Unread postby lazerzap » Thu Jan 02, 2014 8:33 pm

The Australia Act 1986 (UK) is a British statute. It is a fundamental or higher law which prevails over ordinary laws and it cannot be altered by any one Australian legislature acting unilaterally. Its force in Australia now must rest on the authority of the Australian legislatures empowered to alter the Act under S 15 of the Act.[63]

This act has its source in the Statute of Westminster (section 4 of the Statute was then available) and was passed in case the Australia Act 1986 (Cth) was found to be invalid.[64]

Theoretically, the combination of Parliaments specified in s 15 (1) of the Australia Act (UK) may not be bound by the opening words of s 128[65] (of the Constitution), as may apply to the Australia Act 1986 (Cth), to enact legislation to repeal or amend section 8 of the Statute of Westminster, 1931. Such Commonwealth legislation would technically be an amendment to the Australia Act (UK) and thus, being a later enactment with the same force as British legislation applying by paramount force, would effectively amend or repeal the provisions of the Constitution Act.[66] Whether or not the High Court would or could conclude this is not possible is yet to be determined.
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