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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Succession to the Crown Bill 2015
No. , 2015
(Prime Minister)
A Bill for an Act to change the law relating to royal
succession and royal marriages, and for related
purposes
No. , 2015
Succession to the Crown Bill 2015
i
Contents
Part 1--Preliminary
2
1
Short title ........................................................................................... 2
2
Commencement ................................................................................. 2
3
Object of this Act ............................................................................... 3
4
Relationship with Sovereign not affected .......................................... 3
5
Definition of Crown ........................................................................... 3
Part 2--Succession to the Crown not to depend on gender
4
6
Succession to the Crown not to depend on gender ............................ 4
Part 3--Marriage and succession to the Crown
5
7
Removal of disqualification arising from marriage to a
Roman Catholic ................................................................................. 5
8
Disqualification arising from marriage .............................................. 5
9
Amendments and repeal relating to marriage and succession
to the Crown ...................................................................................... 5
Part 4--Other modifications of parts of the law of the
Commonwealth, States and Territories
6
10
References to Bill of Rights and Act of Settlement ........................... 6
11
Union legislation affected by this Act................................................ 6
Part 5--Repeal or amendment of this Act
7
12
Repeal or amendment of this Act ....................................................... 7
Schedule 1--Further provisions relating to marriage and
succession to the Crown
8
Part 1--Amendments relating to marriage to a Roman Catholic
8
Act of Settlement
8
Bill of Rights
8
Part 2--Repeal of the Royal Marriages Act 1772
9
No. , 2015
Succession to the Crown Bill 2015
1
A Bill for an Act to change the law relating to royal
1
succession and royal marriages, and for related
2
purposes
3
Preamble
4
On 28 October 2011, representatives of nations of which Her
5
Majesty is the Sovereign agreed that the rules on succession to, and
6
possession of, the Crown should be changed so as to make
7
succession not depend on gender and to end the disqualification
8
arising from marrying a Roman Catholic.
9
The United Kingdom has further proposed to disqualify certain
10
persons from succeeding to the Crown as a result of marriage, to
11
repeal the Royal Marriages Act 1772 and to validate certain
12
marriages made void by that Act.
13
Part 1 Preliminary
Section 1
2
Succession to the Crown Bill 2015
No. , 2015
For the purposes of paragraph 51(xxxviii) of the Constitution the
1
Parliaments of all the States have requested the Parliament of the
2
Commonwealth of Australia to enact an Act in the terms, or
3
substantially in the terms, of this Act.
4
The Parliament of Australia therefore enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the Succession to the Crown Act 2015.
9
2 Commencement
10
(1) Each provision of this Act specified in column 1 of the table
11
commences, or is taken to have commenced, in accordance with
12
column 2 of the table. Any other statement in column 2 has effect
13
according to its terms.
14
15
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3, 4
and 5
The day this Act receives the Royal Assent.
3. Parts 2, 3 and
4
A time and day, or times and days, to be
fixed by Proclamation.
4. Part 5
The day this Act receives the Royal Assent.
5. Schedule 1
A time and day, or times and days, to be
fixed by Proclamation.
Preliminary Part 1
Section 3
No. , 2015
Succession to the Crown Bill 2015
3
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 Object of this Act
7
The main object of this Act is to change the law relating to the
8
effect of gender and marriage on royal succession, consistently
9
with changes made to that law in the United Kingdom, so that the
10
Sovereign of Australia is the same person as the Sovereign of the
11
United Kingdom.
12
4 Relationship with Sovereign not affected
13
This Act is not intended to affect the relationship between the
14
Sovereign and the Commonwealth, the States and the Territories as
15
existing immediately before its enactment.
16
5 Definition of Crown
17
In this Act:
18
Crown means the Crown in all of its capacities.
19
Part 2 Succession to the Crown not to depend on gender
Section 6
4
Succession to the Crown Bill 2015
No. , 2015
Part 2--Succession to the Crown not to depend on
1
gender
2
3
6 Succession to the Crown not to depend on gender
4
In determining the succession to the Crown, the gender of a person
5
born after 28 October 2011 (by United Kingdom time) does not
6
give that person, or that person's descendants, precedence over any
7
other person (whenever born).
8
Marriage and succession to the Crown Part 3
Section 7
No. , 2015
Succession to the Crown Bill 2015
5
Part 3--Marriage and succession to the Crown
1
2
7 Removal of disqualification arising from marriage to a Roman
3
Catholic
4
(1) A person is not disqualified from succeeding to the Crown or from
5
possessing it as a result of marrying a person of the Roman
6
Catholic faith.
7
(2) Subsection (1) applies in relation to marriages occurring before the
8
commencement of this section if the person concerned is alive at
9
that commencement (as well as in relation to marriages occurring
10
after that commencement).
11
8 Disqualification arising from marriage
12
A person is disqualified from succeeding to the Crown if the
13
person is disqualified by subsection 3(3) of the Succession to the
14
Crown Act 2013 of the United Kingdom, as in force at the
15
commencement of this section, from succeeding to the Crown in
16
right of the United Kingdom.
17
9 Amendments and repeal relating to marriage and succession to the
18
Crown
19
Each Act of England or Great Britain that is specified in
20
Schedule 1, so far as that Act is part of the law of the
21
Commonwealth, a State or a Territory, is amended or repealed as
22
set out in the applicable items in Schedule 1, and any other item in
23
Schedule 1 has effect according to its terms.
24
Part 4 Other modifications of parts of the law of the Commonwealth, States and
Territories
Section 10
6
Succession to the Crown Bill 2015
No. , 2015
Part 4--Other modifications of parts of the law of
1
the Commonwealth, States and Territories
2
3
10 References to Bill of Rights and Act of Settlement
4
References, however expressed, in any law that forms part of the
5
law of the Commonwealth or a Territory, to the provisions of the
6
Bill of Rights or the Act of Settlement relating to succession to, or
7
possession of, the Crown are to be read as including references to
8
the provisions of this Act.
9
11 Union legislation affected by this Act
10
So far as they are part of the law of the Commonwealth, a State or
11
a Territory, the following are subject to this Act:
12
(a) Article II of the Union with Scotland Act 1706 of England;
13
(b) Article II of the Union with England Act 1707 of Scotland;
14
(c) Article Second of the Union with Ireland Act 1800 of Great
15
Britain;
16
(d) Article Second of the Act of Union (Ireland) 1800 of Ireland.
17
Repeal or amendment of this Act Part 5
Section 12
No. , 2015
Succession to the Crown Bill 2015
7
Part 5--Repeal or amendment of this Act
1
2
12 Repeal or amendment of this Act
3
This Act may be expressly or impliedly repealed or amended only
4
by an Act passed at the request or with the concurrence of the
5
Parliaments of all the States.
6
Schedule 1 Further provisions relating to marriage and succession to the Crown
Part 1 Amendments relating to marriage to a Roman Catholic
8
Succession to the Crown Bill 2015
No. , 2015
Schedule 1
--Further provisions relating to
1
marriage and succession to the Crown
2
Part 1
--Amendments relating to marriage to a
3
Roman Catholic
4
Act of Settlement
5
1 Preamble
6
Omit "or marry a papist".
7
2 Preamble
8
Omit "or marrying".
9
3 Section 2
10
Omit "or shall marry a papist".
11
Bill of Rights
12
4 Section 1
13
Omit "or by any King or Queene marrying a papist".
14
5 Section 1
15
Omit "or shall marry a papist".
16
6 Section 1
17
Omit "or marrying".
18
7 Application of amendments
19
The amendments made by this Part apply in relation to marriages
20
occurring before the commencement of this Part if the person concerned
21
is alive at that commencement (as well as in relation to marriages
22
occurring after that commencement).
23
Further provisions relating to marriage and succession to the Crown Schedule 1
Repeal of the Royal Marriages Act 1772 Part 2
No. , 2015
Succession to the Crown Bill 2015
9
Part 2
--Repeal of the Royal Marriages Act 1772
1
8 The whole of the Act
2
Repeal the Act.
3
9 Validation of some marriages voided by the Royal
4
Marriages Act 1772
5
(1)
A marriage that was void under the Royal Marriages Act 1772 of Great
6
Britain, so far as that Act was part of the law of the Commonwealth, a
7
State or a Territory, is to be treated as never having been void if:
8
(a) neither party to the marriage was one of the 6 persons next in
9
the line of succession to the Crown at the time of the
10
marriage; and
11
(b) no consent was sought under section 1 of that Act, or notice
12
given under section 2 of that Act, in respect of the marriage;
13
and
14
(c) in all the circumstances it was reasonable for the person
15
concerned not to have been aware at the time of the marriage
16
that the Act applied to it; and
17
(d) no person acted, before the commencement of this item, on
18
the basis that the marriage was void.
19
(2)
Subitem (1) applies for all purposes except those relating to succession
20
to the Crown.
21
22