Succession to the Crown (Request) Bill 2013 (TAS) Passes Lower House
Thursday 29 August 2013 @ 10.30 a.m. | Legal Research
Tasmania has just introduced the Succession to the Crown (Request) Bill 2013 to the Legislative Council, becoming the fifth State or Territory to acquiesce to the new succession provisions for the English Head of State.
The New English Law
According to English law (of which Australia is a Commonwealth Country), the Succession to the Crown Act 2013, which provides that a first-born daughter will become queen even if a younger brother is subsequently born, will not come into force until all 15 other Commonwealth countries of which the Queen is head of state have also made changes to their laws. Until they do, technically it would be possible for a daughter to become queen of England, but a younger brother to become, say, king of Canada.
Law in Australia
Australia has faced difficulties because it is a federation; Australia requires the consent of each of its six states. "That is a very convoluted exercise as both their constitutions are notoriously difficult to amend," says Robert Hazell, director of the constitution unit at University College London.
Australia's states argue that each has an independent relationship with the crown, since before the 1901 federation when they were crown colonies, and they won't be dictated to by their federal government. Keen to adopt the change to succession, they have reached a compromise whereby, to put it simply, state parliaments will request the federal parliament to change the law.
Tasmania joins 4 other States and Territories in Australia so far in putting a bill through to accept the changes to succession law.
The bill will 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.
In Australia, all States have agreed to request the Parliament of the Commonwealth of Australia to enact legislation (the requested Commonwealth Act) to give effect to the proposed changes in Australia under section 51 (xxxviii) of the Australian Constitution.
The other States having passed relevant laws are as follows:
- Succession to the Crown (Request) Bill 2013 (NSW) - assented as Act 53 of 2013
- Succession to the Crown (Request) (National Uniform Legislation) Bill 2013 (No. 39 of 2013) (NT) - introduced into the Legislative Assembly
- Succession to the Crown Bill 2013 (QLD) - assented as Act 22 of 2013
- Succession to the Crown (Request) Bill 2013 - introduced into the Legislative Assembly
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