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The
Australia Act 1986 refers to two separate but related pieces of legislation. One is an
act of parliament of the
Parliament of Australia (No. 142 of 1985), the other being an Act of the
Parliament of the United Kingdom (c.2 1986). These Acts eliminated the remaining ties between the
legislature and judiciary of
Australia and their counterparts in the
United Kingdom. In particular, the Acts resolved the anomalous power of the United Kingdom's parliament to legislate over the individual Australian states, a power that it had exercised since colonial times and which had not been affected by the
1931 Statute of Westminster 1931.
Sir
Ninian Stephen,
Governor-General of Australia, assented to the Australian Act on December 4, 1985 and it came into effect on
March 3, 1986 by a proclamation signed by
Elizabeth II of the United Kingdom at
Government House, Canberra, Canberra. Enabling legislation to bring the UK and Australian Acts into force was passed by the parliaments of the United Kingdom and each of the States and territories of Australia.
One of the most significant effects of the Act was the termination of appeals from Australian courts to the
Judicial Committee of the Privy Council. Section 74 of the Constitution provided that the Parliament of Australia could make laws to prevent appeals to the council, and it did so, beginning in 1968, with the
Privy Council (Limitation of Appeals) Act 1968, which closed off all appeals to the Privy Council in matters involving federal legislation. In
1975, the
Privy Council (Appeals from the High Court) Act 1975 was passed, which had the effect of closing almost all routes of appeal from the High Court. However, appeals to the Privy Council from the Supreme Courts of the states remained open.
Section 11 of the
Australia Act had the effect of closing off such appeals from the state Supreme Courts. Only one theoretical avenue of appeal remains since the passing of the
Australia Act, the one set out in section 74 of the Constitution, which bars all appeals to the Privy Council on
inter se questions (disputes about the limitations of constitutional powers between the Commonwealth and the states, or between the states themselves) unless the High Court grants a certificate allowing the appeal. While the High Court may still theoretically grant such a certificate, the High Court stated in
Kirmani v Captain Cook Cruises (No 2) that the jurisdiction to grant such a certificate "has long since been spent" and is obsolete. Thus for practical purposes, the
Australia Act eliminated the remaining avenues of appeal to the Privy Council.
Another function of the
Australia Act was to establish some form of independence to the states of Australia. Imperial Acts such as the Statute of Westminster 1931 granted the Commonwealth of Australia various degrees of nationhood, but failed to apply to the State Governments. Because of this, prior to the passage of the Australia Act, these states essentially remained colonies under the British Crown. For example, the British Parliament retained the right to advise the monarch on her choice of state governors.
The revamping of constitutional arrangements at both federal and state level required each state parliament to pass its own enabling legislation. The long title of these state Acts (such as the
Australia Acts (Request) Act 1985 of New South Wales) were "An Act to bring constitutional arrangements affecting the Commonwealth and the States into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation." Collectively the federal, state and British Acts were known as the "Australia Acts".
See also
External links
-
- Documenting a Democracy, hosted by the National Archives of Australia
- Consolidated text of Australia Act 1986
The
Australia Act 1986 refers to two separate but related pieces of legislation. One is an
act of parliament of the Parliament of Australia (No. 142 of 1985), the other being an Act of the Parliament of the United Kingdom (c.2 1986). These Acts eliminated the remaining ties between the legislature and
judiciary of Australia and their counterparts in the
United Kingdom. In particular, the Acts resolved the anomalous power of the United Kingdom's parliament to legislate over the individual Australian states, a power that it had exercised since colonial times and which had not been affected by the
1931 Statute of Westminster 1931.
Sir
Ninian Stephen, Governor-General of Australia, assented to the Australian Act on
December 4, 1985 and it came into effect on March 3, 1986 by a proclamation signed by
Elizabeth II of the United Kingdom at
Government House, Canberra,
Canberra. Enabling legislation to bring the UK and Australian Acts into force was passed by the parliaments of the United Kingdom and each of the
States and territories of Australia.
One of the most significant effects of the Act was the termination of appeals from Australian courts to the Judicial Committee of the Privy Council. Section 74 of the Constitution provided that the Parliament of Australia could make laws to prevent appeals to the council, and it did so, beginning in 1968, with the
Privy Council (Limitation of Appeals) Act 1968, which closed off all appeals to the Privy Council in matters involving federal legislation. In 1975, the
Privy Council (Appeals from the High Court) Act 1975 was passed, which had the effect of closing almost all routes of appeal from the High Court. However, appeals to the Privy Council from the Supreme Courts of the states remained open.
Section 11 of the
Australia Act had the effect of closing off such appeals from the state Supreme Courts. Only one theoretical avenue of appeal remains since the passing of the
Australia Act, the one set out in section 74 of the Constitution, which bars all appeals to the Privy Council on
inter se questions (disputes about the limitations of constitutional powers between the Commonwealth and the states, or between the states themselves) unless the High Court grants a certificate allowing the appeal. While the High Court may still theoretically grant such a certificate, the High Court stated in
Kirmani v Captain Cook Cruises (No 2) that the jurisdiction to grant such a certificate "has long since been spent" and is obsolete. Thus for practical purposes, the
Australia Act eliminated the remaining avenues of appeal to the Privy Council.
Another function of the
Australia Act was to establish some form of independence to the states of Australia. Imperial Acts such as the Statute of Westminster 1931 granted the
Commonwealth of Australia various degrees of nationhood, but failed to apply to the State Governments. Because of this, prior to the passage of the Australia Act, these states essentially remained colonies under the British Crown. For example, the British Parliament retained the right to advise the monarch on her choice of state governors.
The revamping of constitutional arrangements at both federal and state level required each state parliament to pass its own enabling legislation. The long title of these state Acts (such as the
Australia Acts (Request) Act 1985 of New South Wales) were "An Act to bring constitutional arrangements affecting the Commonwealth and the States into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation." Collectively the federal, state and British Acts were known as the "Australia Acts".
See also
External links
Australia Act 1986 - Wikipedia, the free encyclopedia
The Australia Act 1986 is the name given to a pair of two separate but related pieces of legislation: one an Act of the Parliament of Australia (No. 142 of 1985), the other an Act ...
Australia Act 1986
arrangement of sections
Australia Act 1986 (c. 2)
This version of the Australia Act 1986 (c. 2) is from the UK Statute Law Database (SLD). It is not in the form in which it was originally enacted but is a revised version, which ...
AUSTRALIA ACT 1986
AUSTRALIA ACT 1986 TABLE OF PROVISIONS Long Title 1. Termination of power of Parliament of United Kingdom to legislate for Australia 2. Legislative powers of Parliaments ...
ComLaw Management - Series- Australia Act 1986
Number: No. 142, 1985: Brief Description: An Act to bring constitutional arrangements affecting the Commonwealth and the States into conformity with the status of the Commonwealth ...
Biological Control Act of 1986 (Australia) - What does BCA stand for ...
Acronym Definition; BCA: Business Case Analysis: BCA: Building Code of Australia: BCA: Boeing Commercial Airplanes: BCA: Board of Contract Appeals: BCA: Boston Center for the Arts
Documenting Democracy
... Constitution Act in 1900, to the Treaty of Versailles in 1919, the Balfour Declaration in 1926, the Statute of Westminster Adoption Act in 1942 and then the Australia Act in 1986.
Australia - Wikipedia, the free encyclopedia
The final constitutional ties between Australia and the UK were severed in 1986 with the passing of the Australia Act 1986, ending any British role in the government of the ...
Australia Act 1986
A complete hyperlinked version of The Australia Act 1986 which brings constitutional arrangements affecting the Commonwealth and the States into conformity with the status of the ...
Australia Act 1986
AustraliaAct86.doc 02/04/2003 2:34 pm Australia Act 1986 Act No. 142 of 1985 This compilation was prepared on 31 March 2003 Prepared by the Office of Legislative Drafting, Attorney ...
