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The Forum > Article Comments > Australia Day 2017 > Comments

Australia Day 2017 : Comments

By Bob Ryan, published 5/1/2017

It is unfortunate that, when reasonable Australians strive to unite us all as a nation, there still persists an objection to celebrating January the 26th as Australia Day.

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Hi nicknamenick, you are incorrect there about appeals to the Privy Council (the Queen). In 1986, with the passing of the Australia Act by both the UK Parliament and the Parliament of Australia (with the request and consent of the Australian States), appeals to the Privy Council from state Supreme Courts were closed off, leaving the High Court as the only avenue of appeal.
Posted by minotaur, Monday, 9 January 2017 9:56:45 AM
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Nah , Laws have to be constitutional and s74 still stands. A mob of Centrelink debt victims , Aboriginal elders and gay unmarried could demand that Her Majesty call up a Privy Council . She'd do it , no worries.
Posted by nicknamenick, Monday, 9 January 2017 10:14:01 AM
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Section 74 of the Australian Constitution exists but on paper only. Section 11 of the Australia Act 1986 has made it redundant. And the Australian Constitution has no authority in England so it is worthless.

Of course, nicknamenick, you are most welcome to try and have an appeal taken to the Privy Council. Lawyers around the country will welcome the comic relief.
Posted by minotaur, Monday, 9 January 2017 12:30:38 PM
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Britain , not Australia , made the Constitution which removes Britain's Commons powers over Oz. In 1990 UK had to pass an act to send the original British document to the colonials in Canberra.

" Commonwealth of Australia Constitution Act 1900 (Imp), an Act of the Parliament of the United Kingdom... the Constitution was originally given legal force by an Act of the United Kingdom parliament, ..and the Constitution can now only be changed in accordance with the prescribed referendum procedures in Section 128."

Legislation must comply with the constitution or be illegal. Poms know that and they have the Queen , checkmate.
Posted by nicknamenick, Monday, 9 January 2017 12:43:20 PM
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You need to look more closely at the Constitution nicknamesnick. In particular Section 51, sub-section xxxvi that states the Parliament has to power to make laws for 'matters in respect of which this Constitution makes provision until the Parliament otherwise provides;'

In essence, under the Australia Act 1986 (of which a similar piece of legislation also passed the UK Parliament), which is the Parliament 'otherwise providing', there is no legal avenue for Australians to access the Privy Council for appeals.

You can try but you will soon find out who is checked, mate.
Posted by minotaur, Monday, 9 January 2017 2:56:05 PM
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roderick

Well, we've got a movement of two! History has been changed starting with less. I also didn't know about Citizenship Day, although I should have.

One of these days, when I've got time, I might just start a Change.org petition. If you are so inclined, start without me.
Posted by Killarney, Tuesday, 10 January 2017 6:37:20 AM
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