The Statute of Westminster Adoption Act 1942 is an act of the

Australian Parliament The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-g ...

that formally adopted sections 2–6 of the

Statute of Westminster 1931 The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown. Passed on 11 December 1931, the statute increased the sovereignty of the ...

, an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...

enabling the total legislative independence of the various self-governing Dominions of the

British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...

. With its enactment, Westminster relinquished nearly all of its authority to legislate for the Dominions, effectively making them ''de jure'' sovereign nations. With the enactment of the Adoption Act, the British Parliament could no longer legislate for the Commonwealth without the express request and consent of the Australian Parliament. The act received

Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...

on 9 October 1942, but the adoption of the Statute was made retroactive to 3 September 1939, when Australia entered

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...

. The Act is more important for its symbolic value than for the legal effect of its provisions. While Australia's growing independence from the United Kingdom was well accepted, the adoption of the Statute of Westminster formally demonstrated Australia's independence to the world.

Background

Australia's progression to effective independence was gradual and largely without incident.

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

was founded as a British colony in Sydney in 1788. Other colonies split away from New South Wales or were separately established over the Australian continent in the ensuing decades. The colonies became

self-governing __NOTOC__ Self-governance, self-government, or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority. It may refer to personal conduct or to any form of ...

during the second half of the 19th century, starting with

Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...

in 1852, although well before this time, all of the colonies had non-elected Legislative Councils to advise their respective Governors on matters of administration. When the

Commonwealth of Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...

was formed with

federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...

of the six colonies in 1901, following royal assent of the ''Commonwealth of Australia Act 1900'', it became classified as a

Dominion The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 ...

of the

. This accorded Australia somewhat greater independence, though it was legally a self-governing British colony. After the end of

World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...

, each of the Dominions (including Australia, Canada,

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...

and South Africa but not

Newfoundland Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region ...

) independently signed the

Treaty of Versailles The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1 ...

, but under the collective umbrella of the British Empire. Each Dominion also became a founding member of the

League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference th ...

in its own right. This was an important international demonstration of the independence of the Dominions.

The Statute of Westminster

During the

1926 Imperial Conference The 1926 Imperial Conference was the fifth Imperial Conference bringing together the prime ministers of the Dominions of the British Empire. It was held in London from 19 October to 22 November 1926. The conference was notable for producing th ...

, the governments of the Dominions and of the United Kingdom endorsed the

Balfour Declaration of 1926 The Balfour Declaration of 1926, issued by the 1926 Imperial Conference of British Empire leaders in London, was named after Arthur Balfour, who was Lord President of the Council. It declared the United Kingdom and the Dominions to be: Th ...

, which declared that the Dominions were autonomous members of the British Empire, equal to each other and to the United Kingdom. The

gave legal effect to the Balfour Declaration and other decisions made at the Imperial Conferences. Most importantly, it declared that the

no longer had any legislative authority over the Dominions. Previously, the Dominions were legally self-governing colonies of the United Kingdom, and thus had no legal international status. The Statute made the Dominions ''

de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legall ...

'' independent nations. The Statute took effect immediately over Canada, South Africa and the

Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...

. However, Australia, New Zealand and Newfoundland had to ratify the Statute through legislation before it would apply to them. Canada also requested certain exemptions from the Statute in regard to the

Canadian Constitution The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents ar ...

. Australian politicians initially resisted ratification of the Statute. John Latham, the Attorney-General and Minister for External Affairs under Prime Minister

Joseph Lyons Joseph Aloysius Lyons (15 September 1879 – 7 April 1939) was an Australian politician who served as the 10th Prime Minister of Australia, in office from 1932 until his death in 1939. He began his career in the Australian Labor Party (ALP), ...

, was particularly opposed to ratifying the Statute, because he thought it would weaken military and political ties with the United Kingdom. Latham had attended both the 1926 Imperial Conference and the 1919 Paris Peace Conference, and he had much experience in international affairs. He preferred that the relationship between the United Kingdom and the Dominions not be codified in legislation. However, other politicians supported the Statute, and the new independence it gave to Australia. In 1930, shortly before the Statute was enacted, the

Labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the la ...

Prime Minister

James Scullin James Henry Scullin (18 September 1876 – 28 January 1953) was an Australian Labor Party politician and the ninth Prime Minister of Australia. Scullin led Labor to government at the 1929 Australian federal election. He was the first Cathol ...

recommended Sir

Isaac Isaacs Sir Isaac Alfred Isaacs (6 August 1855 – 11 February 1948) was an Australian lawyer, politician, and judge who served as the ninth Governor-General of Australia, in office from 1931 to 1936. He had previously served on the High Court of Au ...

(then the

Chief Justice of Australia The Chief Justice of Australia is the presiding Justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Susan Kiefel, who is the first woman to hold the position. C ...

) as the

Governor-General of Australia The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.Lord Stonehaven. This was a departure from previous practice whereby the

British monarch The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ...

, acting on the advice of the British prime minister, would offer the Australian prime minister a number of choices for the position. However, the Australian prime minister, acting in line with the principles of the Balfour Declaration permitting Dominion governments to look after their own affairs, insisted on the appointment of Isaacs. Although

King George V George V (George Frederick Ernest Albert; 3 June 1865 – 20 January 1936) was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 until his death in 1936. Born during the reign of his grandmother Qu ...

disapproved of Isaacs, the

1930 Imperial Conference The 1930 Imperial Conference was the sixth Imperial Conference bringing together the prime ministers of the dominions of the British Empire. It was held in London. The conference was notable for producing the Statute of Westminster, which establi ...

upheld the procedure under the declaration, and so the King appointed Isaacs. The other Dominions supported this demonstration of political independence.

Adoption

1937 bill

For a decade after its creation, adoption of the Statute was not seen as a priority for Australian governments. In June 1937, the Lyons Government introduced the ''Statute of Westminster Adoption Bill'' into the parliament, where it passed its

second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...

in the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...

. However, the bill lapsed when parliament was dissolved prior to the 1937 federal election. The government promised to reintroduce the bill in the 1937

speech from the throne A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a session is opened, outlining t ...

, but no further action was taken. The issue was occasionally raised in parliament, but adoption was seen as non-urgent. In introducing the 1937 bill, Attorney-General

Robert Menzies The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honou ...

said that adopting the Statute had only "relatively minor advantages" and would alter Australia's existing constitutional arrangements "to a very trifling extent". He observed that "the real and administrative legislative independence of Australia has never been challenged since the Commonwealth was created", and said the primary reason for adopting the Statute was to bring Australia "into line uniformly with the other dominions" who had already adopted it.

1942 bill

John Curtin John Curtin (8 January 1885 – 5 July 1945) was an Australian politician who served as the 14th prime minister of Australia from 1941 until his death in 1945. He led the country for the majority of World War II, including all but the last few ...

, who became prime minister eight weeks before the

Imperial Japanese Navy The Imperial Japanese Navy (IJN; Kyūjitai: Shinjitai: ' 'Navy of the Greater Japanese Empire', or ''Nippon Kaigun'', 'Japanese Navy') was the navy of the Empire of Japan from 1868 to 1945, when it was dissolved following Japan's surrender ...

attack on Pearl Harbor The attack on Pearl HarborAlso known as the Battle of Pearl Harbor was a surprise military strike by the Imperial Japanese Navy Air Service upon the United States against the naval base at Pearl Harbor in Honolulu, Territory of Hawaii ...

, was finally prompted to adopt the Statute in 1942 after the

Fall of Singapore The Fall of Singapore, also known as the Battle of Singapore,; ta, சிங்கப்பூரின் வீழ்ச்சி; ja, シンガポールの戦い took place in the South–East Asian theatre of the Pacific War. The Empire ...

and the sinking of HMS ''Prince of Wales'' and HMS ''Repulse''. Prior conservative governments had asserted that British military forces would be able to protect Australia, but Curtin, along with External Affairs Minister Dr H. V. Evatt, thought that focusing on an alliance with the United States would be more valuable. Before the 1940s, the United Kingdom had managed Australia's foreign relations as a matter of course. Curtin's decision to formally adopt the Statute of Westminster in late 1942 was a demonstration to the international community that Australia was an independent nation. The immediate prompt for the adoption of the Statute of Westminster was the death sentence imposed on two homosexual Australian sailors for the murder of their crewmate committed on HMAS ''Australia'' in 1942. Since 7 November 1939, the Royal Australian Navy had operated subject to British imperial law, under which the two men were sentenced to death. It was argued that this would not have been their sentence if Australian law had applied, but the only way for the Australian government to get the sentences altered was by directly petitioning the King, who commuted them to life imprisonment. Adopting the Statute of Westminster, so that Australia became able to amend applicable imperial law, avoided a potential repetition of this situation. The men's sentences were later further reduced.

Provisions of the Act

The act had just three sections, one setting out the

short title In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. T ...

, one declaring that the Act was to come into operation as soon as it received

, and one declaring that the Statute of Westminster had been adopted, and was considered to have had effect since 3 September 1939, the beginning of

. For a simple Act, it had a significant effect. Section 2 of the Statute of Westminster abrogated the effect of the

Colonial Laws Validity Act The Colonial Laws Validity Act 1865 (28 & 29 Vict. c. 63) is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws". The purpose of the Act was to remove any apparent inco ...

of 1865, and adopting it meant that laws made by the

Parliament of Australia The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor- ...

which were repugnant to British laws were no longer invalid. Section 4 of the Statute provided that laws made by the Parliament of the United Kingdom would only have effect on a Dominion at the request of the government of that Dominion. Section 5 of the Statute removed British control over

merchant shipping Maritime transport (or ocean transport) and hydraulic effluvial transport, or more generally waterborne transport, is the transport of people ( passengers) or goods (cargo) via waterways. Freight transport by sea has been widely used thro ...

in Australian waters. Section 6 removed the British monarch's power to reserve certain legislation for his or her own consideration, rather than simply allowing the Governor-General to give the Royal Assent on the monarch's behalf.

References

* * * {{DEFAULTSORT:Statute Of Westminster Adoption Act 1942 Acts of the Parliament of Australia 1942 in Australian law 1942 in international relations Australia–United Kingdom relations