Colonial Laws Validity Act 1865: Difference between revisions

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Until the passage of the Act, a number of colonial statutes had been struck down by local judges on the grounds of repugnancy to English laws (whether or not those English laws had been intended by Parliament to be effective in the colony). This had been a particular problem for the [[Government of South Australia|government]] in [[South Australia]], where [[Benjamin Boothby|Justice Benjamin Boothby]] had struck down local statutes on numerous occasions in the colony's [[Supreme Court of South Australia|Supreme Court]].
 
By the mid-1920s it was accepted by the [[British government]] that the [[British Dominions|dominions]] would have full legislative autonomy. This was given legislative effect in 1931 by the [[Statute of Westminster 1931|Statute of Westminster]], which repealed the application of the Colonial Laws Validity Act 1865 to the dominions (i.e. [[Canada]], the [[Irish Free State]], [[New Zealand]], [[Dominion of Newfoundland|Newfoundland]], and the [[Union of South Africa]]).
 
The Statute of Westminster took effect in [[Australia]] in 1942 with the passing of the [[Statute of Westminster Adoption Act 1942]], with retroactive effect to 3 September 1939, the start of [[World War II]]. The Colonial Laws Validity Act 1865 continued to have application in individual [[States and territories of Australia|Australian states]] until the [[Australia Act 1986]] came into effect in 1986.