QueenslandAUSTRALIA ACTS
(REQUEST)ACT1985Reprinted as in
force on 6 June 2002(Act not amended up to this date)This
is the reprint current on the repeal dateReprint No.
1AThis reprint is prepared bythe
Office of the Queensland Parliamentary CounselWarning—This
reprint is not an authorised copy
Information about this reprintThis
Act is reprinted as at 6 June 2002.Minor editorial
changes allowed under the provisions of the Reprints Act 1992 have
beenmade to use aspects of format and printing
style consistent with current legislative draftingpractice (s 35).See endnotes for
information about when provisions commenced.
QueenslandAUSTRALIA ACTS
(REQUEST) ACT 1985TABLE OF PROVISIONSSectionPage1Short title . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .32Request for Commonwealth legislation .
. . . . . . . . . . . . . . . . . . . . . . . . . . .33Request and
consent to United Kingdom legislation. . . . . . . . .
. . . . . . . . .34Request and
consent to Commonwealth legislation . . . . . . . . . . . . . . . .
. . .3SCHEDULE 1. . . . . . . . .
. . . . . . . . . . . . . . .41Termination of power of Parliament
of United
Kingdom tolegislate for Australia. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42Legislative powers of Parliaments of
States .
. . . . . . . . . . . . . . . . . . . . . . . .43Termination of restrictions on
legislative powers of Parliaments of States. .54Powers of State Parliaments in
relation to merchant shipping
. . . . . . . . . . .55Commonwealth Constitution,
Constitution Act and Statute ofWestminster not affected . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56Manner and form of making certain
State laws.
. . . . . . . . . . . . . . . . . . . . . .67Powers and functions of Her Majesty
and Governors
in respect
of States
. .68State laws not subject to disallowance
or suspension
of operation
. . . . . . . .69State laws not subject to withholding
of assent
or reservation
. . . . . . . . . . .710Termination of responsibility of
United Kingdom Government inrelation to State matters. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .711Termination of appeals to Her Majesty
in Council
. . . . . . . . . . . . . . . . . . . .712Amendment of Statute of Westminster
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .813Amendment of Constitution Act of
Queensland .
. . . . . . . . . . . . . . . . . . . . .814Amendment of Constitution Act of
Western Australia . . . . . . . . . . . . . . . . .915Method of repeal or amendment of
this Act
or Statute
of Westminster
. . . .1016Interpretation . . . . . . . . . . . .
. . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1117Short title and commencement . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
s13s4Australia Acts (Request) Act 1985AUSTRALIA ACTS (REQUEST) ACT 1985[as
amended by all amendments that commenced on or before 6 June
2002]AnActtoenabletheconstitutionalarrangementsaffectingtheCommonwealth and the States to be
brought into conformity withthestatusoftheCommonwealthofAustraliaasasovereign,independent and
federal nation1Short titleThis Act may be
cited as theAustralia Acts (Request) Act 1985.2Request for
Commonwealth legislationTheParliamentrequeststheenactmentbytheParliamentoftheCommonwealthofanActin,orsubstantiallyin,thetermssetoutinSchedule
1.3Request and consent to United Kingdom
legislationThe Parliament and Government of the State
request and consent to theenactmentbytheParliamentoftheUnitedKingdomofanActin,orsubstantially in,
the terms set out in the Schedule to the Act contained inSchedule 2.4Request and consent to Commonwealth
legislationThe Parliament and Government of the State
request and consent to theenactmentbytheParliamentoftheCommonwealthofanActin,orsubstantially in, the terms set out in
Schedule 2.
4Australia Acts (Request) Act
1985SCHEDULE 1section 2AnActtobringconstitutionalarrangementsaffectingtheCommonwealth and the States into
conformity with the status ofthe Commonwealth
of Australia as a sovereign, independent andfederal
nationWHEREAS the Prime Minister of the
Commonwealth and the Premiersof the States at
conferences held in Canberra on 24 and 25 June 1982 and21June1984agreedonthetakingofcertainmeasurestobringconstitutionalarrangementsaffectingtheCommonwealthandtheStatesintoconformitywiththestatusoftheCommonwealthof
Australiaasasovereign,
independent and federal nation.ANDWHEREASinpursuanceofparagraph51(xxxviii)oftheConstitution the Parliaments of all the
States have requested the Parliamentof the
Commonwealth to enact an Act in the terms of this Act.BE
IT THEREFORE ENACTED by the Queen, and the Senate and theHouse
of Representatives of the Commonwealth of Australia, as
follows—1Termination of power of Parliament of
United Kingdom tolegislate for AustraliaNoActoftheParliamentoftheUnitedKingdompassedafterthecommencement of this Act shall extend,
or be deemed to extend, to theCommonwealth,toaStateortoaTerritoryaspartofthelawoftheCommonwealth, of the State or of the
Territory.2Legislative powers of Parliaments of
States(1)It is hereby declared and enacted that
the legislative powers of theParliament of
each State include full power to make laws for the peace,orderandgoodgovernmentofthatStatethathaveextraterritorialoperation.
5Australia Acts (Request) Act
1985SCHEDULE 1 (continued)(2)It
is hereby further declared and enacted that the legislative powers
oftheParliamentofeachStateincludealllegislativepowersthattheParliamentoftheUnitedKingdommighthaveexercisedbeforethecommencement of this Act for the peace,
order and good government ofthat State but
nothing in this subsection confers on a State any capacity
thatthe State did not have immediately before the
commencement of this Act toengage in
relations with countries outside Australia.3Termination of restrictions on legislative
powers of Parliaments ofStates(1)TheActoftheParliamentoftheUnitedKingdomknownastheColonial Laws Validity Act 1865shall not apply to any law made after
thecommencement of this Act by the Parliament of
a State.(2)No law and no provision of any law
made after the commencementof this Act by
the Parliament of a State shall be void or inoperative on
theground that it is repugnant to the law of
England, or to the provisions ofany existing or
future Act of the Parliament of the United Kingdom, or toany
order, rule or regulation made under any such Act, and the powers
ofthe Parliament of a State shall include the
power to repeal or amend anysuch Act, order,
rule or regulation in so far as it is part of the law of theState.4Powers of State Parliaments in relation to
merchant shippingSections735and736oftheActoftheParliamentoftheUnitedKingdom known as
theMerchant Shipping Act 1894, in
so far as they arepart of the law of a State, are hereby
repealed.5Commonwealth Constitution,
Constitution Act and Statute ofWestminster not
affectedSections 2 and 3(2) above—(a)are subject to the Commonwealth of
Australia Constitution Actand to the Constitution of the
Commonwealth; and(b)do not operate so as to give any force
or effect to a provision ofan Act of the
Parliament of a State that would repeal, amend orberepugnanttothisAct,theCommonwealthofAustralia
6Australia Acts (Request) Act
1985SCHEDULE 1 (continued)Constitution
Act, the Constitution of the Commonwealth or theStatute of Westminster 1931as
amended and in force from timeto time.6Manner and form of making certain
State lawsNotwithstandingsections2and3(2)above,alawmadeafterthecommencementofthis
ActbytheParliamentofaStaterespectingtheconstitution, powers or procedure of the
Parliament of the State shall be ofno force or
effect unless it is made in such manner and form as may fromtime
to time be required by a law made by that Parliament, whether
madebefore or after the commencement of this
Act.7Powers and functions of Her Majesty
and Governors in respect ofStates(1)Her
Majesty’s representative in each State shall be the
Governor.(2)Subject to subsections (3) and (4)
below, all powers and functions ofHer Majesty in
respect of a State are exercisable only by the Governor ofthe
State.(3)Subsection(2)abovedoesnotapplyinrelationtothepowertoappoint, and the power to terminate the
appointment of, the Governor of aState.(4)While Her Majesty is personally
present in a State, Her Majesty isnot precluded
from exercising any of Her powers and functions in respectof
the State that are the subject of subsection (2) above.(5)The advice to Her Majesty in relation
to the exercise of the powersand functions of
Her Majesty in respect of a State shall be tendered by thePremier of the State.8State
laws not subject to disallowance or suspension of operationAn
ActoftheParliamentofaStatethathasbeenassentedtobytheGovernor of the State shall not, after the
commencement of this Act, besubjecttodisallowancebyHerMajesty,norshallitsoperationbesuspended pending the signification of Her
Majesty’s pleasure thereon.
7Australia Acts (Request) Act
1985SCHEDULE 1 (continued)9State
laws not subject to withholding of assent or reservation(1)No law or instrument shall be of any
force or effect in so far as itpurports to
require the Governor of a State to withhold assent from any
Billfor an Act of the State that has been passed
in such manner and form asmay from time to time be required by a
law made by the Parliament of theState.(2) No law or
instrument shall be of any force or effect in so far as itpurports to require the reservation of any
Bill for an Act of a State for thesignification of
Her Majesty’s pleasure thereon.10Termination of responsibility of United
Kingdom Government inrelation to State mattersAfter the commencement of this Act Her
Majesty’s Government in theUnitedKingdomshallhavenoresponsibilityforthegovernmentofanyState.11Termination of appeals to Her Majesty in
Council(1)Subject to subsection (4) below, no
appeal to Her Majesty in Councillies or shall be
brought, whether by leave or special leave of any court or
ofHer Majesty in Council or otherwise, and
whether by virtue of any Act ofthe Parliament of
the United Kingdom, the Royal Prerogative or otherwise,from
or in respect of any decision of an Australian court.(2)Subject to subsection (4)
below—(a)the enactments specified in subsection
(3) below and any orders,rules,regulationsorotherinstrumentsmadeunder,orforthepurposes of,
those enactments; and(b)anyotherprovisionsofActsoftheParliamentoftheUnitedKingdom in force
immediately before the commencement of thisActthatmakeprovisionfororinrelationtoappealstoHerMajesty in Council from or in respect
of decisions of courts, andany orders,
rules, regulations or other instruments made under, orfor
the purposes of, any such provisions;in so far as they
are part of the law of the Commonwealth, of a State or of aTerritory, are hereby repealed.
8Australia Acts (Request) Act
1985SCHEDULE 1 (continued)(3)Theenactmentsreferredtoinsubsection(2)(a)abovearethefollowing Acts of the Parliament of the
United Kingdom or provisions ofsuch Acts—Australian Courts Act 1828,
section 15Judicial Committee Act 1833Judicial Committee Act 1844Australian Constitutions Act 1850,
section 28Colonial Courts of Admiralty Act 1890,
section 6.(4)Nothing in the foregoing provisions of
this section—(a)affects an appeal instituted before
the commencement of this Actto Her Majesty
in Council from or in respect of a decision of anAustralian court; or(b)precludes the institution after that
commencement of an appeal toHerMajestyinCouncilfromorinrespectofsuchadecisionwhere the appeal
is instituted—(i)pursuanttoleavegrantedbyanAustraliancourtonanapplication made
before that commencement; or(ii)pursuant to special leave granted by Her
Majesty in Councilon a petition presented before that
commencement;butthissubsectionshallnotbeconstruedaspermittingorenablinganappeal to Her Majesty in Council to be
instituted or continued that couldnot have been
instituted or continued if this section had not been
enacted.12Amendment of Statute of
WestminsterSections 4, 9(2) and (3) and 10(2) of
theStatute of Westminster 1931,
inso far as they are part of the law of the
Commonwealth, of a State or of aTerritory, are
hereby repealed.13Amendment of Constitution Act of
Queensland(1)TheConstitutionAct1867oftheStateofQueenslandisinthissection referred
to as the Principal Act.(2)Section 11A of
the Principal Act is amended in subsection (3)—
9Australia Acts (Request) Act
1985SCHEDULE 1 (continued)(a)by
omitting from paragraph (a)—(i)‘and
Signet’; and(ii)‘constituted
under Letters Patent under the Great Seal of theUnited Kingdom’; and(b)by
omitting from paragraph (b)—(i)‘and
Signet’; and(ii)‘whenever and so
long as the office of Governor is vacant ortheGovernorisincapableofdischargingthedutiesofadministration or has departed from
Queensland’.(3)Section 11B of the Principal Act is
amended—(a)byomitting‘Governortoconformtoinstructions’andsubstituting ‘Definition of Royal Sign
Manual’; and(b)by omitting subsection (1); and(c)by omitting from subsection
(2)—(i)‘(2)’; and(ii)‘this section and in’; and(iii)‘and the
expression ‘Signet’ means the seal commonly usedfor
the sign manual of the Sovereign or the seal with whichdocuments are sealed by the Secretary of
State in the UnitedKingdom on behalf of the Sovereign’.(4)Section14ofthePrincipalActisamendedinsubsection(2)byomitting ‘, subject to his performing
his duty prescribed by section 11B’.14Amendment of Constitution Act of Western
Australia(1)TheConstitution Act
1889of the State of Western Australia is in
thissection referred to as the Principal
Act.(2) Section 50 of
the Principal Act is amended in subsection (3)—(a)by
omitting from paragraph (a)—(i)‘and
Signet’; and(ii)‘constituted
under Letters Patent under the Great Seal of theUnited Kingdom’;
10Australia Acts (Request) Act
1985SCHEDULE 1 (continued)(b)by
omitting from paragraph (b)—(i)‘and
Signet’; and(ii)‘whenever and so
long as the office of Governor is vacant ortheGovernorisincapableofdischargingthedutiesofadministration or has departed from Western
Australia’; and(c)by omitting from paragraph (c)—(i)‘under the Great Seal of the United
Kingdom’; and(ii)‘duringatemporaryabsenceoftheGovernorforashortperiod from the seat of Government or from
the State’.(3)Section 51 of the Principal Act is
amended—(a)by omitting subsection (1); and(b)by omitting from subsection
(2)—(i)‘(2)’; and(ii)‘this section and in’; and(iii)‘and the
expression ‘Signet’ means the seal commonly usedfor
the sign manual of the Sovereign or the seal with whichdocuments are sealed by the Secretary of
State in the UnitedKingdom on behalf of the Sovereign’.15Method of repeal or amendment of this
Act or Statute ofWestminster(1)This
Act or theStatute of Westminster 1931, as
amended and in forcefrom time to time, in so far as it is
part of the law of the Commonwealth, ofaStateorofa Territory,mayberepealedoramendedbyan
ActoftheParliamentoftheCommonwealthpassedattherequestorwiththeconcurrence of the Parliaments of all States
and, subject to subsection (3)below, only in
that manner.(2)For the purposes of subsection (1)
above, an Act of the Parliament oftheCommonwealththatisrepugnanttothisActortheStatuteofWestminster 1931, as amended and
in force from time to time, or to anyprovision of this
Act or of that Statute as so amended and in force, shall, tothe
extent of the repugnancy, be deemed an Act to repeal or amend the
Act,Statute or provision to which it is
repugnant.
11Australia Acts (Request) Act
1985SCHEDULE 1 (continued)(3)Nothing in subsection (1) above limits or
prevents the exercise by theParliamentoftheCommonwealthofanypowersthatmaybeconferreduponthatParliamentbyanyalterationtotheConstitutionoftheCommonwealth made in accordance with
section 128 of the Constitutionof the
Commonwealth after the commencement of this Act.16Interpretation(1)In
this Act, unless the contrary intention appears—“appeal”includes a
petition of appeal, and a complaint in the nature of anappeal;“appeal to Her
Majesty in Council”includes any appeal to Her Majesty;“Australian court”means a court of
a State or any other court of Australiaor of a
Territory other than the High Court;“court”includes a Judge, judicial officer or other
person acting judicially;“decision”includes
determination, judgment, decree, order or sentence;“Governor”, in relation to
a State, includes any person for the time beingadministering
the government of the State;“State”means a State of the Commonwealth and
includes a new State;“the Commonwealth of Australia
Constitution Act”means the Act ofthe Parliament
of the United Kingdom known as the Commonwealthof Australia
Constitution Act;“the Constitution of the Commonwealth”means the Constitution of theCommonwealthsetforthinsection9oftheCommonwealthofAustralia Constitution Act, being that
Constitution as altered and inforce from time
to time;“the Statute of Westminster 1931”means the Act of the Parliament of
theUnited Kingdom known as theStatute of Westminster 1931.(2)The expression
‘a law made by that Parliament’ in section 6 aboveandtheexpression‘alawmadebytheParliament’ insection9aboveinclude,inrelationtotheStateofWesternAustralia,theConstitutionAct 1889of
that State.(3)AreferenceinthisActtotheParliamentofaStateincludes,inrelation to the State of New South
Wales, a reference to the legislature of
12Australia Acts (Request) Act
1985SCHEDULE 1 (continued)thatStateasconstitutedfromtimetotimeinaccordancewiththeConstitution Act1902, or
any other Act of that State, whether or not, inrelationtoanyparticularlegislativeact,theconsentoftheLegislativeCouncil of that
State is necessary.17Short title and commencement(1)This Act may be cited as theAustralia Act 1986.(2)This
Act shall come into operation on a day and at a time to be
fixedby proclamation.
13Australia Acts (Request) Act
1985SCHEDULE 2sections 3,
4An Act to request, and consent to, the
enactment by the Parliament ofthe United
Kingdom of an Act in the terms set out in the Scheduleto
this ActWHEREAS the Prime Minister of the
Commonwealth and the Premiersof the States at
conferences held in Canberra on 24 and 25 June 1982 and21June1984agreedonthetakingofcertainmeasurestobringconstitutionalarrangementsaffectingtheCommonwealthandtheStatesintoconformitywiththestatusoftheCommonwealthof
Australiaasasovereign,
independent and federal nation.BE IT THEREFORE
ENACTED by the Queen, and the Senate and theHouse of
Representatives of the Commonwealth of Australia, as
follows—1Short titleThis Act may be
cited as theAustralia (Request and Consent) Act
1985.2CommencementThis Act shall
come into operation on the day on which it receives theRoyal
Assent.3Request and consent to United Kingdom
legislationItisherebydeclaredthattheParliamentandGovernmentoftheCommonwealth, with the concurrence of
all the States, request and consentto the enactment
by the Parliament of the United Kingdom of an Act in theterms
set out in the Schedule.
14Australia Acts (Request) Act
1985SCHEDULE 2 (continued)SCHEDULEsection 3An Act to give
effect to a request by the Parliament and Government ofthe
Commonwealth of AustraliaWHEREAS the Parliament and Government
of the Commonwealth ofAustralia have, with the concurrence of
the States of Australia, requestedand consented to
the enactment of an Act of the Parliament of the UnitedKingdom in the terms hereinafter set
forth.Be it therefore enacted by the Queen’s most
Excellent Majesty, by andwiththeadviceandconsentoftheLordsSpiritualandTemporal,andCommons, in this present Parliament
assembled, and by the authority ofthe same, as
follows—1Termination of power of Parliament of
United Kingdom tolegislate for AustraliaNoActoftheParliamentoftheUnitedKingdompassedafterthecommencement of this Act shall extend,
or be deemed to extend, to theCommonwealth,toaStateortoaTerritoryaspartofthelawoftheCommonwealth, of the State or of the
Territory.2Legislative powers of Parliaments of
States(1)It is hereby declared and enacted that
the legislative powers of theParliament of
each State include full power to make laws for the peace,orderandgoodgovernmentofthatStatethathaveextraterritorialoperation.(2)It is hereby further declared and
enacted that the legislative powers oftheParliamentofeachStateincludealllegislativepowersthattheParliamentoftheUnitedKingdommighthaveexercisedbeforethecommencement of this Act for the peace,
order and good government of
15Australia Acts (Request) Act
1985SCHEDULE 2 (continued)SCHEDULE
(continued)that State but nothing in this subsection
confers on a State any capacity thatthe State did not
have immediately before the commencement of this Act toengage in relations with countries outside
Australia.3Termination of restrictions on
legislative powers of Parliaments ofStates(1)TheColonial Laws
Validity Act 1865shall not apply to any law madeafter
the commencement of this Act by the Parliament of a State.(2)No law and no provision of any law
made after the commencementof this Act by
the Parliament of a State shall be void or inoperative on
theground that it is repugnant to the law of
England, or to the provisions ofany existing or
future Act of the Parliament of the United Kingdom, or toany
order, rule or regulation made under any such Act, and the powers
ofthe Parliament of a State shall include the
power to repeal or amend anysuch Act, order,
rule or regulation in so far as it is part of the law of theState.4Powers of State Parliaments in relation to
merchant shippingSections 735 and 736 of theMerchant Shipping Act 1894, in
so far asthey are part of the law of a State, are
hereby repealed.5Commonwealth Constitution,
Constitution Act and Statute ofWestminster not
affectedSections 2 and 3(2) above—(a)are subject to the Commonwealth of
Australia Constitution Actand to the Constitution of the
Commonwealth; and(b)do not operate so as to give any force
or effect to a provision ofan Act of the
Parliament of a State that would repeal, amend orberepugnanttothisAct,theCommonwealthofAustraliaConstitution
Act, the Constitution of the Commonwealth or theStatute of Westminster 1931as
amended and in force from timeto
time.
16Australia Acts (Request) Act
1985SCHEDULE 2 (continued)SCHEDULE
(continued)6Manner and form of making certain
State lawsNotwithstandingsections2and3(2)above,alawmadeafterthecommencementofthis
ActbytheParliamentofaStaterespectingtheconstitution, powers or procedure of the
Parliament of the State shall be ofno force or
effect unless it is made in such manner and form as may fromtime
to time be required by a law made by that Parliament, whether
madebefore or after the commencement of this
Act.7Powers and functions of Her Majesty
and Governors in respect ofStates(1)Her
Majesty’s representative in each State shall be the
Governor.(2)Subject to subsections (3) and (4)
below, all powers and functions ofHer Majesty in
respect of a State are exercisable only by the Governor ofthe
State.(3)Subsection(2)abovedoesnotapplyinrelationtothepowertoappoint, and the power to terminate the
apointment of, the Governor of aState.(4)While Her Majesty is personally
present in a State, Her Majesty isnot precluded
from exercising any of Her powers and functions in respectof
the State that are the subject of subsection (2) above.(5)The advice to Her Majesty in relation
to the exercise of the powersand functions of
Her Majesty in respect of a State shall be tendered by thePremier of the State.8State
laws not subject to disallowance or suspension of operationAn
ActoftheParliamentofaStatethathasbeenassentedtobytheGovernor of the State shall not, after the
commencement of this Act, besubjecttodisallowancebyHerMajesty,norshallitsoperationbesuspended pending the signification of Her
Majesty’s pleasure thereon.9State laws not
subject to withholding of assent or reservation(1)No
law or instrument shall be of any force or effect in so far as
itpurports to require the Governor of a State
to withhold assent from any Bill
17Australia Acts (Request) Act
1985SCHEDULE 2 (continued)SCHEDULE
(continued)for an Act of the State that has been passed
in such manner and form asmay from time to time be required by a
law made by the Parliament of theState.(2)No law or instrument shall be of any
force or effect in so far as itpurports to
require the reservation of any Bill for an Act of a State for
thesignification of Her Majesty’s pleasure
thereon.10Termination of responsibility of
United Kingdom Government inrelation to State
mattersAfter the commencement of this Act Her
Majesty’s Government in theUnitedKingdomshallhavenoresponsibilityforthegovernmentofanyState.11Termination of appeals to Her Majesty in
Council(1)Subject to subsection (4) below, no
appeal to Her Majesty in Councillies or shall be
brought, whether by leave or special leave of any court or
ofHer Majesty in Council or otherwise, and
whether by virtue of any Act ofthe Parliament of
the United Kingdom, the Royal Prerogative or otherwise,from
or in respect of any decision of an Australian court.(2)Subject to subsection (4)
below—(a)the enactments specified in subsection
(3) below and any orders,rules,regulationsorotherinstrumentsmadeunder,orforthepurposes of,
those enactments; and(b)anyotherprovisionsofActsoftheParliamentoftheUnitedKingdom in force
immediately before the commencement of thisActthatmakeprovisionfororinrelationtoappealstoHerMajesty in Council from or in respect
of decisions of courts, andany orders,
rules, regulations or other instruments made under, orfor
the purposes of, any such provisions;in so far as they
are part of the law of the Commonwealth, of a State or of aTerritory, are hereby repealed.(3)Theenactmentsreferredtoinsubsection(2)(a)abovearethefollowing Acts of the Parliament of the
United Kingdom or provisions ofsuch
Acts—
18Australia Acts (Request) Act
1985SCHEDULE 2 (continued)SCHEDULE
(continued)Australian Courts Act 1828,
section 15Judicial Committee Act 1833Judicial Committee Act 1844Australian Constitutions Act 1850,
section 28Colonial Courts of Admiralty Act 1890,
section 6.(4)Nothing in the foregoing provisions of
this section—(a)affects an appeal instituted before
the commencement of this Actto Her Majesty
in Council from or in respect of a decision of anAustralian court; or(b)precludes the institution after that
commencement of an appeal toHerMajestyinCouncilfromorinrespectofsuchadecisionwhere the appeal
is instituted—(i)pursuanttoleavegrantedbyanAustraliancourtonanapplication made
before that commencement; or(ii)pursuant to special leave granted by Her
Majesty in Councilon a petition presented before that
commencement;butthissubsectionshallnotbeconstruedaspermittingorenablinganappeal to Her Majesty in Council to be
instituted or continued that couldnot have been
instituted or continued if this section had not been
enacted.12Amendment of Statute of
WestminsterSections 4, 9(2) and (3) and 10(2) of
theStatute of Westminster 1931,
inso far as they are part of the law of the
Commonwealth, of a State or of aTerritory, are
hereby repealed.13Amendment of Constitution Act of
Queensland(1)TheConstitutionAct1867oftheStateofQueenslandisinthissection referred
to as the Principal Act.(2)Section 11A of
the Principal Act is amended in subsection (3)—(a)by
omitting from paragraph (a)—(i)‘and
Signet’; and
19Australia Acts (Request) Act
1985SCHEDULE 2 (continued)SCHEDULE
(continued)(ii)‘constituted
under Letters Patent under the Great Seal of theUnited Kingdom’; and(b)by
omitting from paragraph (b)—(i)‘and
Signet’; and(ii)‘whenever and so
long as the office of Governor is vacant ortheGovernorisincapableofdischargingthedutiesofadministration or has departed from
Queensland’.(3)Section 11B of the Principal Act is
amended—(a)byomitting‘Governortoconformtoinstructions’andsubstituting ‘definition of Royal Sign
Manual’; and(b)by omitting subsection (1); and(c)by omitting from subsection
(2)—(i)‘(2)’; and(ii)‘this section and in’; and(iii)‘and the
expression ‘Signet’ means the seal commonly usedfor
the sign manual of the Sovereign or the seal with whichdocuments are sealed by the Secretary of
State in the UnitedKingdom on behalf of the Sovereign’.(4)Section14ofthePrincipalActisamendedinsubsection(2)byomitting ‘, subject to his performing
his duty prescribed by section 11B,’.14Amendment of Constitution Act of Western
Australia(1)TheConstitution Act
1889of the State of Western Australia is in
thissection referred to as the Principal
Act.(2)Section 50 of the Principal Act is
amended in subsection (3)—(a)by omitting from
paragraph (a)—(i)‘and Signet’; and(ii)‘constituted under Letters Patent under the
Great Seal of theUnited Kingdom’; and(b)by
omitting from paragraph (b)—
20Australia Acts (Request) Act
1985SCHEDULE 2 (continued)SCHEDULE
(continued)(i)‘and Signet’; and(ii)‘whenever and so long as the office of
Governor is vacant ortheGovernorisincapableofdischargingthedutiesofadministration or has departed from Western
Australia’; and(c)by omitting from paragraph (c)—(i)‘under the Great Seal of the United
Kingdom’; and(ii)‘duringatemporaryabsenceoftheGovernorforashortperiod from the seat of Government or from
the State’.(3)Section 51 of the Principal Act is
amended—(a)by omitting subsection (1); and(b)by omitting from subsection
(2)—(i)‘(2)’; and(ii)‘this section and in’; and(iii)‘and the
expression ‘Signet’ means the seal commonly usedfor
the sign manual of the Sovereign or the seal with whichdocuments are sealed by the Secretary of
State in the UnitedKingdom on behalf of the Sovereign’.15Method of repeal or amendment of this
Act or Statute ofWestminster(1)This
Act or theStatute of Westminster 1931, as
amended and in forcefrom time to time, in so far as it is
part of the law of the Commonwealth, ofaStateorofa Territory,mayberepealedoramendedbyan
ActoftheParliamentoftheCommonwealthpassedattherequestorwiththeconcurrenceoftheParliamentsofalltheStatesand,subjecttosubsection (3) below, only in that
manner.(2)For the purposes of subsection (1)
above, an Act of the Parliament oftheCommonwealththatisrepugnanttothisActortheStatuteofWestminster 1931, as amended and
in force from time to time, or to anyprovision of this
Act or of that Statute as so amended and in force, shall, tothe
extent of the repugnancy, be deemed an Act to repeal or amend the
Act,Statute or provision to which it is
repugnant.
21Australia Acts (Request) Act
1985SCHEDULE 2 (continued)SCHEDULE
(continued)(3)Nothing in subsection (1) above limits
or prevents the exercise by theParliamentoftheCommonwealthofanypowersthatmaybeconferreduponthatParliamentbyanyalterationtotheConstitutionoftheCommonwealth made in accordance with
section 128 of the Constitutionof the
Commonwealth after the commencement of this Act.16Interpretation(1)In
this Act—“appeal”includes a
petition of appeal, and a complaint in the nature of anappeal;“appeal to Her
Majesty in Council”includes any appeal to Her Majesty;“Australian court”means a court of
a State or any other court of Australiaor of a
Territory other than the High Court of Australia;“court”includes a
Judge, judicial officer or other person acting judicially;“decision”includes
determination, judgment, decree, order or sentence;“Governor”, in relation to
a State, includes any person for the time beingadministering
the government of the State;“State”means a State of the Commonwealth and
includes a new State;“Territory”means a
territory referred to in section 122 of the Constitutionof
the Commonwealth;“theCommonwealth”meanstheCommonwealthofAustraliaasestablished under the Commonwealth of
Australia Constitution Act;“the Constitution of the
Commonwealth”means the Constitution of theCommonwealthsetforthinsection9oftheCommonwealthofAustralia Constitution Act, being that
Constitution as altered and inforce from time
to time.(2)The expression “a law made by that
Parliament” in section 6 aboveandtheexpression“alawmadebytheParliament”insection9aboveinclude, in
relation to the State of Western Australia, theConstitution
Act1889of that State.(3)AreferenceinthisActtotheParliamentofaStateincludes,inrelation to the State of New South
Wales, a reference to the legislature of
22Australia Acts (Request) Act
1985SCHEDULE 2 (continued)SCHEDULE
(continued)thatStateasconstitutedfromtimetotimeinaccordancewiththeConstitution Act1902, or
any other Act of that State, whether or not, inrelationtoanyparticularlegislativeact,theconsentoftheLegislativeCouncil of that
State is necessary.17Citation and commencement(1)This Act may be cited as theAustralia Act 1986.(2)This Act shall come into force on such
day and at such time as theSecretary of
State may by order made by statutory instrument
appoint.
