Statute of Westminster Adoption Act 1942
Parliament of Australia
Long title:	An Act to remove Doubts as to the Validity of certain Commonwealth Legislation, to obviate Delays occurring in its Passage, and to effect certain related purposes, by adopting certain Sections of the Statute of Westminster 1931, as from the Commencement of the War between his Majesty the King and Germany
Introduced by:
Dates
Date passed:
Date of Royal Assent:	9 October 1942
Commencement:	3 September 1939
Other legislation
Amendments:	1986 (minor)
Related legislation:	Australia Act 1986
Status: Current legislation

The Statute of Westminster Adoption Act 1942 is an Act of the Australian Parliament that formally adopted the Statute of Westminster 1931, an Act of the British Imperial Parliament enabling the legislative independence of the various self-governing Dominions of the British Empire. The Parliament of Australia or Commonwealth Parliament is the legislative branch of government of Australia. The long title (properly the title) is one of the parts together with the Short title, and the operative provisions (sections and Schedules which comprise an The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom (22 & 23 Geo The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of Lawmaking by formally assenting to an Events 768 - Carloman I and Charlemagne are crowned Kings of The Franks. Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. Events 36 BC - In the Battle of Naulochus, Marcus Vipsanius Agrippa, Admiral of Octavian, defeats Sextus Pompeius Year 1939 ( MCMXXXIX) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. Year 1986 ( MCMLXXXVI) was a Common year starting on Wednesday (link displays 1986 Gregorian calendar) The Australia Act 1986 is the name given to a pair of two separate but related pieces of legislation one an Act of the Parliament of Australia (No A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. The Parliament of Australia or Commonwealth Parliament is the legislative branch of government of Australia. The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom (22 & 23 Geo The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories A dominion, often Dominion, refers to one of a group of autonomous polities under sovereign authority within the British Empire and The British Empire was the largest empire in history and for over a century was the foremost global power. The Statute of Westminster allowed the Dominion parliaments and governments to act independently of the British Parliament and Government. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories Her Majesty's Government, or when the monarch is male His Majesty's Government, is the title used by the Government of the United Kingdom, based at

The Act is more important for its symbolic value than for the legal effect of its provisions. While Australia's growing independence from the United Kingdom was well accepted, the adoption of the Statute of Westminster formally demonstrated Australia's independence to the world. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located It also symbolised the shift in Australia's foreign policy from a focus on the United Kingdom to the United States. The foreign relations of Australia have spanned from the country's time as Dominion and later Realm of the British Empire to become steadfastly allied with The United States of America —commonly referred to as the

Contents 1 Background 2 The Statute of Westminster 3 Adoption 4 Provisions of the Act 5 References

Background

Australia's progression to effective independence has been gradual and unemotional.

Australia commenced as a British colony in Sydney in 1788. Year 1788 ( MDCCLXXXVIII) was a Leap year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Leap Other colonies were gradually established covering the continent. The colonies became self-governing during the second half of the 19th century, starting with Victoria in 1852, although New South Wales had an unelected Legislative Council since 1825. A self-governing colony is a Colony with an elected Legislature, in which Politicians are able to make most decisions without reference to the The 19th century of the Common Era began on January 1, 1801 and ended on December 31, 1900, according to the Gregorian calendar Year 1852 ( MDCCCLII) was a Leap year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Leap year The New South Wales Legislative Council, or upper house is one of the two chambers of the parliament of New South Wales in Australia. Year 1825 ( MDCCCXXV) was a Common year starting on Saturday (link will display the full calendar of the Gregorian Calendar (or a Common

When the Commonwealth of Australia was formed with federation of the six colonies in 1901, it became classified as a Dominion of the British Empire. For a topic outline on this subject see List of basic Australia topics. The federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Year 1901 ( MCMI) was a Common year starting on Tuesday (link will display calendar of the Gregorian calendar (or a Common year starting A dominion, often Dominion, refers to one of a group of autonomous polities under sovereign authority within the British Empire and The British Empire was the largest empire in history and for over a century was the foremost global power. This accorded Australia somewhat greater independence. After the end of World War I, each of the Dominions (including Australia, Canada, Newfoundland, New Zealand and South Africa) independently signed the Treaty of Versailles, but under the collective umbrella of the British Empire, and each became a founding member of the League of Nations in their own right. World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The Dominion of Newfoundland was a British dominion from 1907 (before which the territory had the status of a British colony to 1949 New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa The Treaty of Versailles was one of the peace treaties at the end of World War I. The League of Nations was an International organization founded as a result of the Treaty of Versailles in 1919–1920 This was an important international demonstration of the independence of the Dominions.

The Statute of Westminster

During the 1926 Imperial Conference, the governments of the Dominions and of the United Kingdom endorsed the Balfour Declaration of 1926, which declared that the Dominions were autonomous members of the British Empire, equal to each other and to the United Kingdom. Year 1926 ( MCMXXVI) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar. Imperial Conferences ( Colonial Conferences before 1911 were gatherings of British Empire government leaders in London in 1887, 1897 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The Balfour Declaration of 1926, named after the British Lord President of the Council Arthur Balfour, Earl of Balfour was the name given to a report resulting The Statute of Westminster 1931 gave legal effect to the Balfour Declaration and other decisions made at the Imperial Conferences. The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom (22 & 23 Geo Most importantly, it declared that the Parliament of the United Kingdom no longer had any legislative authority over the Dominions. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories The Statute took effect immediately over Canada, South Africa and the Irish Free State. The Irish Free State (Saorstát Éireann (1922&ndash1937 was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by However, Australia, New Zealand and Newfoundland had to ratify the Statute through legislation before it would apply to them. The Dominion of Newfoundland was a British dominion from 1907 (before which the territory had the status of a British colony to 1949 Canada also requested certain exemptions from the Statute in regard to the Canadian Constitution.

Australian politicians initially resisted ratification of the Statute. John Latham, the Attorney-General and Minister for External Affairs under Prime Minister Joseph Lyons, was particularly opposed to ratifying the Statute, because he thought it would weaken military and political ties with the United Kingdom. Sir John Greig Latham KBE CMG PC ( 26 August 1877 &ndash 25 July 1964) was an Australian Judge The Prime Minister of Australia is the Head of government of the Commonwealth of Australia, holding office on commission from the Governor-General. Joseph Aloysius Lyons, CH (15 September 1879 &ndash 7 April 1939 Australian politician Latham had attended both the 1926 Imperial Conference and the 1919 Paris Peace Conference, and he had much experience in international affairs. Year 1919 ( MCMXIX) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common He preferred that the relationship between the United Kingdom and the Dominions not be codified in legislation.

However, other politicians supported the Statute, and the new independence it gave to Australia.

In 1930, shortly before the Statute was enacted, the Labor Prime Minister James Scullin recommended Sir Isaac Isaacs (then the Chief Justice of Australia) as the Governor-General of Australia, to replace Lord Stonehaven. Year 1930 ( MCMXXX) was a Common year starting on Wednesday (link will display 1930 calendar of the Gregorian calendar. James Henry Scullin (18 September 1876 &ndash 28 January 1953 Australian Labor Politician and ninth Prime Minister of Australia. Sir Isaac Alfred Isaacs GCB GCMG ( 6 August 1855 &ndash 11 February 1948) Australian judge and politician The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The Governor-General of the Commonwealth of Australia is the representative in Australia of the monarch of Australia (currently Elizabeth II Queen of Australia) John Lawrence Baird 1st Viscount Stonehaven, Bt, GCMG, DSO, PC, JP, DL ( 27 April 1874 &ndash This was a departure from previous practice whereby the British monarch, acting on the advice of the British Prime Minister, would offer the Australian Prime Minister a number of choices for the position. See also List of British consorts. This is a list of the monarchs of Great Britain and the United Kingdom. However, the Australian Prime Minister, acting in line with the principles of the Balfour Declaration permitting Dominion governments to look after their own affairs, insisted on the appointment of Isaacs. Although King George V disapproved of Isaacs, the 1930 Imperial Conference upheld the procedure under the declaration, and so the King appointed Isaacs. The other Dominions supported this demonstration of political independence.

Adoption

Four successive Prime Ministers—James Scullin, Joseph Lyons, Robert Menzies and Arthur Fadden—did not adopt the Statute. The Prime Minister of Australia is the Head of government of the Commonwealth of Australia, holding office on commission from the Governor-General. James Henry Scullin (18 September 1876 &ndash 28 January 1953 Australian Labor Politician and ninth Prime Minister of Australia. Joseph Aloysius Lyons, CH (15 September 1879 &ndash 7 April 1939 Australian politician Sir Robert Gordon Menzies, KT, AK, CH, QC (20 December 1894 - 15 May 1978 Australian politician was the twelfth person to serve Sir Arthur William Fadden, GCMG (13 April 1894&ndash21 April 1973 Australian politician and 13th Prime Minister of Australia, born in Ingham Queensland John Curtin, who became Prime Minister eight weeks before the Imperial Japanese Navy's attack on Pearl Harbor, was finally prompted to adopt the Statute in 1942 after the disastrous Battle of Singapore and the sinking of the HMS Prince of Wales and HMS Repulse. John Joseph Curtin (8 January 1885 &ndash 5 July 1945 Australian politician and 14th Prime Minister of Australia, led Australia when the Australian mainland came under direct For Combined Fleet, please see that article For Carrier Striking Task Force, please see that article The attack on Pearl Harbor (or Hawaii Operation, as it was called by the Imperial General Headquarters) was a surprise Military strike conducted by Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. The Battle of Singapore was fought in the South-East Asian theatre of World War II when the Empire of Japan invaded the Allied stronghold The Sinking of Prince of Wales and Repulse was a World War II naval engagement which illustrated the effectiveness of aerial attacks Prior conservative governments had asserted that British military forces would be able to protect Australia, but Curtin, along with External Affairs Minister Dr H.V. Evatt, thought that focusing on an alliance with the United States would be more valuable. Herbert Vere Evatt, QC MP ( April 30, 1894 - November 2, 1965) was an Australian Jurist, politician The United States of America —commonly referred to as the

Prime Minister of the United Kingdom Winston Churchill had promised to send forces to defend Australia in return for Australia's contribution to the war in the Middle East Campaign and the North African Campaign. The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom Sir Winston Leonard Spencer-Churchill, KG, OM, CH, TD, FRS, PC, PC (Can ( 30 November 1874 The Middle East Campaign was a part of the Middle East Theatre of World War II. During World War II, the North African Campaign, also known as the Desert War, took place in the North African desert from June 10, 1940 However, relatively few forces arrived, because Churchill was focused on first defeating the Axis Powers in Europe before turning to Japan. The Axis powers also known as the Axis alliance Axis nations Axis countries or sometimes just the Axis were those Countries For a topic outline on this subject see List of basic Japan topics. Curtin made the decision in December 1941 to recall the 6th Division and the 7th Division to defend Australia, although the 9th Division remained in North Africa until Axis forces there were defeated. Year 1941 ( MCMXLI) was a Common year starting on Wednesday (the link will display 1941 calendar of the Gregorian calendar. The 6th Division of the Australian Army was a unit in the Second Australian Imperial Force (2nd AIF during World War II. The 7th Division of the Australian Army was formed to serve in World War II, as part of the Second Australian Imperial Force (2nd AIF The 9th Division of the Australian Army was formed to serve in World War II, as part of the Second Australian Imperial Force (AIF Curtin openly stated that Australia was turning to America rather than the United Kingdom.

Before the 1940s, the United Kingdom had managed Australia's foreign relations as a matter of course. The 1940s decade ran from 1940 to 1949 Events and trends The 1940s was a period between the radical 1930s and the conservative 1950s which also leads the period to be Curtin's decision to formally adopt the Statute of Westminster in late 1942 was a demonstration to the international community that Australia was an independent nation.

Provisions of the Act

The act had just three sections, one setting out the short title, one declaring that the Act was to come into operation as soon as it received Royal Assent, and one declaring that the Statute of Westminster had been adopted, and was considered to have had effect since 3 September 1939, the beginning of World War II. The short title is the formal name by which a piece of Primary legislation is usually referred to in the United Kingdom and other Westminster-influenced Jurisdictions The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of Lawmaking by formally assenting to an Events 36 BC - In the Battle of Naulochus, Marcus Vipsanius Agrippa, Admiral of Octavian, defeats Sextus Pompeius Year 1939 ( MCMXXXIX) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including ^[1] For a simple Act, it had a significant effect.

Section 2 of the Statute of Westminster abrogated the effect of the Colonial Laws Validity Act of 1865, and adopting it meant that laws made by the Parliament of Australia which were repugnant to British laws were no longer invalid. The Colonial Laws Validity Act 1865 is an Act of the Parliament of the United Kingdom (28 & 29 Vict Year 1865 ( MDCCCLXV) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Common year The Parliament of Australia or Commonwealth Parliament is the legislative branch of government of Australia. Section 4 of the Statute provided that laws made by the Parliament of the United Kingdom would only have effect on a Dominion at the request of the government of that Dominion. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories A dominion, often Dominion, refers to one of a group of autonomous polities under sovereign authority within the British Empire and

Under the Colonial Courts of Admiralty Act 1890, the British monarch had the ability to reserve certain legislation for his or her own consideration, rather than simply allowing the Governor-General to give the Royal Assent on the monarch's behalf. The Governor-General of the Commonwealth of Australia is the representative in Australia of the monarch of Australia (currently Elizabeth II Queen of Australia) Section 6 of the Statute removed this power. The Statute also removed British control over merchant shipping in Australian waters.

References

• Statute of Westminster Adoption Act 1942. National Archives of Australia: Documenting a Democracy. Retrieved on August 8, 2005.
• Independent Foreign Policy. John Curtin Prime Ministerial Library. Retrieved on August 4, 2005.

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