Untitled document

Australia Acts (Request) Act 1999

Act No. 33/1999

TABLE OF PROVISIONS

Section Page

1.	Purpose	2
2.	Commencement	2
3.	Request for amendment of Australia Acts 1986	2

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SCHEDULE 3

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NOTES 5

i

Victoria

No. 33 of 1999

Australia Acts (Request) Act 1999†

[Assented to 8 June 1999]

Preamble

(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.

Australia Acts (Request) Act 1999

Act No. 33/1999 s. 1

(4) Section 15(1) of each of the Australia Acts mentioned in

sub-clause (3) provides for the amendment of each of those 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 Parliament of Victoria therefore enacts as follows:

1. Purpose

The purpose of this Act is to request the amendment of the Australia Acts 1986 in connection with proposed constitutional arrangements to establish the Commonwealth of Australia as a republic.

2. Commencement

This Act comes into operation on the day after the
day on which the Constitution Alteration
(Establishment of Republic) 1999 of the

Commonwealth receives the Royal Assent.

3. Request for amendment of Australia Acts 1986

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.

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Australia Acts (Request) Act 1999

Sch. Act No. 33/1999

SCHEDULE

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.

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Australia Acts (Request) Act 1999

Act No. 33/1999 Sch.

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.

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Australia Acts (Request) Act 1999

Notes Act No. 33/1999

NOTES

†

Minister's second reading speech—

Legislative Assembly: 6 May 1999

Legislative Council: 27 May 1999

The long title for the Bill for this Act was "to request the amendment of
the Australia Acts 1986 in connection with proposed constitutional

arrangements to establish the Commonwealth of Australia as a republic."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 26 May 1999

Legislative Council: 2 June 1999