Crown References Amendment Act 2024

Administered by Department of the Prime Minister and Cabinet

Legislation au C2024A00115 In force Act

Legislation content

 

 

 

 

 

 

Crown References Amendment Act 2024

No. 115, 2024

 

 

 

 

 

An Act to amend legislation so as to update certain references associated with the Crown, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Acts Interpretation Act 1901

Administrative Appeals Tribunal Act 1975

A New Tax System (Goods and Services Tax) Act 1999

Archives Act 1983

Australian Capital Territory (Self‑Government) Act 1988

Australian Security Intelligence Organisation Act 1979

Copyright Act 1968

Customs Act 1901

Defence Act 1903

Defence Force Discipline Act 1982

Defence Force Discipline Appeals Act 1955

Defence Service Homes Act 1918

Defence (Special Undertakings) Act 1952

Director of Public Prosecutions Act 1983

Explosives Act 1961

Fair Work Act 2009

Federal Court of Australia Act 1976

High Court of Australia Act 1979

Income Tax Assessment Act 1997

Judiciary Act 1903

Marriage Act 1961

Norfolk Island Act 1979

Northern Territory (Self‑Government) Act 1978

Parliamentary Counsel Act 1970

Royal Commissions Act 1902

Royal Powers Act 1953

Superannuation Act 1922

Transfer of Prisoners Act 1983

Veterans’ Entitlements Act 1986

 

 

 

Crown References Amendment Act 2024

No. 115, 2024

 

 

 

An Act to amend legislation so as to update certain references associated with the Crown, and for related purposes

[Assented to 10 December 2024]

The Parliament of Australia enacts:

1  Short title

  This Act is the Crown References Amendment Act 2024.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of  this Act

The day after this Act receives the Royal Assent.

11 December 2024

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Acts Interpretation Act 1901

1  Section 2B

Insert:

Senior Counsel includes:

 (a) if the Sovereign is a King—King’s Counsel; and

 (b) if the Sovereign is a Queen—Queen’s Counsel.

Administrative Appeals Tribunal Act 1975

2  Schedule 2

Omit “Her Majesty Queen Elizabeth the Second, her Heirs and Successors according to law, that I will truly serve Her”, substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.

A New Tax System (Goods and Services Tax) Act 1999

3  Paragraph 38‑505(1)(a)

Omit “Her Majesty”, substitute “the Sovereign”.

Archives Act 1983

4  Subsection 3(1) (definition of Royal Commission)

Omit “the Queen”, substitute “the Sovereign”.

Australian Capital Territory (Self‑Government) Act 1988

5  Schedule 1

Omit “Her Majesty Queen Elizabeth, Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’)”.

Australian Security Intelligence Organisation Act 1979

6  Subparagraph 34AD(1)(c)(iv)

Omit “a Queen’s Counsel or”.

7  At the end of subsection 34AD(1)

Add:

Note: Senior Counsel is given an extended meaning by section 2B of the Acts Interpretation Act 1901.

Copyright Act 1968

8  Subsections 211(1) and 220(1)

Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.

9  Schedule

Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.

Customs Act 1901

10  Sections 274 and 275

Omit “His Majesty”, substitute “the Sovereign”.

Defence Act 1903

11  Subsection 4(1) (definition of Service Decoration)

Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.

12  Subparagraph 124(1)(nc)(i)

Omit “King’s dominions”, substitute “Sovereign’s dominions”.

Defence Force Discipline Act 1982

13  Schedules 4 and 5

Omit “Her Majesty” (wherever occurring), substitute “(insert applicable pronoun, such as ‘His’ or ‘Her’) Majesty”.

Defence Force Discipline Appeals Act 1955

14  Schedule

Omit “Her Majesty Queen Elizabeth the Second, Her heirs and successors according to law, that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.

Defence Service Homes Act 1918

15  Subsection 4(1) (paragraphs (c) and (d) of the definition of Australian Soldier)

Omit “King’s dominions”, substitute “Sovereign’s dominions”.

16  Paragraph 4(2)(a)

Omit “Queen’s dominions” (wherever occurring), substitute “Sovereign’s dominions”.

17  Subsection 4(2B)

Omit “King’s dominions”, substitute “Sovereign’s dominions”.

Defence (Special Undertakings) Act 1952

18  Paragraph 6(a)

Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.

19  Subsection 7(1)

Omit “the Queen”, substitute “the Sovereign”.

20  Section 8

Omit “the Queen”, substitute “the Sovereign”.

Director of Public Prosecutions Act 1983

21  Schedule

Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law and that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.

Explosives Act 1961

22  Section 8

Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.

Fair Work Act 2009

23  Subparagraph 115(1)(a)(vi)

Omit “Queen’s birthday holiday”, substitute “holiday for the birthday of the Sovereign”.

Federal Court of Australia Act 1976

24  Schedule

Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her”, substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.

High Court of Australia Act 1979

25  Paragraph 33(a)

Omit “the Queen”, substitute “the Sovereign”.

26  Schedule

Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her”, substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.

Income Tax Assessment Act 1997

27  Subsection 30‑50(1) (table item 5.1.2)

Omit “Her Majesty’s dominions”, substitute “the Sovereign’s dominions”.

28  Subsection 30‑50(1) (table item 5.1.2)

Omit “Her Majesty’s armed forces”, substitute “the Sovereign’s armed forces”.

Judiciary Act 1903

29  Subsection 69(2)

Omit “the Queen’s”, substitute “the Sovereign’s”.

Marriage Act 1961

30  Subsection 5(1) (definition of overseas country)

Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.

31  Subsection 5(1) (definition of the Queen’s dominions)

Repeal the definition.

32  Subsection 5(1)

Insert:

the Sovereign’s dominions includes a British protectorate and a British protected State.

33  Subsection 71(2)

Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.

Norfolk Island Act 1979

34  Schedule 4

Omit “Her Majesty Queen Elizabeth, Her heirs and successors according to law, that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.

Northern Territory (Self‑Government) Act 1978

35  Schedule 2

Omit “Her Majesty Queen Elizabeth, Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’)”.

36  Schedule 6

Omit “Lady the Queen” (wherever occurring).

Parliamentary Counsel Act 1970

37  Schedule

Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law and that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.

Royal Commissions Act 1902

38  Section 1A

Omit “the King” (wherever occurring), substitute “the Sovereign”.

39  Paragraph 16(1)(a)

Omit “the King”, substitute “the Sovereign”.

Royal Powers Act 1953

40  Title

Omit “the Queen”, substitute “the Sovereign”.

41  Section 2 (heading)

Omit “the Queen”, substitute “the Sovereign”.

42  Section 2

Omit “the Queen” (wherever occurring), substitute “the Sovereign”.

Superannuation Act 1922

43  Paragraph 147(2)(a)

Omit “King’s dominions”, substitute “Sovereign’s dominions”.

Transfer of Prisoners Act 1983

44  Paragraphs 3(17)(c) and (d)

Omit “the Queen”, substitute “the Sovereign”.

45  Subsections 24(2) and (3)

Omit “the Queen”, substitute “the Sovereign”.

Veterans’ Entitlements Act 1986

46  Schedule 4

Omit “Her Majesty Queen Elizabeth the Second, Her heirs and successors according to law, that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 18 October 2023

Senate on 27 November 2023]

 

(129/23)

 

Overview

The Crown References Amendment Act 2024, enacted by the Parliament of Australia, aims to modernise and update references to the Crown across various pieces of legislation. This Act was introduced to address the need for a more gender-neutral and contemporary approach to legal terminology in the context of the Crown, reflecting changes in the monarchy without requiring extensive legislative changes. The Act commenced on 11 December 2024, the day after receiving Royal Assent. It includes amendments to numerous statutes to replace references to "Her Majesty" or "Queen" with neutral terms such as "the Sovereign" or "His or Her Majesty," ensuring that the laws remain relevant regardless of the gender of the reigning monarch. This modernisation facilitates a smoother transition in legal terminology as new sovereigns ascend to the throne, maintaining consistency and clarity in legislative language.

Scope and Application

The Crown References Amendment Act 2024 applies to a wide range of Australian federal legislation, updating references associated with the Crown to reflect changes in the monarchy, such as the succession from Queen Elizabeth II to a new sovereign. This Act impacts various entities and industries, including but not limited to legal, administrative, defence, and tax-related sectors, by modifying oaths, titles, and references to the monarch across multiple statutes. The amendments are designed to ensure the continued relevance and accuracy of legislative language following the accession of a new sovereign. The Act commenced on 11 December 2024, the day after receiving Royal Assent. There are no stated exclusions, exemptions, or thresholds in the Act, and its application is comprehensive across the specified statutes without the need for subordinate instruments to extend or restrict its application.

Key Provisions

The Crown References Amendment Act 2024 (C2024A00115) is an Act designed to update certain references associated with the Crown across various pieces of legislation. The Act's primary purpose is to ensure that references to the Crown remain relevant and gender-neutral, regardless of whether the current sovereign is a king or a queen. The Act applies to numerous statutes, including the Acts Interpretation Act 1901, the Administrative Appeals Tribunal Act 1975, the A New Tax System (Goods and Services Tax) Act 1999, and several others. The Act introduces the term 'Sovereign' to replace specific references to the king or queen, as well as other gender-specific titles such as 'King's Counsel' and 'Queen's Counsel', which are now collectively referred to as 'Senior Counsel'. The Crown References Amendment Act 2024 imposes obligations on the parties or entities governed by the affected legislation to update their references in line with the provisions of this Act. For example, the Acts Interpretation Act 1901 is amended to include a definition of 'Senior Counsel' that accounts for both a king and a queen. Similarly, the Administrative Appeals Tribunal Act 1975 mandates that oaths of office be adjusted to reflect the current sovereign's gender. Other pieces of legislation, such as the Customs Act 1901 and the Defence Act 1903, require modifications to terminology like 'His Majesty', 'Her Majesty', and 'Queen's dominions' to be gender-neutral. The Crown References Amendment Act 2024 does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance. However, it is reasonable to infer that failure to update references in accordance with the Act could result in legal challenges or administrative issues for the entities governed by the affected legislation. The Act’s amendments are designed to ensure that the laws remain relevant and respectful, without imposing punitive measures for non-compliance. Instead, it focuses on updating the legislative language to be inclusive and forward-looking.

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Constitutional Law
Statutory Interpretation
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Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.