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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CONSTITUTION
(REQUESTS) BILL 1999
Queensland
CONSTITUTION (REQUESTS) BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Request for Commonwealth legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1999
A BILL
FOR
An Act to request the amendment of the Statute of Westminster 1931
of the Parliament of the United Kingdom and the
Commonwealth of Australia Constitution Act of that Parliament
in connection with proposed constitutional arrangements to
establish the Commonwealth of Australia as a republic
4
Constitution (Requests)
Preamble--
Parliament's reasons for enacting this Act are--
1. The Government of the Commonwealth proposes to introduce a Bill
for a proposed law to alter the Constitution of the Commonwealth to
establish the Commonwealth of Australia as a republic with a President
chosen by a two-thirds majority of the members of the Commonwealth
Parliament.
2. If passed by an absolute majority of each House of the Parliament, the
proposed law will be put to the Australian people at a constitutional
referendum in accordance with section 128 of the Constitution of the
Commonwealth.
3. If the proposed law is approved by the Australian people, it is desirable
that--
(a) the Statute of Westminster 1931 of the Parliament of the United
Kingdom be amended to remove any impediment to the
amendment of the Commonwealth of Australia Constitution Act
of that Parliament by omitting the Preamble and repealing
covering clauses 2 to 8; and
(b) the Commonwealth of Australia Constitution Act of that
Parliament be amended by omitting the Preamble and repealing
those covering clauses.
4. Section 15(1) of each of the Australia Act 1986 of the Commonwealth
and the Australia Act 1986 of the Parliament of the United Kingdom
provides for the amendment of the Statute of Westminster 1931 of the
Parliament of the United Kingdom 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 section 15(3) of each of those
Acts, only in that manner.
5
Constitution (Requests)
5. By reason of section 2(2) of the Statute of Westminster 1931 of the
Parliament of the United Kingdom, the powers of the Parliament of the
Commonwealth of Australia include the power to repeal or amend an Act of
the Parliament of the United Kingdom in so far as it is part of the law of the
Commonwealth.
6. It is intended that the Parliament of the Commonwealth--
(a) in pursuance of the powers conferred by section 2(2) of the
Statute of Westminster 1931 of the Parliament of the United
Kingdom; and
(b) at the request of the Parliaments of the States in pursuance of--
(i) section 15(1) of each of the Australia Acts mentioned in
provision 4 of this Preamble; and
(ii) section 51(xxxviii) of the Constitution of the
Commonwealth of Australia--
should enact an Act in the terms of the schedule.
s1 6 s4
Constitution (Requests)
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Constitution (Requests) Act 1999. 3
4
Commencement
2. This Act commences on the day after the day on which the 5
Constitution Alteration (Establishment of Republic) 1999 of the 6
Commonwealth receives the Royal Assent. 7
urpose 8
P
3. The purpose of this Act is to request the amendment of the Statute of 9
Westminster 1931 of the Parliament of the United Kingdom and the 10
Commonwealth of Australia Constitution Act of that Parliament in 11
connection with proposed constitutional arrangements to establish the 12
Commonwealth of Australia as a republic. 13
for Commonwealth legislation 14
Request
4. The Parliament of the State requests the enactment by the Parliament 15
of the Commonwealth of an Act in, or substantially in, the terms set out in 16
the schedule. 17
18
7
Constitution (Requests)
CHEDULE 1
S
An Act to amend the Statute of Westminster of the Parliament of the 2
United Kingdom and the Commonwealth of Australia Constitution 3
Act of that Parliament 4
The Parliament of Australia enacts: 5
1 Short title 6
This Act may be cited as the Commonwealth of Australia 7
Constitution Act Amendment Act 1999. 8
2 Commencement 9
(1) This Act commences on a day to be fixed by 10
Proclamation. 11
(2) That day must not be before the day on which 12
the Constitution Alteration (Establishment of 13
Republic) 1999 receives the Royal Assent. 14
3 Schedule(s) 15
Each Act that is specified in a Schedule to this Act is 16
amended or repealed as set out in the applicable items in 17
the Schedule concerned, and any other item in a Schedule 18
to this Act has effect according to its terms. 19
20
8
Constitution (Requests)
SCHEDULE 1--Statute of Westminster 1931 of the Parliament of the 1
United Kingdom 2
1. Amendment of Imperial Act 3
The Statute of Westminster 1931 of the Parliament of the United 4
Kingdom is amended as set out in this Schedule, so far as that Act is 5
part of the law of Australia or of an external Territory. 6
2. At the end of section 8 7
Add: 8
Nothing in this section prevents the amendment of the 9
Commonwealth of Australia Constitution Act by omitting 10
the Preamble or by repealing sections 2 to 8. 11
12
SCHEDULE 2--Commonwealth of Australia Constitution Act of th e 13
Parliament of the United Kingdom 14
1. Amendment of Imperial Act 15
The Commonwealth of Australia Constitution Act of the Parliament 16
of the United Kingdom is amended as set out in this Schedule, so 17
far as that Act is part of the law of Australia or of an external 18
Territory. 19
2. Preamble 20
Omit the Preamble. 21
3. Sections 2, 3, 4, 5, 6, 7 and 8 22
Repeal the sections. 23
© State of Queensland 1999
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