{"id":"sa:australia-acts-request-act-1985","name":"Australia Acts (Request) Act 1985","slug":"sa-australia-acts-request-act-1985","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438056,"registerId":"sa:australia-acts-request-act-1985-seed-1775954630539-g7bq7z","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australia Acts (Request) Act 1985","content":"South Australia\nAustralia Acts (Request) Act 1985\nAn Act to enable the constitutional arrangements affecting the Commonwealth and the States to be brought into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation.\n\nContents\nPreamble\n1\tShort title\n2\tRequest for Commonwealth legislation\n3\tRequest and consent to United Kingdom legislation\n4\tRequest and consent to Commonwealth legislation\nSchedule 1\nSchedule 2\nLegislative history\n\n\nPreamble\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:\nAND WHEREAS it has been agreed that the Parliament of the Commonwealth at the request of the Parliaments of the States in pursuance of section 51 (xxxviii) of the Constitution of the Commonwealth of Australia should enact an Act in the terms in Schedule 1:\nAND WHEREAS it has been agreed that each State should request and consent to the enactment by the Parliament of the United Kingdom of an Act in the terms of the Schedule to the Act contained in Schedule 2:\nAND WHEREAS it has been agreed that the Parliament of the Commonwealth with the concurrence of all the States should enact an Act requesting and consenting to the enactment by the Parliament of the United Kingdom of an Act in the terms of the Schedule to the Act contained in Schedule 2:\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Australia Acts (Request) Act 1985.\n2—Request for Commonwealth legislation\nThe 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 Schedule 1.\n3—Request and consent to United Kingdom legislation\nThe 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 Schedule 2.\n4—Request and consent to Commonwealth legislation\nThe 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 Schedule 2.\nSchedule 1\nAN ACT\n\t\nTo 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\t\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:\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\t\nBE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n1—Termination of power of Parliament of United Kingdom to legislate for Australia\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.\n2—Legislative powers of Parliaments of States\n\t(1)\tIt 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\t(2)\tIt 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.\n3—Termination of restrictions on legislative powers of Parliaments of States\n\t(1)\tThe 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\t(2)\tNo 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.\n4—Powers of State Parliaments in relation to merchant shipping\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.\n5—Commonwealth Constitution, Constitution Act and Statute of Westminster not affected\nSections 2 and 3(2) above—\n\t(a)\tare subject to the Commonwealth of Australia Constitution Act and to the Constitution of the Commonwealth: and\n\t(b)\tdo 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.\n6—Manner and form of making certain State laws\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.\n7—Powers and functions of Her Majesty and Governors in respect of States\n\t(1)\tHer Majesty's representative in each State shall be the Governor.\n\t(2)\tSubject 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\t(3)\tSubsection (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\t(4)\tWhile 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\t(5)\tThe 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.\n8—State laws not subject to disallowance or suspension of operation\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.\n9—State laws not subject to withholding of assent or reservation\n\t(1)\tNo 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\t(2)\tNo 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.\n10—Termination of responsibility of United Kingdom Government in relation to State matters\nAfter the commencement of this Act Her Majesty's Government in the United Kingdom shall have no responsibility for the government of any State.\n11—Termination of appeals to Her Majesty in Council\n\t(1)\tSubject 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\t(2)\tSubject to subsection (4) below—\n\t(a)\tthe 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\t(b)\tany 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,\nin so far as they are part of the law of the Commonwealth, of a State or of a Territory, are hereby repealed.\n\t(3)\tThe enactments referred to in subsection (2)(a) above are the following Acts of the Parliament of the United Kingdom or provisions of such Acts:\nThe Australian Courts Act 1828, section 15\nThe Judicial Committee Act 1833\nThe Judicial Committee Act 1844\nThe Australian Constitutions Act 1850, section 28\nThe Colonial Courts of Admiralty Act 1890, section 6.\n\t(4)\tNothing in the foregoing provisions of this section—\n\t(a)\taffects 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\t(b)\tprecludes 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\t(i)\tpursuant to leave granted by an Australian court on an application made before that commencement; or\n\t(ii)\tpursuant to special leave granted by Her Majesty in Council on a petition presented before that commencement,\nbut 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.\n12—Amendment of Statute of Westminster\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.\n13—Amendment of Constitution Act of Queensland\n\t(1)\tThe Constitution Act 1867–1978 of the State of Queensland is in this section referred to as the Principal Act.\n\t(2)\tSection 11A of the Principal Act is amended in subsection (3)—\n\t(a)\tby omitting from paragraph (a)—\n\t(i)\t\"and Signet\"; and\n\t(ii)\t\"constituted under Letters Patent under the Great Seal of the United Kingdom\"; and\n\t(b)\tby omitting from paragraph (b)—\n\t(i)\t\"and Signet\"; and\n\t(ii)\t\"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\t(3)\tSection 11B of the Principal Act is amended—\n\t(a)\tby omitting \"Governor to conform to instructions\" and substituting \"Definition of Royal Sign Manual\";\n\t(b)\tby omitting subsection (1); and\n\t(c)\tby omitting from subsection (2)—\n\t(i)\t\"(2)\";\n\t(ii)\t\"this section and in\"; and\n\t(iii)\t\"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\t(4)\tSection 14 of the Principal Act is amended in subsection (2) by omitting \", subject to his performing his duty prescribed by section 11B,\".\n14—Amendment of Constitution Act of Western Australia\n\t(1)\tThe Constitution Act 1889 of the State of Western Australia is in this section referred to as the Principal Act.\n\t(2)\tSection 50 of the Principal Act is amended in subsection (3)—\n\t(a)\tby omitting from paragraph (a)—\n\t(i)\t\"and Signet\"; and\n\t(ii)\t\"constituted under Letters Patent under the Great Seal of the United Kingdom\";\n\t(b)\tby omitting from paragraph (b)—\n\t(i)\t\"and Signet\"; and\n\t(ii)\t\"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\t(c)\tby omitting from paragraph (c)—\n\t(i)\t\"under the Great Seal of the United Kingdom\"; and\n\t(ii)\t\"during a temporary absence of the Governor for a short period from the seat of Government or from the State\".\n\t(3)\tSection 51 of the Principal Act is amended—\n\t(a)\tby omitting subsection (1); and\n\t(b)\tby omitting from subsection (2)—\n\t(i)\t\"(2)\";\n\t(ii)\t\"this section and in\"; and\n\t(iii)\t\"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\".\n15—Method of repeal or amendment of this Act or Statute of Westminster\n\t(1)\tThis 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\t(2)\tFor 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\t(3)\tNothing 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.\n16—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\n\"appeal\" includes a petition of appeal, and a complaint in the nature of an appeal;\n\"appeal to Her Majesty in Council\" includes any appeal to Her Majesty;\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\"court\" includes a judge, judicial officer or other person acting judicially;\n\"decision\" includes determination, judgment, decree, order or sentence;\n\"Governor\", in relation to a State, includes any person for the time being administering the government of the State;\n\"State\" means a State of the Commonwealth and includes a new State;\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\"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\"Statute of Westminster 1931\" means the Act of the Parliament of the United Kingdom known as the Statute of Westminster 1931.\n\t(2)\tThe 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\t(3)\tA 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.\n17—Short title and commencement\n\t(1)\tThis Act may be cited as the Australia Act 1986.\n\t(2)\tThis Act shall come into operation on a day and at a time to be fixed by Proclamation.\nSchedule 2\nAN ACT\n\t\nTo 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\t\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\t\nBE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n1—Short title\nThis Act may be cited as the Australia (Request and Consent) Act 1985.\n2—Commencement\nThis Act shall come into operation on the day on which it receives the Royal Assent.\n3—Request and consent to United Kingdom legislation\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.\nSCHEDULE\nSection 3\n\t\nAn Act to give effect to a request by the Parliament and Government of the Commonwealth of Australia.\n\t\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\t\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:\n1—Termination of power of Parliament of United Kingdom to legislate for Australia\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.\n2—Legislative powers of Parliaments of States\n\t(1)\tIt 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\t(2)\tIt 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.\n3—Termination of restrictions on legislative powers of Parliaments of States\n\t(1)\tThe 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\t(2)\tNo 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.\n4—Powers of State Parliaments in relation to merchant shipping\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.\n5—Commonwealth Constitution, Constitution Act and Statute of Westminster not affected\nSections 2 and 3(2) above—\n\t(a)\tare subject to the Commonwealth of Australia Constitution Act and to the Constitution of the Commonwealth; and\n\t(b)\tdo 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.\n6—Manner and form of making certain State laws\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.\n7—Powers and functions of Her Majesty and Governors in respect of States\n\t(1)\tHer Majesty's representative in each State shall be the Governor.\n\t(2)\tSubject 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\t(3)\tSubsection (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\t(4)\tWhile 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\t(5)\tThe 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.\n8—State laws not subject to disallowance or suspension of operation\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.\n9—State laws not subject to withholding of assent or reservation\n\t(1)\tNo 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\t(2)\tNo 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.\n10—Termination of responsibility of United Kingdom Government in relation to State matters\nAfter the commencement of this Act Her Majesty's Government in the United Kingdom shall have no responsibility for the government of any State.\n11—Termination of appeals to Her Majesty in Council\n\t(1)\tSubject 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\t(2)\tSubject to subsection (4) below—\n\t(a)\tthe 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\t(b)\tany 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,\nin so far as they are part of the law of the Commonwealth, of a State or of a Territory, are hereby repealed.\n\t(3)\tThe enactments referred to in subsection (2)(a) above are the following Acts of the Parliaments of the United Kingdom or provisions of such Acts:\nThe Australian Courts Act 1828, section 15\nThe Judicial Committee Act 1833\nThe Judicial Committee Act 1844\nThe Australian Constitutions Act 1850, section 28\nThe Colonial Courts of Admiralty Act 1890, section 6.\n\t(4)\tNothing in the foregoing provisions of this section—\n\t(a)\taffects 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\t(b)\tprecludes 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\t(i)\tpursuant to leave granted by an Australian court on an application made before that commencement; or\n\t(ii)\tpursuant to special leave granted by Her Majesty in Council on a petition presented before that commencement,\nbut 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.\n12—Amendment of Statute of Westminster\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.\n13—Amendment of Constitution Act of Queensland\n\t(1)\tThe Constitution Act 1867–1978 of the State of Queensland is in this section referred to as the Principal Act.\n\t(2)\tSection 11A of the Principal Act is amended in subsection (3)—\n\t(a)\tby omitting from paragraph (a)—\n\t(i)\t\"and Signet\"; and\n\t(ii)\t\"constituted under Letters Patent under the Great Seal of the United Kingdom\"; and\n\t(b)\tby omitting from paragraph (b)—\n\t(i)\t\"and Signet\"; and\n\t(ii)\t\"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\t(3)\tSection 11B of the Principal Act is amended—\n\t(a)\tby omitting \"Governor to conform to instructions\" and substituting \"Definition of Royal Sign Manual\";\n\t(b)\tby omitting subsection (1); and\n\t(c)\tby omitting from subsection (2)—\n\t(i)\t\"(2)\";\n\t(ii)\t\"this section and in\"; and\n\t(iii)\t\"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\t(4)\tSection 14 of the Principal Act is amended in subsection (2) by omitting \", subject to his performing his duty prescribed by section 11B,\".\n14—Amendment of Constitution Act of Western Australia\n\t(1)\tThe Constitution Act 1889 of the State of Western Australia is in this section referred to as the Principal Act.\n\t(2)\tSection 50 of the Principal Act is amended in subsection (3)—\n\t(a)\tby omitting from paragraph (a)—\n\t(i)\t\"and Signet\"; and\n\t(ii)\t\"constituted under Letters Patent under the Great Seal of the United Kingdom\";\n\t(b)\tby omitting from paragraph (b)—\n\t(i)\t\"and Signet\"; and\n\t(ii)\t\"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\t(c)\tby omitting from paragraph (c)—\n\t(i)\t\"under the Great Seal of the United Kingdom\"; and\n\t(ii)\t\"during a temporary absence of the Governor for a short period from the seat of Government or from the State\".\n\t(3)\tSection 51 of the Principal Act is amended—\n\t(a)\tby omitting subsection (1); and\n\t(b)\tby omitting from subsection (2)—\n\t(i)\t\"(2)\";\n\t(ii)\t\"this section and in\"; and\n\t(iii)\t\"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\".\n15—Method of repeal or amendment of this Act or Statute of Westminster\n\t(1)\tThis 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\t(2)\tFor 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\t(3)\tNothing 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.\n16—Interpretation\n\t(1)\tIn this Act—\n\"appeal\" includes a petition of appeal, and a complaint in the nature of an appeal;\n\"appeal to Her Majesty in Council\" includes any appeal to Her Majesty;\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\"court\" includes a judge, judicial officer or other person acting judicially;\n\"decision\" includes determination, judgment, decree, order or sentence;\n\"Governor\", in relation to a State, includes any person for the time being administering the government of the State;\n\"State\" means a State of the Commonwealth and includes a new State;\n\"Territory\" means a territory referred to in section 122 of the Constitution of the Commonwealth;\n\"the Commonwealth\" means the Commonwealth of Australia as established under the Commonwealth of Australia Constitution Act;\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\t(2)\tThe 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, a reference to the Constitution Act 1889 of that State.\n\t(3)\tA 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.\n17—Citation and commencement\n\t(1)\tThis Act may be cited as the Australia Act 1986.\n\t(2)\tThis 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.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n1985\n95\nAustralia Acts (Request) Act 1985\n31.10.1985\n31.10.1985\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act implements the stated objective in its preamble: to bring Australia’s constitutional arrangements into conformity with sovereign Australian authority by removing UK legislative and judicial roles and confirming State legislative powers (Preamble; Schedule 1). It does not widen scope beyond that implementation; instead it prescribes specific repeal, preservation and procedural rules (see ss 1–3, 5, 11, 15)."},"complexity_factors":["Cross‑jurisdictional transfer of legal authority between the UK, the Commonwealth and the States (Schedule 1; ss 1–3, 11)","Repeal or disapplication of historic UK statutes that previously constrained State law‑making (Colonial Laws Validity Act 1865 — s 3(1); Statute of Westminster amendments — s 12)","Termination of appeals to Her Majesty in Council and repeal of related UK enactments, with narrow transitional exceptions (s 11(1)–(4))","Manner and form requirement for State laws altering their own parliaments’ constitution, powers or procedure (s 6) creating procedural constraints and legal uncertainty about validity","Special amendment/repeal procedure requiring Commonwealth Acts passed at request or with concurrence of all States for changes to this Act or the Statute of Westminster (s 15)","Targeted amendments to State constitutional Acts (Queensland — s 13; Western Australia — s 14) increasing drafting and localization complexity","Preservation clause subjecting changes to the Commonwealth Constitution and Commonwealth of Australia Constitution Act (s 5) — interaction with entrenched constitutional provisions","Extensive definitions and interpretation provisions that affect scope and application across federal and state courts (s 16)","Variable commencement mechanisms (proclamation or Secretary of State order — Schedule 1 s 17(2); Schedule 2 s 2) affecting timing and transition"],"plain_english_summary":"This Act asks the Commonwealth and the United Kingdom Parliaments to enact the Australia Acts that remove remaining UK legislative and judicial authority over Australia, end appeals to the Privy Council and confirm State parliaments’ law‑making powers. It hands final legal authority to Australian institutions while preserving the Commonwealth Constitution; key decision and repeal steps require Commonwealth action with the concurrence of all States (see Schedule 1; ss 5, 7, 11, 15)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling the passage of the Australia Act 1986 to complete Australian constitutional independence. The Act does exactly what its preamble states—bringing constitutional arrangements into conformity with Australia's status as a sovereign nation. The inclusion of the full draft legislation in the Schedules is integral to the mechanism (requesting specific legislation) rather than scope creep."},"complexity_factors":["Nested legislative structure: the Act contains two complete draft Acts within Schedules (Schedule 1 and Schedule 2), each with their own sections, subsections, and definitions","Cross-references to multiple external statutes: Colonial Laws Validity Act 1865, Merchant Shipping Act 1894, Statute of Westminster 1931, Constitution Acts of Queensland and Western Australia, Commonwealth Constitution (s 51(xxxviii), s 128, s 122)","Conditional savings provisions: section 11(4) creates a complex grandfathering clause for pending Privy Council appeals with multiple nested conditions","Dual-pathway mechanism: the Act operates through two different constitutional mechanisms simultaneously (Commonwealth legislation under s 51(xxxviii) and UK legislation via request and consent)","Mirror legislation complexity: Schedules 1 and 2 contain nearly identical provisions but with subtle differences in drafting (e.g., 'High Court' vs 'High Court of Australia' in definitions, different commencement mechanisms)","Entrenched amendment procedure: section 15 creates a 'manner and form' requirement requiring all States to consent to any amendment","13 defined terms in interpretation sections, some with recursive or cross-referential definitions"],"plain_english_summary":"This South Australian Act formally requests and consents to the Australia Act 1986 (and contains its text), asking the Commonwealth and UK Parliaments to pass the national statute that finally severed most legal ties with the UK.  \n\nThe result: UK Parliament and government lost authority to make or override Australian laws and to hear appeals; States gained full legislative power and the Queen’s State powers are exercised locally by Governors on state advice — completing Australia’s legal independence."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"}},"importantCases":[],"_links":{"self":"/api/acts/sa-australia-acts-request-act-1985","history":"/api/acts/sa-australia-acts-request-act-1985/history","analysis":"/api/acts/sa-australia-acts-request-act-1985/analysis","conflicts":"/api/acts/sa-australia-acts-request-act-1985/conflicts","importantCases":"/api/acts/sa-australia-acts-request-act-1985/important-cases","documents":"/api/acts/sa-australia-acts-request-act-1985/documents"}}