House of Representatives

Explanatory Memorandum

(Circulated by authority of the Assistant Minister to the Prime Minister, the Honourable Patrick Gorman MP)

GENERAL OUTLINE

1. Following the accession of His Majesty King Charles III, the Crown References Amendment Bill 2023 (the Bill) would make minor amendments to various Commonwealth Acts to update references to Her Majesty Queen Elizabeth II to "the Sovereign", to provide flexibility to the application and operation of existing and future legislation, in the event of the accession of a new Sovereign.

2. In accordance with section 16 of the Acts Interpretation Act 1901, existing references to Her Majesty Queen Elizabeth II in Commonwealth Acts, are construed as references to the present Sovereign, His Majesty King Charles III.

3. There is benefit in progressing amendments to reflect the accession of a new Sovereign. In particular, it would provide consistency in Commonwealth legislation and the current framing of the proposed Bill would provide flexibility to avoid the need to amend legislation when a future Sovereign accedes.

4. The Bill would amend the Acts Interpretation Act 1901, Administrative Appeals Tribunal Act 1975, A New Tax System (Goods and Services Tax) Act 1999, Archives Act 1983, Australian Capital Territory (Self Government) Act 1988, Australian Security Intelligence Organisation Act 1979, Copyright Act 1968, Customs Act 1901, Defence Act 1903, Defence Force Discipline Act 1982, Defence Force Discipline Appeals Act 1955, Defence Service Homes Act 1918, Defence (Special Undertakings) Act 1952, Director of Public Prosecutions Act 1983, Explosives Act 1961, Fair Work Act 2009, Federal Court of Australia Act 1976, High Court of Australia Act 1979, Income Tax Assessment Act 1997, Judiciary Act 1903, Marriage Act 1961, Norfolk Island Act 1979, Northern Territory (Self Government) Act 1978, Parliamentary Counsel Act 1970, Royal Commissions Act 1902, Royal Powers Act 1953, Superannuation Act 1922, Transfer of Prisoners Act 1983 and the Veterans' Entitlements Act 1986.

5. Where the above Acts make reference to "Her Majesty" and "the Queen", and some outdated references "the King", the Bill proposes to replace these words with "the Sovereign".

6. To further ensure the Bill caters for the future accession of a new Sovereign, the Bill provides flexibility for oaths and affirmations. The wording of oaths and affirmations is usually prescribed in legislation where an oath-taker or affirmer makes a pledge to the Sovereign of the day. Instead of prescribing "His" or "Her" Majesty in an oath or affirmation, there is a direction to "insert applicable pronoun". It has been Commonwealth drafting practice since the early 1980's for statutory provisions to be drafted so as to avoid the use of gender-specific language.

7. The Bill proposes to insert a new defined term, being "Senior Counsel" in the Acts Interpretation Act 1901 to include "King's Counsel" and "Queen's Counsel". The purpose of this amendment is to remove any confusion where Commonwealth Acts and instruments make reference to "Queen's Counsel", "King's Counsel" or "Senior Counsel". This change would reflect current practice at the Commonwealth level which is that Senior Counsel are considered equal in status to King's Counsel (formerly Queen's Counsel).

8. The Bill would not amend all legislative references to Her Majesty Queen Elizabeth II. For example, the Bill would not make amendments to the Royal Style and Titles Act 1973 and the Australia Act 1986, amendments to such Acts potentially require the request or concurrence of the State Parliaments. The Bill will also not amend provisions that refer to "Her Majesty in Council" or "Queen in Council", which are provisions that limited the ability to appeal matters to the Privy Council (UK) in various circumstances. Those provisions have effectively been superseded with the enactment of the Australia Act 1986.

FINANCIAL IMPACT

9. The Bill has no financial impact.