{"id":"nsw:act-1985-109","name":"Australia Acts (Request) Act 1985","slug":"australia-acts-request-act-1985","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"109 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107512,"registerId":"nsw-act-1985-109-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Australia Acts (Request) Act 1985](/view/html/inforce/current/act-1985-109).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act shall commence on the date of assent to this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Request for Commonwealth legislation","content":"#### 3 Request for Commonwealth legislation\n\n3 Request for Commonwealth legislation\n\n> 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 First Schedule.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Request and consent to United Kingdom legislation","content":"#### 4 Request and consent to United Kingdom legislation\n\n4 Request and consent to United Kingdom legislation\n\n> The Parliament and Government of the State request and consent to the enactment by the Parliament of the United Kingdom of an Act in, or substantially in, the terms set out in the Schedule to the Act contained in the Second Schedule.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Request and consent to Commonwealth legislation","content":"#### 5 Request and consent to Commonwealth legislation\n\n5 Request and consent to Commonwealth legislation\n\n> The Parliament and Government of the State request and consent to the enactment by the Parliament of the Commonwealth of an Act in, or substantially in, the terms set out in the Second Schedule.","sortOrder":4},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"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","content":"# Schedule 1 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\n\nFirst Schedule\n\n(Section 3)\n\nAn 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\n\nWHEREAS 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:\n\nAND 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:\n\nBE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n**1.**\n\n**Termination of power of Parliament of United Kingdom to legislate for Australia**\n\nNo 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.\n\n**2.**\n\n**Legislative powers of Parliaments of States**\n\n> **(1)**\n> \n> 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.\n\n> **(2)**\n> \n> 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.\n\n**3.**\n\n**Termination of restrictions on legislative powers of Parliaments of States**\n\n> **(1)**\n> \n> The Act of the Parliament of the United Kingdom known as 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.\n\n> **(2)**\n> \n> 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.\n\n**4.**\n\n**Powers of State Parliaments in relation to merchant shipping**\n\nSections 735 and 736 of the Act of the Parliament of the United Kingdom known as the Merchant Shipping Act 1894, in so far as they are part of the law of a State, are hereby repealed.\n\n**5.**\n\n**Commonwealth Constitution, Constitution Act and Statute of Westminster not affected**\n\nSections 2 and 3 (2) above:\n\n> (a) are subject to the Commonwealth of Australia Constitution Act and to the Constitution of the Commonwealth; and\n\n> (b) do not operate so as to give any force or effect to a provision of an Act of the Parliament of a State that would repeal, amend or be repugnant to this Act, the Commonwealth of Australia Constitution Act, the Constitution of the Commonwealth or the Statute of Westminster 1931 as amended and in force from time to time.\n\n**6.**\n\n**Manner and form of making certain State laws**\n\nNotwithstanding sections 2 and 3 (2) above, a law made after the commencement of this Act by the Parliament of a State respecting the constitution, powers or procedure of the Parliament of the State shall be of no force or effect unless it is made in such manner and form as may from time to time be required by a law made by that Parliament, whether made before or after the commencement of this Act.\n\n**7.**\n\n**Powers and functions of Her Majesty and Governors in respect of States**\n\n> **(1)**\n> \n> Her Majesty’s representative in each State shall be the Governor.\n\n> **(2)**\n> \n> Subject to subsections (3) and (4) below, all powers and functions of Her Majesty in respect of a State are exercisable only by the Governor of the State.\n\n> **(3)**\n> \n> Subsection (2) above does not apply in relation to the power to appoint, and the power to terminate the appointment of, the Governor of a State.\n\n> **(4)**\n> \n> While Her Majesty is personally present in a State, Her Majesty is not precluded from exercising any of Her powers and functions in respect of the State that are the subject of subsection (2) above.\n\n> **(5)**\n> \n> The advice to Her Majesty in relation to the exercise of the powers and functions of Her Majesty in respect of a State shall be tendered by the Premier of the State.\n\n**8.**\n\n**State laws not subject to disallowance or suspension of operation**\n\nAn Act of the Parliament of a State that has been assented to by the Governor of the State shall not, after the commencement of this Act, be subject to disallowance by Her Majesty, nor shall its operation be suspended pending the signification of Her Majesty’s pleasure thereon.\n\n**9.**\n\n**State laws not subject to withholding of assent or reservation**\n\n> **(1)**\n> \n> No law or instrument shall be of any force or effect in so far as it purports to require the Governor of a State to withhold assent from any Bill for an Act of the State that has been passed in such manner and form as may from time to time be required by a law made by the Parliament of the State.\n\n> **(2)**\n> \n> No law or instrument shall be of any force or effect in so far as it purports to require the reservation of any Bill for an Act of a State for the signification of Her Majesty’s pleasure thereon.\n\n**10.**\n\n**Termination of responsibility of United Kingdom Government in relation to State matters**\n\nAfter the commencement of this Act Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of any State.\n\n**11.**\n\n**Termination of appeals to Her Majesty in Council**\n\n> **(1)**\n> \n> Subject to subsection (4) below, no appeal to Her Majesty in Council lies or shall be brought, whether by leave or special leave of any court or of Her Majesty in Council or otherwise, and whether by virtue of any Act of the Parliament of the United Kingdom, the Royal Prerogative or otherwise, from or in respect of any decision of an Australian court.\n\n> **(2)**\n> \n> Subject to subsection (4) below:\n> \n> > (a) the enactments specified in subsection (3) below and any orders, rules, regulations or other instruments made under, or for the purposes of, those enactments; and\n> \n> > (b) any other provisions of Acts of the Parliament of the United Kingdom in force immediately before the commencement of this Act that make provision for or in relation to appeals to Her Majesty in Council from or in respect of decisions of courts, and any orders, rules, regulations or other instruments made under, or for the purposes of, any such provisions,\n> \n> in so far as they are part of the law of the Commonwealth, of a State or of a Territory, are hereby repealed.\n\n> **(3)**\n> \n> The enactments referred to in subsection (2) (a) above are the following Acts of the Parliament of the United Kingdom or provisions of such Acts:\n> \n> > The Australian Courts Act 1828, section 15\n> \n> > The Judicial Committee Act 1833\n> \n> > The Judicial Committee Act 1844\n> \n> > The Australian Constitutions Act 1850, section 28\n> \n> > The Colonial Courts of Admiralty Act 1890, section 6.\n\n> **(4)**\n> \n> Nothing in the foregoing provisions of this section:\n> \n> > (a) affects an appeal instituted before the commencement of this Act to Her Majesty in Council from or in respect of a decision of an Australian court; or\n> \n> > (b) precludes the institution after that commencement of an appeal to Her Majesty in Council from or in respect of such a decision where the appeal is instituted:\n> > \n> > > (i) pursuant to leave granted by an Australian court on an application made before that commencement; or\n> > \n> > > (ii) pursuant to special leave granted by Her Majesty in Council on a petition presented before that commencement,\n> \n> but this subsection shall not be construed as permitting or enabling an appeal to Her Majesty in Council to be instituted or continued that could not have been instituted or continued if this section had not been enacted.\n\n**12.**\n\n**Amendment of Statute of Westminster**\n\nSections 4, 9 (2) and (3) and 10 (2) of the Statute of Westminster 1931, in so far as they are part of the law of the Commonwealth, of a State or of a Territory, are hereby repealed.\n\n**13.**\n\n**Amendment of Constitution Act of Queensland**\n\n> **(1)**\n> \n> The Constitution Act 1867–1978 of the State of Queensland is in this section referred to as the Principal Act.\n\n> **(2)**\n> \n> Section 11A of the Principal Act is amended in subsection (3):\n> \n> > (a) by omitting from paragraph (a):\n> > \n> > > > (i) “and Signet”; and\n> > > \n> > > > (ii) “constituted under Letters Patent under the Great Seal of the United Kingdom”; and\n> \n> > (b) by omitting from paragraph (b):\n> > \n> > > > (i) “and Signet”; and\n> > > \n> > > > (ii) “whenever and so long as the office of Governor is vacant or the Governor is incapable of discharging the duties of administration or has departed from Queensland”.\n\n> **(3)**\n> \n> Section 11B of the Principal Act is amended:\n> \n> > (a) by omitting “Governor to conform to instructions” and substituting “Definition of Royal Sign Manual”.\n> \n> > (b) by omitting subsection (1); and\n> \n> > (c) by omitting from subsection (2):\n> > \n> > > > (i) “(2)”;\n> > > \n> > > > (ii) “this section and in”; and\n> > > \n> > > > (iii) “and the expression ‘Signet’ means the seal commonly used for the sign manual of the Sovereign or the seal with which documents are sealed by the Secretary of State in the United Kingdom on behalf of the Sovereign”.\n\n> **(4)**\n> \n> Section 14 of the Principal Act is amended in subsection (2) by omitting “, subject to his performing his duty prescribed by section 11B,”.\n\n**14.**\n\n**Amendment of Constitution Act of Western Australia**\n\n> **(1)**\n> \n> The Constitution Act 1889 of the State of Western Australia is in this section referred to as the Principal Act.\n\n> **(2)**\n> \n> Section 50 of the Principal Act is amended in subsection (3):\n> \n> > (a) by omitting from paragraph (a):\n> > \n> > > > (i) “and Signet”; and\n> > > \n> > > > (ii) “constituted under Letters Patent under the Great Seal of the United Kingdom”;\n> \n> > (b) by omitting from paragraph (b):\n> > \n> > > > (i) “and Signet”; and\n> > > \n> > > > (ii) “whenever and so long as the office of Governor is vacant or the Governor is incapable of discharging the duties of administration or has departed from Western Australia”; and\n> \n> > (c) by omitting from paragraph (c):\n> > \n> > > > (i) “under the Great Seal of the United Kingdom”; and\n> > > \n> > > > (ii) “during a temporary absence of the Governor for a short period from the seat of Government or from the State”.\n\n> **(3)**\n> \n> Section 51 of the Principal Act is amended:\n> \n> > (a) by omitting subsection (1); and\n> \n> > (b) by omitting from subsection (2):\n> > \n> > > > (i) “(2)”;\n> > > \n> > > > (ii) “this section and in”; and\n> > > \n> > > > (iii) “and the expression ‘Signet’ means the seal commonly used for the sign manual of the Sovereign or the seal with which documents are sealed by the Secretary of State in the United Kingdom on behalf of the Sovereign”.\n\n**15.**\n\n**Method of repeal or amendment of this Act or Statute of Westminster**\n\n> **(1)**\n> \n> This Act or the Statute of Westminster 1931, as amended and in force from time to time, in so far as it is part of the law of the Commonwealth, of a State or of a Territory may be repealed or amended 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 subsection (3) below, only in that manner.\n\n> **(2)**\n> \n> For the purposes of subsection (1) above, an Act of the Parliament of the Commonwealth that is repugnant to this Act or the Statute of Westminster 1931, as amended and in force from time to time, or to any provision of this Act or of that Statute as so amended and in force, shall, to the extent of the repugnancy, be deemed an Act to repeal or amend the Act, Statute or provision to which it is repugnant.\n\n> **(3)**\n> \n> Nothing in subsection (1) above limits or prevents the exercise by the Parliament of the Commonwealth of any powers that may be conferred upon that Parliament by any alteration to the Constitution of the Commonwealth made in accordance with section 128 of the Constitution of the Commonwealth after the commencement of this Act.\n\n**16.**\n\n**Interpretation**\n\n> **(1)**\n> \n> In this Act, unless the contrary intention appears:\n> \n> **“appeal”** includes a petition of appeal, and a complaint in the nature of an appeal;\n> \n> **“appeal to Her Majesty in Council”** includes any appeal to Her Majesty;\n> \n> **“Australian court”** means a court of a State or any other court of Australia or of a Territory other than the High Court;\n> \n> **“court”** includes a judge, judicial officer or other person acting judicially;\n> \n> **“decision”** includes determination, judgment, decree, order or sentence;\n> \n> **“Governor”**, in relation to a State, includes any person for the time being administering the government of the State;\n> \n> **“State”** means a State of the Commonwealth and includes a new State;\n> \n> **“the Commonwealth of Australia Constitution Act”** means the Act of the Parliament of the United Kingdom known as the Commonwealth of Australia Constitution Act;\n> \n> **“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;\n> \n> **“the Statute of Westminster 1931”** means the Act of the Parliament of the United Kingdom known as the Statute of Westminster 1931.\n\n> **(2)**\n> \n> 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.\n\n> **(3)**\n> \n> 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](/view/html/inforce/current/act-1902-032), 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.\n\n**17.**\n\n**Short title and commencement**\n\n> **(1)**\n> \n> This Act may be cited as the Australia Act 1986.\n\n> **(2)**\n> \n> This Act shall come into operation on a day and at a time to be fixed by Proclamation.","sortOrder":5},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"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","content":"# Schedule 2 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\n\nSecond Schedule\n\n(Sections 4 and 5)\n\nAn 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\n\nWHEREAS 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:\n\nBE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n**1.**\n\n**Short title**\n\nThis Act may be cited as the Australia (Request and Consent) Act 1985.\n\n**2.**\n\n**Commencement**\n\nThis Act shall come into operation on the day on which it receives the Royal Assent.\n\n**3.**\n\n**Request and consent to United Kingdom legislation**\n\nIt 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.\n\nSCHEDULE\n\nSection 3\n\nAn Act to give effect to a request by the Parliament and Government of the Commonwealth of Australia.\n\nWHEREAS 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:\n\nBe 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:\n\n**1.**\n\n**Termination of power of Parliament of United Kingdom to legislate for Australia**\n\nNo 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.\n\n**2.**\n\n**Legislative powers of Parliaments of States**\n\n> **(1)**\n> \n> 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.\n\n> **(2)**\n> \n> 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.\n\n**3.**\n\n**Termination of restrictions on legislative powers of Parliaments of States**\n\n> **(1)**\n> \n> 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.\n\n> **(2)**\n> \n> 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.\n\n**4.**\n\n**Powers of State Parliaments in relation to merchant shipping**\n\nSections 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.\n\n**5.**\n\n**Commonwealth Constitution, Constitution Act and Statute of Westminster not affected**\n\nSections 2 and 3 (2) above:\n\n> (*a*) are subject to the Commonwealth of Australia Constitution Act and to the Constitution of the Commonwealth; and\n\n> (*b*) do not operate so as to give any force or effect to a provision of an Act of the Parliament of a State that would repeal, amend or be repugnant to this Act, the Commonwealth of Australia Constitution Act, the Constitution of the Commonwealth or the Statute of Westminster 1931 as amended and in force from time to time.\n\n**6.**\n\n**Manner and form of making certain State laws**\n\nNotwithstanding sections 2 and 3 (2) above, a law made after the commencement of this Act by the Parliament of a State respecting the constitution, powers or procedure of the Parliament of the State shall be of no force or effect unless it is made in such manner and form as may from time to time be required by a law made by that Parliament, whether made before or after the commencement of this Act.\n\n**7.**\n\n**Powers and functions of Her Majesty and Governors in respect of States**\n\n> **(1)**\n> \n> Her Majesty’s representative in each State shall be the Governor.\n\n> **(2)**\n> \n> Subject to subsections (3) and (4) below, all powers and functions of Her Majesty in respect of a State are exercisable only by the Governor of the State.\n\n> **(3)**\n> \n> Subsection (2) above does not apply in relation to the power to appoint, and the power to terminate the appointment of, the Governor of a State.\n\n> **(4)**\n> \n> While Her Majesty is personally present in a State, Her Majesty is not precluded from exercising any of Her powers and functions in respect of the State that are the subject of subsection (2) above.\n\n> **(5)**\n> \n> The advice to Her Majesty in relation to the exercise of the powers and functions of Her Majesty in respect of a State shall be tendered by the Premier of the State.\n\n**8.**\n\n**State laws not subject to disallowance or suspension of operation**\n\nAn Act of the Parliament of a State that has been assented to by the Governor of the State shall not, after the commencement of this Act, be subject to disallowance by Her Majesty, nor shall its operation be suspended pending the signification of Her Majesty’s pleasure thereon.\n\n**9.**\n\n**State laws not subject to withholding of assent or reservation**\n\n> **(1)**\n> \n> No law or instrument shall be of any force or effect in so far as it purports to require the Governor of a State to withhold assent from any Bill for an Act of the State that has been passed in such manner and form as may from time to time be required by a law made by the Parliament of the State.\n\n> **(2)**\n> \n> No law or instrument shall be of any force or effect in so far as it purports to require the reservation of any Bill for an Act of a State for the signification of Her Majesty’s pleasure thereon.\n\n**10.**\n\n**Termination of responsibility of United Kingdom Government in relation to State matters**\n\nAfter the commencement of this Act Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of any State.\n\n**11.**\n\n**Termination of appeals to Her Majesty in Council**\n\n> **(1)**\n> \n> Subject to subsection (4) below, no appeal to Her Majesty in Council lies or shall be brought, whether by leave or special leave of any court or of Her Majesty in Council or otherwise, and whether by virtue of any Act of the Parliament of the United Kingdom, the Royal Prerogative or otherwise, from or in respect of any decision of an Australian court.\n\n> **(2)**\n> \n> Subject to subsection (4) below:\n> \n> > (*a*) the enactments specified in subsection (3) below and any orders, rules, regulations or other instruments made under, or for the purposes of, those enactments; and\n> \n> > (*b*) any other provisions of Acts of the Parliament of the United Kingdom in force immediately before the commencement of this Act that make provision for or in relation to appeals to Her Majesty in Council from or in respect of decisions of courts, and any orders, rules, regulations or other instruments made under, or for the purposes of, any such provisions,\n> \n> in so far as they are part of the law of the Commonwealth, of a State or of a Territory, are hereby repealed.\n\n> **(3)**\n> \n> The enactments referred to in subsection (2) *(a)* above are the following Acts of the Parliament of the United Kingdom or provisions of such Acts:\n> \n> > The Australian Courts Act 1828, section 15\n> \n> > The Judicial Committee Act 1833\n> \n> > The Judicial Committee Act 1844\n> \n> > The Australian Constitutions Act 1850, section 28\n> \n> > The Colonial Courts of Admiralty Act 1890, section 6.\n\n> **(4)**\n> \n> Nothing in the foregoing provisions of this section:\n> \n> > (*a*) affects an appeal instituted before the commencement of this Act to Her Majesty in Council from or in respect of a decision of an Australian court; or\n> \n> > (*b*) precludes the institution after that commencement of an appeal to Her Majesty in Council from or in respect of such a decision where the appeal is instituted:\n> > \n> > > (i) pursuant to leave granted by an Australian court on an application made before that commencement; or\n> > \n> > > (ii) pursuant to special leave granted by Her Majesty in Council on a petition presented before that commencement,\n> \n> but this subsection shall not be construed as permitting or enabling an appeal to Her Majesty in Council to be instituted or continued that could not have been instituted or continued if this section had not been enacted.\n\n**12.**\n\n**Amendment of Statute of Westminster**\n\nSections 4, 9 (2) and (3) and 10 (2) of the Statute of Westminster 1931, in so far as they are part of the law of the Commonwealth, of a State or of a Territory, are hereby repealed.\n\n**13.**\n\n**Amendment of Constitution Act of Queensland**\n\n> **(1)**\n> \n> The Constitution Act 1867–1978 of the State of Queensland is in this section referred to as the Principal Act.\n\n> **(2)**\n> \n> Section 11A of the Principal Act is amended in subsection (3):\n> \n> > (*a*) by omitting from paragraph (a):\n> > \n> > > > (i) “and Signet”; and\n> > > \n> > > > (ii) “constituted under Letters Patent under the Great Seal of the United Kingdom”; and\n> \n> > (*b*) by omitting from paragraph (b):\n> > \n> > > > (i) “and Signet”; and\n> > > \n> > > > (ii) “whenever and so long as the office of Governor is vacant or the Governor is incapable of discharging the duties of administration or has departed from Queensland”.\n\n> **(3)**\n> \n> Section 11B of the Principal Act is amended:\n> \n> > (*a*) by omitting “Governor to conform to instructions” and substituting “Definition of Royal Sign Manual”;\n> \n> > (*b*) by omitting subsection (1); and\n> \n> > (*c*) by omitting from subsection (2):\n> > \n> > > > (i) “(2)”;\n> > > \n> > > > (ii) “this section and in”; and\n> > > \n> > > > (iii) “and the expression ‘Signet’ means the seal commonly used for the sign manual of the Sovereign or the seal with which documents are sealed by the Secretary of State in the United Kingdom on behalf of the Sovereign”.\n\n> **(4)**\n> \n> Section 14 of the Principal Act is amended in subsection (2) by omitting “, subject to his performing his duty prescribed by section 11B,”.\n\n**14.**\n\n**Amendment of Constitution Act of Western Australia**\n\n> **(1)**\n> \n> The Constitution Act 1889 of the State of Western Australia is in this section referred to as the Principal Act.\n\n> **(2)**\n> \n> Section 50 of the Principal Act is amended in subsection (3):\n> \n> > (*a*) by omitting from paragraph (a):\n> > \n> > > > (i) “and Signet”; and\n> > > \n> > > > (ii) “constituted under Letters Patent under the Great Seal of the United Kingdom”;\n> \n> > (*b*) by omitting from paragraph (b):\n> > \n> > > > (i) “and Signet”; and\n> > > \n> > > > (ii) “whenever and so long as the office of Governor is vacant or the Governor is incapable of discharging the duties of administration or has departed from Western Australia”; and\n> \n> > (*c*) by omitting from paragraph (c):\n> > \n> > > > (i) “under the Great Seal of the United Kingdom”; and\n> > > \n> > > > (ii) “during a temporary absence of the Governor for a short period from the seat of Government or from the State”.\n\n> **(3)**\n> \n> Section 51 of the Principal Act is amended:\n> \n> > (*a*) by omitting subsection (1); and\n> \n> > (*b*) by omitting from subsection (2):\n> > \n> > > > (i) “(2)”;\n> > > \n> > > > (ii) “this section and in”; and\n> > > \n> > > > (iii) “and the expression ‘Signet’ means the seal commonly used for the sign manual of the Sovereign or the seal with which documents are sealed by the Secretary of State in the United Kingdom on behalf of the Sovereign”.\n\n**15.**\n\n**Method of repeal or amendment of this Act or Statute of Westminster**\n\n> **(1)**\n> \n> This Act or the Statute of Westminster 1931, as amended and in force from time to time, in so far as it is part of the law of the Commonwealth, of a State or of a Territory, may be repealed or amended 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 subsection (3) below, only in that manner.\n\n> **(2)**\n> \n> For the purposes of subsection (1) above, an Act of the Parliament of the Commonwealth that is repugnant to this Act or the Statute of Westminster 1931, as amended and in force from time to time, or to any provision of this Act or of that Statute as so amended and in force, shall to the extent of the repugnancy, be deemed an Act to repeal or amend the Act, Statute or provision to which it is repugnant.\n\n> **(3)**\n> \n> Nothing in subsection (1) above limits or prevents the exercise by the Parliament of the Commonwealth of any powers that may be conferred upon that Parliament by any alteration to the Constitution of the Commonwealth made in accordance with section 128 of the Constitution of the Commonwealth after the commencement of this Act.\n\n**16.**\n\n**Interpretation**\n\n> **(1)**\n> \n> In this Act:\n> \n> **“appeal”** includes a petition of appeal, and a complaint in the nature of an appeal;\n> \n> **“appeal to Her Majesty in Council”** includes any appeal to Her Majesty;\n> \n> **“Australian court”** means a court of a State or any other court of Australia or of a Territory other than the High Court of Australia;\n> \n> **“court”** includes a judge, judicial officer or other person acting judicially;\n> \n> **“decision”** includes determination, judgment, decree, order or sentence;\n> \n> **“Governor”**, in relation to a State, includes any person for the time being administering the government of the State;\n> \n> **“State”** means a State of the Commonwealth and includes a new State;\n> \n> **“Territory”** means a territory referred to in section 122 of the Constitution of the Commonwealth;\n> \n> **“the Commonwealth”** means the Commonwealth of Australia as established under the Commonwealth of Australia Constitution Act;\n> \n> **“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.\n\n> **(2)**\n> \n> 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.\n\n> **(3)**\n> \n> 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](/view/html/inforce/current/act-1902-032), 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.\n\n**17.**\n\n**Citation and commencement**\n\n> **(1)**\n> \n> This Act may be cited as the Australia Act 1986.\n\n> **(2)**\n> \n> This Act shall come into force on such day and at such time as the Secretary of State may by order made by statutory instrument appoint.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act had a singular, clearly defined purpose — to formally request the passage of what became the Australia Act 1986. There is no indication its scope changed from its original intent. It was enacted, served its purpose, and has remained unamended since 27 September 1985."},"complexity_factors":["Requires understanding of constitutional history and the relationship between Australian states, the Commonwealth, and the UK Parliament","The concept of a 'request' Act — legislation whose purpose is to trigger action by another parliament — is an unusual and nuanced legal mechanism","Involves interplay between multiple jurisdictions: NSW, Commonwealth of Australia, and the United Kingdom","References the constitutional doctrine of colonial legislative subordination, which is not widely understood","Limited content available in the extracted text makes full analysis difficult, but the Act itself is brief and narrow in scope"],"plain_english_summary":"## Australia Acts (Request) Act 1985 (NSW)\n\n**What is this law?**\n\nThis is a historically significant but very short piece of NSW legislation. Its purpose was to formally request that the **British and Australian federal parliaments** pass laws to sever the remaining legal ties between Australia (and its states) and the United Kingdom.\n\n**Why does it matter?**\n\nBefore 1986, the UK Parliament technically still had the power to make laws for Australian states, and Australian courts were ultimately bound by decisions of a UK court (the Privy Council). This Act — passed by NSW and all other Australian states — was the formal legal request that triggered the passage of the **Australia Act 1986**, which finally and completely cut those colonial legal strings.\n\n**Who does it affect?**\n\nIn a historical sense, every Australian. The Australia Act 1986 that followed this request means:\n- No UK law can override Australian law\n- Australian state courts are no longer bound by UK court decisions\n- The states deal directly with the Crown (the King/Queen), not through the UK government\n\n**Current relevance**\n\nThis Act has no ongoing practical effect on everyday Australians. It was a one-time legal mechanism — a formal 'please pass this law' from NSW to the federal and UK parliaments. Its job is done. It has not been amended since it was enacted in September 1985 and likely never will be.\n\n**Bottom line:** A short, historic Act that helped complete Australia's full legal independence from Britain."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The text of the Act implements the stated purpose in its preamble: it removes UK legislative and judicial authority over Australia, confirms State legislative autonomy (including extra-territorial powers), removes UK disallowance and reservation over State laws, and settles Crown-related functions in the States (see Schedule 1, cls.1–11 and Schedule 2, cls.1–11). The instrument’s substantive measures align with the declared objective to bring constitutional arrangements into conformity with Australia’s status as a sovereign, independent and federal nation; it does not expand beyond that stated intent. Specific transitional and procedural rules (e.g. repeal/amendment procedure, manner-and-form limits, and limited exceptions for pre-commencement appeals) are consistent with and implement that objective (cl.6; cl.11(4); cl.15)."},"complexity_factors":["Interlocking federal and State constitutional provisions and cross-references (multiple sections in both Schedules modifying constitutional relationships).","Replacement of historical UK legal constraints (Colonial Laws Validity Act, Statute of Westminster) with domestically declared rules, requiring interpretive work to identify which pre-existing UK provisions remain in force (cl.3; cl.12).","Removal of Privy Council appellate routes with transitional exceptions — creates temporal and procedural complexity for pending and future appeals (cl.11(1)–(4)).","Special manner-and-form rule for State laws about parliamentary constitution, powers or procedure introduces internal State procedural complexity and potential litigation over validity (cl.6).","Provision that this Act (and the Statute of Westminster as part of Australian law) can only be repealed/amended via Commonwealth Act with request/concurrence of all States creates a multi-actor procedural lock, complicating future amendment (cl.15(1)–(3)).","Amendments to State constitution Acts (Queensland, Western Australia) require careful, statute-specific drafting and implementation (cls.13–14).","Overlap between Commonwealth, State and historical UK instruments (e.g. Merchant Shipping Act, Statute of Westminster) requires detailed statutory mapping to determine current legal effects (cl.4; cl.12).","Definitions and limits (e.g. preserving that States gain no new capacity to engage with foreign countries beyond existing capacity) produce fine-grained interpretive boundaries (cl.2(2); interpretation clauses)."],"plain_english_summary":"What this law does, in practical terms\n\n- Terminates UK legislative and judicial authority over Australia. The Act says that no law passed by the Parliament of the United Kingdom after the Act will form part of the law of the Commonwealth, a State or a Territory (Schedule 1, cl.1 / Schedule 2, cl.1). It also removes UK-based avenues of appeal from Australian courts to Her Majesty in Council (Privy Council) subject to narrow transitional exceptions (Schedule 1, cl.11(1)–(4) / Schedule 2, cl.11(1)–(4)).\n\n- Confirms and expands State legislative authority. The Act declares that each State’s parliament has full power to make laws for the peace, order and good government of the State including laws with extra-territorial operation, and it preserves those legislative powers historically exercisable by the UK for State government (Schedule 1, cl.2(1)–(2) / Schedule 2, cl.2(1)–(2)).\n\n- Removes residual limits on State law deriving from UK statute. The Colonial Laws Validity Act 1865 will no longer apply to laws made by State parliaments after this Act’s commencement; State laws will not be void because they are repugnant to English law or to Acts of the UK Parliament (Schedule 1, cl.3(1)–(2) / Schedule 2, cl.3(1)–(2)). States also get power to repeal or amend UK Acts or subordinate instruments to the extent those are part of State law (Schedule 1, cl.3(2) / Schedule 2, cl.3(2)).\n\n- Removes certain UK maritime provisions from State law and adjusts specific State constitutions. Sections of the Merchant Shipping Act 1894 (ss.735–736) are repealed insofar as they applied to States (Schedule 1, cl.4 / Schedule 2, cl.4). The Act amends particular provisions in the Constitution Acts of Queensland and Western Australia to remove references to the UK Signet and Great Seal and other formalities (Schedule 1, cls.13–14 / Schedule 2, cls.13–14).\n\n- Clarifies who exercises the Crown’s powers in the States and removes UK reserve powers over State legislation. The Governor is declared to be Her Majesty’s representative in each State and, subject to limited exceptions, to exercise all Crown powers in relation to the State (Schedule 1, cl.7(1)–(5) / Schedule 2, cl.7(1)–(5)). Once a State bill has been assented to by the Governor it will not be subject to disallowance by Her Majesty nor may its operation be suspended pending signification of Her Majesty’s pleasure (Schedule 1, cl.8 / Schedule 2, cl.8). Instruments purporting to require withholding of assent or reservation to the Crown are made ineffective (Schedule 1, cl.9(1)–(2) / Schedule 2, cl.9(1)–(2)).\n\n- Ends UK Government responsibility for State government. After commencement, Her Majesty’s Government in the United Kingdom has no responsibility for the government of any State (Schedule 1, cl.10 / Schedule 2, cl.10).\n\n- Makes future amendment or repeal subject to a special procedure. This Act or the Statute of Westminster (as it forms part of Australian law) may only be repealed or amended by a Commonwealth Act passed at the request or with the concurrence of the Parliaments of all the States — except that constitutional alteration under s.128 of the Constitution remains available (Schedule 1, cl.15(1)–(3) / Schedule 2, cl.15(1)–(3)).\n\nWhy the Act says it was done (official purpose) and what that implies mechanically\n\n- Officially, the Parliament and State governments agreed the measures were needed to bring constitutional arrangements into conformity with Australia’s status as a sovereign, independent and federal nation (preamble to both Schedules). Mechanically, that intent is achieved by: ending new UK statutes’ operation in Australia (cl.1); removing UK supervisory and appellate mechanisms (cl.11); declaring State legislative autonomy (cl.2–3); and fixing who exercises Crown powers in the States (cl.7–9).\n\nHow this changes who decides and how people and organisations will need to adapt\n\n- Who decides: State parliaments gain clearer, broader legislative authority over State matters, including laws with extra-territorial effect (cl.2(1)–(2); cl.3(2)). The UK Parliament and UK government cease to legislate for or to have responsibility for State matters (cl.1; cl.10). Governors exercise Crown powers in each State (cl.7), and the advice to the Crown on those State powers is to be tendered by the State Premier (cl.7(5)).\n\n- Behaviour changes required: State legislatures and governments no longer need to account for UK disallowance or reservation (cl.8–9), and they can modify or repeal pre-existing UK-derived law insofar as it forms part of State law (cl.3(2)). Courts and litigants must plan for the loss of Privy Council appeals except where transitional exceptions apply (cl.11(1)–(4)). Some State statutes and constitutional provisions require amendment to remove or update references to UK formalities (cls.13–14).\n\nCosts, incentives, trade-offs and compliance implications (source-grounded observations)\n\n- Direct administrative and legal update costs sit with governments and legal practitioners. The Act itself amends particular State constitutional provisions (cls.13–14), and it creates a rule that State laws about parliament constitutions, powers or procedure must comply with the State’s own manner-and-form requirements to be effective (cl.6). Those provisions require executive and parliamentary action at State level to remove obsolete references and to ensure procedural compliance.\n\n- Incentives for States: the Act increases State control over local lawmaking (cl.2–3). That gives States the regulatory freedom to enact laws with extra-territorial effect (cl.2(1)) and to alter earlier UK-derived law insofar as it remains part of State law (cl.3(2)). The text preserves that States cannot by this Act gain capacity to act internationally if they did not already have that capacity (cl.2(2)).\n\n- Legal stability and change costs: the Act raises the procedural barrier to changing this instrument or the Statute of Westminster by requiring Commonwealth action enacted at the request or with the concurrence of all State Parliaments (cl.15(1)). That creates greater stability for the legal positions set out here but also means that reversing or amending those positions requires coordinated political and legislative action.\n\n- Effect on private parties and businesses: the source text does not itself create specific private obligations or regulatory prices, but by widening State legislative reach (including extra-territorial laws, cl.2(1)) and removing prior constraints based on repugnance to English law (cl.3(2)), States may adopt laws that affect interstate and international commercial activities. The text also terminates certain UK merchant shipping provisions as applicable to States (cl.4), which may have direct effects on maritime regulation previously governed by those UK provisions.\n\n- Judicial effects: removal of appeals to Her Majesty in Council alters appellate pathways for litigants (cl.11(1)–(4)). The Act preserves existing appeals already instituted and limited exceptions for leave or petitions presented before commencement (cl.11(4)).\n\nImplementation and discretion risks\n\n- Discretion rests with State parliaments to exercise their newly confirmed powers and with State Premiers in advising the Crown on State matters (cl.7(5)). The requirement that certain State laws be made in the manner and form required by State law (cl.6) means procedural rules inside each State will determine validity of some State constitutional changes.\n\n- Opportunity costs: transferring residual legal authority from the UK to Australian institutions shifts responsibility for any future legal development, policy choices and dispute resolution to Australian bodies. Those costs (legislative drafting, litigation, administrative adjustment) are borne by Commonwealth and State governments, courts, and regulated parties as they adapt.\n\nKey source provisions cited in the summary: Schedule 1 (cls.1–16) and Schedule 2 (cls.1–16) as they set out the same substantive measures; particular attention to cl.1 (termination of UK legislation), cl.2–3 (State legislative powers and ending Colonial Laws Validity Act), cl.4 (merchant shipping), cl.6 (manner and form), cl.7–9 (Crown powers, assent, disallowance and reservation), cl.10 (UK Government responsibility), cl.11 (appeals to Her Majesty in Council), and cl.15 (method of repeal or amendment)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: requesting and consenting to the enactment of the Australia Acts 1986. The scope has not expanded beyond the constitutional settlement agreed at the 1982 and 1984 Premiers' Conferences. The inclusion of detailed draft legislation in the Schedules is integral to the mechanism of ensuring identical enactments across jurisdictions, not a scope expansion."},"complexity_factors":["Nested legislative structure: the Act contains two complete draft Acts as Schedules, each with 17 sections, creating a 'legislation within legislation' format","Extensive cross-referencing to Imperial (UK) statutes including the Colonial Laws Validity Act 1865, Merchant Shipping Act 1894, Statute of Westminster 1931, and multiple 19th century Australian Courts Acts","Conditional savings provisions protecting existing appeals (section 11(4) in both Schedules) with nested exceptions to the main termination rule","Dual-pathway mechanism requiring coordinated enactment by three legislative bodies (State Parliament, Commonwealth Parliament, UK Parliament)","Specific amendments to two State Constitution Acts (Queensland and Western Australia) embedded within the Commonwealth-requested legislation","Complex amendment formulas in section 15 requiring unanimous State concurrence for future changes, with an exception for constitutional alterations under s.128","10 defined terms in interpretation sections with specific deeming provisions for Western Australia and New South Wales legislative references"],"plain_english_summary":"This legislation is a **State Parliament's formal request** to cut the final constitutional ties between Australia and the United Kingdom. It's essentially a letter from a State (likely New South Wales, Queensland, or Western Australia based on the content) asking both the Australian federal Parliament and the UK Parliament to pass laws that would make Australia fully legally independent.\n\n**What it does:**\n\n*   **Asks the Commonwealth** to pass the *Australia Act 1986* — a law that stops the UK Parliament from making laws for Australia, gives State Parliaments full power to make laws (even with effects outside their borders), and ends appeals from Australian courts to the Privy Council in London.\n*   **Asks and consents to UK legislation** — requests that the UK Parliament pass its own version of the *Australia Act 1986* with identical effect.\n*   **Includes the full text** of both proposed laws as \"Schedules\" (attachments) so everyone knows exactly what is being requested.\n\n**Why it matters:**\n\nBefore 1986, several legal oddities remained from colonial days:\n\n*   The UK Parliament could technically still pass laws for Australia.\n*   State laws could be struck down if they contradicted UK law (under the *Colonial Laws Validity Act 1865*).\n*   People could appeal court decisions all the way to the Privy Council in London.\n*   UK government ministers had some say over State matters.\n\nThis Act was part of a coordinated push by all Australian governments (agreed at Prime Ministers' Conferences in 1982 and 1984) to tidy up these loose ends. It required identical or near-identical legislation passed by the Commonwealth Parliament, the UK Parliament, and all six State Parliaments — a complex constitutional dance to ensure Australia's complete legislative independence while keeping the Queen as head of state with Governors representing her at State level.\n\n**Key outcomes if the requests are granted:**\n\n*   **No more UK lawmaking** for Australia\n*   **State Parliaments become supreme** within their own jurisdictions\n*   **End of Privy Council appeals** (with limited exceptions for cases already in progress)\n*   **UK government no longer responsible** for State governance\n*   **Governors become the sole representatives** of the Crown in each State, taking advice only from State Premiers"},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The document provided appears to be almost entirely website navigation metadata and boilerplate, with no actual operative provisions of the Australia Acts (Request) Act 1985 reproduced. It is impossible to analyse the legislative text for logical flaws or contradictions because the substantive content of the Act has not been included in the material submitted. Any analysis of absurdities or contradictions in the actual legislation cannot be performed on navigation chrome.","confidence":0.95,"description":"The Act has had only one version since 27 September 1985, yet the metadata states 'Legislation on this site is usually updated within 3 working days after a change to the legislation.' No substantive legislative content is actually reproduced in the document provided."},{"type":"other","section":"Responsible Minister reference","severity":"low","reasoning":"While not a flaw in the Act itself, it highlights that the current administrative instruments governing ministerial responsibility post-date the Act substantially. This is a metadata observation rather than a substantive legislative contradiction.","confidence":0.6,"description":"A 1985 Act lists as its responsible minister the Premier under the 'Administrative Arrangements (Minns Ministry—Administration of Acts) Order 2023', which is a 2023 instrument. The Act itself predates this ministerial arrangement by 38 years, creating a temporal curiosity where the current administrative responsibility attribution cannot have been contemplated by the original legislature."}],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/australia-acts-request-act-1985","history":"/api/acts/australia-acts-request-act-1985/history","analysis":"/api/acts/australia-acts-request-act-1985/analysis","conflicts":"/api/acts/australia-acts-request-act-1985/conflicts","importantCases":"/api/acts/australia-acts-request-act-1985/important-cases","documents":"/api/acts/australia-acts-request-act-1985/documents"}}