The Act records that the Commonwealth and all States request and consent to a United Kingdom Act in the terms set out in the Schedule (main Act s3; Schedule preamble).
The Schedule removes the ability of the UK Parliament to make laws for Australia after the Schedule comes into force: no UK Act passed later will form part of Australian law (Schedule, section 1).
It confirms that each State parliament has full power to make laws for the peace, order and good government of the State, including laws with extra‑territorial effect, and also the legislative powers that the UK Parliament might previously have exercised for a State (Schedule, section 2(1)–(2)). The Schedule expressly preserves that States do not gain capacity to conduct foreign relations beyond what they had immediately before commencement (Schedule, section 2(2)).
The Colonial Laws Validity Act 1865 is removed as a constraint on State laws made after commencement; State laws are not void because they are repugnant to English law or UK Acts, and States may repeal or amend such UK law as part of State law (Schedule, section 3(1)–(2)).
Certain provisions of the Merchant Shipping Act 1894 (sections 735–736) are repealed insofar as they form part of State law (Schedule, section 4).
The Schedule preserves the Commonwealth Constitution and limits the operation of State law to avoid conflict with the Commonwealth Constitution, the Commonwealth of Australia Constitution Act and the Statute of Westminster (Schedule, section 5).
Mechanically, the Australia (Request and Consent) Act 1985 (the 1985 Act) asks and consents to the United Kingdom Parliament enacting the text in the Schedule. The Schedule is an Act intended to terminate key residual constitutional links between the United Kingdom and Australia. The Schedule (labelled as an Act to give effect to the request) does the following by its own terms: it declares that no UK Act passed after commencement shall extend to the Commonwealth, any State or Territory (Schedule s1); it confers on State Parliaments full power to make laws for the peace, order and good government of the State with extra‑territorial operation and declares that State Parliaments now possess the legislative powers the UK Parliament might previously have exercised for a State subject to limits on external relations (Schedule s2); it removes the application of the Colonial Laws Validity Act 1865 to State laws and permits States to repeal or amend UK Acts as part of State law (Schedule s3); it repeals specified provisions of the Merchant Shipping Act 1894 insofar as part of State law (Schedule s4); it ends the UK Government’s responsibility for the government of any State (Schedule s10); it ends royal disallowance and suspension of State Acts and prohibits requirement for Governors to withhold assent or reserve Bills (Schedule ss8-9); it ends appeals to Her Majesty in Council from Australian courts (Schedule s11) and repeals certain UK enactments that provided for such appeals (Schedule s11(2)-(3)); it amends which provisions of the Statute of Westminster 1931 remain in force (Schedule s12); it amends particular provisions of the Constitution Acts of Queensland and Western Australia to remove references to Signet and to certain external sealing and instruction provisions (Schedule ss13-14); it prescribes that repeal or amendment of the Act or the Statute of Westminster (as it forms part of Australian law) requires an Act of the Commonwealth Parliament passed at the request or with the concurrence of the Parliaments of all States, subject to Commonwealth constitutional alteration by referendum (Schedule s15); and it contains interpretive definitions and a provision for citation and commencement (Schedule ss16-17). The 1985 Act itself contains the domestic legal act of requesting and consenting to the UK enactment (s3), together with short title and commencement (ss1-2).
Current sections
Direct links to the current provisions in Australia (Request and Consent) Act 1985.
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Official source available
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
State laws that deal with the constitution, powers or procedure of a State parliament must be made in the manner and form required by that State’s own law, or they are of no force (Schedule, section 6).
Her Majesty’s representative in each State is the Governor, and (subject to limited exceptions) powers and functions of Her Majesty in respect of a State are to be exercised only by the Governor; advice to Her Majesty on State matters is to be tendered by the State Premier (Schedule, section 7(1)–(5)).
Once a State Act has been validly assented to by the Governor, it is not subject to disallowance by Her Majesty nor may its operation be suspended pending signification of Her Majesty’s pleasure (Schedule, section 8), and instruments cannot require a Governor to withhold assent or to reserve a Bill for Her Majesty (Schedule, section 9).
The UK Government is freed from responsibility for the government of any State after commencement (Schedule, section 10).
Appeals to Her Majesty in Council (the Privy Council) from Australian courts are terminated prospectively, with limited transitional exceptions for appeals already instituted or where leave was granted before commencement (Schedule, section 11(1)–(4)). Certain historic UK enactments dealing with appeals are repealed as part of Australian law (Schedule, section 11(2)–(3)).
Specified provisions of the Statute of Westminster 1931 (as part of Australian law) are repealed (Schedule, section 12).
The Schedule makes specific amendments to the Constitution Acts of Queensland and Western Australia to remove references to certain UK seals and related provisions (Schedule, sections 13–14).
The Schedule provides that this Act or the Statute of Westminster, insofar as they form part of Australian law, may be repealed or amended by a Commonwealth Act only if that Act is passed at the request or with the concurrence of the Parliaments of all States (Schedule, section 15(1)); an exception preserves alteration by referendum under section 128 of the Commonwealth Constitution (Schedule, section 15(3)).
Interpretation and transitional definitions are supplied (Schedule, section 16). The Schedule itself is titled the Australia Act 1986 and comes into force on a day appointed by the UK Secretary of State (Schedule, section 17).
Official rationale stated in the text
The preamble records that the Prime Minister and the Premiers agreed to take 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.” The Schedule is the detailed instrument by which that request and consent are implemented (preamble; main Act s3; Schedule preamble).
Testing that rationale against costs, incentives, trade‑offs and implementation mechanics (source‑grounded)
Who decides after commencement: State parliaments gain clarified legislative authority (Schedule, section 2). Governors remain the Crown’s representatives in States and exercise the Crown’s State powers (Schedule, section 7). The Commonwealth Constitution and Commonwealth Acts remain controlling where they operate (Schedule, section 5).
Who bears compliance or administrative costs: State governments and parliaments bear the direct costs of exercising and structuring the expanded or clarified powers (Schedule, sections 2 and 6). Where States amend their constitutions or statutes to remove references to UK instruments (as the Schedule requires for Queensland and Western Australia), those States bear the legislative work (Schedule, sections 13–14).
Incentives and behaviour change: The prospective end of UK parliamentary legislation and Privy Council appeals (Schedule, sections 1 and 11) shifts final legal authority to Australian institutions and reduces routes to external judicial review. That will change litigation strategy for parties and may increase reliance on Australian appellate mechanisms (Schedule, section 11(1)–(4)). State parliaments may legislate with extra‑territorial effect (Schedule, section 2(1)), which alters legal drafting and enforcement considerations for businesses and individuals operating across borders.
Limits and retained constraints: The Schedule preserves the supremacy and operation of the Commonwealth Constitution, the Commonwealth of Australia Constitution Act, and the Statute of Westminster in force (Schedule, section 5). The Schedule also preserves the States’ pre‑existing limits on foreign relations capacity (Schedule, section 2(2)). These clauses constrain State action despite broader State legislative powers elsewhere in the Schedule.
Opportunity costs and substitution effects: Ending UK disallowance, reservation and appeals (Schedule, sections 8–11) removes external supervisory routes. The substitution is domestic political and judicial accountability mechanisms (State parliaments, State courts, the High Court and Commonwealth institutions). That shifts the locus of dispute resolution and constitutional contest to Australian forums.
Implementation risk and transitional detail: The Schedule contains transitional safeguards for appeals already instituted or where leave was granted before commencement (Schedule, section 11(4)). The Schedule also prescribes a special method for repeal or amendment of itself or the Statute of Westminster as part of Australian law, requiring the concurrence of all State parliaments (Schedule, section 15). These mechanisms create coordination requirements and legal questions around timing and effect (Schedule, sections 11(4) and 15).
Bureaucratic or executive discretion points: The exercise of Crown powers in States is channelled to Governors (Schedule, section 7(2)), and the Premier is specified as the adviser to Her Majesty on State matters (Schedule, section 7(5)). The Secretary of State of the UK determines the commencement day for the Schedule (Schedule, section 17(2)), introducing an external timing discretion for bringing the Schedule into force.
Key practical effects for businesses, courts and citizens (source‑grounded)
Courts: Privy Council appeals are removed prospectively; the High Court and Australian appellate structure become the final domestic routes (Schedule, section 11).
Businesses and individuals: State laws may have extra‑territorial reach and will not be void for repugnancy to English law after commencement, altering legal risk assessments for cross‑border activities (Schedule, sections 2 and 3).
Administrations: The UK Government is relieved of responsibility for State government matters after commencement, and State Governors become the primary Crown figure within States for the exercise of Crown powers (Schedule, sections 7 and 10). State legislatures will control their internal parliamentary procedures subject to their own manner and form rules (Schedule, section 6).
The Explanatory preamble in the 1985 Act records that the Prime Minister of the Commonwealth and the Premiers of the States agreed at conferences in 1982 and 1984 to take 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". That statement is an expressed purpose in the Act’s preface; the Schedule enacts the discrete legal steps implementing that expressed purpose. The Schedule itself characterises its provisions as terminating residual UK legislative and executive authorities and reallocating certain powers and legal effects to Australian institutions (see Schedule ss1, 7, 8, 10, 11).
The instrument changes the formal legal relationships between the United Kingdom and Australia: it removes post‑commencement UK legislative reach into Australian jurisdictions (Schedule s1); it ends the direct role of UK executive and judicial institutions in State affairs (Schedule ss7, 10, 11); and it places limits on how future changes to this instrument or the Statute of Westminster as part of Australian law may be made (Schedule s15). These are constitutional‑form changes rather than creation of regulatory regimes, criminal offences or administrative programmes. The Act therefore operates mainly by altering sources of legal authority, by changing which enactments may bind Australian courts and by fixing certain processes (for example, manner and form requirements and the role of Governors) for State lawmaking.
Main concepts
This Act and its Schedule are structured around a limited set of constitutional concepts. Each concept below is presented with the Schedule or Act provision that establishes it.
Request and consent. The Commonwealth Parliament, with the concurrence of all States, formally requests and consents to the UK Parliament enacting the Schedule (Australia (Request and Consent) Act 1985 s3). The Schedule begins by recording that request and consent and proceeds as an Act of the UK Parliament to effect the agreed changes.
Termination of UK legislative extension. The Schedule declares that no UK Act passed after commencement "shall extend, or be deemed to extend, to the Commonwealth, to a State or to a Territory" as part of local law (Schedule s1). That is a direct extinguishment of the residual rule that a UK Act might extend to a dominion or colony.
State legislative plenary and extra‑territorial powers. Schedule s2(1) declares that State Parliaments have "full power to make laws for the peace, order and good government of that State that have extra‑territorial operation". Schedule s2(2) declares that State Parliaments have the legislative powers that the UK Parliament might have exercised for that State before commencement, except that nothing confers on a State capacity to engage in relations with external countries.
Removal of Colonial Laws Validity restrictions. Schedule s3(1) removes the Colonial Laws Validity Act 1865 from application to State laws made after commencement. Schedule s3(2) further provides that State laws will not be void or inoperative on the ground of repugnancy to the law of England or to provisions of present or future UK Acts, and that State Parliaments may repeal or amend such Acts as part of State law.
Disallowance, reservation and withholding of assent. Schedule ss8-9 remove the mechanisms by which the Crown or UK Government could disallow or suspend operation of State Acts, or require reservation or withholding of assent by Governors. Schedule s8 declares that a State Act assented to by its Governor shall not be subject to disallowance by Her Majesty nor shall its operation be suspended pending Her Majesty’s pleasure. Schedule s9 prohibits laws or instruments purporting to require Governors to withhold assent or to reserve Bills.
Governor and royal powers. Schedule s7 sets that Her Majesty’s representative in each State shall be the Governor (s7(1)), and that all powers and functions of Her Majesty in respect of a State are exercisable only by the Governor, subject to limited exceptions (ss7(2)-(4)). Schedule s7(5) directs that advice to Her Majesty in relation to the exercise of those powers shall be tendered by the Premier of the State.
Termination of UK responsibility and appeals. Schedule s10 ends UK Government responsibility for the government of any State. Schedule s11 removes appeals to Her Majesty in Council from or in respect of decisions of Australian courts, and repeals specific UK Acts that previously enabled such appeals (Schedule s11(2)-(3)), subject to transitional exceptions for appeals instituted or leave granted before commencement (Schedule s11(4)).
Statute of Westminster adjustments. Schedule s12 repeals particular sections of the Statute of Westminster 1931 insofar as they are part of the law of the Commonwealth, a State or a Territory (Schedule s12).
Manner and form regulation. Schedule s6 preserves expressly that State laws made after commencement "respecting the constitution, powers or procedure of the Parliament of the State" will be of no force unless made in such manner and form as the State Parliament may from time to time require (Schedule s6). The Schedule thus preserves internal procedural constraints on State constitutional or parliamentary laws.
Amendment and repeal procedure. Schedule s15 provides that this Act or the Statute of Westminster, insofar as part of Australian law, may be repealed or amended by an Act of the Commonwealth Parliament passed at the request or with the concurrence of all State Parliaments, and, subject to s15(3), only in that manner. It further deems any repugnant Commonwealth Act to be an Act to repeal or amend these instruments to the extent of repugnancy (s15(2)). Section s15(3) preserves the operation of constitutional alteration under section 128 of the Commonwealth Constitution.
Definitions and scope. Schedule s16 contains interpretive definitions including "appeal", "Australian court" (which explicitly excludes the High Court of Australia), "Governor", "State", and the meaning of "the Commonwealth" and "the Constitution of the Commonwealth" as established by the Commonwealth of Australia Constitution Act (Schedule s16).
These main concepts create a package effect: elimination of residual UK legislative, executive and judicial controls; reinforcement of State legislative autonomy subject to internal manner and form and the Commonwealth Constitution; and a legislatively prescribed high bar for altering these arrangements at the Commonwealth level (Schedule s15).
Who it affects
The Act reallocates institutional rights and responsibilities. The primary actors and the ways they are affected under the Act and its Schedule are:
The United Kingdom Parliament and Government. The Schedule removes the capacity for any UK Act passed after commencement to extend to the Commonwealth, a State or a Territory as part of their law (Schedule s1). It further declares that Her Majesty’s Government in the United Kingdom "shall have no responsibility for the government of any State" after commencement (Schedule s10). The Schedule also repeals and removes certain UK statutory provisions that provided for appeals to Her Majesty in Council from Australian courts (Schedule s11(2)-(3)) and parts of the Statute of Westminster insofar as they had particular effects in Australia (Schedule s12). In short, the Schedule terminates certain UK legislative, executive and judicial functions in relation to Australian jurisdictions.
State Parliaments. State Parliaments receive an express legislative power to make laws with extra‑territorial operation for the peace, order and good government of the State (Schedule s2(1)). Schedule s2(2) declares that State Parliaments have the legislative powers the UK Parliament might previously have exercised for the State, subject to the limitation that nothing in s2(2) confers capacity to engage in foreign relations (s2(2) final clause). Schedule s3 removes application of the Colonial Laws Validity Act 1865 to laws made after commencement and removes the repugnancy restriction to the law of England or to UK Acts in so far as they are part of State law (Schedule s3(1)-(2)). Governors retain a role: a State Act assented to by the Governor is not subject to disallowance by Her Majesty nor suspension of operation (Schedule s8). State Parliaments must still comply with manner and form requirements for laws "respecting the constitution, powers or procedure of the Parliament" (Schedule s6), and any State law that would be repugnant to the Commonwealth Constitution, the Commonwealth of Australia Constitution Act, this Act or the Statute of Westminster in force does not take effect (Schedule s5(b)).
Governors and Premiers. The Schedule establishes that the Governor is Her Majesty’s representative in each State (Schedule s7(1)), and that Her Majesty’s powers and functions in respect of a State are exercisable only by the Governor subject to exceptions regarding appointment and termination of appointment and personal presence of Her Majesty (Schedule s7(2)-(4)). The Schedule directs that advice to Her Majesty in relation to those powers will be tendered by the Premier of the State (Schedule s7(5)). The Schedule also removes instruments or laws purporting to require withholding or reservation of assent by the Governor (Schedule s9).
Commonwealth institutions. The Act is subject to the Commonwealth of Australia Constitution Act and the Constitution of the Commonwealth (Schedule s5(a)). Schedule s15 prescribes that repeal or amendment of this Act or the Statute of Westminster as part of Australian law requires an Act of the Commonwealth Parliament passed at the request or with the concurrence of the Parliaments of all the States, subject to the operation of constitutional alteration by referendum (s15(3)). The Commonwealth Parliament remains the constitutional centrepiece for national legislative authority, and the Schedule’s provisions are constrained by constitutional limits (Schedule s5).
Courts and litigants. Schedule s11 extinguishes appeals to Her Majesty in Council from decisions of Australian courts subject to transitional exceptions (Schedule s11(4)). Schedule s16 defines "Australian court" as a court of a State or any other court of Australia or of a Territory other than the High Court of Australia. The removal of Privy Council appeals redirects final appellate processes into Australian institutions.
Private parties and regulated entities. While the Act does not create regulatory obligations, the reallocation of legislative competency and the removal of UK‑origin constraints mean private parties that operate across State borders may encounter a larger diversity of State laws, and businesses previously subject to UK law as part of State law may instead be governed solely by State or Commonwealth law. Those effects are mechanisms created by Schedule s2, s3 and s6 rather than direct regulatory commands.
The High Court of Australia. By definition the "Australian court" in Schedule s16 excludes the High Court, but Schedule s11 uses the term "Australian court" in declaring that "no appeal to Her Majesty in Council lies or shall be brought ... from or in respect of any decision of an Australian court" (Schedule s11(1)). The Schedule thus removes Privy Council routes and, implicitly, leaves the domestic final appellate jurisdiction to Australian courts, with the High Court remaining institutionally distinct under the definitions.
Who pays and who decides: The Schedule transfers decision‑making authority (legislative and final judicial authority) from UK institutions to Australian State and Commonwealth institutions. The costs of that transfer are borne by the actors who must operate under the new legal architecture: State legislatures must exercise and manage the new legislative reach and its consequences, Governors must exercise the residual royal functions in the terms set, the Commonwealth and State courts must interpret the new boundaries, and private actors must adapt to State legislative choices made under the expanded powers. The Schedule sets institutional rules that determine who decides certain constitutional and procedural questions going forward.
Key duties and rights
The instrument is not a code of duties in the regulatory sense; its operative clauses allocate powers, remove prerogatives and prescribe processes. The key duties and rights created or preserved by the Act and Schedule are:
Request and consent duty. The Commonwealth Parliament with concurrence of all States is recorded as requesting and consenting to a UK Act in the terms of the Schedule (Australia (Request and Consent) Act 1985 s3). That is an executed sovereign act: the Commonwealth and States have by this statute created the legal basis for the UK enactment to proceed.
State legislative rights. State Parliaments gain the right (express legal competence) to make laws for peace, order and good government with extra‑territorial operation (Schedule s2(1)), and they have the powers the UK Parliament might previously have exercised for the State, except that nothing in s2(2) confers capacity to engage in relations with foreign countries (Schedule s2(2)). These are rights of parliamentary competence, not affirmative duties to legislate in any particular way.
Governor’s role and limits. The Schedule sets the Governor as Her Majesty’s representative in each State (Schedule s7(1)), and says that powers and functions of Her Majesty in respect of a State are exercisable only by the Governor (s7(2)), except the power to appoint and terminate appointment of the Governor (s7(3)) and when Her Majesty is personally present (s7(4)). The Premier is required to tender advice to Her Majesty regarding the exercise of those powers (s7(5)). These are arrangements governing who may exercise royal powers in relation to a State.
Protection against external interference. A State Act assented to by the Governor is protected from disallowance by Her Majesty and from suspension pending Her Majesty’s pleasure (Schedule s8). Laws or instruments cannot require a Governor to withhold assent or to reserve a Bill for Her Majesty’s pleasure (Schedule s9). Those are rights of State legislative finality once the Governor assents.
Manner and form limitation. A functional duty on State Parliaments is preserved in Schedule s6: a State law made after commencement that "respecting the constitution, powers or procedure of the Parliament of the State" is of no force unless made in such manner and form as the Parliament itself may from time to time require. This is a retained constraint on how a State may alter its own parliamentary constitution and procedure.
Prohibition of appeal to Her Majesty in Council. There is a right withheld: no appeal to Her Majesty in Council lies from or in respect of any decision of an Australian court after commencement (Schedule s11(1)), with transitional carve‑outs for cases instituted or leave granted before commencement (Schedule s11(4)). That modifies the rights of litigants to access the Privy Council as a forum.
Limits preserving the Commonwealth Constitution. The Schedule contains limiting rights in Schedule s5: Sections 2 and 3(2) of the Schedule are "subject to the Commonwealth of Australia Constitution Act and to the Constitution of the Commonwealth" and do not operate to give effect to a State provision 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 (Schedule s5(a)-(b)). This preserves supremacy of constitutional instruments.
Amendment and repeal process as a procedural right. Schedule s15 grants a procedural protection: the Act or the Statute of Westminster as part of Australian law "may be repealed or amended" only by an Act of the Commonwealth Parliament passed at the request or with the concurrence of the Parliaments of all the States, except insofar as an alteration to the Constitution is effected under section 128 (Schedule s15(1)-(3)). This creates a constrained method for future repeal or amendment.
Interpretive definitions and incorporated meanings. Schedule s16 provides rights of interpretation such as defining "appeal", "Australian court", "Governor", "State" and "Territory" for the purposes of the Schedule, clarifying the scope of operative phrases elsewhere in the Schedule.
There are no express criminal penalties, financial levies or administrative sanctions set out in the Schedule. The "duties" are institutional and procedural: State Parliaments must observe manner and form requirements for certain State laws (s6); Governors must assent for State Acts to receive protection from disallowance (s8); the Premier is the advisor to Her Majesty regarding state royal powers (s7(5)); and future amendment or repeal of the Act or the Statute of Westminster as part of Australian law is constrained by s15.
Penalties and enforcement
This Act and its Schedule do not impose statutory penalties or administrative enforcement regimes. The instrument is constitutional in character and enforces its provisions by altering legal competence, sources of law, and by displacing prior remedial or supervisory routes to UK institutions. Enforcement thus occurs through legal effect and judicial determination, not through administrative fines or criminal sanctions.
Primary mechanisms of enforcement and legal effect in the text are:
Law‑making validity and judicial scrutiny. The Schedule removes the application of the Colonial Laws Validity Act 1865 to laws made after commencement (Schedule s3(1)) and excludes repugnancy to English law as a ground for a State law to be void or inoperative (Schedule s3(2)). Conversely, Schedule s5 preserves that nothing in the Schedule operates to give force to a State law that would be repugnant to the Commonwealth of Australia Constitution Act, the Constitution of the Commonwealth or the Statute of Westminster. The net legal enforcement mechanism is judicial review: courts determine whether a law is within competence, whether it is made in accordance with manner and form requirements (Schedule s6), and whether it conflicts with the Commonwealth Constitution or other preserved instruments (Schedule s5). The instrument relies on courts to enforce constitutional boundaries.
Protection from royal or UK intervention. Schedule s8 declares that a State Act assented to by the Governor is not subject to disallowance by Her Majesty nor is its operation to be suspended pending Her Majesty’s pleasure. Schedule s9 annuls laws and instruments that would require withholding of assent or reservation. Those provisions remove royal or UK‑government enforcement options; compliance is therefore enforced by making such interventions unavailable rather than by penal sanction.
Judicial appeals re‑routed domestically. Schedule s11 abolishes appeals to Her Majesty in Council from Australian courts (subject to transitional exceptions). That enforcement change means litigants no longer have the Privy Council as an enforcement or appellate forum; enforcement of judicial decisions will proceed within Australian judicial institutions. The Act contains no mechanism creating a new appellate tribunal; it relies on the domestic court system to police legal rights henceforth.
Amendment and repeal constraints. Schedule s15 prescribes that repeal or amendment of this Act or the Statute of Westminster as part of Australian law requires an Act of the Commonwealth Parliament passed at the request or with concurrence of all State Parliaments, subject to constitutional alteration under section 128. The enforcement of that procedural safeguard will be a matter of legislative form and judicial interpretation if contested.
No express administrative enforcement powers. The Schedule does not confer new administrative powers to executive agencies, nor does it prescribe administrative enforcement instruments. Compliance is therefore a matter of constitutional observance and statutory drafting, with legal consequences adjudicated in the courts.
In practice, enforcement will proceed by litigated questions about competence, validity and constitutional consistency. The Schedule’s protections and prohibitions are expressed as legal statements about what will not operate, what is repealed, and which bodies retain or lose functions; their enforcement is the removal of legal remedies formerly available or the non‑availability of particular executive interventions. There are no monetary penalties or criminal liabilities contained in the text.
How it interacts with other laws
The Schedule is framed to alter specific interactions between UK legislation, State law, the Commonwealth Constitution and prior Imperial statutes. The Schedule explicitly addresses its relationship with other laws in several provisions:
Subordination to the Commonwealth Constitution and Commonwealth of Australia Constitution Act. Schedule s5(a) states that sections 2 and 3(2) "are subject to the Commonwealth of Australia Constitution Act and to the Constitution of the Commonwealth". Schedule s5(b) further provides that those sections do not operate to give force or effect to any State Act provision 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 as amended and in force. Therefore, the Schedule recognises the continuing supremacy of the Commonwealth Constitution and the Commonwealth of Australia Constitution Act over the newly asserted State legislative powers. In legal terms the Schedule creates a framework in which State autonomy is expanded but remains constrained by the Constitution.
Repeal or non‑application of Colonial Laws Validity Act. Schedule s3(1) declares that 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". Schedule s3(2) states that no State law made after commencement is void for repugnancy to the law of England or to provisions of any existing or future UK Act that are part of State law, and that State Parliaments can repeal or amend such Acts insofar as they are part of State law. This changes the prior interplay where Imperial statutes could limit State law validity by the repugnancy doctrine. Post‑commencement, State law validity no longer depends on repugnancy to English law as a core invalidating principle, though Schedule s5 retains constitutional constraints.
Modification of the Statute of Westminster. Schedule s12 repeals particular sections of the Statute of Westminster 1931 (ss4, 9(2) and (3), and 10(2)) insofar as they form part of the law of the Commonwealth, a State or a Territory. That reallocation modifies the previously existing mechanisms for autonomy established by the Statute of Westminster and limits the scope of that Statute in Australian law as specified.
Relationship to State constitutional instruments. Schedule ss13-14 amend specific provisions in the Constitution Acts of Queensland and Western Australia to remove references to Signet, certain sealing and instruction provisions and other specified language. Schedule s6 preserves that laws respecting the constitution, powers or procedure of a State Parliament will be of no force unless made in the manner and form required by that Parliament. The Schedule therefore interacts directly with the internal constitutional law of particular States and preserves manner and form constraints on State constitutional change.
Repeal of specific UK statutory provisions. Schedule s11(2)-(3) repeals, insofar as they form part of Australian law, enactments that previously enabled appeals to Her Majesty in Council and related instruments (including The Australian Courts Act 1828 s15, the Judicial Committee Acts of 1833 and 1844, Australian Constitutions Act 1850 s28, and the Colonial Courts of Admiralty Act 1890 s6). This removes the legal basis for certain historical links between UK judicial institutions and Australian courts.
Preservation of internal legal requirements. Schedule s6 ensures that the expanded State powers are exercised subject to any internal manner and form requirements the State Parliament itself imposes. That preserves interactions where a State’s own constitutional requirements limit how it may change its parliamentary constitution or lawmaking procedures.
Repugnancy and conflicts. While Schedule s3(2) removes repugnancy to the law of England as a ground to render State laws void, Schedule s5(b) makes clear that State laws cannot be given effect if they would be repugnant to the Commonwealth of Australia Constitution Act, the Commonwealth Constitution, this Act or the Statute of Westminster as in force. Thus the Schedule modifies the prior Imperial‑law based conflict rule but retains constitutional supremacy as the controlling constraint.
Amendment and repeal constraints. Schedule s15(1) prescribes a specific interlegislative method for repealing or amending this Act or the Statute of Westminster as part of Australian law: an Act of the Commonwealth Parliament passed at the request or with the concurrence of the Parliaments of all States, "and, subject to subsection (3) below, only in that manner". Schedule s15(3) preserves Section 128 constitutional amendment via referendum as an alternative route. This provision interacts with Commonwealth legislative procedures and State concurrence requirements to create a statutory lock on unilateral federal repeal or amendment.
In sum, the Schedule rewrites the web of interaction between UK imperial statutes, State legislative competence, and constitutional supremacy by removing certain imperial constraints, expanding State powers, but preserving the centrality of the Commonwealth Constitution and the internal procedural constraints of State Parliaments. Courts will be the arbiters of how these interactions operate in contested cases.
Amendment history
The text provided does not record any subsequent legislative amendments to the Australia (Request and Consent) Act 1985 itself or to the Schedule enacted as an Act of the United Kingdom. The document does, however, prescribe how it may be amended or repealed in future and thus records an internal amendment rule.
Key amendment‑related provisions within the Schedule include:
Prescribed method of repeal or amendment. Schedule s15(1) provides that this Act or the Statute of Westminster 1931, insofar as they form part of Australian law, "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." This sets a statutory requirement of State concurrence or request for such repeal or amendment at the Commonwealth level.
Deeming of repugnant Acts as repeal or amendment. Schedule s15(2) provides that for the purposes of s15(1), a Commonwealth Act repugnant to this Act or to the Statute of Westminster 1931, insofar as part of Australian law, shall be deemed, to the extent of the repugnancy, to be an Act to repeal or amend the Act or Statute. That provision creates a functional mechanism for recognising effectual repeal or amendment through repugnant Commonwealth enactments while preserving the formal requirement of State concurrence for non‑repugnant changes.
Constitutional amendment route preserved. Schedule s15(3) expressly preserves the power of the Commonwealth to exercise powers conferred by an alteration to the Constitution made in accordance with section 128 of the Constitution. That means an ordinary constitutional amendment process by referendum may also alter the legal foundations relevant to this Act.
Citation and commencement. The Schedule’s Schedule s17 states that "This Act may be cited as the Australia Act 1986" and that it shall come into force on such day and at such time as the Secretary of State may by order appoint. The main Act (Australia (Request and Consent) Act 1985) itself received Royal Assent on 4 December 1985 (text note) and s2 provides it comes into operation on the day it receives Royal Assent. The Schedule records a different commencement mechanism for the UK Act.
Because the provided source is the original statutory text and does not include amendment instruments, there is no record in the source of any subsequent formal amendments. The Schedule, however, creates higher procedural barriers and specific routes for any future amendment or repeal and preserves section 128 constitutional amendment as an alternate route.
Litigation history
The source text contains no account, citation or summary of litigation. It names historical UK statutes that it repeals or modifies (for example, the Australian Courts Act 1828, Judicial Committee Acts and Colonial Courts of Admiralty Act 1890 in Schedule s11(3)), but it does not reference any judicial decisions or litigation about the Act or about the matters it affects.
Because the instrument reconfigures appellate access and legislative competence, the logical enforcement and clarification of its terms would fall to Australian courts. The Schedule’s provisions anticipate judicial determination of conflicts, manner and form compliance, and constitutional consistency, but the statute text itself provides no litigation record. Any judicial interpretation or application of the Schedule’s provisions would appear in cases decided after commencement; those cases are not included in the provided text and therefore are outside the source evidence for this deep dive.
If legal practitioners require the subsequent litigation record, they will need to consult case law databases and judicial reports external to this statutory text to identify High Court, State Supreme Court or other decisions interpreting the Schedule’s provisions, issues about the interplay with the Commonwealth Constitution, or litigation about transitional appeals and procedural consequences.
Gotchas
The Schedule contains several technical features and transitional arrangements that can produce unexpected legal consequences if not closely attended to. The following are concrete mechanisms and points of legal care grounded in the text:
Manner and form constraint remains for State constitutional laws (Schedule s6). Although Schedule s2 and s3 expand State legislative competence, Schedule s6 preserves that a law made after commencement "respecting the constitution, powers or procedure of the Parliament of the State" will be of no force unless made in the manner and form as the State Parliament may from time to time require. Practitioners should not assume that expanded legislative powers remove internal procedural constraints; any State attempt to alter parliamentary constitution, powers or procedure must comply with the State’s own manner and form rules.
External relations limitation (Schedule s2(2) final clause). Schedule s2(2) expressly provides that nothing in that subsection confers on a State any capacity that the State did not have immediately before commencement "to engage in relations with countries outside Australia". This keeps foreign affairs as an area not expanded by the Schedule, and any State attempt to enact laws implying capacity to conduct foreign relations will be constrained by this language.
Transitional appellate exceptions (Schedule s11(4)). The abolition of appeals to Her Majesty in Council is subject to transitional preservation for appeals instituted or where leave was granted before commencement. Schedule s11(4)(a) and (b) mean that some appeals may continue post‑commencement if they were initiated or leave granted prior. Practitioners handling high‑stakes litigation close to the commencement date must be alert to whether a particular appeal is preserved by these exceptions.
Definition of "Australian court" excludes the High Court (Schedule s16). Schedule s16 defines "Australian court" as "a court of a State or any other court of Australia or of a Territory other than the High Court of Australia." The effect is that the Schedule uses a defined term that excludes the High Court. Schedule s11 abolishes appeals to Her Majesty in Council from "any decision of an Australian court". Because of the definition in s16, the High Court is not an "Australian court" for this purpose; the textual consequences for appeals from the High Court require close reading of the definitions and the interplay with existing High Court jurisdiction. Practitioners must pay attention to how the Schedule’s definitions interact with particular judicial pathways.
Preservation of constitutional supremacy (Schedule s5). Schedule s5 declares that certain Schedule provisions are subject to the Commonwealth of Australia Constitution Act and the Commonwealth Constitution, and do not operate to give force to State provisions repugnant to those instruments. This means State laws that might otherwise be validated by Schedule s3 (removal of repugnancy to English law) may nevertheless be invalid if repugnant to the Commonwealth Constitution. Practitioners should not assume absolute State autonomy.
Repeal or amendment requires State concurrence or constitutional amendment (Schedule s15). Schedule s15(1) prescribes that repeal or amendment of this Act or the Statute of Westminster as part of Australian law generally requires an Act of the Commonwealth Parliament passed at the request or with the concurrence of the Parliaments of all the States. Schedule s15(2) deems repugnant Commonwealth Acts to effect repeal or amendment to the extent of repugnancy. These procedural constraints create a complex interaction for future legal change: a Commonwealth Act might effect change by repugnancy, but the Schedule formalises a higher threshold in ordinary circumstances. Lawyers advising on constitutional change must account for both the statutory lock and the repugnancy deeming device.
Governor’s appointment power excepted (Schedule s7(3)). Schedule s7(2) makes Her Majesty’s powers in respect of the State exercisable only by the Governor, but s7(3) explicitly excepts the power to appoint and terminate the appointment of the Governor from that limitation. The power to appoint and terminate Governors remains outside the narrow delegation to Governors, which is an important constitutional detail about the residual Crown appointment mechanism.
No express enforcement or penalty regime. Because the Schedule operates by reallocating legal authority rather than creating enforcement mechanisms, compliance issues will typically present as questions of validity, jurisdiction and validity requiring judicial resolution, rather than administrative penalties. Parties should expect litigation over boundaries rather than straightforward statutory sanctions.
Amendments to specific State constitution Acts. Schedule ss13-14 amend the Constitution Act of Queensland and the Constitution Act of Western Australia in specific textual ways (for example, removal of references to "Signet" and Great Seal language). These textual amendments may have subtle consequences for how certain instruments or forms are processed in those States and require careful scrutiny by drafters dealing with State constitutional forms.
Commencement timing split. The domestic Australia (Request and Consent) Act 1985 comes into operation on Royal Assent (s2 of the 1985 Act), while the Schedule as an Act of the UK is entitled "Australia Act 1986" and states in Schedule s17 that it "shall come into force on such day and at such time as the Secretary of State may by order made by statutory instrument appoint." Practitioners handling transitional legal questions need to be attentive to the different and coordinated commencement timings.
These are not normative judgments but textual features that produce specific legal mechanics and possible traps for the unwary. Each mechanism has clear textual grounding in the Schedule and should be considered when advising on legislative drafting, intergovernmental relations or litigation strategy.
How to comply
The Act’s compliance requirements are institutional and procedural rather than regulatory. For each affected actor the following practical steps flow directly from the Schedule’s text:
For State Parliaments drafting laws with extra‑territorial effect. Be explicit about legislative power. Schedule s2(1) grants power to make laws "that have extra‑territorial operation". Drafters should state the territorial reach of provisions and ensure express heads of power or careful constitutional analysis is undertaken to confirm the law falls within "peace, order and good government" of the State and does not attempt to engage in foreign relations (Schedule s2(2) limitation). Keep records showing the legislative basis for extraterritorial application.
For State Parliaments altering their parliamentary constitution, powers or procedure. Observe manner and form. Schedule s6 provides that laws "respecting the constitution, powers or procedure of the Parliament of the State" must be made in "such manner and form as may from time to time be required by a law made by that Parliament" to be of force. Practitioners should check whether the State’s own Constitution Act or other legislation prescribes special majorities, referenda, notice requirements or other procedural steps. Document and follow any required manner and form strictly to avoid a validity challenge.
For Governors and Premiers. Exercise of royal powers in respect of a State is framed by Schedule s7. The Governor remains Her Majesty’s representative (s7(1)); the Governor is the instrument by which the Crown’s powers are exercised in the State (s7(2)); appointment and termination of appointment are excluded from that limitation (s7(3)); if Her Majesty is personally present she may exercise powers (s7(4)); and advice to Her Majesty in relation to those powers is to be tendered by the Premier (s7(5)). Administratively, State executives should ensure that advice pathways and records are maintained consistent with these duties, and that Governors’ assent processes are properly documented, since Schedule s8 makes protection from disallowance and suspension contingent on assent.
For State executives and legal advisers considering external relations. Note the limitation. Schedule s2(2) preserves that nothing confers on a State capacity to engage in relations with countries outside Australia. Drafters should avoid legislative or executive actions purporting to create foreign relation capacities; instead coordinate with Commonwealth foreign affairs mechanisms.
For courts and litigators. Understand transitional appeals and definitions. Schedule s11 abolishes appeals to Her Majesty in Council subject to transitional exceptions in s11(4). Counsel should determine whether an appeal was instituted or leave granted prior to commencement and whether the appeal is preserved. Be attentive to the definition of "Australian court" in Schedule s16 which excludes the High Court; check which appeals are affected in any given matter.
For Commonwealth legislative drafters contemplating repeal or amendment of these instruments. Observe the special procedure. Schedule s15 prescribes that repeal or amendment of this Act or the Statute of Westminster as part of Australian law generally requires an Act of the Commonwealth Parliament passed at the request or with the concurrence of the Parliaments of all the States, subject to constitutional amendment under section 128. Drafting a repeal or amendment should therefore include mechanisms for obtaining the requisite State concurrence and for documenting requests from State Parliaments; counsel should also consider whether the intended effect could be achieved by a repugnant Commonwealth Act which, per Schedule s15(2), is to be treated as a repeal or amendment to the extent of repugnancy.
For private sector entities operating across States. Monitor State law divergence. Because Schedule s2 and s3 remove prior Imperial constraints on State law and empower States to legislate with extra‑territorial effect, entities should track State‑by‑State legislative change and ensure contracts and compliance programmes are adaptable to differing State regulatory environments. This is a practical consequence of the Schedule’s reallocation of legislative competence.
For legal drafters and counsel advising on State law validity. Use constitutional checks. Although the Schedule removes repugnancy to English law as a ground of invalidity for State laws made after commencement (Schedule s3(2)), Schedule s5 preserves that State laws cannot be given effect if repugnant to the Commonwealth Constitution or to the Commonwealth of Australia Constitution Act and the Statute of Westminster in force. Advice on validity requires analysis of the Commonwealth Constitution and any relevant implied limits or express clauses.
For those dealing with State constitutions of Queensland and Western Australia. Review textual amendments. Schedule ss13-14 make specified textual deletions in those Constitution Acts. Check how amending instruments and sealed forms are to be processed to ensure continued conformance with State practice.
For record‑keeping and transitional planning. Track commencement dates. The domestic 1985 Act comes into operation on Royal Assent (s2 of the 1985 Act), whereas the Schedule’s UK Act carries its own commencement mechanism (Schedule s17). Administrations should maintain clear timelines about when specific features become operational and whether appeals or proceedings are caught by transitional exceptions (Schedule s11(4)).
In all cases, compliance is primarily about adhering to constitutional form, manner and procedure. The Schedule confers powers and removes imperial remedies; compliance therefore centres on ensuring legislative and executive actions are taken in the prescribed manner and do not conflict with preserved constitutional limits.