made under a law made by the Parliament.
(2) The last preceding subsection does not apply in respect of a decision of the High Court given in a proceeding that was commenced in a court before the commencement of this Act.