Succession to the Crown (Request) Act 2013 (TAS)

Succession to the Crown (Request) Act 2013

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 and for related purposes, and to amend the Criminal Code

[Royal Assent 12 September 2013]

Whereas –

(a) On 28 October 2011, representatives of nations of which Her Majesty is the Sovereign agreed that the rules on succession to, and possession of, the Crown should be changed so as to make succession not depend on gender and to end the disqualification arising from marrying a Roman Catholic. (b) The United Kingdom has further proposed to disqualify certain persons from succeeding to the Crown as a result of marriage, to repeal the Royal Marriages Act 1772 and to validate certain marriages made void by that Act. (c) It is expedient to request the Parliament of the Commonwealth to change the law relating to royal succession and royal marriages by legislating under section 51(xxxviii) of the Constitution of the Commonwealth in the terms, or substantially in the terms, set out in Schedule 1 .

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Succession to the Crown (Request) Act 2013 . 2Commencement (1)  Except as provided by this section, this Act commences on the day on which this Act receives the Royal Assent. (2)  Part 3 commences on the day and time that section 6 of the Act of the Commonwealth requested by section 5 of this Act commences. (3)  Section 7 commences on the day and time that section 10 of the Act of the Commonwealth requested by section 5 of this Act commences. 3Object of this ActThe main object of this Act is to facilitate the law relating to the effect of gender and marriage on royal succession being changed uniformly across Australia and consistently with changes made to that law in the United Kingdom, so that the Sovereign of Australia is the same person as the Sovereign of the United Kingdom. 4Relationship with Sovereign not affectedIt is not the intention of this Act to affect the relationship between the Sovereign and the State as existing immediately before its enactment or that that relationship be in any way affected by the enactment by the Parliament of the Commonwealth of the Act requested by section 5 . PART 2Request for Commonwealth Legislation5Request for Commonwealth legislationThe Parliament requests the enactment by the Parliament of the Commonwealth of an Act in the terms, or substantially in the terms, set out in Schedule 1 . PART 3Criminal Code Amended6Section 56 of the Criminal Code amended Section 56 of the Crimiinal Code is amended as follows: (a) by omitting from paragraph (b) "son" and substituting "child"; (b) by omitting from paragraph (i) "and" and substituting "if the". PART 4Miscellaneous7References to Bill of Rights and Act of SettlementReferences, however expressed, in any law that is part of the law of the State, 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 and of the Succession to theCrown Act 2013 of the Commonwealth. 8Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Premier; and (b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet. Schedule 1Succession to theCrown Act 2013 of the Commonwealth

Section 5

[Second reading presentation speech made in:

House of Assembly on 21 AUGUST 2013

Legislative Council on 28 AUGUST 2013]