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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Crown References Amendment Bill 2023
No. , 2023
(Prime Minister and Cabinet)
A Bill for an Act to amend legislation so as to
update certain references associated with the
Crown, and for related purposes
No. , 2023
Crown References Amendment Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
Acts Interpretation Act 1901
3
Administrative Appeals Tribunal Act 1975
3
A New Tax System (Goods and Services Tax) Act 1999
3
Archives Act 1983
3
Australian Capital Territory (Self-Government) Act 1988
3
Australian Security Intelligence Organisation Act 1979
4
Copyright Act 1968
4
Customs Act 1901
4
Defence Act 1903
4
Defence Force Discipline Act 1982
5
Defence Force Discipline Appeals Act 1955
5
Defence Service Homes Act 1918
5
Defence (Special Undertakings) Act 1952
5
Director of Public Prosecutions Act 1983
6
Explosives Act 1961
6
Fair Work Act 2009
6
Federal Court of Australia Act 1976
6
High Court of Australia Act 1979
7
Income Tax Assessment Act 1997
7
Judiciary Act 1903
7
Marriage Act 1961
7
Norfolk Island Act 1979
8
Northern Territory (Self-Government) Act 1978
8
Parliamentary Counsel Act 1970
8
Royal Commissions Act 1902
9
Royal Powers Act 1953
9
Superannuation Act 1922
9
ii
Crown References Amendment Bill 2023
No. , 2023
Transfer of Prisoners Act 1983
9
Veterans' Entitlements Act 1986
10
No. , 2023
Crown References Amendment Bill 2023
1
A Bill for an Act to amend legislation so as to
1
update certain references associated with the
2
Crown, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Crown References Amendment Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Crown References Amendment Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1
Amendments
No. , 2023
Crown References Amendment Bill 2023
3
Schedule
1--Amendments
1
2
Acts Interpretation Act 1901
3
1 Section 2B
4
Insert:
5
Senior Counsel
includes:
6
(a) if the Sovereign is a King
--
King
'
s Counsel; and
7
(b) if the Sovereign is a Queen
--
Queen
'
s Counsel.
8
Administrative Appeals Tribunal Act 1975
9
2 Schedule 2
10
Omit "Her Majesty Queen Elizabeth the Second, her Heirs and
11
Successors according to law, that I will truly serve Her", substitute
12
"
(insert name of the Sovereign)
,
(insert applicable pronoun, such as
13
'His' or 'Her'
)
Heirs and Successors according to law, that I will truly
14
serve
(insert applicable pronoun, such as
'Him' or 'Her'
)
".
15
A New Tax System (Goods and Services Tax) Act 1999
16
3 Paragraph 38-505(1)(a)
17
Omit "Her Majesty", substitute "the Sovereign".
18
Archives Act 1983
19
4 Subsection 3(1) (definition of
Royal Commission
)
20
Omit "the Queen", substitute "the Sovereign".
21
Australian Capital Territory (Self
-
Government) Act 1988
22
5 Schedule 1
23
Omit "Her Majesty Queen Elizabeth, Her" (wherever occurring),
24
substitute "
(insert name of the Sovereign)
,
(insert applicable pronoun,
25
such as
'
His
'
or
'
Her
'
)
".
26
Schedule 1
Amendments
4
Crown References Amendment Bill 2023
No. , 2023
Australian Security Intelligence Organisation Act 1979
1
6 Subparagraph 34AD(1)(c)(iv)
2
Omit "a Queen's Counsel or".
3
7 At the end of subsection 34AD(1)
4
Add:
5
Note:
Senior Counsel
is given an extended meaning by section 2B of the
6
Acts Interpretation Act 1901
.
7
Copyright Act 1968
8
8 Subsections 211(1) and 220(1)
9
Omit "Queen's dominions", substitute "Sovereign's dominions".
10
9 Schedule
11
Omit
"Her Majesty Queen Elizabeth the Second, Her Heirs and
12
Successors according to law, that I will well and truly serve Her"
13
(wherever occurring), substitute "
(insert name of the Sovereign)
,
(insert
14
applicable pronoun, such as
'His' or 'Her'
)
Heirs and Successors
15
according to law, that I will well and truly serve
(insert applicable
16
pronoun, such as
'Him' or 'Her'
)
".
17
Customs Act 1901
18
10 Sections 274 and 275
19
Omit "His Majesty", substitute "the Sovereign".
20
Defence Act 1903
21
11 Subsection 4(1) (definition of
Service Decoration
)
22
Omit "Queen's dominions", substitute "Sovereign's dominions".
23
12 Subparagraph 124(1)(nc)(i)
24
Omit "King's dominions", substitute "Sovereign's dominions".
25
Schedule 1
Amendments
No. , 2023
Crown References Amendment Bill 2023
5
Defence Force Discipline Act 1982
1
13 Schedules 4 and 5
2
Omit "Her Majesty" (wherever occurring), substitute "
(insert applicable
3
pronoun, such as
'His' or 'Her'
)
Majesty
".
4
Defence Force Discipline Appeals Act 1955
5
14 Schedule
6
Omit "Her Majesty Queen Elizabeth the Second, Her heirs and
7
successors according to law, that I will well and truly
serve Her"
8
(wherever occurring), substitute "
(insert name of the Sovereign)
,
(insert
9
applicable pronoun, such as
'His' or 'Her'
)
Heirs and Successors
10
according to law, that I will well and truly serve
(insert applicable
11
pronoun, such as
'Him' or 'Her'
)
".
12
Defence Service Homes Act 1918
13
15 Subsection 4(1) (paragraphs (c) and (d) of the definition of
14
Australian Soldier
)
15
Omit "King's dominions", substitute "Sovereign's dominions".
16
16 Paragraph 4(2)(a)
17
Omit "Queen's dominions"
(wherever occurring), substitute
18
"Sovereign's dominions".
19
17 Subsection 4(2B)
20
Omit "King's dominions", substitute "Sovereign's dominions".
21
Defence (Special Undertakings) Act 1952
22
18 Paragraph 6(a)
23
Omit "Queen's dominions", substitute "Sovereign's dominions".
24
19 Subsection 7(1)
25
Omit "the Queen", substitute "the Sovereign".
26
Schedule 1
Amendments
6
Crown References Amendment Bill 2023
No. , 2023
20 Section 8
1
Omit "the Queen", substitute "the Sovereign".
2
Director of Public Prosecutions Act 1983
3
21 Schedule
4
Omit "Her Majesty Queen Elizabeth the Second, Her Heirs and
5
Successors according to law and that I will
well and truly serve Her"
6
(wherever occurring), substitute "
(insert name of the Sovereign)
,
(insert
7
applicable pronoun, such as
'His' or 'Her'
)
Heirs and Successors
8
according to law and that I will well and truly serve
(insert applicable
9
pronoun, such as
'Him' or 'Her'
)
".
10
Explosives Act 1961
11
22 Section 8
12
Omit "Queen's dominions", substitute "Sovereign's dominions".
13
Fair Work Act 2009
14
23 Subparagraph 115(1)(a)(vi)
15
Omit "Queen's birthday holiday", substitute "holiday for the birthday of
16
the Sovereign".
17
Federal Court of Australia Act 1976
18
24 Schedule
19
Omit "Her Majesty Queen Elizabeth the Second, Her Heirs and
20
Successors according to law, that I will well and truly serve Her",
21
substitute "
(insert name of the Sovereign)
,
(insert applicable pronoun,
22
such as
'His' or 'Her'
)
Heirs and Successors according to law, that I
23
will well and truly serve
(insert applicable pronoun, such as
'Him' or
24
'Her'
)
".
25
Schedule 1
Amendments
No. , 2023
Crown References Amendment Bill 2023
7
High Court of Australia Act 1979
1
25 Paragraph 33(a)
2
Omit "the Queen", substitute "the Sovereign".
3
26 Schedule
4
Omit
"Her
Majesty Queen Elizabeth the Second, Her Heirs and
5
Successors according to law, that I will well and truly serve Her",
6
substitute "
(insert name of the Sovereign)
,
(insert applicable pronoun,
7
such as
'His' or 'Her'
)
Heirs and Successors according to law, that I
8
will well and truly serve
(insert applicable pronoun, such as
'Him' or
9
'Her'
)
".
10
Income Tax Assessment Act 1997
11
27 Subsection 30-50(1) (table item 5.1.2)
12
Omit "Her Majesty's dominions", substitute "the Sovereign's
13
dominions".
14
28 Subsection 30-50(1) (table item 5.1.2)
15
Omit "Her Majesty's armed forces", substitute "the Sovereign's armed
16
forces".
17
Judiciary Act 1903
18
29 Subsection 69(2)
19
Omit "the Queen's", substitute "the Sovereign's".
20
Marriage Act 1961
21
30 Subsection 5(1) (definition of
overseas country
)
22
Omit "Queen's dominions", substitute "Sovereign's dominions".
23
31 Subsection 5(1) (definition of
the Queen's dominions
)
24
Repeal the definition.
25
Schedule 1
Amendments
8
Crown References Amendment Bill 2023
No. , 2023
32 Subsection 5(1)
1
Insert:
2
the Sovereign's
dominions
includes a British protectorate and a
3
British protected State.
4
33 Subsection 71(2)
5
Omit "Queen's dominions", substitute "Sovereign's dominions".
6
Norfolk Island Act 1979
7
34 Schedule 4
8
Omit "Her Majesty Queen Elizabeth, Her heirs and successors
9
according to law, that I will well and truly serve Her" (whereve
r
10
occurring), substitute "
(insert name of the Sovereign)
,
(insert applicable
11
pronoun, such as
'His' or 'Her'
)
Heirs and Successors according to
12
law, that I will well and truly serve
(insert applicable pronoun, such as
13
'Him' or 'Her'
)
".
14
Northern Territory (Self
-
Government) Act 1978
15
35 Schedule 2
16
Omit "Her Majesty Queen Elizabeth, Her" (wherever occurring),
17
substitute "
(insert name of the Sovereign), (insert applicable pronoun,
18
such as
'His' or 'Her'
)
".
19
36 Schedule 6
20
Omit "Lady the Queen" (wherever occurrin
g).
21
Parliamentary Counsel Act 1970
22
37 Schedule
23
Omit "Her Majesty Queen Elizabeth the Second, Her Heirs and
24
Successors according to law and that I will well and truly serve Her"
25
(wherever occurring), substitute "
(insert name of the Sovereign)
,
(insert
26
applicable pronoun, such as
'His' or 'Her'
)
Heirs and Successors
27
according to law and that I will well and truly serve
(insert applicable
28
pronoun, such as
'Him' or 'Her'
)
".
29
Schedule 1
Amendments
No. , 2023
Crown References Amendment Bill 2023
9
Royal Commissions Act 1902
1
38 Section 1A
2
Omit "the King" (wherever occurring), substitute "the Sovereign".
3
39 Paragraph 16(1)(a)
4
Omit "the
King
", substitute "the Sovereign".
5
Royal Powers Act 1953
6
40 Title
7
Omit "
the Queen
", substitute "
the Sovereign
".
8
41 Section 2 (heading)
9
Omit "
the Queen
", substitute "
the Sovereign
".
10
42 Section 2
11
Omit
"the Queen" (wherever occurring), substitute "the Sovereign".
12
Superannuation Act 1922
13
43 Paragraph 147(2)(a)
14
Omit "King's dominions", substitute "Sovereign's dominions".
15
Transfer of Prisoners Act 1983
16
44 Paragraphs 3(17)(c) and (d)
17
Omit "the Queen", substitute "the Sovereign".
18
45 Subsections 24(2) and (3)
19
Omit "the Queen", substitute "the Sovereign".
20
Schedule 1
Amendments
10
Crown References Amendment Bill 2023
No. , 2023
Veterans' Entitlements Act 1986
1
46 Schedule 4
2
Omit "Her Majesty Queen Elizabeth the Second, Her heirs and
3
successors according to law, that I will well and
truly serve Her"
4
(wherever occurring), substitute "
(insert name of the Sovereign)
,
(insert
5
applicable pronoun, such as
'His' or 'Her'
)
Heirs and Successors
6
according to law, that I will well and truly serve
(insert applicable
7
pronoun, such as
'Him' or 'Her'
)
".
8