ROYAL STYLE AND TITLES (AUSTRALIA).
No. 70 of 1947.
An Act to assent to an Alteration in the Royal Style and Titles of His Majesty the King.
[Assented to 4th December, 1947.]
Preamble.
WHEREAS the following recital is set forth in the preamble to the Statute of Westminster, 1931:—
“And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom:”:
And whereas it is among other things provided in the Indian Independence Act, 1947 of the United Kingdom as follows:—
“The assent of the Parliament of the United Kingdom is hereby given to the omission from the Royal Style and Titles of the words ‘Indiae Imperator’ and the words ‘Emperor of India’ and to the issue by His Majesty for that purpose of His Royal Proclamation under the Great Seal of the Realm.”:
And whereas it is desirable that the Parliament of the Commonwealth should assent to an alteration in the Royal Style and Titles to be made in accordance with the above recited provision of the Indian Independence Act, 1947:
Be it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Royal Style and Titles Act (Australia) 1947.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Assent to alteration in the Royal Style and Titles.
3. The assent of the Parliament is hereby given to the omission from the Royal Style and Titles of the words “Indiae Imperator” and the words “Emperor of India”.
Effective date.
4. The date upon which the omission referred to in the last preceding section becomes effective shall be notified by the Prime Minister by notice published in the Gazette.
Overview
The Royal Style and Titles Act (Australia) 1947 was enacted to provide the assent of the Parliament of Australia to an alteration in the Royal Style and Titles of His Majesty the King, specifically the omission of the words "Indiae Imperator" and "Emperor of India". This alteration was made in response to the provisions of the Indian Independence Act 1947, which had already received the assent of the Parliament of the United Kingdom. The Act was enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of the Commonwealth of Australia. The primary objective of the Act is to ensure that the alteration in the Royal Style and Titles is recognised and accepted across all members of the British Commonwealth, in accordance with established constitutional principles.
Scope and Application
The Royal Style and Titles Act (Australia) 1947 applies to the Parliament of Australia, affirming its assent to the alteration of the Royal Style and Titles of His Majesty the King, specifically the omission of the words "Indiae Imperator" and "Emperor of India" from the Royal Style and Titles. This Act is a Commonwealth legislation, demonstrating the formal recognition and participation of the Australian Parliament in international constitutional matters concerning the British Crown. It does not extend its application to specific persons, entities, industries, or transactions, but rather to the formal legislative process within Australia. The Act’s scope is national, as it involves a constitutional change that requires the agreement of all Commonwealth members, including Australia, in accordance with the Statute of Westminster, 1931. There are no stated exclusions, exemptions, or thresholds within the Act itself, though its application is inherently tied to the alteration of the Royal Style and Titles as outlined. The Act does not mention any subordinate instruments extending or restricting its application.
Key Provisions
The Royal Style and Titles Act (Australia) 1947 (section 1) is the primary operative section of this Act, which allows for the assent to an alteration in the Royal Style and Titles of His Majesty the King. The Act came into operation on the day it received Royal Assent (section 2). The Parliament of Australia gives its assent to the omission of the words "Indiae Imperator" and "Emperor of India" from the Royal Style and Titles (section 3). The effective date of this omission will be notified by the Prime Minister through a notice published in the Gazette (section 4).
The Act imposes a formal obligation on the Parliament of Australia to give its assent to the alteration in the Royal Style and Titles. The alteration involves the removal of specific words from the Royal Style and Titles, reflecting a significant change in the monarch's designation in light of India's independence. The Prime Minister's role is to formally announce the effective date of this alteration through a notice in the Gazette, ensuring transparency and public awareness.
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance or breaches. Given the nature of the Act, which pertains to formal parliamentary assent and the notification of changes in the Royal Style and Titles, it is unlikely that there would be specific enforcement mechanisms or penalties outlined within the Act itself. The Act's purpose is primarily declarative and administrative rather than punitive.