Royal Powers Act 1953

Administered by Department of the Prime Minister and Cabinet

Legislation au C1953A00074 In force Act

Legislation content

Royal Powers Act 1953

No. 74, 1953

Compilation No. 2

Compilation date: 11 December 2024

Includes amendments: Act No. 115, 2024

About this compilation

This compilation

This is a compilation of the Royal Powers Act 1953 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Exercise of statutory powers by the Sovereign

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

An Act relating to the exercise by the Sovereign of Powers under Acts of the Parliament

1  Short title

  This Act may be cited as the Royal Powers Act 1953.

2  Exercise of statutory powers by the Sovereign

 (1) At any time when the Sovereign is personally present in Australia, any power under an Act exercisable by the GovernorGeneral may be exercised by the Sovereign.

 (2) The GovernorGeneral has the same powers with respect to an act done, or an instrument made, granted or issued, by the Sovereign by virtue of this section as the GovernorGeneral has with respect to an act done, or an instrument made, granted or issued, by the GovernorGeneral himself or herself.

 (3) Nothing in this section affects or prevents the exercise of any power under an Act by the GovernorGeneral.

 (4) In this section, references to the GovernorGeneral or to the Sovereign shall be read as references to the GovernorGeneral, or to the Sovereign, acting with the advice of the Federal Executive Council.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Royal Powers Act 1953

74, 1953

10 Dec 1953

7 Jan 1954

 

Statute Law Revision Act 2008

73, 2008

3 July 2008

Sch 4 (item 464): 4 July 2008 (s 2(1) item 64)

Crown References Amendment Act 2024

115, 2024

10 Dec 2024

Sch 1 (items 40–42): 11 Dec 2024 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Title....................

am No 115, 2024

s 2.....................

am No 73, 2008; No 115, 2024

 

Overview

The Royal Powers Act 1953 was enacted by the Parliament of Australia to address the need for clarity and formality in the exercise of statutory powers by the Sovereign while personally present in Australia. The Act aims to ensure that any powers exercisable by the Governor-General under any Act can also be exercised by the Sovereign during their presence in Australia. This legislative measure was necessary to maintain the continuity of governance and to formally recognise the role of the Sovereign in the Australian constitutional framework. The policy objective of the Act is to provide a legal basis for the Sovereign to exercise statutory powers in Australia, ensuring that the Sovereign's actions are recognised and have the same effect as if performed by the Governor-General. The Act was passed to streamline the exercise of governmental powers and to prevent any ambiguity that might arise from the presence of the Sovereign in Australia, thereby reinforcing the constitutional structure that relies on both the Sovereign and the Governor-General to perform official duties.

Scope and Application

The Royal Powers Act 1953 applies to the exercise of statutory powers by the Sovereign when personally present in Australia, allowing the Sovereign to exercise any power under an Act that is exercisable by the Governor-General. This Act ensures that the Governor-General has the same powers regarding acts done or instruments made by the Sovereign as they do for their own acts or instruments. Importantly, the Act does not affect the Governor-General's ability to exercise their powers. The Act extends its application to any act or instrument made by the Sovereign with the advice of the Federal Executive Council. While the Act primarily focuses on the exercise of statutory powers by the Sovereign, it does not explicitly state exclusions or exemptions, but any such exclusions would likely be detailed in subordinate instruments or related legislation. The Act's jurisdiction is limited to Australia and its territories, and it remains in force as amended by subsequent legislation such as the Statute Law Revision Act 2008 and the Crown References Amendment Act 2024.

Key Provisions

The Royal Powers Act 1953 (C1953A00074) primarily outlines the circumstances under which the Sovereign can exercise statutory powers that are normally exercisable by the Governor-General. Section 2(1) of the Act stipulates that when the Sovereign is personally present in Australia, they can exercise any power under an Act that is otherwise exercisable by the Governor-General. This includes the ability to perform acts or issue instruments, such as granting pardons or making appointments, on behalf of the Commonwealth. Section 2(2) ensures that the Governor-General has the same powers with respect to any act done or instrument issued by the Sovereign as they would have for their own actions. This provision does not affect the ability of the Governor-General to exercise their own powers under the Act. The Act imposes certain obligations on both the Sovereign and the Governor-General when these powers are exercised. According to Section 2(3), the ability of the Sovereign to exercise these powers does not prevent the Governor-General from exercising their own powers. Furthermore, Section 2(4) clarifies that any reference to the Governor-General or the Sovereign in this context should be understood to mean the Governor-General or the Sovereign acting with the advice of the Federal Executive Council. The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, any misuse or unlawful exercise of powers granted under this Act could potentially lead to legal consequences, including but not limited to civil actions for damages or criminal charges, depending on the nature of the breach and the applicable laws. The penalties for such breaches would be determined in accordance with the relevant legislation under which the powers are exercised.

Legal classification tags

Area of Law
Constitutional Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards

Interactions

Authorises

All Versions

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.