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  WHEREAS, the delegates to His Majesty's Governments in the United Kingdom, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland, at Imperial Conferences held at Westminster in the years of our Lord nineteen hundred and twenty-six and nineteen hundred and thirty did concur in making the declarations and resolutions set forth in the Reports of the said Conference; And WHEREAS, it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol to the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom; And WHEREAS it is in accord with the established constitutional position that no law hereafter made by the Parliament of the United Kingdom shall extend to any of the said Dominions as part of the law of that Dominion otherwise than at the request and with the consent of that Dominion; And WHEREAS it is necessary for the ratifying, confirming and establishing of certain of the said declarations and resolutions of the said Conferences that a law be made and enacted in due form by authority of the Parliament of the United Kingdom; And WHEREAS the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland have severally requested and consented to the submission of a measure to the Parliament of the United Kingdom for making such provision with regard to the matters aforesaid as is hereafter in this Act contained; NOW, THEREFORE, be in enacted
by the King's Most Excellent Majesty by and with the advice and consent
of the Lords Spiritual and Temporal, and Commons, in this present
Parliament
assembled, and by the authority of the same, as follows:
In this Act the expression
"Dominion" means any of the following Dominions, that is to say, the
Dominion
of Canada, the Commonwealth of Australia, the Dominion of New Zealand,
the Union of South Africa, the Irish Free State and Newfoundland.
(1) The Colonial Laws Validity Act, 1865, shall not apply to any law made after the commencement of this Act by the Parliament of a Dominion. (2) No law and no provision
of any law made after the commencement of this Act by the Parliament of
a Dominion shall be void or inoperative on the ground that it is
repugnant
to the law of England, or to the provisions of any existing or future
Act
of Parliament of the United Kingdom, or to any order, rule, or
regulation
made under any such Act, and the powers of the Parliament of a Dominion
shall include the power to repeal or amend any such Act, order, rule or
regulation in so far as the same is part of the law of the Dominion.
It is hereby declared and
enacted that the Parliament of a Dominion has full power to make laws
having
extra-territorial operation.
No Act of Parliament of the
United Kingdom passed after the commencement of this Act shall extend
or
be deemed to extend, to a Dominion as part of the law of that Dominion,
unless it is expressly declared in that Act that that Dominion has
requested,
and consented to, the enactment thereof.
Without prejudice to the
generality of the foregoing provisions of this Act, sections seven
hundred
and thirty-five and seven hundred and thirty-six of the Merchant
Shipping
Act, 1894, shall be construed as though reference therein to the
Legislature
of a British possession did not include reference to the Parliament of
a Dominion.
Without prejudice to a generality
of the foregoing provisions of this Act, section four of the Colonial
Courts
of Admiralty Act, 1890 (which requires certain laws to be reserved for
the signification of His Majesty's pleasure or to contain a suspending
clause), and so much of section seven of that Act as requires the
approval
of His Majesty in Council to any rules of Court for regulating the
practice
and procedure of a Colonial Court of Admiralty, shall cease to have
effect
in any Dominion as from the commencement of this Act.
(1) Nothing in this Act shall be deemed to apply to the repeal, amendment or alteration of the British North America Acts, 1867 to 1930, or any order, rule or regulation made thereunder. (2) The provisions of section two of this Act shall extend to laws made by any of the Provinces of Canada and to the powers of the legislatures of such Provinces. (3) The powers conferred
by this Act upon the Parliament of Canada or upon the legislatures of
the
Provinces shall be restricted to the enactment of laws in the relation
to matters within the competence of the Parliament of Canada or of any
of the legislatures of the Provinces respectively.
Nothing in this Act shall
be deemed to confer any power to repeal or alter the Constitution or
the
Constitution Act of the Commonwealth of Australia or the Constitution
Act
of the Dominion of New Zealand otherwise than in accordance with the
law
existing before the commencement of this Act.
(1) Nothing in this Act shall be deemed to authorize the Parliament of the Commonwealth of Australia to make laws on any matter within the authority of the States of Australia, not being a matter within the authority of the Parliament or Government of the Commonwealth of Australia. (2) Nothing in this Act shall be deemed to require the concurrence of the Parliament or Government of the Commonwealth of Australia, in any law made by the Parliament of the United Kingdom with respect to any matter within the authority of the States of Australia, not being a matter within the authority of the Parliament or Government of the Commonwealth of Australia, in any case where it would have been in accordance with the constitutional practice existing before the commencement of this Act that the Parliament of the United Kingdom should make that law without such concurrence. (3) In the application of
this Act to the Commonwealth of Australia the request and consent
referred
to in section four shall mean the request and consent of the Parliament
and Government of the Commonwealth.
(1) None of the following sections of this Act, that is to say, sections two, three, four, five and six, shall extend to a Dominion to which this section applies as part of the law of that Dominion unless that section is adopted by the Parliament of the Dominion, and any Act of that Parliament adopting any section of this Act may provide that the adoption shall have effect either from the commencement of this Act or from such later date as is specified in the adopting Act. (2) The Parliament of any such Dominion as aforesaid may at any time revoke the adoption of any section referred to in subsection (1) of this section. (3) The Dominions to which
this section applies are the Commonwealth of Australia, the Dominion of
New Zealand and Newfoundland.
Notwithstanding anything
in the Interpretation Act, 1889, the expression "Colony" shall not, in
any Act of the Parliament of the United Kingdom passed after the
commencement
of this Act, include a Dominion or any Province or State forming a part
of a Dominion.
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