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The Australia Acts 1986 : Australia's statutes of independence / Anne Twomey.
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Title:The Australia Acts 1986 : Australia's statutes of independence / Anne Twomey.
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Author/Creator:Twomey, Anne.
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Published/Created:Annandale, N.S.W. : Federation Press, 2010.
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Holdings
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KU1750 .T87 2010
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Australia. Australia Act 1986.
Great Britain. Australia Act 1986.
Constitutional law--Australia.
Law--Australia.
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Description:xxii, 490 p. ; 25 cm.
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Notes:Includes bibliographical references and index.
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ISBN:9781862878075 (hbk.)
1862878072 (hbk.)
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Contents:Machine generated contents note: 1. Australia Acts 1986 and Australia's Independence
2. Colonial Limits and the Statute of Westminster
Colonial limits on legislative power
Reception of English law
Colonial Laws Validity Act 1865 - Repugnancy
Extra-territoriality
Colonial limits on executive power
Appointment, recall and instruction of vice-regal representatives
Reservation of Bills for Royal Assent
Disallowance of colonial laws
Colonial limitations on prerogative powers with respect to external affairs
Imperial Conferences 1923-1930 - Removal of colonial limits on executive power
Statute of Westminster
Background to the Statute of Westminster
Application of the Statute of Westminster to the Commonwealth
participation of the States in the application of the Statute of Westminster
Provisions of the Statute of Westminster that affected the States
requested clause that was not included in the Statute of Westminster
requirement of consultation with the States before the adoption of the Statute of Westminster
Commonwealth legislative power to amend or repeal Imperial laws of paramount force applying to the States
Kirmani case
3. Negotiation of the Australia Acts 1986
background to the Australia Acts 1986
United Kingdom initiative to repeal Imperial laws applying to the States
Early inter-governmental efforts to sever residual links with the United Kingdom
Whitlam Government and the termination of residual links
British attempts after Whitlam to encourage the termination of links
resumption of State efforts to terminate residual links
Residual Links Project - The negotiation of the Australia Acts
resumption of work on residual links - The manoeuvres of 1979-1980
Western Australian proposal of 1981
Commonwealth's compromise proposal of 1981
New South Wales proposal of 1982
Premiers' Conferences of 1982
drafting of the Australia Acts in 1982
British Government intervenes in 1982
`post-box' solution of 1983
proposals involving the Governor-General
States seek direct access to the Queen in 1983
impasse is broken in late 1983
Queensland and Tasmania wobble
Honours
State negotiations with the British Government
need to advise the Queen
Kirmani case and the need for speed
Final negotiations with Buckingham Palace
Conclusion
4. Commentary on the Provisions of the Australia Acts
Long title
Drafting history
Operation and interpretation
Preamble
Drafting history
Operation and interpretation
Section 1 Termination of power of Parliament of United Kingdom to legislate for Australia
Background
Drafting history
Operation and interpretation
Section 2 Legislative powers of Parliaments of States
Background to s 2(1) - Extra-territorial laws
Background to s 2(2) - Legislative power of States
Drafting history - Section 2(1)
Drafting history - Section 2(2)
Operation and interpretation of s 2(1)
Operation and interpretation of s 2(2)
Section 3 Termination of restrictions on legislative powers of Parliaments of States
Background
Drafting history
Operation and interpretation
Section 4 Powers of State Parliaments in relation to merchant shipping
Background
Drafting history
Operation and interpretation
Section 5 Commonwealth Constitution, Constitution Act and Statute of Westminster not affected
Background
Drafting history
Operation and interpretation
Section 6 Manner and form of making certain State laws
Background
Drafting history
Operation and interpretation
Section 7 Powers and functions of Her Majesty and Governors in respect of States
Background and general drafting history
Section 7(1)
Section 7(2)
Section 7(3)
Section 7(4)
Section 7(5)
Section 8 State laws not subject to disallowance or suspension of operation
Background
Drafting history
Operation and interpretation
Section 9 State laws not subject to withholding of assent or reservation
Background
Drafting history
Operation and interpretation
Section 10 Termination of responsibility of United Kingdom Government in relation to State matters
Background
Drafting history
Operation and interpretation
Section 11 Termination of appeals to Her Majesty in Council
Background
Drafting history
Operation and interpretation
Section 12 Amendment of Statute of Westminster
Background
Drafting history
Operation and interpretation
Sections 13 and 14 Amendment of the Constitution Acts of Queensland and Western Australia
Background
Drafting history
Operation and interpretation
Section 15 Method of repeal or amendment of this Act or Statute of Westminster
Background
Drafting history
Operation and interpretation
Section 16 Interpretation
Drafting history
Section 17 Short Title and Commencement
Drafting history
Prospective and retrospective operation of the Australia Acts
Retrospective validation of invalid provisions
Invalidity due to lack of power v invalidity due to procedural defects
invalidation of previously valid provisions
extent of retrospective validation
retrospective validation of procedural defects in Yougarla
Honours
Background
Negotiation history
Operation and interpretation
Royal Charters
use of the prefix `Royal', Royal patronage etc
5. Validity of the Australia Acts 1986
procedure for the enactment of the Australia Acts
power to enact the Australia Acts 1986
power to enact the State `Request Acts'
power to enact the Australia Act 1986 (UK)
power to enact the Australia Act 1986 (Cth)
Was the enactment of both Australia Acts necessary and do they both remain binding on Australian courts?
Views on the necessity for the enactment of each Act
necessity for the enactment of the Australia Act 1986 (UK)
continuing status of the Australia Act 1986 (UK)
Australia Acts and popular sovereignty
6. Monarch and the Australia Acts
Monarch
Identifying the monarch - The law of succession
Regency, Councils of State and the Australian States
Power of the States to legislate concerning succession
United Kingdom legislation changing the law of succession
Commonwealth legislation changing the law of succession
Identifying the correct manifestation of a divisible Crown
Royal style and titles
application of the Royal Style and Titles Act 1973 to the States
Queen's title within the States
divisibility of the Crown in relation to Australia 1930-1986
Is the monarch Queen of each State?
Australia Acts and the Queen of Australia
Conclusion.