Does British law still apply in Australia?

No. British law no longer applies in Australia.

From 1788, the Australian colonies were established under British law. Australia became a nation at Federation in 1901, but some legal links to Britain remained. These links have largely been removed.

Australia became more independent from Britain after the Statute of Westminster Adoption Act 1942. This Act made it clear that British laws could not override Australian laws and that Australian laws could be different from those in Britain.

However, Australia’s states were still subject to some aspects of British law. Some 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.

The Australia Act 1986 (and the 6 similar Acts passed by the state parliaments) made all Australian law independent of the British Parliament and legal system. Together with the Australia Act 1986 (UK), the 7 Acts brought the states and territories in line with the Australian Government’s independent relationship with Britain.

Today, laws in Australia are made and changed under the Australian system of government. The Australian system still includes the monarch, represented in Australia by the Governor-General. This is not because British law still applies in Australia, but because it is a rule in the Australian Constitution. This cannot be changed by the British Parliament or courts – it can only be changed by Australian voters at a referendum.