FOR MEDIA 16 August 1985
With the agreement of Her Majesty The Queen, the Commonwealth
and the United Kingdom Governments, and the Governments of all
Australian States, the way has been opened for the major
historical step of severing remaining constitutional links
between Australia and the United Kingdom.
The Australian Government and the Governments of all the
Australian States have held extensive consultations over a number
of years with a view to removing the outmoded links between
Australia and the United Kingdom parliamentary, government and
judicial systems.
The agreement reflects Australia's status as an independent and
sovereign nation.
The Queen's position as the Australian Head of State remains
unchanged. Major elements of the package include:
* an end to appeals from Australian courts of law to the Privy
Council, making the High Court of Australia the final court of
appeal for all Australian courts
* an end to the powers of the United Kingdom Parliament and
Government with respect to the States
* an end to United Kingdom legislation still restricting the
legislative powers of the States
A complete list of the proposals is attached.
Spec ial arrangements will apply in relation to State Governors and
recommendations for imperial honours, so that United Kingdom
Ministers will no longer advise the Queen:
* The proposed legislation will establish a new constitutional
principle by allowing the Premiers to advise the Queen directly
on the appointment and dismissal of Governors. The present
anachronistic requirement for advice from United Kingdom
Ministers will cease.
* Honours are the perso nal prerogative of the Queen and are
therefore not affected by the legislation. However, an
arrangement will apply whereby any Government wishing to
continue to recommend imperial honours may do so directly to
the Queen
All other powers in respect of the State which are formally
vested in the Queen will be exercised by the State Governor.
ibowever, when the Queen is present in a State and there is
mutual and prior agreement between the Queen and the Premier
that it would be appropriate for her to exercise any of those
powers, the legislation will enable this. All States have
indicated their understanding that on such occasions mutual and
prior agreement is a necessary and important ingredient of any
such arrangements.
These matters have been resolved in a manner which will preserve
the authority of the respective State Governments within their
constitutional limits.
The Queen has been pleased. to agree to the arranae7rents which
directly affect her.
The measures for implementing the package will be as follows:
* the States will pass Acts requesting the Commonwealth and
United Kingdom Parliaments to enact the legislation severing
the residual links.
* the Commonwealth Parliament will then pass an ' Australia Act'
severing residual links to the extent of its powers and a
second Act requesting the United Kingdom Parliament to pass
mirror legislation.
* the United Kingdom Parliament will then pass an ' Australia Act'
in the same terms as the Australia Act.
* the Australia Acts of the Commonwealth and United Kingdom
Parliaments will be proclaimed to come into effect at the same
t ime.
These steps are required by the provisions of the Constitution and
the Statute of Westminster.
The proposals have the support of the Federal Opposition and all
State Governments Labor, Liberal and National Party hive
agreed to them.
It is pleasing that this coming-of-age of Australia's
constitutional development has been achieved by the co-operative
efforts of the governments in Canberra, London and each of the
States.
ATTACHMENT
Residual Constitutional Links
The constitutional links that the legislation seeks to end are
these: Judicial Appeals to the Privy Council from State Courts.
Legislative Power of United Kingdom Parliament to legislate to
affect the Commonwealth and the States.
Implied limitations on powers of State Parliaments.
Colonial Laws Validity Act and " repugnancy" rule ( Acts
of a State inconsistent with United Kingdom laws
extending to the States are invalid to that extent).
merchant Shipping Act ( limitations on State powers to
regulate merchant shipping).
Queen's power to withhold assent from, or disallow,
State laws on the advice of United Kingdom Ministers.
Executive Residual executive responsibilities of United Kingdom
Government with respect to a State, which derived from
the States' former status as colonies; for example, the
need for a Premier to provide advice on appointment of
Governors to the Queen through United Kingdom Ministers.
Other sections of the bills will deal with:
assigning to the State Governors the powers and
functions of the Queen ( both prerogative and statutory)
with respect to the States, other than the power to
appoint and dismiss State Governors
the appointment and dismissal of State Governors by the
Queen on the advice of the Premiers
the future application of the Statute of Westminster and
the manner and form of future laws amending State
Constitutions.
Further sections will directly amend the Constitutions of Western
Australia and Queensland, to remove some provisions concerning
State Governors which are inconsistent with the new agreement and
the Australia Acts.