SUCCESSION TO THE CROWN (REQUEST) ACT 2013 - SCHEDULE 1
SUCCESSION TO THE CROWN (REQUEST) ACT 2013 - SCHEDULE 1
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
Preamble
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:
Part 1—Preliminary
1 Short title
This Act may be cited as the Succession to the Crown Act 2013 .
2 Commencement
(1) Each provision of this Act specified in column
1 of the table commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect according to
its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 and 2 and anything in this Act not elsewhere
covered by this table |
The day this Act receives the Royal Assent. |
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2. Sections 3, 4 and 5 |
The day this Act receives the Royal Assent. |
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3. Parts 2, 3 and 4 |
A time and day, or times and days, to be fixed by Proclamation. |
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4. Part 5 |
The day this Act receives the Royal Assent. |
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5. Schedule 1 |
A time and day, or times and days, to be fixed by Proclamation. |
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Note
This table relates only to the provisions of this Act as originally enacted.
It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is
not part of this Act. Information may be inserted in this column, or
information in it may be edited, in any published version of this Act.
3 Object of this Act
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.
4 Relationship with Sovereign not
affected
This Act is not intended to affect the relationship between the Sovereign and
the Commonwealth, the States and the Territories as existing immediately
before its enactment.
5 Definition of Crown
In this Act:
"Crown" means the Crown in all of its capacities.
Part 2—Succession to the Crown not to depend on gender
6 Succession to the Crown not to
depend on gender
In determining the succession to the Crown, the gender of a person born after
28 October 2011 (by United Kingdom time) does not give that person, or
that person's descendants, precedence over any other person (whenever born).
Part 3—Marriage and succession to the Crown
7 Removal of disqualification
arising from marriage to a Roman Catholic
(1) A person is not disqualified from succeeding
to the Crown or from possessing it as a result of marrying a person of the
Roman Catholic faith.
(2) Subsection (1) applies in relation to
marriages occurring before the commencement of this section if the person
concerned is alive at that commencement (as well as in relation to marriages
occurring after that commencement).
8 Disqualification arising from
marriage
A person is disqualified from succeeding to the Crown if the person is
disqualified by subsection 3(3) of the Succession to the Crown Act 2013 of
the United Kingdom, as in force at the commencement of this section, from
succeeding to the Crown in right of the United Kingdom.
9 Amendments and repeal relating to
marriage and succession to the Crown
Each Act of England or Great Britain that is specified in Schedule 1, so far
as that Act is part of the law of the Commonwealth, a State or a Territory, is
amended or repealed as set out in the applicable items in Schedule 1, and any
other item in Schedule 1 has effect according to its terms.
Part 4—Other modifications of parts of the law of the Commonwealth,
States and Territories
10 References to Bill of Rights and
Act of Settlement
References, however expressed, in any law that forms part of the law of the
Commonwealth or a Territory, to the provisions of the Bill of Rights or the
Act of Settlement relating to succession to, or possession of, the Crown are
to be read as including references to the provisions of this Act.
11 Union legislation
affected by this Act
So far as they are part of the law of the Commonwealth, a State or a
Territory, the following are subject to this Act:
(a) Article II of the Union with
Scotland Act 1706 of England;
(b) Article II of the Union with
England Act 1707 of Scotland;
(c) Article Second of the Union with
Ireland Act 1800 of Great Britain;
(d) Article Second of the Act of
Union (Ireland) 1800 of Ireland.
Part 5—Repeal or amendment of this Act
12 Repeal or amendment of this Act
This Act may be expressly or impliedly repealed or amended only by an Act
passed at the request or with the concurrence of the Parliaments of all the
States.
Schedule 1—Further provisions relating to marriage and succession to the
Crown
Part 1—Amendments relating to marriage to a Roman Catholic
Act of Settlement
1 Preamble
Omit "or marry a papist".
2 Preamble
Omit "or marrying".
3 Section 2
Omit "or shall marry a papist".
Bill of Rights
4 Section 1
Omit "or by any King or Queene marrying a papist".
5 Section 1
Omit "or shall marry a papist".
6 Section 1
Omit "or marrying".
7 Application of amendments
The amendments made by this Part apply in relation to marriages occurring
before the commencement of this Part where the person concerned is alive at
that commencement (as well as in relation to marriages occurring after that
commencement).
Part 2—Repeal of the Royal Marriages Act 1772
8 The whole of the Act
Repeal the Act.
9 Validation of some marriages
voided by the Royal Marriages Act 1772
(1) A marriage that was void under the Royal
Marriages Act 1772 of Great Britain, so far as that Act was part of the law of
the Commonwealth, a State or a Territory, is to be treated as never having
been void if:
(a) neither party to the marriage
was one of the 6 persons next in the line of succession to the Crown at
the time of the marriage; and
(b) no consent was sought under
section 1 of that Act, or notice given under section 2 of that Act, in respect
of the marriage; and
(c) in all the circumstances it was
reasonable for the person concerned not to have been aware at the time of the
marriage that the Act applied to it; and
(d) no person acted, before the
commencement of this item, on the basis that the marriage was void.
(2) Subitem (1) applies for all purposes except
those relating to succession to the Crown.
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