(1) In this Act, unless the contrary intention appears —
16 (1) In this Act, unless the contrary intention appears —
appeal includes a petition of appeal, and a complaint in the nature of an appeal;
appeal to Her Majesty in Council includes any appeal to Her Majesty;
Australian court means a court of a State or any other court of Australia or of a Territory other than the High Court;
court includes a judge, judicial officer or other person acting judicially;
decision includes determination, judgment, decree, order or sentence;
Governor, in relation to a State, includes any person for the time being administering the government of the State;
State means a State of the Commonwealth and includes a new State;
the Commonwealth of Australia Constitution Act means the Act of the Parliament of the United Kingdom known as the Commonwealth of Australia Constitution Act;
the Constitution of the Commonwealth means the Constitution of the Commonwealth set forth in section 9 of the Commonwealth of Australia Constitution Act, being that Constitution as altered and in force from time to time;
the Statute of Westminster 1931 means the Act of the Parliament of the United Kingdom known as the Statute of Westminster 1931.
The expression “a law made by that Parliament” in section 6 above and the expression “a law made by the Parliament” in section 9 above include, in relation to the State of Western Australia, the Constitution Act, 1889 of that State.
A reference in this Act to the Parliament of a State includes, in relation to the State of New South Wales, a reference to the legislature of that State as constituted from time to time in accordance with the Constitution Act, 1902, or any other Act of that State, whether or not, in relation to any particular legislative act, the consent of the Legislative Council of that State is necessary.
Short title and commencement 2
17. (1) This Act may be cited as the Australia Act 1986.
This Act shall come into operation on a day and at a time to be fixed by Proclamation.
Second Schedule — Requested Commonwealth Act: Australia (Request and Consent) Act 1985
[s. 5]
[Heading amended: No. 19 of 2010 s. 4.]
An Act to request, and consent to, the enactment by the Parliament of the United Kingdom of an Act in the terms set out in the Schedule to this Act
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:
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Australia (Request and Consent) Act 1985.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent 4.
Request and consent to United Kingdom legislation
3. It is hereby declared that the Parliament and Government of the Commonwealth, with the concurrence of all the States, request and consent to the enactment by the Parliament of the United Kingdom of an Act in the terms set out in the Schedule.
_________
Schedule
Section 3
An Act to give effect to a request by the Parliament and Government of the Commonwealth of Australia.
WHEREAS the Parliament and Government of the Commonwealth of Australia have, with the concurrence of the States of Australia, requested and consented to the enactment of an Act of the Parliament of the United Kingdom in the terms hereinafter set forth:
Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Termination of power of Parliament of United Kingdom to legislate for Australia
1. 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.
Legislative powers of Parliaments of States
2. (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.
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 the commencement of this Act for the peace, order and good government of that State but nothing in this subsection confers on a State any capacity that the State did not have immediately before the commencement of this Act to engage in relations with countries outside Australia.
Termination of restrictions on legislative powers of Parliaments of States
3. (1) The Colonial Laws Validity Act 1865 shall not apply to any law made after the commencement of this Act by the Parliament of a State.
No law and no provision of any law made after the commencement of this Act by the Parliament of a State shall be void or inoperative on the ground that it is repugnant to the law of England, or 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 a State shall include the power to repeal or amend any such Act, order, rule or regulation in so far as it is part of the law of the State.
Powers of State Parliaments in relation to merchant shipping
4. Sections 735 and 736 of the Merchant Shipping Act 1894, in so far as they are part of the law of a State, are hereby repealed.
Commonwealth Constitution, Constitution Act and Statute of Westminster not affected
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