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The reception of English law in Western Australia and South Australia was later deemed by statute to have occurred on 1 June 1829 [12] and 28 December 1836 [13] respectively. The earliest civil and criminal courts established from the beginnings of the colony of New South Wales were rudimentary, adaptive and military in character.
Australian Law Reform Commission Act 1996 1996 (No. 37) Yes (as amended) Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 1996 (No. 38) No Australian Maritime Safety Authority Act 1990 1990 (No. 78) Yes (as amended) Australian Meat and Live-stock Corporation Act 1977 1977 (No. 67) No
Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021; Family Law Act 1975; Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011; Financial Management and Accountability Act 1997; Flags Act 1953; Foreign Influence Transparency Scheme Act 2018; Freedom of Information Act 1982
Instances may arise when it is impossible to obey two laws simultaneously. A classical example is R v Licensing Court of Brisbane; Ex parte Daniell. [8] A state referendum on liquor trading hours was fixed by State law for the same day as a federal Senate election. The Commonwealth law provided that a State referendum could not be held on that day.
The Constitution is the primary, but not exclusive, source of Australian constitutional law; it operates alongside constitutional conventions, state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, prerogative instruments and judicial interpretations of these laws by the High Court of Australia.
In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments.Secondary legislation, formally called legislative instruments, are regulations made according to law by the executive or judiciary or other specified bodies which have the effect of law. [3]
Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by ...
Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction.