Australia Act 1986
No. 142, 1985
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
Contents
1 Termination of power of Parliament of United Kingdom to legislate for Australia
2 Legislative powers of Parliaments of States
3 Termination of restrictions on legislative powers of Parliaments of States
4 Powers of State Parliaments in relation to merchant shipping
5 Commonwealth Constitution, Constitution Act and Statute of Westminster not affected
6 Manner and form of making certain State laws
7 Powers and functions of Her Majesty and Governors in respect of States
8 State laws not subject to disallowance or suspension of operation
9 State laws not subject to withholding of assent or reservation
10 Termination of responsibility of United Kingdom Government in relation to State matters
11 Termination of appeals to Her Majesty in Council
12 Amendment of Statute of Westminster
13 Amendment of Constitution Act of Queensland
14 Amendment of Constitution Act of Western Australia
15 Method of repeal or amendment of this Act or Statute of Westminster
16 Interpretation
17 Short title and commencement
Australia Act 1986
No. 142, 1985
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
[Assented to 4 December 1985]
The Parliament of Australia enacts:
WHEREAS the Prime Minister of the Commonwealth and the Premiers of the States at conferences held in Canberra on 24 and 25 June 1982 and 21 June 1984 agreed on the taking of certain measures 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:
AND WHEREAS in pursuance of paragraph 51 (xxxviii) of the Constitution the Parliaments of all the States have requested the Parliament of the Commonwealth to enact an Act in the terms of this Act:
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
1 Termination of power of Parliament of United Kingdom to legislate for Australia
No Act of the Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to the Commonwealth, to a State or to a Territory as part of the law of the Commonwealth, of the State or of the Territory.
2 Legislative powers of Parliaments of States
(1) It is hereby declared and enacted that the legislative powers of the Parliament of each State include full power to make laws for the peace, order and good government of that State that have extra‑territorial operation.
(2) It is hereby further declared and enacted that the legislative powers of the Parliament of each State include all legislative powers that the Parliament of the United Kingdom might have exercised before…
Overview
The Australia Act 1986, enacted by the Parliament of Australia, was introduced to fully establish the Commonwealth of Australia as a sovereign, independent, and federal nation. It sought to bring constitutional arrangements affecting the Commonwealth and the States into conformity with this status by terminating the legislative powers of the United Kingdom Parliament over Australian territories and ensuring that Australian laws are no longer subject to disallowance or suspension by the British monarch. The Act also clarified the legislative powers of State Parliaments, removed restrictions imposed by the Colonial Laws Validity Act 1865, and ended the jurisdiction of the Judicial Committee of the Privy Council over Australian courts. The policy objective was to secure complete legislative independence for Australia, allowing it to fully exercise its sovereignty without external legislative interference.
Scope and Application
The Australia Act 1986 applies to the Commonwealth of Australia and the various states and territories that make up the nation, aiming to align the constitutional arrangements with Australia's status as a sovereign, independent, and federal nation. The Act effectively terminates the legislative authority of the United Kingdom Parliament over Australia by prohibiting any Act of the UK Parliament passed after the commencement of this Act from extending to the Commonwealth, any state, or a territory as part of their respective laws. Additionally, it affirms that state parliaments possess full legislative powers for their territories, including the capacity to enact laws with extra-territorial effect. The Act also removes restrictions on state legislative powers previously imposed by the Colonial Laws Validity Act 1865 and ensures state laws are not voided based on repugnancy to UK laws. It further provides that state laws are not subject to disallowance or suspension by the UK monarch and ends the UK Government's responsibility for state matters. The Act also abolishes appeals to the UK Privy Council from Australian courts, subject to certain exceptions for appeals initiated before the Act's commencement. Notably, the Act allows for its repeal or amendment only through a Commonwealth Act passed with the concurrence of all state parliaments.
Key Provisions
- The Australia Act 1986, section 1, terminates the power of the Parliament of the United Kingdom to legislate for Australia. This means that no Act of the Parliament of the United Kingdom passed after the commencement of this Act will extend to the Commonwealth, a State, or a Territory as part of the law of the Commonwealth, the State, or the Territory. Section 2 declares that the legislative powers of the Parliament of each State include full power to make laws for the peace, order, and good government of that State with extra-territorial operation. This includes all legislative powers that the Parliament of the United Kingdom might have exercised before the commencement of this Act for the peace, order, and good government of that State. Section 3 terminates the application of the Colonial Laws Validity Act 1865 to any law made by the Parliament of a State after the commencement of this Act. It also ensures that no such law or provision of any law can be void or inoperative on the ground that it is repugnant to the law of England or any Act of the Parliament of the United Kingdom. Section 4 repeals Sections 735 and 736 of the Merchant Shipping Act 1894 as they apply to the States.
- The Australia Act 1986 imposes several obligations on the Parliaments of the States. Section 6 requires that a law made by a State Parliament respecting the constitution, powers, or procedure of that Parliament be made in the manner and form required by a law of that Parliament. Section 15 stipulates that any repeal or amendment of the Australia Act 1986 or the Statute of Westminster 1931 must be done by an Act of the Parliament of the Commonwealth passed at the request or with the concurrence of the Parliaments of all the States.
- Breaching the provisions of the Australia Act 1986 can lead to significant legal consequences. Although the Act itself does not explicitly outline offences or penalties for breaches, laws made under its authority may specify penalties for non-compliance. For example, if a State Parliament enacts a law that is not in the required manner and form as specified in Section 6, that law would be of no force or effect. Additionally, any attempt to legislate contrary to the provisions of this Act or to repeal or amend it without proper concurrence could be challenged in court, potentially leading to the law being declared invalid. The serious nature of these potential consequences underscores the importance of adhering to the Act's stipulations.
- Area of Law
- Constitutional Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Regulatory Standards