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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
SUCCESSION TO THE CROWN (REQUEST) BILL
2013
__________
CONTENTS
Preamble
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Object of this Act
4. Relationship with Sovereign not affected
PART 2 - REQUEST FOR COMMONWEALTH LEGISLATION
5. Request for Commonwealth legislation
PART 3 - CRIMINAL CODE AMENDED
6. Section 56 of Criminal Code amended (Treason)
PART 4 - MISCELLANEOUS
7. References to Bill of Rights and Act of Settlement
8. Administration of Act
SCHEDULE 1 - SUCCESSION TO THE CROWN ACT 2013 OF THE
COMMONWEALTH
[Bill 36]-I
2
SUCCESSION TO THE CROWN (REQUEST) BILL
2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
21 August 2013
(Brought in by the Premier, the Honourable Larissa Tahireh
Giddings)
A BILL FOR
An Act to request the Parliament of the Commonwealth to
enact under section 51(xxxviii) of the Constitution of the
Commonwealth an Act to change the law relating to royal
succession and royal marriages; to amend the Criminal
Code; and for related purposes
Preamble
Whereas -
(a) 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.
(b) The United Kingdom has further
proposed to disqualify certain persons
from succeeding to the Crown as a result
of marriage, to repeal the Royal
[Bill 36] 3
Succession to the Crown (Request) Act 2013
Act No. of
s. 1 Part 1 - Preliminary
Marriages Act 1772 and to validate
certain marriages made void by that Act.
(c) 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.
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Succession to the
Crown (Request) Act 2013.
2. Commencement
(1) Except as provided by this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Part 3 commences on the day and time that
section 6 of the Act of the Commonwealth
requested by section 5 of this Act commences.
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Succession to the Crown (Request) Act 2013
Act No. of
Part 1 - Preliminary s. 3
(3) Section 7 commences on the day and time that
section 10 of the Act of the Commonwealth
requested by section 5 of this Act commences.
3. Object of this Act
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.
4. Relationship with Sovereign not affected
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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Succession to the Crown (Request) Act 2013
Act No. of
s. 5 Part 2 - Request for Commonwealth Legislation
PART 2 - REQUEST FOR COMMONWEALTH
LEGISLATION
5. Request for Commonwealth legislation
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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Succession to the Crown (Request) Act 2013
Act No. of
Part 3 - Criminal Code Amended s. 6
PART 3 - CRIMINAL CODE AMENDED
6. Section 56 of Criminal Code amended (Treason)
Section 56 of the Criminal Code is amended as
follows:
(a) by omitting from paragraph (b) "son" and
substituting "child";
(b) by omitting from paragraph (i) "and" and
substituting "if the".
7
Succession to the Crown (Request) Act 2013
Act No. of
s. 7 Part 4 - Miscellaneous
PART 4 - MISCELLANEOUS
7. References to Bill of Rights and Act of Settlement
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.
8. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Premier; and
(b) the department responsible to the
Premier in relation to the administration
of this Act is the Department of Premier
and Cabinet.
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Succession to the Crown (Request) Act 2013
Act No. of
sch. 1
SCHEDULE 1 - SUCCESSION TO THE CROWN ACT
2013 OF THE COMMONWEALTH
Section 5
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Government Printer, Tasmania 19