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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Australia Acts (Request) Bill 1999
CONTENTS
1. Short title 3
2. Commencement 3
3. Request for amendment of Australia Acts of 1986 3
Schedule -- Requested Commonwealth Act
1. Short title 4
2. Commencement 4
3. Schedules 4
Schedule 1 -- Australia Act 1986 of the Commonwealth 5
Schedule 2 -- Australia Act 1986 of the Parliament of the
United Kingdom 5
page i
93--1
Western Australia
LEGISLATIVE COUNCIL
Australia Acts (Request) Bill 1999
A Bill for
An Act to request the amendment of the Australia Acts of 1986 in
connection with proposed constitutional arrangements to establish
the Commonwealth of Australia as a republic.
Reasons for enacting this Act
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.
page 1
Australia Acts (Request) Bill 1999
3. If the proposed law is approved by the Australian people, it is
desirable that the Australia Act 1986 of the Commonwealth and the
Australia Act 1986 of the Parliament of the United Kingdom be
amended to remove any impediment to the alteration by a State of
its laws relating to the powers and functions of Her Majesty and the
Governor in respect of the State.
4. Section 15(1) of each of the Australia Acts provides for the
amendment of each of those Acts 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.
The Parliament of Western Australia enacts as follows:
page 2
Australia Acts (Request) Bill 1999
s. 1
1. Short title
This Act may be cited as the Australia Acts (Request) Act 1999.
2. Commencement
This Act comes into operation on the day after the day on which
5 the Constitution Alteration (Establishment of Republic) 1999 of
the Commonwealth receives the Royal Assent.
3. Request for amendment of Australia Acts of 1986
The Parliament of the State requests the enactment by the
Parliament of the Commonwealth of an Act in, or substantially
10 in, the terms set out in the Schedule.
page 3
Australia Acts (Request) Bill 1999
Schedule Requested Commonwealth Act
Schedule -- Requested Commonwealth Act
[s. 3]
An Act to amend section 7 of the Australia Act 1986 of the Commonwealth
and section 7 of the Australia Act 1986 of the Parliament of the United
Kingdom.
The Parliament of Australia enacts:
1. Short title
This Act may be cited as the Australia Acts Amendment Act 1999.
5 2. Commencement
(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.
10 3. Schedules
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.
page 4
Australia Acts (Request) Bill 1999
Requested Commonwealth Act Schedule
Schedule 1 -- Australia Act 1986 of the Commonwealth
1. At the end of section 7
Add:
(6) The Parliament of a State may make a law providing that the
5 preceding sub-sections do not apply to the State.
(7) Upon the coming into effect in a State of a law referred to in
sub-section (6), this section ceases to apply to the State as
provided by that law.
Schedule 2 -- Australia Act 1986 of the Parliament of the
10 United Kingdom
1. Amendment of Imperial Act
The Australia Act 1986 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.
15 2. At the end of section 7
Add:
(6) The Parliament of a State may make a law providing that the
preceding sub-sections do not apply to the State.
(7) Upon the coming into effect in a State of a law referred to in
20 sub-section (6), this section ceases to apply to the State as
provided by that law.
page 5
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