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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Succession to the Crown Bill 2014
Contents
Preamble 2
Part 1 -- Preliminary
1. Short title 3
2. Commencement 3
3. Terms used 3
4. Object of this Act 3
5. Relationship with Sovereign not affected 4
Part 2 -- Request for Commonwealth
legislation
6. Request for Commonwealth legislation 5
Part 3 -- Other provisions
Division 1 -- Succession to the Crown not to
depend on gender
7. Succession to the Crown not to depend on gender 6
Division 2 -- Marriage and succession to the
Crown
8. Removal of disqualification arising from marriage
to a Roman Catholic 6
9. Disqualification arising from marriage 6
10. Amendments relating to marriage to a Roman
Catholic 6
11. Royal Marriages Act 1772 repealed 7
12. Validation of some marriages voided by the Royal
Marriages Act 1772 7
60--1B page i
Succession to the Crown Bill 2014
Contents
Division 3 -- Other modifications of parts of the
law of the State
13. Union legislation affected by this Act 8
Part 4 -- General
14. References to Bill of Rights and Act of Settlement 9
Schedule 1 -- Requested
Commonwealth Act
Defined terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Succession to the Crown Bill 2014
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; and
to also make provision in relation to royal succession and royal
marriages,
and for related purposes.
page 1
Succession to the Crown Bill 2014
Preamble
1 Preamble
2 1 On 28 October 2011, representatives of nations of which Her
3 Majesty is the Sovereign agreed that the rules on succession to,
4 and possession of, the Crown should be changed so as to make
5 succession not depend on gender and to end the disqualification
6 arising from marrying a Roman Catholic.
7 2 The United Kingdom has further proposed to disqualify certain
8 persons from succeeding to the Crown as a result of marriage,
9 to repeal the Royal Marriages Act 1772 and to validate certain
10 marriages made void by that Act.
11 3 It is expedient to request the Parliament of the Commonwealth
12 to change the law relating to royal succession and royal
13 marriages by legislating under section 51(xxxviii) of the
14 Constitution of the Commonwealth in the terms, or
15 substantially in the terms, set out in Schedule 1.
16 4 It is also expedient for the Parliament of Western Australia to
17 legislate in relation to royal succession and royal marriages.
The Parliament of Western Australia enacts as follows:
page 2
Succession to the Crown Bill 2014
Preliminary Part 1
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Succession to the Crown Act 2014.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent (assent day);
8 (b) the rest of the Act, other than Parts 3 and 4 -- on the
9 day after assent day;
10 (c) Part 3 -- on a day fixed by proclamation, and --
11 (i) different days may be fixed for different
12 provisions; and
13 (ii) the time at which a provision comes into
14 operation may be fixed;
15 (d) Part 4 -- on the day and at the time that section 10 of
16 the requested Commonwealth Act comes into operation.
17 3. Terms used
18 (1) In this Part and Part 4 --
19 requested Commonwealth Act means the Act the enactment of
20 which is requested by section 6.
21 (2) In Parts 3 and 4 --
22 Act of Settlement means the Act of England known by that title;
23 Bill of Rights means the Act of England known by that title;
24 Crown means the Crown in all the capacities in respect to which
25 the Parliament of the State has the power to legislate.
26 4. Object of this Act
27 The main object of this Act is that the law relating to the effect
28 of gender and marriage on royal succession be changed
page 3
Succession to the Crown Bill 2014
Part 1 Preliminary
s. 5
1 consistently with changes made to that law in other Australian
2 jurisdictions and in the United Kingdom, so that the Sovereign
3 of Australia is the same person as the Sovereign of the United
4 Kingdom.
5 5. Relationship with Sovereign not affected
6 It is not the intention of this Act to affect the relationship
7 between the Sovereign and the State as existing immediately
8 before its enactment or that that relationship be in any way
9 affected by the enactment by the Parliament of the
10 Commonwealth of the requested Commonwealth Act.
page 4
Succession to the Crown Bill 2014
Request for Commonwealth legislation Part 2
s. 6
1 Part 2 -- Request for Commonwealth legislation
2 6. Request for Commonwealth legislation
3 (1) The Parliament requests the enactment by the Parliament of the
4 Commonwealth of an Act in the terms, or substantially in the
5 terms, set out in Schedule 1.
6 (2) Subsection (1) is not affected or limited in any way by any other
7 provision of this Act.
page 5
Succession to the Crown Bill 2014
Part 3 Other provisions
Division 1 Succession to the Crown not to depend on gender
s. 7
1 Part 3 -- Other provisions
2 Division 1 -- Succession to the Crown not to depend on gender
3 7. Succession to the Crown not to depend on gender
4 In determining the succession to the Crown, the gender of a
5 person born after 28 October 2011 (by United Kingdom time)
6 does not give that person, or that person's descendants,
7 precedence over any other person (whenever born).
8 Division 2 -- Marriage and succession to the Crown
9 8. 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 Roman
13 Catholic faith.
14 (2) Subsection (1) applies in relation to marriages occurring before
15 the commencement of this section if the person concerned is
16 alive at that commencement (as well as in relation to marriages
17 occurring after that commencement).
18 9. Disqualification arising from marriage
19 A person is disqualified from succeeding to the Crown if the
20 person is disqualified by section 3(3) of the Succession to the
21 Crown Act 2013 of the United Kingdom, as in force at the
22 commencement of this section, from succeeding to the Crown in
23 right of the United Kingdom.
24 10. Amendments relating to marriage to a Roman Catholic
25 (1) References to an Act in this section are to that Act so far as it is
26 part of the law of the State.
27 (2) In the Act of Settlement:
28 (a) in the Preamble delete "or marry a papist";
page 6
Succession to the Crown Bill 2014
Other provisions Part 3
Marriage and succession to the Crown Division 2
s. 11
1 (b) in the Preamble delete "or marrying";
2 (c) in section 2 delete "or shall marry a papist".
3 (3) In the Bill of Rights:
4 (a) in section 1 delete "or by any King or Queene marrying
5 a papist";
6 (b) in section 1 delete "or shall marry a papist";
7 (c) in section 1 delete "or marrying".
8 (4) The amendments made by this section apply in relation to
9 marriages occurring before the commencement of this section if
10 the person concerned is alive at that commencement (as well as
11 in relation to marriages occurring after that commencement).
12 11. Royal Marriages Act 1772 repealed
13 The Royal Marriages Act 1772 of Great Britain, so far as that
14 Act is part of the law of the State, is repealed.
15 12. Validation of some marriages voided by the Royal Marriages
16 Act 1772
17 (1) A marriage that was void under the Royal Marriages Act 1772
18 of Great Britain, so far as that Act was part of the law of the
19 State before its repeal by section 11, is to be treated as never
20 having been void if --
21 (a) neither party to the marriage was one of the 6 persons
22 next in the line of succession to the Crown at the time of
23 the marriage; and
24 (b) no consent was sought under section 1 of that Act, or
25 notice given under section 2 of that Act, in respect of the
26 marriage; and
27 (c) in all the circumstances it was reasonable for the person
28 concerned not to have been aware at the time of the
29 marriage that the Act applied to it; and
30 (d) no person acted, before the commencement of this
31 subsection, on the basis that the marriage was void.
page 7
Succession to the Crown Bill 2014
Part 3 Other provisions
Division 3 Other modifications of parts of the law of the State
s. 13
1 (2) Subsection (1) applies for all purposes except those relating to
2 succession to the Crown.
3 Division 3 -- Other modifications of parts of the law of
4 the State
5 13. Union legislation affected by this Act
6 So far as they are part of the law of the State, the following are
7 subject to this Act --
8 (a) Article II of the Union with Scotland Act 1706 of
9 England;
10 (b) Article II of the Union with England Act 1707 of
11 Scotland;
12 (c) Article Second of the Union with Ireland Act 1800 of
13 Great Britain;
14 (d) Article Second of the Act of Union (Ireland) 1800 of
15 Ireland.
page 8
Succession to the Crown Bill 2014
General Part 4
s. 14
1 Part 4 -- General
2 14. References to Bill of Rights and Act of Settlement
3 References, however expressed, in any law that forms part of
4 the law of the State, to the provisions of the Bill of Rights or the
5 Act of Settlement relating to succession to, or possession of, the
6 Crown are to be read as including references to the provisions of
7 this Act and of the requested Commonwealth Act.
page 9
Succession to the Crown Bill 2014
Schedule 1 Requested Commonwealth Act
1 Schedule 1 -- Requested Commonwealth Act
2 [s. 6]
3 An Act to change the law relating to royal succession and royal marriages,
4 and for related purposes
5 Preamble
6 On 28 October 2011, representatives of nations of which Her
7 Majesty is the Sovereign agreed that the rules on succession to, and
8 possession of, the Crown should be changed so as to make
9 succession not depend on gender and to end the disqualification
10 arising from marrying a Roman Catholic.
11 The United Kingdom has further proposed to disqualify certain
12 persons from succeeding to the Crown as a result of marriage, to
13 repeal the Royal Marriages Act 1772 and to validate certain
14 marriages made void by that Act.
15 For the purposes of paragraph 51(xxxviii) of the Constitution the
16 Parliaments of all the States have requested the Parliament of the
17 Commonwealth of Australia to enact an Act in the terms, or
18 substantially in the terms, of this Act.
19 The Parliament of Australia therefore enacts:
20 Part 1 -- Preliminary
21 1 Short title
22 This Act may be cited as the Succession to the Crown Act 2014.
23 2 Commencement
24 (1) Each provision of this Act specified in column 1 of the table
25 commences, or is taken to have commenced, in accordance with
26 column 2 of the table. Any other statement in column 2 has
27 effect according to its terms.
page 10
Succession to the Crown Bill 2014
Requested Commonwealth Act Schedule 1
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 and The day this Act
2 and anything receives the Royal
in this Act not Assent.
elsewhere
covered by this
table
2. Sections 3, The day this Act
4 and 5 receives the Royal
Assent.
3. Parts 2, 3 A time and day, or
and 4 times and days, to
be fixed by
Proclamation.
4. Part 5 The day this Act
receives the Royal
Assent.
5. Schedule 1 A time and day, or
times and days, to
be fixed by
Proclamation.
1 Note
2 This table relates only to the provisions of this Act as originally
3 enacted. It will not be amended to deal with any later amendments of
4 this Act.
5 (2) Any information in column 3 of the table is not part of this Act.
6 Information may be inserted in this column, or information in it
7 may be edited, in any published version of this Act.
page 11
Succession to the Crown Bill 2014
Schedule 1 Requested Commonwealth Act
1 3 Object of this Act
2 The main object of this Act is to change the law relating to the
3 effect of gender and marriage on royal succession consistently
4 with changes made to that law in the United Kingdom, so that
5 the Sovereign of Australia is the same person as the Sovereign
6 of the United Kingdom.
7 4 Relationship with Sovereign not affected
8 This Act is not intended to affect the relationship between the
9 Sovereign and the Commonwealth, the States and the
10 Territories as existing immediately before its enactment.
11 5 Definition of Crown
12 In this Act:
13 Crown means the Crown in all of its capacities.
14 Part 2 -- Succession to the Crown not to depend on gender
15 6 Succession to the Crown not to depend on gender
16 In determining the succession to the Crown, the gender of a
17 person born after 28 October 2011 (by United Kingdom time)
18 does not give that person, or that person's descendants,
19 precedence over any other person (whenever born).
20 Part 3 -- Marriage and succession to the Crown
21 7 Removal of disqualification arising from marriage to a Roman
22 Catholic
23 (1) A person is not disqualified from succeeding to the Crown or
24 from possessing it as a result of marrying a person of the
25 Roman Catholic faith.
26 (2) Subsection (1) applies in relation to marriages occurring before
27 the commencement of this section if the person concerned is
28 alive at that commencement (as well as in relation to marriages
29 occurring after that commencement).
page 12
Succession to the Crown Bill 2014
Requested Commonwealth Act Schedule 1
1 8 Disqualification arising from marriage
2 A person is disqualified from succeeding to the Crown if the
3 person is disqualified by subsection 3(3) of the Succession to
4 the Crown Act 2013 of the United Kingdom, as in force at the
5 commencement of this section, from succeeding to the Crown
6 in right of the United Kingdom.
7 9 Amendments and repeal relating to marriage and succession to
8 the Crown
9 Each Act of England or Great Britain that is specified in
10 Schedule 1, so far as that Act is part of the law of the
11 Commonwealth, a State or a Territory, is amended or repealed
12 as set out in the applicable items in Schedule 1, and any other
13 item in Schedule 1 has effect according to its terms.
14 Part 4 -- Other modifications of parts of the law of the Commonwealth,
15 States and Territories
16 10 References to Bill of Rights and Act of Settlement
17 References, however expressed, in any law that forms part of
18 the law of the Commonwealth or a Territory, to the provisions
19 of the Bill of Rights or the Act of Settlement relating to
20 succession to, or possession of, the Crown are to be read as
21 including references to the provisions of this Act.
22 11 Union legislation affected by this Act
23 So far as they are part of the law of the Commonwealth, a State
24 or a Territory, the following are subject to this Act:
25 (a) Article II of the Union with Scotland Act 1706 of
26 England;
27 (b) Article II of the Union with England Act 1707 of
28 Scotland;
29 (c) Article Second of the Union with Ireland Act 1800 of
30 Great Britain;
31 (d) Article Second of the Act of Union (Ireland) 1800 of
32 Ireland.
page 13
Succession to the Crown Bill 2014
Schedule 1 Requested Commonwealth Act
1 Part 5 -- Repeal or amendment of this Act
2 12 Repeal or amendment of this Act
3 This Act may be expressly or impliedly repealed or amended
4 only by an Act passed at the request or with the concurrence of
5 the Parliaments of all the States.
6 Schedule 1 -- Further provisions relating to marriage and succession to the
7 Crown
8 Part 1 -- Amendments relating to marriage to a Roman Catholic
9 Act of Settlement
10 1 Preamble
11 Omit "or marry a papist".
12 2 Preamble
13 Omit "or marrying".
14 3 Section 2
15 Omit "or shall marry a papist".
16 Bill of Rights
17 4 Section 1
18 Omit "or by any King or Queene marrying a papist".
19 5 Section 1
20 Omit "or shall marry a papist".
21 6 Section 1
22 Omit "or marrying".
23 7 Application of amendments
24 The amendments made by this Part apply in relation to
25 marriages occurring before the commencement of this Part
26 where the person concerned is alive at that commencement (as
27 well as in relation to marriages occurring after that
28 commencement).
page 14
Succession to the Crown Bill 2014
Requested Commonwealth Act Schedule 1
1 Part 2 -- Repeal of the Royal Marriages Act 1772
2 8 The whole of the Act
3 Repeal the Act.
4 9 Validation of some marriages voided by the Royal Marriages
5 Act 1772
6 (1) A marriage that was void under the Royal Marriages Act 1772
7 of Great Britain, so far as that Act was part of the law of the
8 Commonwealth, a State or a Territory, is to be treated as never
9 having been void if:
10 (a) neither party to the marriage was one of the 6 persons
11 next in the line of succession to the Crown at the time of
12 the marriage; and
13 (b) no consent was sought under section 1 of that Act, or
14 notice given under section 2 of that Act, in respect of the
15 marriage; and
16 (c) in all the circumstances it was reasonable for the person
17 concerned not to have been aware at the time of the
18 marriage that the Act applied to it; and
19 (d) no person acted, before the commencement of this item,
20 on the basis that the marriage was void.
21 (2) Subitem (1) applies for all purposes except those relating to
22 succession to the Crown.
23
page 15
Succession to the Crown Bill 2014
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
Act of Settlement ............................................................................................. 3(2)
assent day ..............................................................................................................2
Bill of Rights .................................................................................................... 3(2)
Crown .............................................................................................................. 3(2)
requested Commonwealth Act ......................................................................... 3(1)
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