Finally severed Australia’s remaining links with the UK

Ensured that the Australian Constitution Act could not be repealed.

Re-enacted the powers provided to Australia granted by the Australian Courts Act 1828 (Imp)

Finally provided legislation that granted the Commonwealth Parliament and courts law making functions

A Federal Matter

A State Matter

An International Matter

A Colonial Matter

Victorian Parliament and courts were free to alter the received law of Britain

British law was received by the eastern colonies of Australia in 1828

The colony of New South Wales could establish the first bicameral Parliament

Limitations on the powers of the State Parliaments were removed

The Australian Courts Act 1828

The Colonial Laws Validity Act 1865

The Statute of Westminster 1931

The Imperial Acts Application Act 1980

Existing British law became Australian law

Only the common law of Britain became Australian law

Only the statute law of Britain became Australian law

All existing British law and all British law to be made in the future became Australian law

Declared that Australia was to henceforth be considered a “terra nullius”

Established the first Parliament of New South Wales

Affirmed that the British Crown was asserting an independent right to control New South Wales

Confirmed that a treaty had been reached with the local indigenous population which ceded the region to the British

The Privy Council

The Supreme Court of the United Kingdom

The High Court

The Federal Court

No affect. The Act gave courts the ability to interpret British legislation

It allowed the Victorian Parliament and Mr Politic to enact Australia wide laws provided they did not alter or repeal UK statutes of paramount force

It allowed Mr Politic and the Victorian Parliament full discretion to alter and/or repeal received law. The Act also gave Parliament the power to enact Victorian legislation

It allowed the Victorian Parliament and Mr Politic to enact laws provided they were within the boundaries of Victoria and did not alter or repeal UK statutes of paramount force

Indigenous Law

English Law

Australian Law

A mixture of Indigenous, English and Australian laws

Means a land “without any legal system” and was the basis upon which Captain Cook determined that Britain had conquered the indigenous people

Means “territory occupied by Britain through conquest”

Is the concept that land which is ceded by an indigenous people to Britain inherits the British legal system

Was the alleged moral and legal basis upon which the first governor, Governor Phillip could declare English law to be the law of Australia