{"id":"imperial-acts-adopting-act-1836","name":"Imperial Acts Adopting Act 1836","slug":"imperial-acts-adopting-act-1836","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30733,"registerId":"wa-imperial-acts-adopting-act-1836-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Imperial Acts Adopting Act 1836","content":"![Crest]()Western Australia\n\nImperial Acts Adopting Act 1836\n\nWestern Australia\n\nImperial Acts Adopting Act 1836\n\nContents\n\nRecited Imperial Acts adopted 3\n\nShort title 3\n\nNotes\n\nCompilation table 4\n\n  \n\n**Western Australia**\n\nImperial Acts Adopting Act 1836\n\nAn Act for adopting, and applying certain Acts of Parliament, passed in the first, the first and second, the second, the second and third, and the third and fourth years of the reign of His present Majesty, respectively, in the Administration of Justice in the Colony of Western Australia, in like manner as other laws of England are applied therein. 1\n\n\t\t**Preamble**\n\nWhereas certain Acts of Parliament were passed in the first, the first and second, the second, the second and third, and the third and fourth years of the reign of His present Majesty King William the Fourth, intituled, respectively: 2\n\n1. *An Act for making better Provision for the disposal of the undisposed of Residues of the Effects of Testators.* 3*\n\n2. *An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estate.* 4*\n\n3. *An Act for amending the Law respecting the Conveyances Transfers of Estates and Funds vested in Trustees and Mortgagees: and for enabling Courts of Equity to give effect to their Decrees and Orders in certain Cases.* 5\n\n4. *An Act for consolidating and amending the Laws relating to Property belonging to Infants, Fêmes‑covert, Idiots, Lunatics, and Persons of unsound mind.* 6*\n\n5. *An Act for reducing it one Act, all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery.* 7\n\n6. *An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise Departments of His Majesty’s Revenue, and to establish Declarations in lieu thereof.* 8*\n\n7. *An Act for consolidating and amending the Laws against Offences relating to the Coin.* 9\n\n\t*[8. Repealed: 1 & 2 Edw. VII No. 14, s 3(2), Third Schedule.]*\n\n9. *An Act for shortening the Time of Prescription in certain Cases.* 10*\n\n10. *An Act for regulating the Protesting for non‑Payment of Bills of Exchange, drawn Payable at a Place not being the Place of Residence of the Drawee or Drawees of the same.* 11*\n\n11. *An Act for abolishing the Punishment of Death in certain Cases of Forgery.* 12\n\n12. *An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Right thereof.* 13\n\n13. *An Act for the further Amendment of the Law, and the better Advancement of Justice.* 14*\n\n14. *An Act to repeal so much of two Acts of the Seventh and Eighth Years and the Ninth Year of King George the Fourth, as inflicts the Punishment of Death upon Persons breaking, entering and stealing in a Dwelling‑House; and also for giving power to the Judges to add to the Punishment of Transportation for Life in certain Cases of Forgery, and in certain other Cases.* 15\n\n15. *An Act to render Freehold and Copyhold Estates Assets for the Payment of Simple and Contract Debts.* 16\n\n\t*[16. Repealed: No. 32 of 2014 s. 14(1)(a).]*\n\n\t*[17. Repealed: No. 32 of 2014 s. 14(1)(b).]*\n\nAnd whereas it is expedient to adopt and apply the said recited Acts of Parliament in the Administration of Justice in the Colony of Western Australia:\n\n##### Recited Imperial Acts adopted\n\nBe it therefore enacted, by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council thereof, that the said recited Acts of Parliament, and every clause, provision and enactment therein respectively contained, shall be, and the same are and is hereby adopted, and directed to be applied, in the Administration of Justice, so far as they can be applied to the circumstances of the said Colony.\n\n##### Short title\n\nThis Act may be cited as the *Imperial Acts Adopting Act 1836*.\n\n[Paragraph inserted: No. 10 of 1970 s.3.]\n\nNotes\n\n1 This is a compilation of the *Imperial Acts Adopting Act 1836* and includes all amendments effected by the other Acts referred to in the following Table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Imperial Acts Adopting Act 1836* | 6 Will. IV, No. 4, 1836 | 11 Apr 1836 | 11 Apr 1836 |\n| *Criminal Code Act 1902* s. 3 & 3rd Schedule | 1 & 2 Edw. VII, No. 14, 1902 | 19 Feb 1902 | 1 May 1902 |\n| *Statute Law Revision Act 1970* s 3 | 10 of 1970 | 29 Apr 1970 | 29 Apr 1970 |\n| *Statutes (Repeals) Act 2014* s. 14(1)(a) and (b) | 32 of 2014 | 3 Dec 2014 | 4 Dec 2014 (see s. 2(b)) |\n\n\n2 This preamble refers to Acts passed in the reign of William IV and the Acts referred to were passed in his reign. However the Acts themselves are cited in the Statutes of the United Kingdom as chapters of 11 George IV and 1 William IV.\n\n3 This adopted Act (11 Geo. IV & 1 Will. IV c. 40),.[the *Executors Act 1830* (Imp)] has been reproduced as at 26 October 1999 as part of the document entitled “Imperial Acts Adopted ”.\n\n4 This adopted Act (11 Geo. IV & 1 Will. IV c. 47), [the *Debts Recovery Act 1830* (Imp)] has been reproduced as at 26 October 1999 as part of the document entitled “Imperial Acts Adopted”.\n\n5 This adopted Act (11 Geo. IV & 1 Will. IV c. 60), so far as it was a part of the law of WA, was subsequently repealed by the *Trustee Ordinance 1854* (17 Vict. No. 10) [Assent 20 June 1854].\n\n6 This adopted Act (11 Geo. IV & 1 Will. IV c. 65), [the *Infants Property Act 1830* (Imp)] has been reproduced as at 26 October 1999 as part of the document entitled “Imperial Acts Adopted”.\n\n7 This adopted Act (11 Geo. IV & 1 Will. IV c. 66), so far as it was a part of the law of WA, was subsequently repealed:\n\n• All but s 21 was repealed by the *Criminal Law Consolidation Ordinance 1865* (29 Vict. No. 5) s 5 [Assent 7 July 1865].\n\n• The balance was repealed by the *Criminal Code Act 1902*  \n(1 & 2 Edw. VII No. 14) s 3 [Assent 19 February 1902; Commencement 1 May 1902].\n\n8 This adopted Act (1 & 2 Will. IV c. 4), [the *Excise Declarations Act 1831* (Imp)], so far as it was a part of the law of WA, was subsequently repealed by the *Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005* (No. 24 of 2005) s 4.\n\n9 This adopted Act (2 & 3 Will. IV c. 34), so far as it was a part of the law of WA, was subsequently repealed by the *Criminal Law Consolidation Ordinance 1865* (29 Vict. No. 5) s 5 [Assent 7 July 1865].\n\n10 This adopted Act (2 & 3 Will. IV c. 71), [the *Prescription Act 1832* (Imp)] has been reproduced as at 26 October 1999 as part of the document entitled “Imperial Acts Adopted”.\n\n11 This adopted Act (2 & 3 Will. IV c. 98), [the Bills of exchange (non-payment) (1832) (Imp)] has been reproduced as at 26 October 1999 as part of the document entitled “Imperial Acts Adopted”.\n\n12 This adopted Act (2 & 3 Will. IV c. 123), so far as it was a part of the law of WA, was subsequently repealed by the *Criminal Law Consolidation Ordinance 1865* (29 Vict. No. 5) s 5 [Assent 7 July 1865].\n\n13 This adopted Act (3 & 4 Will. IV c. 27), so far as it was a part of the law of WA, was:\n\n• amended by the *Real Property Limitation Act 1878* (42 Vict. No. 6) s 9 [Assent 3 July 1878; Commencement 1 September 1878];\n\n• repealed by the *Limitation Act 1935* (No. 35 of 1935) s 2 [Assent 7 January 1936; Commencement 14 April 1936].\n\n14 This adopted Act (3 & 4 Will. IV c. 42), [the *Civil Procedure Act 1833* (Imp)] has been reproduced as at 26 October 1999 as part of the document entitled “Imperial Acts Adopted”.\n\n15 This adopted Act (3 & 4 Will. IV c. 44), so far as it was a part of the law of WA, was subsequently repealed by the *Criminal Law Consolidation Ordinance 1865* (29 Vict. No. 5) s 5 [Assent 7 July 1865].\n\n16 This adopted Act (3 & 4 Will. IV c. 104), so far as it was a part of the law of WA, was subsequently repealed by the *Administration Act 1903* (No. 13 of 1903) s 2 [Assent 31 December 1903; Commencement 1 January 1904].\n\n17, 18 Footnotes no longer applicable.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument’s original purpose—importing specified Imperial statutes into the colony’s administration of justice—remains its mechanical scope. Over time Western Australia has amended or repealed particular adopted Acts, so the practical footprint of the adoption has been narrowed in places, but the Act itself has not been repurposed to a materially different object. The changes recorded in the compilation notes therefore trim or update which adopted provisions remain operative rather than expanding the Act beyond its original purpose."},"complexity_factors":["Single operative provision adopting multiple Imperial Acts (concentrated effect but broad subject coverage)","Preamble that lists 15 separate Imperial Acts across diverse legal topics (property, trusts, criminal law, commercial law, procedure)","Conditional application language: “so far as they can be applied to the circumstances of the said Colony” (fact‑sensitive, creates interpretive discretion)","Compilation notes and subsequent amendments/repeals referenced (requires checking multiple later WA statutes to determine current force of each adopted Act)","Sparse internal definitions or transitional provisions (simple structure but reliance on external instruments increases practical complexity)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Imperial Acts Adopting Act 1836 makes a short, single-purpose change: it declares that a list of specified Acts of the Imperial (British) Parliament are to be treated as part of the law that governs the administration of justice in Western Australia “so far as they can be applied to the circumstances of the said Colony.” (See the operative provision headed “Recited Imperial Acts adopted”.)\n\n- It then gives the Act a short title: the Imperial Acts Adopting Act 1836. (See the “Short title” clause.)\n\n**Which Imperial Acts are adopted (areas affected)**\n\n- The preamble lists the particular Imperial Acts that are adopted. In plain terms the adopted measures (when in force) related to:\n  - Executors and administration of wills (Executors Act 1830);\n  - Recovery of debts from land (Debts Recovery Act 1830);\n  - Conveyances and trustee/mortgagee powers and enforcement (Trustee/Conveyancing matters);\n  - Property belonging to infants, married women, and persons of unsound mind (Infants Property Act 1830 and related provisions);\n  - Forgery and related criminal offences, and abolition or reduction of capital punishment for certain forgeries;\n  - Declarations in lieu of certain oaths used in customs and excise;\n  - Offences relating to coin (counterfeiting);\n  - Prescription (limitation) of actions in certain cases (Prescription Act 1832);\n  - Rules about protesting non‑payment of bills of exchange drawn payable away from the drawee’s residence;\n  - Limitation of actions and procedure for resolving disputes over real property;\n  - Civil procedure reforms of that era; and\n  - Rules making freehold and copyhold estates assets available to pay simple and contract debts.\n\n- Practically, when those Imperial Acts apply they affect courts, litigants, creditors, trustees, executors, owners of real property, merchants using bills of exchange, and criminal prosecutions for the particular offences covered.\n\n**Why it matters (purpose and effects)**\n\n- The express purpose of the Act (as stated in the preamble) is to import particular Imperial statutes into the colonial legal framework so they can be used in administering justice in Western Australia. That is, instead of relying only on local enactments, these specified Imperial rules were made part of the body of law available to local courts and administrators.\n\n- The practical legal effect is that, until and unless Western Australia replaces or repeals those provisions by later local statutes, the named Imperial laws govern matters in the relevant subject areas within the colony.\n\n**Implementation mechanics and legal consequences**\n\n- The adoption is conditional: the adopted Acts apply only “so far as they can be applied to the circumstances of the said Colony.” That phrase imports a fact‑sensitive limitation and gives courts and administrators scope to refuse application where an Imperial provision is inapplicable or impractical locally.\n\n- Over time many of the specific Imperial Acts listed have been repealed, amended, or replaced by Western Australian statutes (the compilation notes record later repeals and consequential acts). That means the real, live effect of the 1836 adoption is fragmented: some adopted provisions continue to operate; others are now overridden by later WA law.\n\n**Who pays, who decides, what changes for private actors**\n\n- Who pays: parties affected by the subject matters (creditors, debtors, executors, trustees, property owners, merchants, defendants in criminal cases) bear the compliance and enforcement costs of the adopted rules.\n\n- Who decides: courts and public officers decide whether and how the adopted Imperial Acts apply in particular cases, guided by the “so far as they can be applied” qualification and by any later local statutes that modify or repeal the adopted provisions.\n\n- Behaviour changes: where an adopted Imperial rule governs (for example, a limitation period for bringing a property claim, or the procedure for protesting a bill of exchange), private parties must comply with those rules or face legal consequences (loss of rights, liability, or criminal sanction). Where WA later enacted different local rules, parties must follow those instead.\n\n**Implementation risks, costs and trade‑offs**\n\n- Legal uncertainty and administrative burden: the conditional adoption phrase and the patchwork effect created by later WA repeals and replacements can increase complexity for lawyers, courts and lay people trying to determine which Imperial provisions still apply.\n\n- Discretion and interpretive work: courts must interpret whether an Imperial Act can be applied to local circumstances; that creates judicial workload and potential for litigation about applicability.\n\n- Substitution and updating: the Act leaves room for Western Australia to modernise or replace adopted Imperial provisions; where WA has legislated on the same subject, local law will usually displace the adopted imperial rule.\n\n- Concentrated vs diffuse effects: the benefits of adopted rules (certainty, ready‑made legal rules in key areas) are concentrated among litigants, creditors and administrators who use those specific legal institutions; the administrative costs of maintaining or interpreting old Imperial rules are borne by courts, practitioners and affected individuals.\n\n**Source claims vs costs and trade‑offs**\n\n- The preamble claims it is “expedient” to adopt the listed Imperial Acts. That claim is consistent with the mechanical effect: importing ready‑made legal rules without drafting equivalent local statutes at the time. The trade‑off is potential long‑term legal complexity and the need for later statutory housekeeping (amendment/repeal) to align the law with Western Australia’s conditions.\n\n**Key textual points to note**\n\n- Operative text is concise: the Act explicitly adopts the recited Imperial Acts and applies them in the administration of justice “so far as they can be applied to the circumstances of the said Colony.”\n\n- Short title clause permits convenient citation.\n\n- The compilation notes show successive WA enactments have amended, repealed or reproduced particular adopted Imperial Acts; that historical evolution is important when checking whether any particular adopted provision remains in force today.\n\n(References: operative heading “Recited Imperial Acts adopted”; heading “Short title”; compilation notes and marginal notes listing later repeals and amendments.)"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the actual legislative text was not available. The retrieved content is solely a webpage error notice from the Western Australian Parliamentary Counsel's Office website, providing no substantive legal content to analyse."},"complexity_factors":["No actual legislative text was retrievable — the source is a broken link notice, not the legislation itself","Historical Imperial-era legislation can be inherently complex due to archaic legal language and cross-referencing with British law","The relationship between colonial adoption statutes and modern Australian law adds interpretive complexity","Complexity cannot be properly assessed without the actual text"],"plain_english_summary":"## Imperial Acts Adopting Act 1836 (WA)\n\n**The page for this legislation is no longer available.**\n\nThe content retrieved is not the actual legislation — it is a **broken webpage notice** from the Western Australian Parliament's website, indicating that the link to this Act has changed due to a system upgrade.\n\n### What we do know:\n- This Act dates from **1836**, making it one of Western Australia's oldest pieces of legislation.\n- \"Imperial Acts Adopting\" legislation typically served to formally bring **British (Imperial) laws into force** in a colonial jurisdiction like Western Australia — essentially saying \"these laws from the United Kingdom now also apply here.\"\n- Whether this Act remains in force, has been repealed, or has been superseded by modern legislation **cannot be confirmed from the available content.**\n\n### What this means for you:\nIf you need the actual text of this Act, you should:\n1. Visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) directly\n2. Use their search function to locate the Act by name\n3. Contact the Parliamentary Counsel's Office Helpdesk as suggested on the page"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains true to its original 1836 purpose: adopting specific Imperial Acts. While the content has been heavily eroded by repeals (only a few adopted Acts remain partially in force), the scope has not expanded beyond the original intent. The Act has shrunk rather than grown, with modern legislation replacing the adopted English laws piece by piece."},"complexity_factors":["Very short operative section (only 2 substantive sections: adoption clause and short title)","No defined terms section – relies entirely on external Imperial Acts for definitions","Simple structure: preamble listing adopted Acts, single operative adoption clause, short title","Complexity arises from historical cross-references to 15 separate English statutes rather than internal legislative drafting","Extensive footnotes and compilation table add bulk but are editorial, not legislative text","No conditional logic, exceptions, or nested provisions within the Act itself"],"plain_english_summary":"This is one of Western Australia's oldest laws, dating back to 1836. It was essentially a legal 'import' law that brought specific English (Imperial) laws into force in the new Swan River Colony.\n\n**What it does:**\nThe Act adopts 15 specific English laws passed during the reign of King William IV (1830-1834) and applies them to Western Australia. These covered:\n\n- **Wills and estates** – how to handle leftover property when someone dies without a complete will\n- **Debt recovery** – making it easier to pay debts from real estate (land and buildings)\n- **Trusts and mortgages** – rules about property held by trustees and lenders\n- **Protection of vulnerable people** – managing property belonging to children, married women (\"femes-covert\" – an old legal term for married women who historically couldn't own property independently), and people with mental incapacities\n- **Criminal law** – various forgery offences, coin-related crimes, and theft laws (most now repealed)\n- **Court procedures** – time limits for bringing lawsuits, rules about bills of exchange (a type of financial instrument), and simplifying court processes\n\n**Why it matters:**\nIn 1836, Western Australia was a brand-new British colony with almost no local laws. This Act was crucial because it 'cherry-picked' specific modern English laws to apply immediately, rather than waiting for the slow process of local law-making. It meant the colony didn't have to reinvent the wheel for basic legal rules about property, debts, and justice.\n\n**Current status:**\nMost of the adopted laws have since been repealed or replaced by modern Western Australian legislation. Only a handful remain in force today, largely superseded by newer laws like the *Criminal Code*, *Limitation Act 1935*, and various property and succession laws."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/imperial-acts-adopting-act-1836","history":"/api/acts/imperial-acts-adopting-act-1836/history","analysis":"/api/acts/imperial-acts-adopting-act-1836/analysis","conflicts":"/api/acts/imperial-acts-adopting-act-1836/conflicts","importantCases":"/api/acts/imperial-acts-adopting-act-1836/important-cases","documents":"/api/acts/imperial-acts-adopting-act-1836/documents"}}