Australia Act 1986 | |
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Parliament of Australia | |
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Citation | Australia Act 1986 (Cth) |
Enacted by | Parliament of Australia |
Royal assent | 4 December 1985 |
Commenced | 3 March 1986 |
Status: Current legislation |
Act of Parliament | |
Long title | An Act to give effect to a request by the Parliament and Government of the Commonwealth of Australia |
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Citation | 1986 c. 2 |
Dates | |
Royal assent | 17 February 1986 |
Commencement | 3 March 1986 |
Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended |
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The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an act of the Parliament of Australia, the other an act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth)[n 1] and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling acts passed by the parliaments of every Australian state. The acts came into effect simultaneously, on 3 March 1986.
According to the long title of the Australian act, its purpose was "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 Australia Act (Cth and UK) eliminated the remaining possibilities for the United Kingdom to legislate with effect in Australia, for the UK to be involved in Australian government, and for an appeal from any Australian court to a British court.[n 2] This act formally severed all legal ties between Australia and the United Kingdom.
At the time, the Commonwealth, state and UK acts were known as the "Australia Acts". However, in discussions of contemporary law (as opposed to legal history), the state Acts have performed their function, and thus the expression "Australia Act(s)" refers only to the Commonwealth and UK Acts.
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