Succession to the Crown (Request) Act 2013

On 28 October 2011, representatives of nations of which Her Majesty is the Sovereign agreed that the rules on succession to, and possession of, the Crown should be changed so as to make succession not depend on gender and to end the disqualification arising from marrying a Roman Catholic.

The United Kingdom has further proposed to disqualify certain persons from succeeding to the Crown as a result of marriage, to repeal the Royal Marriages Act 1772 and to validate certain marriages made void by that Act.

It is expedient to request the Parliament of the Commonwealth to change the law relating to royal succession and royal marriages by legislating under section 51(xxxviii) of the Constitution of the Commonwealth in the terms, or substantially in the terms, set out in Schedule 1.

The Parliament of Victoria therefore enacts:

The main purpose of this Act is to request the Parliament of the Commonwealth to change the law relating to royal succession and royal marriages by enacting an Act under section 51(xxxviii) of the Constitution of the Commonwealth in the terms, or substantially in the terms, set out in Schedule 1.

The main object of this Act is to facilitate the law relating to the effect of gender and marriage on royal succession being changed uniformly across Australia and consistently with changes made to that law in the United Kingdom, so that the Sovereign of Australia is the same person as the Sovereign of the United Kingdom.

It is not the intention of this Act to affect the relationship between the Sovereign and the State as existing immediately before its enactment or that that relationship be in any way affected by the enactment by the Parliament of the Commonwealth of the Act requested by section 5.

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The Parliament requests the enactment by the Parliament of the Commonwealth of an Act in the terms, or substantially in the terms, set out in Schedule 1.

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On the coming into operation of an item in Schedule 2, the Act specified in the heading to that item is amended as set out in that item.

References, however expressed, in any law that is part of the law of the State, to the provisions of the Bill of Rights or the Act of Settlement relating to the succession to, or possession of, the Crown are to be read as including references to the provisions of this Act and of the Succession to the Crown Act 2013 of the Commonwealth.

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Schedules

Schedule 1

Succession to the Crown Act 2013 of the Commonwealth

Section 5

An Act to change the law relating to royal succession and royal marriages, and for related purposes

On 28 October 2011, representatives of nations of which Her Majesty is the Sovereign agreed that the rules on succession to, and possession of, the Crown should be changed so as to make succession not depend on gender and to end the disqualification arising from marrying a Roman Catholic.

The United Kingdom has further proposed to disqualify certain persons from succeeding to the Crown as a result of marriage, to repeal the Royal Marriages Act 1772 and to validate certain marriages made void by that Act.

For the purposes of paragraph 51(xxxviii) of the Constitution the Parliaments of all the States have requested the Parliament of the Commonwealth of Australia to enact an Act in the terms, or substantially in the terms, of this Act.

The Parliament of Australia therefore enacts:

This Act may be cited as the Succession to the Crown Act 2013.

The main object of this Act is to change the law relating to the effect of gender and marriage on royal succession consistently with changes made to that law in the United Kingdom, so that the Sovereign of Australia is the same person as the Sovereign of the United Kingdom.