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Succession to the Crown Bill 2013
Succession to the Crown Bill 2013
Explanatory Notes
Short title
The short title of the Bill is the Succession to the Crown Bill 2013.
Policy objectives and the reasons for them
The objective of the Bill is to change the law relating to the effect of gender and marriage on
royal succession, consistently with changes being made to that law in other Australian
jurisdictions and in the United Kingdom, so that the same person is Sovereign of Australia
and of the United Kingdom.
At a Commonwealth Heads of Government meeting in October 2011, the leaders of the 16
Realms of which the Sovereign is Head of State agreed to two reforms to the rules of royal
succession.
The Australian, States and Territories Governments have agreed to support the following
three reforms to the rules on royal succession proposed by the government of the United
Kingdom:
· To allow for succession regardless of gender;
· To remove the bar on succession for an heir and successor of the Sovereign who marries a
Roman Catholic; and
· To limit the requirement for the Sovereign's consent to the marriage of a descendant of
King George II to the first six persons in line to the throne.
The Bill gives effect in Queensland to the proposed changes to the rules of royal succession.
Achievement of policy objectives
The Bill will achieve its policy objectives by:
· Allowing for succession regardless of gender.
· Removing the bar on succession for an heir and successor of the Sovereign who marries a
Roman Catholic.
· Repealing the Royal Marriages Act 1772 of Great Britain; limiting the requirement for the
Sovereign's consent to the marriage of a descendant of King George II to the first six
persons in line to the throne; and repealing the Act so far as it is part of the law of the
State.
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Succession to the Crown Bill 2013
The Bill will make consequential amendments to other legislation.
Alternative ways of achieving policy objectives
The policy objectives could also be achieved by an approach under section 51(xxxviii) of the
Australian Constitution, involving State legislation requesting the changes to be made by a
Commonwealth law.
Under this option each State would pass legislation (the request legislation) that requests the
enactment by the Parliament of the Commonwealth of an Act to give effect to the required
changes to the royal succession rules. The proposed Commonwealth Act would be attached to
each State's request legislation.
The Commonwealth would then enact the legislation in the terms attached to each State's
request legislation.
Estimated cost for government implementation
There will be no costs to Government for implementation of the Bill.
Consistency with fundamental legislative principles
A potential breach of fundamental legislative principles is addressed below.
The weight of legal and academic opinion is that a referral under section 51(xxxviii) of the
Australian Constitution is the most constitutionally sound approach.
The Queensland Government has decided that Queensland is to give effect to the proposed
changes to the rules of royal succession in line with an approach involving separate,
substantially uniform and coordinated State legislation and complementary Commonwealth
legislation, by introducing a separate Queensland Bill.
Consultation
Crown Law and the Office of the Queensland Parliamentary Counsel have been consulted on
the development of the Bill.
Consistency with legislation of other jurisdictions
The Bill is specific to the State of Queensland.
However, the Australian and other State and Territory Governments have agreed to support
reforms to the rules on royal succession proposed by the United Kingdom.
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Succession to the Crown Bill 2013
Notes on provisions
Part 1 Preliminary
Clause 1 sets out the short title of the Bill.
Clause 2 provides that the Act will commence on a day to be fixed by proclamation.
Clause 3 defines `Crown' to mean the Crown in all of its capacities in respect to which the
Parliament of the State has the power to legislate.
Clause 4 establishes the main object of the Act is to change the law relating to the effect of
gender and marriage on royal succession, consistently with changes being made to that law in
other Australian jurisdictions and in the United Kingdom, so that the same person is the
Sovereign of Australia and of the United Kingdom.
Clause 5 provides that the Act is not intended to affect the relationship between the
Sovereign and the State as existing immediately before the Act's commencement.
Part 2 Succession to the Crown not to depend on gender
Clause 6 provides that, in determining the succession to the Crown, the gender of a person
born after 28 October 2011 does not give that person, or that person's descendants,
precedence over any other person (whenever born). This date has been chosen as it is the
date that the United Kingdom, and the 15 other Commonwealth Realms of which Her
Majesty the Queen is also Head of State, agreed to changes so as to make royal succession
not depend on gender.
Part 3 Marriage and succession to the Crown
Clause 7 removes the disqualification from succeeding to the Crown or from possessing it as
a result of marrying a person of the Roman Catholic faith. The removal of the
disqualification applies in relation to marriages occurring before the commencement of the
clause if the person concerned is alive at the commencement of the clause.
Clause 8 provides that a person is disqualified from succeeding to the Crown if the person is
disqualified from succession by section 3(3) of the Succession to the Crown Act 2013 of the
United Kingdom as in force at the commencement of this clause.
Clause 9 repeals the Royal Marriages Act 1772 of Great Britain, so far as the Act is part of
the law of Queensland.
Clause 10 validates some marriages that were voided by the Royal Marriages Act 1772 of
Great Britain, so far as the Act is part of the law of Queensland before its repeal by clause 9.
The clause states that a marriage is to be treated as never having been void if-
· neither party to the marriage was one of the six persons next in line of succession to
the Crown at the time of the marriage; and
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Succession to the Crown Bill 2013
· no consent was sought under section 1 of the Royal Marriages Act 1772 of Great
Britain, or notice given under section 2 of that Act, in respect of the marriage; and
· in all the circumstances it was reasonable for the person concerned not to have been
aware at the time of the marriage that the Royal Marriages Act 1772 of Great Britain
applied to it; and
· no person acted on the basis that the marriage was void before the commencement of
this subsection.
This clause applies for all purposes except those relating to succession to the Crown.
Clause 11 clarifies that any amendment made by part 6 of the Bill applies in relation to
marriages occurring before the commencement of that part if the person concerned is alive at
that commencement (as well as in relation to marriages occurring after that commencement).
The clause also clarifies that references to an Act in part 6 are to that Act so far as it is part of
the law of Queensland.
Part 4 General
Clause 12 provides that references to the provisions of the Bill of Rights or the Act of
Settlement relating to the succession to, or possession of, the Crown are to be read as
including references to the provisions of this Act.
Clause 13 provides that Article Second of the Union with Ireland Act 1800 of Great Britain
and Article Second of the Act of Union (Ireland) 1800 of Ireland, so far as they are part of the
law of Queensland, are subject to this Act.
Part 5 Amendment of Imperial Acts Application Act 1984
Clause 14 states that this part amends the Imperial Acts Application Act 1984.
Clause 15 makes an amendment to Schedule 1 of the Imperial Acts Application Act 1984.
Part 6 Amendment of Other Acts
Division 1 Amendment of Act of Settlement
Clause 16 provides that this division amends the Act of Settlement passed by the Parliament
of England.
Clause 17 amends the preamble of the Act of Settlement passed by the Parliament of England
by omitting `or marry a papist' and `or marrying'.
Clause 18 amends section 2 of the Act of Settlement passed by the Parliament of England by
omitting `or shall marry a papist'.
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Succession to the Crown Bill 2013
Division 2 Amendment of Bill of Rights
Clause 19 provides that this division amends the Bill of Rights passed by the Parliament of
England.
Clause 20 amends section 1 of the Bill of Rights passed by the Parliament of England by
omitting `or by any King or Queene marrying a papist', `or shall marry a papist' and `or
marrying'. This removes all references to marriage to a Roman Catholic as a bar on
succession to the Crown.
Division 3 Amendment of Union with England Act 1707
Clause 21 provides that this division amends the Union with England Act 1707 passed by the
Parliament of Scotland.
Clause 22 amends article II of the Union with England Act 1707 passed by the Parliament of
Scotland by omitting `and persons marrying papists' and `or person marrying a papist'. This
removes all references to marriage to a Roman Catholic as a bar on succession to the Crown.
Division 4 Amendment of Union with Scotland Act 1706
Clause 23 provides that this division amends the Union with Scotland Act 1706 passed by the
Parliament of England.
Clause 24 amends article II of the Union with Scotland Act 1706 passed by the Parliament of
England by omitting `and persons marrying papists' and `or person marrying a papist'. This
removes all references to marriage to a Roman Catholic as a bar on succession to the Crown.
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