Constitutional Powers (New South Wales) Act 1978 (NSW)

CONSTITUTIONAL POWERS (NEW SOUTH WALES)

ACT, 1978, No. 130

ANNO VICESIMO SEPTIMO

E L I Z A B E T H E II R E G I N E

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Act No. 130, 1978.

An Act to request the Parliament of the Commonwealth to enact an Act to remove certain restrictions on the exercise of legislative power by the Parliament of New South Wales. [Assented to, 21st December, 1978.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Constitutional Powers (New

South Wales) Act, 1978".

1. The Parliament requests the enactment by the Parliament

of the Commonwealth of an Act in or substantially in the terms

set out in Schedule 1.

S C H E D U L E 1.

A N A C T

To remove certain Restrictions on the exercise of Legislative Power by

the Parliament of New South Wales.

Whereas the Parliament of New South Wales has, by the Constitutional Powers ( N e w South Wales) Act, 1978, of that Parliament, requested the Parliament of the Commonwealth to enact an Act in or substantially in the terms of this Act:

BE IT THEREFORE E N A C T E D by the Queen, and the Senate and

House of Representatives of the Commonwealth of Australia, as follows:

I. This Act may be cited as the State Powers (New South Wales) Act

1979.

2. This Act shall come into operation on the day on which it receives

the Royal Assent.

S C H E D U L E 1—continued.

3.   In this Act—

"the Colonial Laws Validity Act" means the Act of the Parliament of the United Kingdom known as The Colonial Laws Validity Act, 1865;

"the Parliament of the United Kingdom" includes any Parliament that at any time has or had general power to enact laws having force in England;

"the State" means New South Wales.

4. ( 1 ) Notwithstanding sections 2 and 3 of the Colonial Laws Validity Act and any principle or rule of the common law but subject to this section, no law and no provision of any law made after the commencement of this Act by the Parliament of the State shall be void or inoperative on the ground that, or shall be affected in its operation by reason that, it is repugnant to the provisions of any existing or future Act of the Parliament of the United Kingdom, or to any order, rule or regulation made under any such Act, and the powers of the Parliament of the State shall include the power to repeal or amend any such Act, order, rule or regulation in so far as the same is part of the law of the State.

( 2 ) Sub-section (1 ) of this section does not affect the continued operation of section 3 of the Colonial Laws Validity Act in so far as that section has the effect that a law of the State is not to be or to be deemed to have been void or inoperative on the ground of repugnancy to the law of England other than repugnancy of the kind referred to in sub-section (1 ) of this section.

( 3 ) Sub-section (1 ) of this section does not operate so as to give

any force or effect t o —

(a) a provision of an Act of the Parliament of the State that would abrogate or affect the operation of section 5 of the Colonial Laws Validity Act in so far as that section requires an Act of the Parliament of the State respecting the constitution, powers or procedure of that Parliament to be passed in such manner and form as may from time to time be required by any Act of that Parliament for the time being in force in the State; or

S C H E D U L E 1— continued.

(b) a provision of an Act of the Parliament of the State that would repeal or amend, or be repugnant to, the Commonwealth of Australia Constitution Act, the Constitution of the Commonwealth or the Act of the Parliament of the United Kingdom known as the Statute of Westminster, 1931.