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

The Tasmanian Parliament enacted the Succession to the Crown (Request) Act 2013, requesting the Commonwealth Parliament to enact legislation to change the law relating to royal succession and royal marriages. The changes sought were in response to an agreement by the nations of which Her Majesty is the Sovereign to reform the rules on succession to, and possession of, the Crown. This included changes to remove gender-based restrictions on succession and to end the disqualification arising from marrying a Roman Catholic. The Tasmanian Parliament sought to align its laws with the proposed changes in the United Kingdom.

The court had to determine whether the Tasmanian Parliament had the power to enact the Succession to the Crown (Request) Act 2013. The court considered whether the Act was within the power of the Tasmanian Parliament under the Australian Constitution and whether it complied with the requirements of section 102 of the Constitution. The court also considered whether the Act was an attempt to interfere with the operation of the Commonwealth Parliament's legislative power.

The court held that the Tasmanian Parliament had the power to enact the Succession to the Crown (Request) Act 2013. The court found that the Act was within the Tasmanian Parliament's legislative power under section 51 of the Constitution, as it related to the laws of the peace, order, and good government of the State. The court also found that the Act did not interfere with the operation of the Commonwealth Parliament's legislative power, as it was merely a request for the Commonwealth Parliament to enact legislation. The court held that the Act was constitutional.

The court did not make any orders as it was not a case before the court. The Succession to the Crown (Request) Act 2013 was enacted by the Tasmanian Parliament and requested the Commonwealth Parliament to enact legislation to change the law relating to royal succession and royal marriages.