Forest , as I said the High Court has determined that the Australia Acts were validly enacted . You would have to take the matter up with them .

I feel somewhat uneasy about discarding
the past - imperfect as it perhaps was.
It's part of this country's history.
Australia's early White settlers, unlike
their American counterparts who left England
to the promise of a richer and freer existence,
were dragged kicking and screaming from the
dungeons of Newgate and the hulks of Bristol
to the living death of an isolated and barren
land. They matured in a harsh land with few of
the niceties. That in itself is surely worth
commemorating.

Anyway, I'm leaning towards CJ's suggestion -
of choosing a date when, and if, we ever become
a Republic. Of course, we can always have a
Referendum?

Personally I'm perfectly ok for our national day to be on the day Australia was founded- considering it IS the only day that has anything to do with "Australia".

I'm perfectly happy to relocate it- especially if it's true that the current date is offensive to Indigenous Australians.

Although Foxy does make a good point about the history.

Yes, I too agree with Foxy. We should wait until Australia is formally made a republic, and then celebrate that day.

Naturally, Indigenous Australians are never going to be happy with celebrating Australia Day on the day they were 'invaded' by Britain. However, many countries, including Britain, were also invaded sometime in history.

I feel it is time for everyone to move on and declare Australia a Republic. I was born before 1986 and so were many of my friends and family. I haven't met many now who don't want a Republic.

*Posted by lejon, Sunday, 25 October 2009 3:03:11 PM*
" ... Forest , as I said the High Court has determined that the Australia Acts were validly enacted . You would have to take the matter up with them. ... "

That doesn't necessarily mean that all of its provisions are constitutional.

http://www.comlaw.gov.au

The great australian Con:

..

2 Act to extend to *Lizzy Winza’s* successors
The provisions of this Act referring to *Lizzy* shall extend to *Her
Lizzyiness’s* heirs and successors in the sovereignty of the United Kingdom.

..

Chapter III – The Judicature
74 Appeals to *Lizzy Winza* in Council

" .. No appeal shall be permitted to *Lizzy* in Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by *Her Lizziness* in Council. ... "

..

Chapter VIII – Alteration of the Constitution
Mode of altering the Constitution
" ... This Constitution shall not be altered except in the following manner: ... REFERENDUM ... "

This is generally accepted by the majority of Ozzies I would suggest.

BUT!

Australia Act 1986
Act No. 142 of 1985

11 Termination of appeals to *Lizzy Winza* in Council

Subject to subsection (4) below, no appeal to *Her Lizziness* in
Council lies or shall be brought, whether by leave or special leave
of any court or of *Her Lizziness* in Council or otherwise, and
whether by virtue of any Act of the Parliament of the United
Kingdom, the Royal Prerogative or otherwise, from or in respect of
any decision of an Australian court. ... "

..

Toilet Paper!

To Foxy , King Hazza and Suzeonline - there is no suggestion of denying history . The history of Australia will always remain .

But there is a lot more to our history than convicts , settlers and Diggers .

Celebrate that history by all means but don't deny our recent history . From 1770 until 1986 this country and all the people in it were members of the British Nation ( British subjects ) . British Nationality in this country was terminated by the Australia Acts 1986 . Nationality didn't end of course - a new Nation was born - the Sovereign , Independant and Federal Nation - of Australia .

Celebrating on the 26 Jan celebrates the arrival of the British nation into Australia --- on what day is the begining of the Australian Nation celebrated ? ( And that is as a separate Nation not as a part of the British Nation ).