An Act 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
Citation
Australia Act 1986 (Cth)
Enacted by
Parliament of Australia
Royal assent
4 December 1985
Commenced
3 March 1986
Status: Current legislation
United Kingdom legislation
Australia Act 1986
Act of Parliament
Parliament of the United Kingdom
Long title
An Act to give effect to a request by the Parliament and Government of the Commonwealth of Australia
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Text of statute as originally enacted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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Photo of the Australia Act 1986 (United Kingdom) document located in Parliament House, Canberra
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 except for the monarchy.
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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