Australia Act 1986

03 March 1986

Australia becomes independent from the British Parliament and courts. 

The Australia Act 1986 was the final step in Australia’s constitutional independence from Britain. This Act and the 6 similar Acts passed by the state parliaments made all Australian law independent of the British Parliament and legal system. It also stopped appeals from state courts to the British Privy Council. Together with the Australia Act 1986 (UK), the 7 Acts brought the states in line with the Australian Government’s relationship with Britain.

After the Statute of Westminster Adoption Act 1942 Australia was independent from Britain but the states were still subject to some aspects of British law. Despite the changes that had taken place at the national level since Federation, certain state bills still required the monarch’s approval and the monarch could disallow any state law within 2 years. States gave advice to the monarch through the British Foreign Minister, not an Australian minister.

Passage of this long overdue legislation will complete the process of constitutional development commenced at the beginning of this century. It will eliminate those laws and procedures which are anachronistic and substitute new arrangements which reflect Australia's status as an independent and sovereign nation.
The Hon. Lionel Bowen, Attorney-General, speaking in the House of Representatives, 13 November 1985
A signed document featuring the Australian Coat of Arms and the Great Seal of Australia.

Proclamation by Queen Elizabeth II fixing 3 March 1986 as the date of operation of the Australia Act, 1986

Courtesy of Attorney-General’s Department and the Parliament House Art Collection, Canberra, ACT

Proclamation by Queen Elizabeth II fixing 3 March 1986 as the date of operation of the Australia Act, 1986

A signed document featuring the Australian Coat of Arms and the Great Seal of Australia.

Courtesy of Attorney-General’s Department and the Parliament House Art Collection, Canberra, ACT

Description

This Proclamation fixed 3 March 1986 as the date the Australia Acts would commence. The British Parliament and each Australian state passed individual Acts before the federal Parliament passed its own. None of the Australian Acts had a start date, as they all had to commence on the same day as proclaimed by the Queen.