Australia Acts (Request) Act 1999 (TAS)

Australia Acts (Request) Act 1999

An Act to request the amendment of the Australia Acts 1986 in connection with proposed constitutional arrangements to establish the Commonwealth of Australia as a republic

[Royal Assent 16 July 1999]

Whereas –

(a) 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; and (b) 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; and (c) 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; and (d) section 15(1) of each of the Australia Acts mentioned in paragraph (c) 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 –

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Australia Acts (Request) Act 1999 . 2CommencementThis 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 1986The 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 Schedule 1 . 4Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Premier; and (b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet. Schedule 1

Section 3

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:
1. Short title
This Act may be cited as the Australia Acts Amendment Act 1999.
2. Commencement
(1) This Act commences on a day to be fixed by Proclamation.
(2) That day must not be before the day on which the Constitution Alteration (Establishment of Republic) 1999 receives the Royal Assent.
3. Schedule(s)
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.
SCHEDULE 1  –	Australia Act 1986 of the Commonwealth
1. At the end of section 7
Add:
(6) The Parliament of a State may make a law providing that the preceding subsections do not apply to the State.
(7) 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.
SCHEDULE 2  –	Australia Act 1986 of the Parliament of the United Kingdom
1. Amendment of Imperial Act
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.
2. At the end of section 7
Add:
(6) The Parliament of a State may make a law providing that the preceding subsections do not apply to the State.
(7) 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.

[Second reading presentation speech made in:

House of Assembly on 3 JUNE 1999

Legislative Council on 22 JUNE 1999]