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• Title:The Australia Acts 1986 : Australia's statutes of independence / Anne Twomey.
  
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• Author/Creator:Twomey, Anne.
  
• Published/Created:Annandale, N.S.W. : Federation Press, 2010.
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KU1750 .T87 2010
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Australia. Australia Act 1986.
  Great Britain. Australia Act 1986.
  Constitutional law--Australia.
  Law--Australia.
  
• Description:xxii, 490 p. ; 25 cm.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9781862878075 (hbk.)
  1862878072 (hbk.)
  
• 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.