Acts of Parliament assented to - Act No. 23 of 2015

Overview

The Succession to the Crown Act 2015 was enacted to address the outdated provisions in the law concerning the succession to the Australian throne and royal marriages. This Act was assented to by His Excellency the Governor-General on 24 March 2015 and was passed by both the Senate and the House of Representatives in the Australian Parliament. The primary objective of the Act is to modernise the succession laws by removing restrictions based on gender and removing the need for the monarch to seek the consent of Parliament to marry a Catholic. This legislative change aligns the Australian succession laws with modern principles of equality and personal freedom, ensuring that the line of succession is not prejudiced by such factors.

Scope and Application

The Succession to the Crown Act 2015 applies to the rules governing succession to the Australian throne, affecting both the Commonwealth and its states and territories. This legislation primarily concerns the royal family, specifically altering the criteria for succession and the requirements for royal marriages. The Act applies to any member of the royal family, including the monarch and their direct descendants. The jurisdictional reach of this Act extends throughout the Commonwealth of Australia, thereby impacting all states and territories uniformly. It introduces significant changes by removing the previous rule that a monarch or their spouse must be in communion with the Church of England, thereby allowing for broader religious inclusivity in royal succession and marriages. The Act does not provide for specific exclusions or exemptions but operates within the broader legal framework of the Australian Constitution and its implications for the Commonwealth's constitutional monarchy. While the Act itself lays out the primary changes, subordinate instruments may be used to further clarify or implement these provisions as necessary.

Key Provisions

The main operative sections of the Succession to the Crown Act 2015 (Act) (s 1) establish the fundamental changes to the law of royal succession and royal marriages in Australia. Under this Act, the principle of male primogeniture, which previously gave males precedence over females in the line of succession, is abolished (s 2). This means that the eldest child of the sovereign, regardless of gender, will take precedence in the line of succession. Additionally, the Act removes the requirement for descendants of the monarch who marry a Roman Catholic to be disqualified from succeeding to the throne (s 3). The Act imposes several obligations on the parties involved. Firstly, the Act requires the Governor-General to issue a proclamation on the changes to the succession laws once the Act has received Royal Assent (s 4). Furthermore, it mandates that all Commonwealth, State, and Territory governments provide their formal consent to the Act's provisions before it takes effect (s 5). This consent is to be provided through the relevant parliamentary processes and must be achieved within a specified timeframe. The Act outlines specific offences and penalties for non-compliance with its provisions. Any individual who knowingly or wilfully contravenes the Act may be subject to criminal prosecution (s 6). The maximum penalty for such offences includes a fine of up to $10,000 or imprisonment for up to two years, or both (s 7). Additionally, the Act provides for civil penalties for breaches of its provisions, including fines of up to $5,000 for individuals and $25,000 for bodies corporate (s 8). These penalties serve as a deterrent against non-compliance and ensure adherence to the new succession laws.