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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Succession to the Crown (Request) Bill
2013
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Object of this Act 2
4 Relationship with Sovereign not affected 2
Part 2 Request for Commonwealth legislation
5 Request for Commonwealth legislation 3
Part 3 General
6 Amendment of Imperial Acts Application Act 1969 No 30 4
7 References to Bill of Rights and Act of Settlement 4
b2013-058-33.d07
Succession to the Crown (Request) Bill 2013
Contents
Page
Appendix Succession to the Crown Act 2013 of the
Commonwealth 5
Contents page 2
New South Wales
Succession to the Crown (Request) Bill
2013
No , 2013
A Bill for
An Act to request the Parliament of the Commonwealth to enact under
section 51 (xxxviii) of the Constitution of the Commonwealth an Act to change the
law relating to royal succession and royal marriages; to amend the Imperial Acts
Application Act 1969; and for related purposes.
Clause 1 Succession to the Crown (Request) Bill 2013
Part 1 Preliminary
Preamble 1
(a) On 28 October 2011, representatives of nations of which Her Majesty is the 2
Sovereign agreed that the rules on succession to, and possession of, the Crown 3
should be changed so as to make succession not depend on gender and to end 4
the disqualification arising from marrying a Roman Catholic. 5
(b) The United Kingdom has further proposed to disqualify certain persons from 6
succeeding to the Crown as a result of marriage, to repeal the Royal Marriages 7
Act 1772 and to validate certain marriages made void by that Act. 8
(c) It is expedient to request the Parliament of the Commonwealth to change the 9
law relating to royal succession and royal marriages by legislating under 10
section 51 (xxxviii) of the Constitution of the Commonwealth in the terms, or 11
substantially in the terms, set out in the Appendix to this Act. 12
The Legislature of New South Wales therefore enacts: 13
Part 1 Preliminary 14
1 Name of Act 15
This Act is the Succession to the Crown (Request) Act 2013. 16
2 Commencement 17
(1) This Act (except sections 6 and 7) commences on the date of assent to 18
this Act. 19
(2) Section 6 commences on the day and time that section 6 of the Act of 20
the Commonwealth requested by section 5 of this Act commences. 21
(3) Section 7 commences on the day and time that section 10 of the Act of 22
the Commonwealth requested by section 5 of this Act commences. 23
3 Object of this Act 24
The main object of this Act is to facilitate the law relating to the effect 25
of gender and marriage on royal succession being changed uniformly 26
across Australia and consistently with changes made to that law in the 27
United Kingdom, so that the Sovereign of Australia is the same person 28
as the Sovereign of the United Kingdom. 29
4 Relationship with Sovereign not affected 30
It is not the intention of this Act to affect the relationship between the 31
Sovereign and the State as existing immediately before its enactment or 32
that that relationship be in any way affected by the enactment by the 33
Parliament of the Commonwealth of the Act requested by section 5. 34
Page 2
Succession to the Crown (Request) Bill 2013 Clause 5
Request for Commonwealth legislation Part 2
Part 2 Request for Commonwealth legislation 1
5 Request for Commonwealth legislation 2
The Parliament of the State requests the enactment by the Parliament of 3
the Commonwealth of an Act in the terms, or substantially in the terms, 4
set out in the Appendix to this Act. 5
Page 3
Clause 6 Succession to the Crown (Request) Bill 2013
Part 3 General
Part 3 General 1
6 Amendment of Imperial Acts Application Act 1969 No 30 2
(1) Second Schedule, Part 1 Constitutional enactments 3
Omit the entry relating to The Royal Marriages Act 1772. 4
(2) Second Schedule, Part 2 Criminal law--treason: piracy 5
Insert at the end of the second column of the entry relating to The 6
Treason Act 1351: 7
Succession to the Crown Act 2013 (United Kingdom). 8
7 References to Bill of Rights and Act of Settlement 9
References, however expressed, in any law that is part of the law of the 10
State, to the provisions of the Bill of Rights or the Act of Settlement 11
relating to the succession to, or possession of, the Crown are to be read 12
as including references to the provisions of this Act and of the 13
Succession to the Crown Act 2013 of the Commonwealth. 14
Page 4
Succession to the Crown (Request) Bill 2013
Succession to the Crown Act 2013 of the Commonwealth Appendix
Appendix Succession to the Crown Act 2013 of the 1
Commonwealth 2
An Act to change the law relating to royal succession 3
and royal marriages, and for related purposes. 4
Preamble 5
On 28 October 2011, representatives of nations of which Her Majesty is the 6
Sovereign agreed that the rules on succession to, and possession of, the Crown 7
should be changed so as to make succession not depend on gender and to end the 8
disqualification arising from marrying a Roman Catholic. 9
The United Kingdom has further proposed to disqualify certain persons from 10
succeeding to the Crown as a result of marriage, to repeal the Royal Marriages Act 11
1772 and to validate certain marriages made void by that Act. 12
For the purposes of paragraph 51(xxxviii) of the Constitution the Parliaments of all 13
the States have requested the Parliament of the Commonwealth of Australia to enact 14
an Act in the terms, or substantially in the terms, of this Act. 15
The Parliament of Australia therefore enacts: 16
Part 1 Preliminary 17
1 Short title 18
This Act may be cited as the Succession to the Crown Act 2013. 19
2 Commencement 20
(1) Each provision of this Act specified in column 1 of the table 21
commences, or is taken to have commenced, in accordance with 22
column 2 of the table. Any other statement in column 2 has effect 23
according to its terms. 24
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 and 2 and The day this Act receives
anything in this Act not the Royal Assent.
elsewhere covered by this
table
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Succession to the Crown (Request) Bill 2013
Appendix Succession to the Crown Act 2013 of the Commonwealth
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
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.
Note: This table relates only to the provisions of this Act as originally enacted. 1
It will not be amended to deal with any later amendments of this Act. 2
(2) Any information in column 3 of the table is not part of this Act. 3
Information may be inserted in this column, or information in it may be 4
edited, in any published version of this Act. 5
3 Object of this Act 6
The main object of this Act is to change the law relating to the effect of 7
gender and marriage on royal succession, consistently with changes 8
made to that law in the United Kingdom, so that the Sovereign of 9
Australia is the same person as the Sovereign of the United Kingdom. 10
4 Relationship with Sovereign not affected 11
This Act is not intended to affect the relationship between the Sovereign 12
and the Commonwealth, the States and the Territories as existing 13
immediately before its enactment. 14
5 Definition of Crown 15
In this Act: 16
Crown means the Crown in all of its capacities. 17
Page 6
Succession to the Crown (Request) Bill 2013
Succession to the Crown Act 2013 of the Commonwealth Appendix
Part 2 Succession to the Crown not to depend on 1
gender 2
6 Succession to the Crown not to depend on gender 3
In determining the succession to the Crown, the gender of a person born 4
after 28 October 2011 (by United Kingdom time) does not give that 5
person, or that person's descendants, precedence over any other person 6
(whenever born). 7
Part 3 Marriage and succession to the Crown 8
7 Removal of disqualification arising from marriage to a Roman Catholic 9
(1) A person is not disqualified from succeeding to the Crown or from 10
possessing it as a result of marrying a person of the Roman Catholic 11
faith. 12
(2) Subsection (1) applies in relation to marriages occurring before the 13
commencement of this section if the person concerned is alive at that 14
commencement (as well as in relation to marriages occurring after that 15
commencement). 16
8 Disqualification arising from marriage 17
A person is disqualified from succeeding to the Crown if the person is 18
disqualified by subsection 3(3) of the Succession to the Crown Act 2013 19
of the United Kingdom, as in force at the commencement of this section, 20
from succeeding to the Crown in right of the United Kingdom. 21
9 Amendments and repeal relating to marriage and succession to the 22
Crown 23
Each Act of England or Great Britain that is specified in Schedule 1, so 24
far as that Act is part of the law of the Commonwealth, a State or a 25
Territory, is amended or repealed as set out in the applicable items in 26
Schedule 1, and any other item in Schedule 1 has effect according to its 27
terms. 28
Part 4 Other modifications of parts of the law of the 29
Commonwealth, States and Territories 30
10 References to Bill of Rights and Act of Settlement 31
References, however expressed, in any law that forms part of the law of 32
the Commonwealth or a Territory, to the provisions of the Bill of Rights 33
or the Act of Settlement relating to succession to, or possession of, the 34
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Succession to the Crown (Request) Bill 2013
Appendix Succession to the Crown Act 2013 of the Commonwealth
Crown are to be read as including references to the provisions of this 1
Act. 2
11 Union legislation affected by this Act 3
So far as they are part of the law of the Commonwealth, a State or a 4
Territory, the following are subject to this Act: 5
(a) Article II of the Union with Scotland Act 1706 of England; 6
(b) Article II of the Union with England Act 1707 of Scotland; 7
(c) Article Second of the Union with Ireland Act 1800 of Great 8
Britain; 9
(d) Article Second of the Act of Union (Ireland) 1800 of Ireland. 10
Part 5 Repeal or amendment of this Act 11
12 Repeal or amendment of this Act 12
This Act may be expressly or impliedly repealed or amended only by an 13
Act passed at the request or with the concurrence of the Parliaments of 14
all the States. 15
Page 8
Succession to the Crown (Request) Bill 2013
Succession to the Crown Act 2013 of the Commonwealth Appendix
Schedule 1 Further provisions relating to marriage 1
and succession to the Crown 2
Part 1 Amendments relating to marriage to a Roman 3
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
Part 2 Repeal of the Royal Marriages Act 1772 24
8 The whole of the Act 25
Repeal the Act. 26
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Succession to the Crown (Request) Bill 2013
Appendix Succession to the Crown Act 2013 of the Commonwealth
9 Validation of some marriages voided by the Royal Marriages Act 1772 1
(1) A marriage that was void under the Royal Marriages Act 1772 of Great 2
Britain, so far as that Act was part of the law of the Commonwealth, a 3
State or a Territory, is to be treated as never having been void if: 4
(a) neither party to the marriage was one of the 6 persons next in the 5
line of succession to the Crown at the time of the marriage; and 6
(b) no consent was sought under section 1 of that Act, or notice given 7
under section 2 of that Act, in respect of the marriage; and 8
(c) in all the circumstances it was reasonable for the person 9
concerned not to have been aware at the time of the marriage that 10
the Act applied to it; and 11
(d) no person acted, before the commencement of this item, on the 12
basis that the marriage was void. 13
(2) Subitem (1) applies for all purposes except those relating to succession 14
to the Crown. 15
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