reply to post by Chadwickus
No Act of the Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to the Commonwealth, to
a State or to a Territory as part of the law of the Commonwealth, of the State or of the Territory.
Her Majesty's representative in each State shall be the Governor.
Subject to subsections (3) and (4) below, all powers and functions of Her Majesty in respect of a State are exercisable only by the Governor of the
Subsection (2) above does not apply in relation to the power to appoint, and the power to terminate the appointment of, the Governor of a State.
While Her Majesty is personally present in a State, Her Majesty is not precluded from exercising any of Her powers and functions in respect of the
State that are the subject of subsection (2) above.
The advice to Her Majesty in relation to the exercise of the powers and functions of Her Majesty in respect of a State shall be tendered by the
Premier of the State.
if you take away the power of the governor general from to pass legislation in the name of the queen you are in effect not operating under a monarch
but as a country of your own.
Yes we did go to vote on the matter in 1999 that didn't go down too well.
look at the wording of the sections
AUSTRALIA ACT 1986 - SECT 10
Termination of responsibility of United Kingdom Government in relation to State matters
After the commencement of this Act Her Majesty's Government in the United Kingdom shall have no responsibility for the government of any State
AUSTRALIA ACT 1986 - SECT 11
Termination of appeals to Her Majesty in Council
Subject to subsection (4) below, no appeal to Her Majesty in Council lies or shall be brought, whether by leave or special leave of any court or of
Her Majesty in Council or otherwise, and whether by virtue of any Act of the Parliament of the United Kingdom, the Royal Prerogative or otherwise,
from or in respect of any decision of an Australian court.
Subject to subsection (4) below:
(a) the enactments specified in subsection (3) below and any orders, rules, regulations or other instruments made under, or for the purposes of, those
(b) any other provisions of Acts of the Parliament of the United Kingdom in force immediately before the commencement of this Act that make provisions
for or in relation to appeals to Her Majesty in Council from or in respect of decisions of courts, and any orders, rules, regulations or other
instruments made under, or for the purposes of, any such provisions;
in so far as they are part of the law of the Commonwealth, of a State or of a Territory, are hereby repealed.
The enactments referred to in subsection (2) (a) above are the following Acts of the Parliament of the United Kingdom or provisions of such Acts:
The Australian Courts Act 1828, section 15
The Judicial Committee Act 1833
The Judicial Committee Act 1844
The Australian Constitutions Act 1850, section 28
The Colonial Courts of Admiralty Act 1890, section 6.
Nothing in the foregoing provisions of this section:
(a) affects an appeal instituted before the commencement of this Act to Her Majesty in Council from or in respect of a decision of an Australian
(b) precludes the institution after that commencement of an appeal to Her Majesty in Council from or in respect of such a decision where the appeal is
(i) pursuant to leave granted by an Australian court on an application made before that commencement; or
(ii) pursuant to special leave granted by Her Majesty in Council on a petition presented before that commencement;
but this subsection shall not be construed as permitting or enabling an appeal to Her Majesty in Council to be instituted or continued that could not
have been instituted or continued if this section had not been enacted.
AUSTRALIA ACT 1986 - SECT 12
Amendment of Statute of Westminster
Sections 4, 9(2) and (3) and 10(2) of the Statute of Westminster 1931, in so far as they are part of the law of the Commonwealth, of a State or of a
Territory, are hereby repealed. see that last word of that sentence repealed ( revoked) means no longer. So how are we still a Monarch?