Australia Acts (Request) Act 1999 (NSW)

An Act to request the amendment of the Australia Acts in connection with proposed constitutional arrangements to establish the Commonwealth of Australia as a republic.

• (1)

  The Government of the Commonwealth proposes to introduce a Bill for a proposed law to alter the Constitution of the Commonwealth to establish the Commonwealth of Australia as a republic with a President chosen by a two-thirds majority of the members of the Commonwealth Parliament.

• (2)

  If passed by an absolute majority of each House of the Parliament, the proposed law will be put to the Australian people at a constitutional referendum in accordance with section 128 of the Constitution of the Commonwealth.

• (3)

  If the proposed law is approved by the Australian people, it is desirable that the Australia Act 1986 of the Commonwealth and the Australia Act 1986 of the Parliament of the United Kingdom be amended to remove any impediment to the alteration by a State of its laws relating to the powers and functions of Her Majesty and the Governor in respect of the State.

• (4)

  Section 15 (1) of each of the Australia Acts mentioned in subclause (3) provides for the amendment of each of those Acts by an Act of the Parliament of the Commonwealth passed at the request or with the concurrence of the Parliaments of all the States and, subject to section 15 (3) of each of those Acts, only in that manner.

The Legislature of New South Wales therefore enacts:

1Name of Act and purpose(1)

This Act is the Australia Acts (Request) Act 1999.

(2)

The purpose of this Act is to request the amendment of the Australia Acts in connection with proposed constitutional arrangements to establish the Commonwealth of Australia as a republic.

2Commencement

This Act commences on the day after the day on which the Constitution Alteration (Establishment of Republic) 1999 of the Commonwealth receives the Royal Assent.

3Request for amendment of Australia Acts

The Parliament of the State requests the enactment by the Parliament of the Commonwealth of an Act in, or substantially in, the terms set out in the Schedule.

ScheduleAustralia Acts Amendment Act 1999 of the Commonwealth

An Act to amend section 7 of the Australia Act 1986 of the Commonwealth and section 7 of the Australia Act 1986 of the Parliament of the United Kingdom

The Parliament of Australia enacts:

This Act may be cited as the Australia Acts Amendment Act 1999.

This Act commences on a day to be fixed by Proclamation.

That day must not be before the day on which the Constitution Alteration (Establishment of Republic) 1999 receives the Royal Assent.

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

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Australia Act 1986

Add:

The Parliament of a State may make a law providing that the preceding subsections do not apply to the State.

Upon the coming into effect in a State of a law referred to in subsection (6), this section ceases to apply to the State as provided by that law.

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Australia Act 1986

The Australia Act 1986 of the Parliament of the United Kingdom is amended as set out in this Schedule, so far as that Act is part of the law of Australia or of an external Territory.

Add:

The Parliament of a State may make a law providing that the preceding subsections do not apply to the State.

Upon the coming into effect in a State of a law referred to in subsection (6), this section ceases to apply to the State as provided by that law.