Key points in some of the Acts

Western Australia Interpretation Act 1984, Part II, s5, Terms used in written laws.

Her Majesty, His Majesty, Queen, King, or Crown means the Sovereign of the United Kingdom, Australia and Her other Realms and Territories, and Head of the Commonwealth and includes the predecessors and the heirs and successors of the Sovereign;”

Western Australia Constitution Act 1889, s2 Legislature to be constituted in Western Australia.

(3)Every Bill, after its passage through the Legislative Council and the Legislative Assembly, shall, subject to section 73, be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen

Commonwealth of Australia Constitution Act 1900, s109 Inconsistency of laws.

When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Commonwealth of Australia Constitution Act 1900, s58 Royal assent to Bills.

When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen’s assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen’s name, or that he withholds assent, or that he reserves the law for the Queen’s pleasure. The Governor-General may return to the House in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.

Commonwealth of Australia Constitution Act 1900 s114. States may not raise forces. Taxation of property of Commonwealth or State.

A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.

– Not a Parliament of the Australian Government.
– all land belongs to the Commonwealth, “owners” pay fee simple for the right to use the land.
– corporate “States” can’t sell Crown land, nor do they have any right to tax it.

Commonwealth of Australia Constitution Act 1900 s117 Rights of residents in States.

A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.

– A law or Statute of one State can not be applied to all States. Equally, a privilege or right afforded to a subject in one State is equally the privilege or right of a Subject of another State.

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