Victorian Consolidated Legislation

Constitutional Powers (Request) Act 1980 - SCHEDULE

AN ACT To remove certain Restrictions on the exercise of Legislative Power by
the Parliament of Victoria. WHEREAS, in pursuance of paragraph (xxxviii) of
section 51 of the Constitution of the Commonwealth, the Parliament of Victoria
has, by the Constitutional Powers (Request) Act 1980 of that Parliament,
requested the Parliament of the Commonwealth to enact an Act in or
substantially in the terms of this Act: BE IT THEREFORE ENACTED by the Queen,
and the Senate and House of Representatives of the Commonwealth of Australia,
as follows:
1. Short title This Act may be cited as the State Powers (Victoria) Act 1980.
2. Commencement This Act shall come into operation on the day on which it
receives the Royal Assent.
3. Interpretation In this Act- "the Colonial Laws Validity Act" means the Act
of the Parliament of the United Kingdom known as The Colonial Laws Validity
Act, 1865; "the Parliament of the United Kingdom" includes any Parliament that
at any time has or had general power to enact laws having force in England;
"the State" means Victoria.
4. State laws repugnant to Imperial Acts or law of England

(1) Notwithstanding sections 2 and 3 of the Colonial Laws Validity Act and any
principle or rule of the common law but subject to this section, no law and no
provision of any law made after the commencement of this Act by the Parliament
of the State shall be void or inoperative on the ground that or shall be
affected in its operation by reason that it is repugnant to the provisions of
any existing or future Act of the Parliament of the United Kingdom, or to any
order, rule or regulation made under any such Act, and the powers of the
Parliament of the State shall include the power to repeal or amend any such
Act, order, rule or regulation in so far as the same is part of the law of the
State.

(2) Sub-section (1) of this section does not affect the continued operation of
section 3 of the Colonial Laws Validity Act in so far as that section has the
effect that a law of the State is not to be or to be deemed to have been void
or inoperative on the ground of repugnancy to the law of England other than
repugnancy of the kind referred to in sub-section (1) of this section.

(3) Sub-section (1) of this section does not operate so as to give any force
or effect to-

   (a)  a provision of an Act of the Parliament of the State that would
        abrogate or affect the operation of section 5 of the Colonial Laws
        Validity Act in so far as that section requires an Act of the
        Parliament of the State respecting the constitution, powers or
        procedure of that Parliament to be passed in such manner and form as
        may from time to time be required by any Act of that Parliament for
        the time being in force in the State; or

   (b)  a provision of an Act of the Parliament of the State that would repeal
        or amend, or be repugnant to, the Commonwealth of Australia
        Constitution Act, the Constitution of the Commonwealth or the Act of
        the Parliament of the United Kingdom known as the Statute of
        Westminster, 1931. ---------------