Queensland Consolidated Acts Queensland Consolidated ActsSTATUTE OF WESTMINSTER ADOPTION ACT 1942 (COMMONWEALTH) - Reprint as in force on 24 March 1995Queensland
Queensland STATUTE OF WESTMINSTER ADOPTION ACT 1942 (COMMONWEALTH) STATUTE OF WESTMINSTER 1931 (IMPERIAL) Reprinted as in force on 24 March 1995 Reprint No. 1 These reprints are authorised by the Office of the Queensland Parliamentary Counsel Warning--This reprint is not an authorised copyQueensland STATUTE OF WESTMINSTER ADOPTION ACT 1942 (COMMONWEALTH) Reprinted as in force on 24 March 1995 (Act not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning--This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 24 March 1995. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to-- * update citations and references (pt 4, div 2) * use standard punctuation consistent with current drafting practice (s-27) * use expressions consistent with current drafting practice (s-29) * insert references to schedule, appendix or body of law (s 33B) * relocate marginal or cite notes (s 34) * use aspects of format and printing style consistent with current drafting practice (s 35) * omit provisions that are no longer required (s 39) * omit unnecessary referential words (s 41). See Endnotes for information about-- * when provisions commenced * editorial changes made in the reprint including Table of obsolete and redundant provisions. Queensland STATUTE OF WESTMINSTER ADOPTION ACT 1942 (COMMONWEALTH) TABLE OF PROVISIONS ENDNOTES '1 Index to Endnotes Page 2 Date to which amendments incorporated 6 3 List of legislation 6 4 Table of obsolete and redundant provisions 6 '2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Statute of Westminster Adoption Act 1942 (Commonwealth) may be made in accordance with this reprint under the Reprints Act 1992, section 49. '3 List of legislation Statute of Westminster Adoption Act 1942 No. 56 (Commonwealth) date of assent 9 October 1942 commenced on date of assent '4 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provisionProvision making omitted provision obsolete/redundantreferences to CommonwealthActs Interpretation Act 1954 s 36 def "Commonwealth" Queensland STATUTE OF WESTMINSTER 1931 (IMPERIAL) Reprinted as in force on 24 March 1995 (includes amendments up to Act No. 69 of 1985) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning--This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 24 March 1995. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made--see List of legislation and List of annotations in Endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to-- * update citations and references (pt 4, div 2) * update references (pt 4, div 3) * use standard punctuation consistent with current drafting practice (s-27) * use expressions consistent with current drafting practice (s-29) * use appropriate names for instruments and provision units (s 32) * use aspects of format and printing style consistent with current drafting practice (s 35) * omit unnecessary referential words (s 41) * omit the enacting words (s 42A). Also see Endnotes for information about-- * when provisions commenced * editorial changes made in the reprint including Table of changed names and titles. Queensland STATUTE OF WESTMINSTER 1931 (IMPERIAL) TABLE OF PROVISIONS Section Page 1 Meaning of "Dominion" in this Act 4 2 Validity of laws made by Parliament of a Dominion 4 3 Power of Parliament of Dominion to legislate extraterritorially 4 5 Powers of Dominion Parliaments in relation to merchant shipping 4 6 Powers of Dominion Parliaments in relation to Courts of Admiralty 5 7 Saving for British North America Acts and application of the Act to Canada 5 8 Saving for Constitution Acts of Australia and New Zealand 5 9 Saving with respect to States of Australia 6 10 Certain sections of Act not to apply to Australia, New Zealand or Newfoundland unless adopted 6 11 Meaning of "colony" in future Acts 6 12 Short title 6 ENDNOTES 1 Index to Endnotes 7 2 Date to which amendments incorporated 7 3 List of legislation 7 4 List of annotations 8 5 Table of changed names and titles 8 STATUTE OF WESTMINSTER 1931 (IMPERIAL) [as amended by all amendments that commenced on or before 24 March 1995] An Act to give effect to certain resolutions passed by Imperial conferences held in the years 1926 and 1930 Whereas the delegates of His Majesty's Governments in the United Kingdom, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland, at Imperial conferences holden at Westminster in the years of our Lord 1926 and 1930 did concur in making the declarations and resolutions set forth in the reports of the said conferences. And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom. And whereas it is in accord with the established constitutional position that no law hereafter made by the Parliament of the United Kingdom shall extend to any of the said Dominions as part of the law of that Dominion otherwise than at the request and with the consent of that Dominion. And whereas it is necessary for the ratifying, confirming and establishing of certain of the said declarations and resolutions of the said conferences that a law be made and enacted in due form by authority of the Parliament of the United Kingdom. And whereas the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland have severally requested and consented to the submission of a measure to the Parliament of the United Kingdom for making such provision with regard to the matters aforesaid as is hereafter in this Act contained. Meaning of "Dominion" in this Act 1. In this Act-- "Dominion" means any of the following dominions, that is to say, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Irish Free State and Newfoundland. Validity of laws made by Parliament of a Dominion 2.(1) The Colonial Laws Validity Act 1865 shall not apply to any law made after the commencement of this Act by the Parliament of a Dominion. (2) No law and no provision of any law made after the commencement of this Act by the Parliament of a Dominion shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order, rule or regulation made under any such Act, and the powers of the Parliament of a Dominion shall include the power to repeal or amend any such Act, order, rule or regulation in so far as the same is part of the law of the Dominion. Power of Parliament of Dominion to legislate extraterritorially 3. It is hereby declared and enacted that the Parliament of a Dominion has full power to make laws having extraterritorial operation. Powers of Dominion Parliaments in relation to merchant shipping 5. Without prejudice to the generality of sections 1 to 3, sections 735 and 736 of the Merchant Shipping Act 1894, shall be construed as though reference therein to the legislature of a British possession did not include reference to the Parliament of a Dominion. Powers of Dominion Parliaments in relation to Courts of Admiralty 6. Without prejudice to the generality of sections 1 to 5, section-4 of the Colonial Courts of Admiralty Act 1890 (which require certain laws to be reserved for the signification of Her Majesty's pleasure or to contain a suspending clause), and so much of section 7 of that Act as requires the approval of Her Majesty in Council to any rules of court for regulating the practice and procedure of a colonial court of admiralty, shall cease to have effect in any Dominion as from the commencement of this Act. Saving for British North America Acts and application of the Act to Canada 7.(1) Nothing in this Act shall be deemed to apply to the repeal, amendment or alteration of the British North America Acts 1867 to 1930, or any order, rule or regulation made thereunder. (2) The provisions of section 2 shall extend to laws made by any of the Provinces of Canada and to the powers of the legislatures of such Provinces. (3) The powers conferred by this Act upon the Parliament of Canada or upon the legislatures of the Provinces shall be restricted to the enactment of laws in relation to matters within the competence of the Parliament of Canada or of any of the legislatures of the Provinces respectively. Saving for Constitution Acts of Australia and New Zealand 8. Nothing in this Act shall be deemed to confer any power to repeal or alter the Constitution or the Constitution Act of the Commonwealth of Australia or the Constitution Act of the Dominion of New Zealand otherwise than in accordance with the law existing before the commencement of this Act. Saving with respect to States of Australia 9.(1) Nothing in this Act shall be deemed to authorise the Parliament of the Commonwealth of Australia to make laws on any matter within the authority of the States of Australia, not being a matter within the authority of the Parliament or Government of the Commonwealth of Australia. Certain sections of Act not to apply to Australia, New Zealand or Newfoundland unless adopted 10.(1) None of the following sections, that is to say, sections-2 to 6, shall extend to a Dominion to which this section applies as part of the law of that Dominion unless that section is adopted by the Parliament of the Dominion, and any Act of that Parliament adopting any section of this Act may provide that the adoption shall have effect either from the commencement of this Act or from such later date as is specified in the adopting Act. (3) The Dominions to which this section applies are the Commonwealth of Australia, the Dominion of New Zealand and Newfoundland. Meaning of "colony" in future Acts 11. Notwithstanding anything in the Interpretation Act 1889, the expression "colony" shall not, in any Act of the Parliament of the United Kingdom passed after the commencement of this Act, include a Dominion or any province or State forming part of a Dominion. Short title 12. This Act may be cited as the Statute of Westminster 1931. +ENDNOTES '1 Index to Endnotes Page 2 Date to which amendments incorporated 7 3 List of legislation 7 4 List of annotations 8 5 Table of changed names and titles 8 '2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 24 March 1995. Future amendments of the Statute of Westminster 1931 (Imperial) may be made in accordance with this reprint under the Reprints Act 1992, section 49. '3 List of legislation Statute of Westminster 1931 22 & 23 Geo. 5 c 4 (Imperial) date of assent 11 December 1931 commenced on date of assent as amended by-- Australia Acts (Request) Act 1985 No. 69 ss 3-4 sch 2 s 12 date of assent 16 October 1985 commenced on date of assent '4 List of annotations Key to abbreviations in list of annotations amd = amended ch = chapter def = definition div = division exp = expires/expired hdg = heading ins = inserted om = omitted prec = preceding pres = present prev = previous (prev) = previously prov = provision pt = part RA = Reprints Act 1992 renum = renumbered sdiv = subdivision sub = substituted Provisions not included in reprint, or amended by amendments not included in reprint, are underlined Parliament of United Kingdom not to legislate for Dominion except by consent s 4 om 1985 No. 69 ss 3-4 sch 2 s 12 Saving with respect to States of Australia s 9 amd 1985 No. 69 ss 3-4 sch 2 s 12 Certain sections of Act not to apply to Australia, New Zealand or Newfoundland unless adopted s 10 amd 1985 No. 69 ss 3-4 sch 2 s 12 '5 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A OldNewReference provisionHis MajestyHer MajestyActs Interpretation Act 1954 s-52(3)(a)