Repeal of the Australian Courts Act (1828)

Wayne Morgan made this Freedom of Information request to SA Attorney-General's Department

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From: Wayne Morgan

Delivered

Dear SA Attorney-General's Department,

Can you please provide a copy of the instrument, act, enabling act or other documents, along with a copy of its proclamation, that purports to repeal or amend the Australian Courts Act (1828) signed by the Colony of South Australia?

Yours faithfully,

Wayne Morgan

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Locutus Sum left an annotation ()

For general informatoin see the Wikipedia page on the law of Australia (https://en.wikipedia.org/wiki/Law_of_Aus... ).

The Australian Courts Act 9 Geo 4c 83 of 1828, was: "An Act to provide for the administrati
on of justice in New South Wales and Van Diemen’s Land, and for the more effectual government thereof and for other purposes relating thereto." It did not immediately come into force in South Australia. I don't know why but maybe it was because of the status of South Australia as a colony. At the time of the Imperial enactment, Queensland and Victoria were part of the colony of New South Wales so it also affected those areas an remained in force when the two areas became new and separate colonies. In South Australia, I believe that the Australian Courts Act was brought into force by the Acts Interpretation Act of 1909.

The effect of the Australian Courts Act (Imperial) was altered by ss 3 and 4 of the Australian Acts (Request) Act (SA) No. 95 of 1985. Section 3 of the Australian Acts (Request) Act (SA) asks and the UK parliament to introduce important legislative changes and also consents to the requested changes. Section 4 makes a similar plea to the parliament of the Commonwealth of Australia. The changes included the abolition of appeals to the Privy Council as well as many other changes.

It is not necessary to read the South Australian act and the acts of the other states of Australia because the Parliament of the Commonwealth and the Parliament of the United Kingdom each did as they were asked. For the Commonwealth, a person can read the Australian (Request and Consent) Act No. 143 of 1985; assented to: 4 December 1985 (https://www.legislation.gov.au/Details/C... ). For the United Kingdom, a person can read the Australia Act 1986 c. 2 (http://www.legislation.gov.uk/ukpga/1986... ).

To address "proclamation", it is worthwhile to read that the acts came into force on the day that they received the Royal Assent, not on a day of proclamation.

To address the issue of the effect of United Kingdom law on the Commonwealth of Australia (to be a different issue from the effect on the law of the states and territories) see s 1 of the Australia Act 1986 (UK): "Termination of power of Parliament of United Kingdom to legislate for Australia". Also read in s 3: "No law and no provision of any law made after the commencement of this Act by the Parliament of a State shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any existing or future Act of the Parliament of the United Kingdom, or to any order, rule or regulation made under any such Act, and the powers of the Parliament of a State shall include the power to repeal or amend any such Act, order, rule or regulation in so far as it is part of the law of the State."

I will also post this annotation in the other request page.

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Wayne Morgan left an annotation ()

Thanks for the information you posted.

Re Australian Courts Act (1828) I believe South Australia signed in November 1828 as the Colony of South Australia. I'm looking for that information as well. The Australia Act (1985/1986) doesn't appear to repeal the entire Act - only s15.

Re Proclamation - the proclamation as published in the government Gazette shows who enacted the legislation and the date it comes into force.

Thanks for your help.

Wayne

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From: AGD:Attorney-General's Department
SA Attorney-General's Department

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From: Wayne Morgan

Delivered

Dear AGD:Attorney-General's Department,

My apologies for perhaps not wording my previous FOI request correctly.

What I'm seeking is any Act or legislation, enacted since 1901 or Federation, by the Commonwealth of Australia or Australian Government, which repeals the Australian Courts Act 1828.

Yours sincerely,

Wayne Morgan

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From: AGD:Attorney-General's Department
SA Attorney-General's Department

We acknowledge receipt of your email to the Attorney-General's Department.

Your email has been forwarded to a departmental officer for review.  Once your views and suggestions have been carefully considered, depending on the nature of your correspondence, you may receive a reply via Australia Post.

Please note that internet and email are not secure mediums to transfer information. If your message is sensitive, please use the postal address below.

If you wish to send invitations, meeting requests, correspondence requiring supporting attachments (such as photos or documents) or are seeking a formal response from the Department, please use the postal address below.

Postal Address
Attorney-General's Department
GPO Box 464
ADELAIDE SA 5001

Thank you

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