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Succession to the Crown Bill 2013
SUCCESSION TO THE CROWN BILL 2013
Explanatory Notes
for
Amendments to be moved during consideration in
detail by the Honourable JARROD BLEIJIE MP
Attorney-General and Minister for Justice
Short title
The short title of the Bill is the Succession to the Crown Bill 2013.
Policy objectives of the amendments and the reasons
for them
The objectives of the amendments are to:
(i) amend the Bill to also include a request under section 51(xxxviii) of the
Constitution for the Commonwealth Parliament to enact a law implementing
the same reforms as provided for in the Bill;
(ii) align the succession to the Crown gender amendments to United Kingdom
time;
(iii) resolve an ambiguity in the amendment dealing with validation of marriages
voided by the Royal Marriages Act 1772; and
(iv) deal with the Union with Scotland Act 1706 of England and the Union with
England Act 1707 of Scotland in a way that is consistent with how the Union
with Ireland Act 1800 of Great Britain and the Act of Union (Ireland) 1800 of
Ireland are dealt with under the Bill.
Achievement of policy objectives
The objectives are achieved by way amendments to the Bill as described below.
Alternative ways of achieving policy objectives
There is no alternative way to achieve the objectives.
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Succession to the Crown Bill 2013
Estimated cost for government implementation
There are no costs associated with these amendments.
Consistency with fundamental legislative principles
The amendments are consistent with fundamental legislative principles.
Consultation
There has been some consultation with the Department of the Prime Minister and
Cabinet and with the Parliamentary Counsel's Committee. There has not been any
consultation outside Government on the amendments.
Notes on provisions
Amendment 1 amends the Preamble to the Bill to refer to the expediency of requesting
the Parliament of the Commonwealth to enact under section 51(xxxviii) of the
Constitution of the Commonwealth, an Act in the terms, or substantially in the terms,
set out in schedule 1 as inserted by amendment 10.
Amendment 2 deletes the word `being' in clause 4 of the Bill (Objects of this Act)
because it is unnecessary given Queensland's understanding that the amendments in
the various Australian jurisdictions and the United Kingdom are proposed to
commence at the same time.
Amendment 3 makes a further amendment to the wording in clause 4 (Objects of this
Act) regarding the Sovereign so that it is consistent with the equivalent clause in the
schedule being inserted by amendment 10.
Amendment 4 amends clause 5 of the Bill (Relationship with Sovereign not affected)
consequential to a new section 13A being inserted by amendment 9 and is consistent
with the equivalent provision of the model State Request Bill developed for the
Council of Australian Governments (COAG) Working Group on Royal Succession.
Amendment 5 amends clause 6 of the Bill (Succession to the Crown not to depend on
gender) to provide that the date, 28 October 2011 referred to in the clause, is
determined by United Kingdom time. This is consistent with the equivalent clause in
the schedule being inserted by amendment 10.
Amendment 6 amends clause 8 of the Bill (Disqualification arising from marriage) so
that it is consistent with the equivalent clause in the schedule being inserted by
amendment 10.
Amendment 7 amends clause 10 of the Bill (Validation of some marriages voided by
the Royal Marriages Act 1772) by omitting existing clause 10(1)(d), which is
ambiguous, and inserting a new clause 10(1)(d). The amendment is consistent with
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Succession to the Crown Bill 2013
the equivalent section in the Succession to the Crown Act 2013 recently passed by the
United Kingdom Parliament and the equivalent clause in the schedule being inserted
by amendment 10.
Amendment 8 amends clause 12 of the Bill (References to Bill of Rights and Act of
Settlement) to also refer to the Act of the Commonwealth Parliament being requested
under new section 13A as inserted by amendment 9. This is consistent with the model
State request Bill developed for the COAG Working Group on Royal Succession and
new section 13A being inserted by amendment 9.
Amendment 9:
· Omits clause 13 of the Bill (Union with Ireland Act 1800 of Great Britain and Act
of Union (Ireland) 1800 of Ireland affected by this Act) to insert a new clause 13
(Union legislation affected by this Act) which provides that so far as they are part
of the law of the State, the union legislation referred to in the amendment relating
to both Scotland and Ireland are subject to the Act.
This change has the effect of treating Article II of the Union with Scotland Act
1706 of England and Article II of the Union with England Act 1707 of Scotland in
a way that is consistent with the Bill's current treatment of the Union with Ireland
Act 1800 of Great Britain and the Act of Union (Ireland) 1800 of Ireland. Part of
amendment 10 is consequential to this amendment.
The amendment will make the approach to the union legislation relating to both
Scotland and Ireland consistent with the approach in the Succession to the Crown
Act 2013 recently passed by the United Kingdom Parliament, and the equivalent
clause in the schedule being inserted by amendment 10.
· Inserts new section 13A which provides that the Queensland Parliament requests
the enactment by the Parliament of the Commonwealth of an Act in the terms, or
substantially the terms, set out in schedule 1. New schedule 1 is inserted by
amendment 10. The request is made pursuant to section 51(xxxviii) of the
Commonwealth Constitution. New section 13A(2) provides the request to the
Commonwealth Parliament is not affected or limited in any way by any other
provision of this Act.
Amendment 10:
· Omits Part 6 Division 3 (Amendment of Union with England Act 1707) and Part 6
Division 4 (Amendment of Union with Scotland Act 1706) consequential to the
insertion of new clause 13 by amendment 9.
· Inserts schedule 1 consequential to the insertion of new section 13A by
amendment 9. The schedule outlines the terms of the legislation that the
Queensland Parliament is requesting the Commonwealth Parliament to enact. The
provisions in the schedule are similar to the existing provisions of the Bill and are
based on proposed Commonwealth legislation.
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Succession to the Crown Bill 2013
Amendment 11 amends to the Bill's Long Title to reflect the amendments being made
to the Bill.
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