SUCCESSION TO THE CROWN BILL 2013
This is a Bill, not an Act. For current law, see the Acts databases.
SUCCESSION TO THE CROWN BILL 2013
Queensland
Succession to the Crown
Bill 2013
Queensland
Succession to the Crown Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4 Object of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Relationship with Sovereign not affected . . . . . . . . . . . . . . . . . . . 5
Part 2 Succession to the Crown not to depend on gender
6 Succession to the Crown not to depend on gender . . . . . . . . . . . 6
Part 3 Marriage and succession to the Crown
7 Removal of disqualification arising from marriage to a Roman
Catholic ..................................... 6
8 Disqualification arising from marriage . . . . . . . . . . . . . . . . . . . . . 6
9 Royal Marriages Act 1772 repealed . . . . . . . . . . . . . . . . . . . . . . . 6
10 Validation of some marriages voided by the Royal Marriages Act
1772 ......................................... 7
11 Application of amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 4 General
12 References to Bill of Rights and Act of Settlement. . . . . . . . . . . . 8
13 Union with Ireland Act 1800 of Great Britain and Act of Union
(Ireland) 1800 of Ireland affected by this Act . . . . . . . . . . . . . . . . 8
Part 5 Amendment of Imperial Acts Application Act 1984
14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15 Amendment of sch 1 (Imperial enactments continued in force) . . 8
Part 6 Amendment of other Acts
Division 1 Amendment of Act of Settlement
16 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17 Amendment of preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
18 Amendment of s 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Succession to the Crown Bill 2013
Contents
Division 2 Amendment of Bill of Rights
19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
20 Amendment of s 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3 Amendment of Union with England Act 1707
21 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
22 Amendment of article II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 4 Amendment of Union with Scotland Act 1706
23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
24 Amendment of article II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
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2013
A Bill
for
An Act to change the law relating to succession to the Crown,
to validate certain marriages made void by the Royal Marriages
Act 1772 of Great Britain, to repeal that Act so far as it is part of
the law of the State and make consequential amendments to
other legislation
Succession to the Crown Bill 2013
Preamble-- 1
Parliament's reasons for enacting this Act are-- 2
1 On 28 October 2011, representatives of nations of which Her 3
Majesty is the Sovereign agreed that the rules on succession 4
to, and possession of, the Crown should be changed so as to 5
make succession not depend on gender and to end the 6
disqualification arising from marrying a Roman Catholic. 7
2 The United Kingdom has further proposed to disqualify 8
certain persons from succeeding to the Crown as a result of 9
marriage, to repeal the Royal Marriages Act 1772 and to 10
validate certain marriages made void by that Act. 11
3 It is expedient to change the rules on succession to, and 12
possession of, the Crown, to disqualify certain persons from 13
succeeding to the Crown as a result of marriage, to repeal the 14
Royal Marriages Act 1772 of Great Britain so far as it is part 15
of the law of the State and to validate certain marriages made 16
void by that Act. 17
4 It is necessary for the Parliament of the State to enact 18
legislation for these purposes as no Act passed by the 19
Parliament of the United Kingdom after the commencement 20
of the Australia Acts extends to the State as part of the law of 21
the State. 22
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Succession to the Crown Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Succession to the Crown Act 4
2013. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Definition 8
In this Act-- 9
Crown means the Crown in all of its capacities in respect to 10
which the Parliament of the State has the power to legislate. 11
4 Object of this Act 12
The main object of this Act is to change the law relating to the 13
effect of gender and marriage on royal succession, 14
consistently with changes being made to that law in other 15
Australian jurisdictions and in the United Kingdom, so that 16
the same person is the Sovereign of Australia and of the 17
United Kingdom. 18
5 Relationship with Sovereign not affected 19
This Act is not intended to affect the relationship between the 20
Sovereign and the State as existing immediately before its 21
enactment. 22
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Succession to the Crown Bill 2013
Part 2 Succession to the Crown not to depend on gender
[s 6]
Part 2 Succession to the Crown not to 1
depend on gender 2
6 Succession to the Crown not to depend on gender 3
In determining the succession to the Crown, the gender of a 4
person born after 28 October 2011 does not give that person, 5
or that person's descendants, precedence over any other 6
person (whenever born). 7
Part 3 Marriage and succession to the 8
Crown 9
7 Removal of disqualification arising from marriage to a 10
Roman Catholic 11
(1) A person is not disqualified from succeeding to the Crown or 12
from possessing it as a result of marrying a person of the 13
Roman Catholic faith. 14
(2) Subsection (1) applies in relation to marriages occurring 15
before the commencement of this section if the person 16
concerned is alive at that commencement (as well as in 17
relation to marriages occurring after that commencement). 18
8 Disqualification arising from marriage 19
A person is disqualified from succeeding to the Crown if the 20
person is disqualified from succession by section 3(3) of the 21
Succession to the Crown Act 2013 of the United Kingdom as 22
in force at the commencement of this section. 23
9 Royal Marriages Act 1772 repealed 24
The Royal Marriages Act 1772 of Great Britain, so far as that 25
Act is part of the law of the State, is repealed. 26
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Succession to the Crown Bill 2013
Part 3 Marriage and succession to the Crown
[s 10]
10 Validation of some marriages voided by the Royal 1
Marriages Act 1772 2
(1) A marriage that was void under the Royal Marriages Act 1772 3
of Great Britain, so far as that Act was part of the law of the 4
State before its repeal by section 9, is to be treated as never 5
having been void if-- 6
(a) neither party to the marriage was one of the 6 persons 7
next in the line of succession to the Crown at the time of 8
the marriage; and 9
(b) no consent was sought under section 1 of that Act, or 10
notice given under section 2 of that Act, in respect of the 11
marriage; and 12
(c) in all the circumstances it was reasonable for the person 13
concerned not to have been aware at the time of the 14
marriage that the Act applied to it; and 15
(d) no person acted on the basis that the marriage was void 16
before the commencement of this subsection. 17
(2) Subsection (1) applies for all purposes except those relating to 18
succession to the Crown. 19
11 Application of amendments 20
(1) Any amendment made by part 6 applies in relation to 21
marriages occurring before the commencement of that part if 22
the person concerned is alive at that commencement (as well 23
as in relation to marriages occurring after that 24
commencement). 25
(2) References to an Act in part 6 are to that Act so far as it is part 26
of the law of the State. 27
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Succession to the Crown Bill 2013
Part 4 General
[s 12]
Part 4 General 1
12 References to Bill of Rights and Act of Settlement 2
References, however expressed, in any law that forms part of 3
the law of the State, to the provisions of the Bill of Rights or 4
the Act of Settlement relating to the succession to, or 5
possession of, the Crown are to be read as including 6
references to the provisions of this Act. 7
13 Union with Ireland Act 1800 of Great Britain and Act of 8
Union (Ireland) 1800 of Ireland affected by this Act 9
So far as they are part of the law of the State, Article Second 10
of the Union with Ireland Act 1800 of Great Britain and 11
Article Second of the Act of Union (Ireland) 1800 of Ireland 12
are subject to this Act. 13
Part 5 Amendment of Imperial Acts 14
Application Act 1984 15
14 Act amended 16
This part amends the Imperial Acts Application Act 1984. 17
15 Amendment of sch 1 (Imperial enactments continued in 18
force) 19
Schedule 1, item 16-- 20
omit. 21
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Succession to the Crown Bill 2013
Part 6 Amendment of other Acts
[s 16]
Part 6 Amendment of other Acts 1
Division 1 Amendment of Act of Settlement 2
16 Act amended 3
This division amends the Act of Settlement passed by the 4
Parliament of England. 5
17 Amendment of preamble 6
(1) Preamble, `or marry a papist'-- 7
omit. 8
(2) Preamble, `or marrying'-- 9
omit. 10
18 Amendment of s 2 11
Section 2, `or shall marry a papist'-- 12
omit. 13
Division 2 Amendment of Bill of Rights 14
19 Act amended 15
This division amends the Bill of Rights passed by the 16
Parliament of England. 17
20 Amendment of s 1 18
(1) Section 1, `or by any King or Queene marrying a papist'-- 19
omit. 20
(2) Section 1, `or shall marry a papist'-- 21
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Succession to the Crown Bill 2013
Part 6 Amendment of other Acts
[s 21]
omit. 1
(3) Section 1, `or marrying'-- 2
omit. 3
Division 3 Amendment of Union with England 4
Act 1707 5
21 Act amended 6
This division amends the Union with England Act 1707 7
passed by the Parliament of Scotland. 8
22 Amendment of article II 9
(1) Article II, `and persons marrying papists'-- 10
omit. 11
(2) Article II, `or person marrying a papist'-- 12
omit. 13
Division 4 Amendment of Union with Scotland 14
Act 1706 15
23 Act amended 16
This division amends the Union with Scotland Act 1706 17
passed by the Parliament of England. 18
24 Amendment of article II 19
(1) Article II, `and persons marrying papists'-- 20
omit. 21
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Succession to the Crown Bill 2013
Part 6 Amendment of other Acts
[s 24]
(2) Article II, `or person marrying a papist'-- 1
omit. 2
© State of Queensland 2013
Authorised by the Parliamentary Counsel
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