Statute of Westminster Adoption Act 1942 (Commonwealth) (Qld)

Statute of Westminster Adoption Act 1942 (Commonwealth)

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

Preamble Whereas certain legal difficulties exist which have created doubts and caused delays in relation to certain Commonwealth legislation, and to certain regulations made thereunder, particularly in relation to the legislation enacted, and regulations made, for securing the public safety and defence of the Commonwealth, and for the more effectual prosecution of the war in which His Majesty the King is engaged.And whereas those legal difficulties will be removed by the adoption by the Parliament of the Commonwealth of sections 2 to 6 of the Statute of Westminster 1931, and by making such adoption have effect as from the commencement of the war between His Majesty the King and Germany.

1 Short title This Act may be cited as the Statute of Westminster Adoption Act 1942 (Commonwealth) .

2 Commencement This Act shall come into operation on the day on which it receives the royal assent.

3 Adoption of Statute of Westminster 1931 Sections 2 to 6 of the Imperial Act entitled the Statute of Westminster 1931 (which Act is set out in the schedule) are adopted and the adoption shall have effect from 3 September 1939.

Schedule An Act to give effect to certain resolutions passed by Imperial conferences held in the years 1926 and 1930 Whereas the delegates of His Majesty's Governments in the United Kingdom, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland, at Imperial conferences holden at Westminster in the years of our Lord 1926 and 1930 did concur in making the declarations and resolutions set forth in the reports of the said conferences.And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom.And whereas it is in accord with the established constitutional position that no law hereafter made by the Parliament of the United Kingdom shall extend to any of the said Dominions as part of the law of that Dominion otherwise than at the request and with the consent of that Dominion.And whereas it is necessary for the ratifying, confirming and establishing of certain of the said declarations and resolutions of the said conferences that a law be made and enacted in due form by authority of the Parliament of the United Kingdom.And whereas the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland have severally requested and consented to the submission of a measure to the Parliament of the United Kingdom for making such provision with regard to the matters aforesaid as is hereafter in this Act contained.