Succession to the Crown Commencement Proclamation 2015

Overview

The Succession to the Crown Act 2015 was enacted to update the laws concerning royal succession and royal marriages in Australia, aligning them with the changes made in the United Kingdom. The Act was introduced to address the need for Australia to modify its succession laws to reflect the agreement reached on 28 October 2011 by the United Kingdom and the other Commonwealth realms. The Parliament of Australia enacted this Act pursuant to section 51(xxxviii) of the Constitution, following consultations with the States and Territories through the Council of Australian Governments, at the request of the Parliaments of the States of Australia. The primary objective of the Act is to ensure that the same person is the Sovereign of both Australia and the United Kingdom by ending the system of male preference primogeniture, removing statutory barriers related to marriages to Roman Catholics, and validating certain voided marriages under the Royal Marriages Act 1772 of Great Britain. The Succession to the Crown Commencement Proclamation 2015 then fixed the commencement date for specific parts of the Act.

Scope and Application

The Succession to the Crown Act 2015 applies to the royal succession laws within the Commonwealth of Australia, reflecting the agreed changes in succession rules with the United Kingdom and other Commonwealth Realms. It pertains to the effect of gender and marriage on royal succession, ensuring that the same person remains the Sovereign of Australia and the United Kingdom. This Act impacts the succession order, removing the system of male preference primogeniture and the disqualification of those who marry Roman Catholics from the line of succession. It also modifies the requirement for the Sovereign's consent to certain marriages and validates some marriages previously voided by the Royal Marriages Act 1772 of Great Britain. The Act applies nationally across the Commonwealth and aligns Australia’s succession laws with the United Kingdom and other Commonwealth realms, as agreed upon in October 2011. The commencement of Parts 2, 3, and 4 of the Act, along with Schedule 1, is fixed by the Succession to the Crown Commencement Proclamation 2015, effective from 26 March 2015. The Act does not specify any exclusions or thresholds but relies on subordinate instruments to further define its application.

Key Provisions

The Succession to the Crown Act 2015 is an important piece of legislation that brings significant changes to the rules governing royal succession and royal marriages in Australia. Sections 2(1) and 5 of the Act specify that Parts 2, 3, and 4, as well as Schedule 1, are to commence on a date fixed by Proclamation. The Succession to the Crown Commencement Proclamation 2015 sets this commencement date as 26 March 2015. These provisions are designed to synchronise the succession laws of Australia with those of the United Kingdom and other Commonwealth realms. The Act introduces several key changes to the succession law. Firstly, it removes the gender discrimination in royal succession, ensuring that the order of succession is based solely on birth order, irrespective of gender (Part 2). Secondly, it eliminates the disqualification of individuals from the line of succession for marrying a Roman Catholic (Part 3). Thirdly, it reduces the number of people whose marriages require the monarch's consent to just the six closest in line to the throne (Part 3). Finally, it validates certain marriages that were previously void under the Royal Marriages Act 1772 of Great Britain (Schedule 1). Under the Act, certain obligations are placed on the relevant parties. The Commonwealth is required to consult with the states and territories through the Council of Australian Governments, as was done during the development of this Act. Additionally, the states and territories must ensure their laws are in alignment with the new provisions outlined in the Act. The Commonwealth itself has the responsibility of ensuring that the changes to the succession laws are effectively implemented and communicated. Failure to comply with the provisions of the Succession to the Crown Act 2015 could lead to legal consequences. While specific offences and penalties are not detailed in the explanatory statement, breaches of the Act could potentially result in legal actions or other consequences as prescribed by law. It is important to note that the disallowance provisions of the Legislative Instruments Act 2003 do not apply to this Proclamation, and thus, a human rights statement of compatibility is not required. The Act aims to uphold the integrity of the succession process and ensure that the rules are consistent across the Commonwealth realms.