Queensland dating laws
Queensland dating laws
Thus, although a British statute, this became Australia's Constitution.Following federation, Britain's role in the government of Australia became increasingly nominal in the 20th century.
Following a number of constitutional conventions during the 1890s to develop a federal nation from the several colonies, the Commonwealth of Australia Constitution Act (UK) was passed and came into force on 1 January 1901.
The Australian Government did not invoke the provisions of the statute until 1942.
The High Court of Australia also followed the decisions of the Privy Council during the first half of the twentieth century.
The reception of English law was clarified by the Australian Courts Act 1828 (UK), which provided that all laws and statutes in force in England at the date of enactment should be applied in the courts of New South Wales and Van Diemen's Land (Tasmania) so far as those laws were applicable.
Since Queensland and Victoria were originally part of New South Wales, the same date applies in those States for the reception of English law.
The Constitution provided for the legislative power of the Commonwealth to be vested in a federal Parliament consisting of the Queen, a Senate and a House of Representatives.
The role of the Queen in the legislative process lies in her responsibility to grant Royal Assent, a power exercised on her behalf by the Governor-General.
Legislative independence has been paralleled by a growing divergence between Australian and English common law in the last quarter of the 20th century.
In addition, a large body of English law received in Australia has been progressively repealed in state parliaments, such as in New South Wales by the Imperial Acts Application Act 1969.
The Australian colonies became a federation in 1901 through the passing of the Commonwealth of Australia Constitution Act by the British Parliament.
The federal constitution was the product of nearly ten years of discussion, "with roots in both the British legal tradition and Australian democracy".
Nevertheless, Acts of the United Kingdom Parliament extending to the colonies could override contrary colonial legislation and would apply by "paramount force".