Australia Act 1986

Australia Act 1986
Short title	Australia Act 1986
Long title	An Act to bring constitutional arrangements affecting the Commonwealth and the States into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation
Citation	No. 142 of 1985 (Cth)
Territorial extent	Commonwealth of Australia
Enacted by	Parliament of Australia
Date enacted	4 December 1985
Royal assent	4 December 1985
Commencement	3 March 1986
Related legislation	Australia Act 1986 (UK), Statute of Westminster 1931
Status	In force

Australia Act 1986. The Australia Act 1986 is a pivotal piece of legislation that severed the last remaining constitutional links between Australia and the United Kingdom. It was enacted simultaneously by the Parliament of Australia and the Parliament of the United Kingdom, coming into force on 3 March 1986. The Act eliminated the powers of the British Parliament to legislate for Australia and terminated the remaining avenues of appeal from Australian courts to the Judicial Committee of the Privy Council.

Background and historical context

The path to the Australia Act 1986 was a long constitutional evolution stemming from the Federation of Australia in 1901. Despite gaining dominion status, Australia's constitutional framework, the Constitution of Australia, remained an act of the British Parliament via the Commonwealth of Australia Constitution Act 1900. The Statute of Westminster 1931 granted legislative independence but was not adopted by Australia until the Statute of Westminster Adoption Act 1942. Even after this, residual colonial-era ties persisted, allowing appeals from state supreme courts to the Privy Council and retaining theoretical powers for the British Parliament to legislate for the states. Decades of discussion, including the 1982 Premiers' Conference, culminated in a unanimous agreement among the Government of Australia and all state governments to finalize this independence.

Legislative provisions and key features

The Act's core provisions are designed to assert full Australian sovereignty. It states that no future act of the Parliament of the United Kingdom shall extend to Australia or its states as part of Australian law. It terminated all appeals from Australian courts, including state Supreme Courts, to the Judicial Committee of the Privy Council. The Act also altered the rules concerning state governors, removing the requirement for them to be appointed by the Monarch on UK ministerial advice and instead having them appointed by the Governor-General on advice from state premiers. Furthermore, it gave state parliaments full power to legislate with extra-territorial effect.

Passage and enactment

The passage of the Australia Act 1986 was a unique cooperative process. Identical bills were passed by the Parliament of Australia and the Parliament of the United Kingdom. The Australian version was introduced by the Hawke Government, specifically the Attorney-General Lionel Bowen. It received Royal Assent from Queen Elizabeth II in Canberra on 4 December 1985. The UK version, the Australia Act 1986 (UK), was passed at the request of the Australian government and received royal assent in London on 17 February 1986. A proclamation by the Governor-General, Sir Ninian Stephen, set the commencement date for both acts as 3 March 1986.

Constitutional significance and impact

The Act is considered the final step in Australia's journey to full legal and constitutional independence. It resolved the anomalous situation where the Constitution of Australia could still technically be amended by the British Parliament. By removing the Privy Council as a final court of appeal, it cemented the High Court of Australia as the ultimate judicial authority on all Australian law. This solidified Australia's status as a sovereign nation under the Crown in right of Australia, a distinct legal entity from the Crown in right of the United Kingdom. The Act is often described as the "birth certificate" of the modern Australian nation.

Relationship to the Statute of Westminster

The Australia Act 1986 completed the work begun by the Statute of Westminster 1931. While the Statute of Westminster Adoption Act 1942 had freed the Commonwealth government from UK legislative control, it did not apply to the Australian states. The Australia Act 1986 extended this independence to the state level, finally making the Statute of Westminster fully effective across all of Australia. It rendered obsolete sections of the Statute of Westminster 1931 that had preserved certain UK powers relating to the states, thereby creating a uniform and fully independent constitutional framework for the entire federation.

Judicial interpretation and legal effects

The High Court of Australia has affirmed the fundamental importance of the Act in several key cases. In *Sue v Hill* (1999), the Court held that the UK was now a "foreign power" under the Constitution of Australia. In *Attorney-General (WA) v Marquet* (2003), the Court confirmed that the Act had terminated any capacity for the British Parliament to legislate for Western Australia. The Act's termination of Privy Council appeals was held to be retrospective in its effect in *Kable v Director of Public Prosecutions (NSW)* (1996). These rulings have entrenched the Act as a foundational pillar of the Australian legal system, defining the scope of parliamentary power and the finality of the Australian judiciary.

Category:1986 in Australian law Category:Australian constitutional law Category:United Kingdom Acts of Parliament concerning Australia