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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Constitution (Requests) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 3
2. Commencement 3
3. Request for Commonwealth legislation 3
__________________
SCHEDULE 4
NOTES 6
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PARLIAMENT OF VICTORIA
A BILL
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.
Constitution (Requests) Act 1999
Preamble
(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--
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Constitution (Requests) Act 1999
Preamble
Act No.
(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 Parliament of all the States and,
subject to section 15(3) of each of those Acts, only in that
manner.
(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 sub-clause (4); and
(ii) section 51(xxxviii) of the Constitution of the
Commonwealth of Australia--
should enact an Act in the terms of the Schedule.
The Parliament of Victoria therefore enacts as follows:
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Constitution (Requests) Act 1999
s. 1
Act No.
1. Purpose
The purpose of this Act is to request the
amendment of the Statute of Westminster 1931 of
the Parliament of the United Kingdom and the
5 Commonwealth of Australia Constitution Act of
that Parliament in connection with proposed
constitutional arrangements to establish the
Commonwealth of Australia as a republic.
2. Commencement
10 This Act comes into operation on the day after the
day on which the Constitution Alteration
(Establishment of Republic) 1999 of the
Commonwealth receives the Royal Assent.
3. Request for Commonwealth legislation
15 The 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 the
Schedule.
__________________
20
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532210B.I1-25/5/99
Constitution (Requests) Act 1999
Sch.
Act No.
SCHEDULE
An Act to amend the Statute of Westminster of the Parliament of the
United Kingdom and the Commonwealth of Australia Constitution Act
of that Parliament
5 The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Commonwealth of Australia
Constitution Act Amendment Act 1999.
2 Commencement
10 (1) This Act commences on a day to be fixed by Proclamation.
(2) That day must not be before the day on which the
Constitution Alteration (Establishment of Republic) 1999
receives the Royal Assent.
3 Schedule(s)
15 Each Act that is specified in a Schedule to this Act is
amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this
Act has effect according to its terms.
_______________
20
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Constitution (Requests) Act 1999
Sch.
Act No.
SCHEDULE 1--Statute of Westminster 1931 of the Parliament of the
United Kingdom
1. Amendment of Imperial Act
The Statute of Westminster 1931 of the Parliament of the United
5 Kingdom is amended as set out in this Schedule, so far as that Act is
part of the law of Australia or of an external Territory.
2. At the end of section 8
Add:
Nothing in this section prevents the amendment of the
10 Commonwealth of Australia Constitution Act by omitting the
Preamble or by repealing sections 2 to 8.
SCHEDULE 2--Commonwealth of Australia Constitution Act of the
Parliament of the United Kingdom
1. Amendment of Imperial Act
15 The Commonwealth of Australia Constitution Act of the Parliament of
the United Kingdom is amended as set out in this Schedule, so far as
that Act is part of the law of Australia or of an external Territory.
2. Preamble
Omit the Preamble.
20 3. Sections 2, 3, 4, 5, 6, 7 and 8
Repeal the sections.
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Constitution (Requests) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Constitution (Requests) Act 1999
Act No.
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532210B.I1-25/5/99
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