Australian Capital Territory
Colonial Laws Validity Act 1865 28 and 29 Vic c 63 
Republication No 1
Republication date: 5 July 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Colonial Laws Validity Act 1865 28 and 29 Vic c 63 as in force on 5 July 2002.  It includes any commencement, repeal or expiry affecting the republished law and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Colonial Laws Validity Act 1865 28 and 29 Vic c 63

Contents
	Page
	1	Definitions for Act	2
	2	Colonial laws, when void for repugnancy	2
	3	Colonial laws, when not void for repugnancy	3
	4	Colonial laws not void for inconsistency with instructions to governors	3
Endnotes
	1	About the endnotes	4
	2	Abbreviation key	4
	3	Legislation history	5
	4	Amendment history	5

Australian Capital Territory
Colonial Laws Validity Act 1865 28 and 29 Vic c 63

An Act to remove doubts about the validity of colonial laws

    

1	Definitions for Act
colonial law includes laws made for any colony either by its legislature or by Her Majesty in council:
		an Act of Parliament, or any provision of it, shall, in construing this Act, be said to extend to any colony when it is made applicable to the colony by the express words or necessary intendment of any Act of Parliament.
colony includes all of Her Majesty’s possessions abroad in which there shall exist a legislature except the Channel Islands, the Isle of Man and such Territories as may for the time being be vested in Her Majesty under or by virtue of any Act of Parliament for the government of India.
governor means the officer lawfully administering the government of any colony.
legislature and colonial legislature mean the authority, other than the Imperial Parliament or Her Majesty in Council, competent to make laws for any colony.
letters patent means letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland.
representative legislature means any colonial legislature that shall comprise a legislative body of which 1/2 are elected by inhabitants of the colony.
2	Colonial laws, when void for repugnancy
Any colonial law which is or shall be in any respect repugnant to the provisions of any Act of Parliament extending to the colony to which such law may relate, or repugnant to any order or regulation made under authority of such Act of Parliament, or having in the colony the force and effect of such Act, shall be read subject to such Act, order or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative.
3	Colonial laws, when not void for repugnancy
No colonial law shall be or be deemed to have been void or inoperative on the ground of repugnancy to the law of England, unless the same shall be repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.
4	Colonial laws not void for inconsistency with instructions to governors
No colonial law passed with the concurrence of or assented to by the governor of any colony, or to be hereafter so passed or assented to, shall be, or be deemed to have been, void or inoperative by reason only of any instructions with reference to such law or the subject thereof which may have been given to such governor by or on behalf of Her Majesty, by any instrument other than the letters patent or instrument authorising such governor to concur in passing or to assent to laws for the peace, order, and good government of such colony, even though such instructions may be referred to in such letters patent or lastmentioned instrument.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history

This Act was originally a UK Act—Colonial Laws Validity Act, 1865 28 and 29 Vic c 63 (UK).  The Act was renamed as the Colonial Laws Validity Act 1865 when it was first republished under the Legislation Act 2001
The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former UK laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
Under the Interpretation Act 1967 (repealed), s 65 all former UK Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former UK Acts fully into ACT laws.
Colonial Laws Validity Act 1865 28 and 29 Vic c 63
as amended by
Imperial Acts Application Act 1986 No 93 s 5 and sch 3 pt 23
notified 12 January 1987 (Cwlth Gaz 1986 No S1)
s 5 and sch 3 pt 23 commenced 12 January 1987 ( s 2 (1))
4	Amendment history
The Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 23 set out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT (see 1986 Act, s 5 (1), (4) and (5)).
The Commonwealth Parliament ceased to be bound by this Act after 3 September 1939 under the Statute of Westminster Adoption Act 1942 (Cwlth).  The Australia Act 1986 (Cwlth), section 3 (1) provides that this Act does not apply to a law made by a State Parliament on or after 3 March 1986.  The Act is now only of historical significance.
Sections 5 and 6 were omitted by the 1986 Act because they were inconsistent with other laws of the ACT.  They dealt with establishing courts in a colony, amending the constitution of a colony and evidence of making colonial laws.
Section 7 was omitted by the 1986 Act because it related only to South Australia.
This Act has not been amended since the enactment of the 1986 Act, except under the Legislation Act 2001.
Name of Act
	am R1 LA

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002