{"id":"qld:act-2013-022","name":"Succession to the Crown Act 2013","slug":"succession-to-the-crown-act-2013","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"22 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29727,"registerId":"qld-act-2013-022-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Succession to the Crown Act 2013 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definition","content":"### sec.3 Definition\n\nIn this Act—\nCrown means the Crown in all of its capacities in respect to which the Parliament of the State has the power to legislate.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Object of this Act","content":"### sec.4 Object of this Act\n\nThe 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 other Australian jurisdictions and in the United Kingdom, so that the Sovereign of Australia is the same person as the Sovereign of the United Kingdom.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Relationship with Sovereign not affected","content":"### sec.5 Relationship with Sovereign not affected\n\nIt 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 14 .","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Succession to the Crown not to depend on gender","content":"# Succession to the Crown not to depend on gender","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Succession to the Crown not to depend on gender","content":"### sec.6 Succession to the Crown not to depend on gender\n\nIn 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).","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Marriage and succession to the Crown","content":"# Marriage and succession to the Crown","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Removal of disqualification arising from marriage to a Roman Catholic","content":"### sec.7 Removal of disqualification arising from marriage to a Roman Catholic\n\nA 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.\nSubsection (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).\n(sec.7-ssec.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.\n(sec.7-ssec.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).","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Disqualification arising from marriage","content":"### sec.8 Disqualification arising from marriage\n\nA person is disqualified from succeeding to the Crown if the person is disqualified by section 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.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Royal Marriages Act 1772 repealed","content":"### sec.9 Royal Marriages Act 1772 repealed\n\nThe Royal Marriages Act 1772 of Great Britain, so far as that Act is part of the law of the State, is repealed.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Validation of some marriages voided by the Royal Marriages Act 1772","content":"### sec.10 Validation of some marriages voided by the Royal Marriages Act 1772\n\nA 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 State before its repeal by section 9 , is to be treated as never having been void if—\nneither 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\nno consent was sought under section 1 of that Act, or notice given under section 2 of that Act, in respect of the marriage; and\nin 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\nno person acted, before the commencement of this subsection, on the basis that the marriage was void.\nSubsection (1) applies for all purposes except those relating to succession to the Crown.\n(sec.10-ssec.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 State before its repeal by section 9 , is to be treated as never having been void if— 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 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 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 no person acted, before the commencement of this subsection, on the basis that the marriage was void.\n(sec.10-ssec.2) Subsection (1) applies for all purposes except those relating to succession to the Crown.\n- (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\n- (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\n- (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\n- (d) no person acted, before the commencement of this subsection, on the basis that the marriage was void.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of amendments","content":"### sec.11 Application of amendments\n\nAny amendment made by part 7 applies in relation to marriages occurring before the commencement of that part if the person concerned is alive at that commencement (as well as in relation to marriages occurring after that commencement).\nReferences to an Act in part 7 are to that Act so far as it is part of the law of the State.\n(sec.11-ssec.1) Any amendment made by part 7 applies in relation to marriages occurring before the commencement of that part if the person concerned is alive at that commencement (as well as in relation to marriages occurring after that commencement).\n(sec.11-ssec.2) References to an Act in part 7 are to that Act so far as it is part of the law of the State.","sortOrder":13},{"sectionNumber":"pt.4","sectionType":"part","heading":"General","content":"# General","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"References to Bill of Rights and Act of Settlement","content":"### sec.12 References to Bill of Rights and Act of Settlement\n\nReferences, however expressed, in any law that forms 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 Act of the Parliament of the Commonwealth requested by section 14 .","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Union legislation affected by this Act","content":"### sec.13 Union legislation affected by this Act\n\nSo far as they are part of the law of the State, the following are subject to this Act—\nArticle II of the Union with Scotland Act 1706 of England;\nArticle II of the Union with England Act 1707 of Scotland;\nArticle Second of the Union with Ireland Act 1800 of Great Britain;\nArticle Second of the Act of Union (Ireland) 1800 of Ireland.\n- (a) Article II of the Union with Scotland Act 1706 of England;\n- (b) Article II of the Union with England Act 1707 of Scotland;\n- (c) Article Second of the Union with Ireland Act 1800 of Great Britain;\n- (d) Article Second of the Act of Union (Ireland) 1800 of Ireland.","sortOrder":16},{"sectionNumber":"pt.5","sectionType":"part","heading":"Request for Commonwealth legislation","content":"# Request for Commonwealth legislation","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Request for Commonwealth legislation","content":"### sec.14 Request for Commonwealth legislation\n\nThe 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 .\nSubsection (1) is not affected or limited in any way by any other provision of this Act.\n(sec.14-ssec.1) 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 .\n(sec.14-ssec.2) Subsection (1) is not affected or limited in any way by any other provision of this Act.","sortOrder":18},{"sectionNumber":"pt.7","sectionType":"part","heading":"Amendment of other Acts","content":"# Amendment of other Acts","sortOrder":19},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Amendment of Act of Settlement","content":"## Amendment of Act of Settlement","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Act amended","content":"### sec.17 Act amended\n\nThis division amends the Act of Settlement passed by the Parliament of England.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Amendment of preamble","content":"### sec.18 Amendment of preamble\n\nPreamble, ‘or marry a papist’—\nomit.\nPreamble, ‘or marrying’—\nomit.\n(sec.18-ssec.1) Preamble, ‘or marry a papist’— omit.\n(sec.18-ssec.2) Preamble, ‘or marrying’— omit.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Amendment of s 2","content":"### sec.19 Amendment of s 2\n\nSection 2 , ‘or shall marry a papist’—\nomit.","sortOrder":23},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Amendment of Bill of Rights","content":"## Amendment of Bill of Rights","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Act amended","content":"### sec.20 Act amended\n\nThis division amends the Bill of Rights passed by the Parliament of England.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Amendment of s 1","content":"### sec.21 Amendment of s 1\n\nSection 1 , ‘or by any King or Queene marrying a papist’—\nomit.\nSection 1 , ‘or shall marry a papist’—\nomit.\nSection 1 , ‘or marrying’—\nomit.\n(sec.21-ssec.1) Section 1 , ‘or by any King or Queene marrying a papist’— omit.\n(sec.21-ssec.2) Section 1 , ‘or shall marry a papist’— omit.\n(sec.21-ssec.3) Section 1 , ‘or marrying’— omit.","sortOrder":26},{"sectionNumber":"sch.1-inc-pt","sectionType":"part","heading":null,"content":"","sortOrder":27},{"sectionNumber":"sch.1-inc-pt-oc.2","sectionType":"part","heading":"Part 1 —Preliminary","content":"# Part 1 —Preliminary","sortOrder":28},{"sectionNumber":"sec.1-oc.2","sectionType":"section","heading":"Short title","content":"### sec.1-oc.2 Short title\n\nThis Act may be cited as the Succession to the Crown Act 2013 .","sortOrder":29},{"sectionNumber":"sec.2-oc.2","sectionType":"section","heading":"Commencement","content":"### sec.2-oc.2 Commencement\n\nEach 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.\nCommencement information\nColumn 1\nColumn 2\nColumn 3\nProvision(s)\nCommencement\nDate/Details\n1 Sections 1 and 2 and anything in this Act not elsewhere covered by this table\nThe day this Act receives the Royal Assent.\n2 Sections 3 , 4 and 5\nThe day this Act receives the Royal Assent.\n3 Parts 2 , 3 and 4\nA time and day, or times and days, to be fixed by Proclamation.\n4 Part 5\nThe day this Act receives the Royal Assent.\n5 Schedule 1\nA time and day, or times and days, to be fixed by Proclamation.\nNote: 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.\nAny 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.\n(sec.2-oc.2-ssec.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. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1 Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 2 Sections 3 , 4 and 5 The day this Act receives the Royal Assent. 3 Parts 2 , 3 and 4 A time and day, or 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. 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.\n(sec.2-oc.2-ssec.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.","sortOrder":30},{"sectionNumber":"sec.3-oc.2","sectionType":"section","heading":"Object of this Act","content":"### sec.3-oc.2 Object of this Act\n\nThe 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.","sortOrder":31},{"sectionNumber":"sec.4-oc.2","sectionType":"section","heading":"Relationship with Sovereign not affected","content":"### sec.4-oc.2 Relationship with Sovereign not affected\n\nThis 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.","sortOrder":32},{"sectionNumber":"sec.5-oc.2","sectionType":"section","heading":"Definition of Crown","content":"### sec.5-oc.2 Definition of Crown\n\nIn this Act:\nCrown means the Crown in all of its capacities.","sortOrder":33},{"sectionNumber":"sch.1-inc-pt-oc.3","sectionType":"part","heading":"Part 2 —Succession to the Crown not to depend on gender","content":"# Part 2 —Succession to the Crown not to depend on gender","sortOrder":34},{"sectionNumber":"sec.6-oc.2","sectionType":"section","heading":"Succession to the Crown not to depend on gender","content":"### sec.6-oc.2 Succession to the Crown not to depend on gender\n\nIn 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).","sortOrder":35},{"sectionNumber":"sch.1-inc-pt-oc.4","sectionType":"part","heading":"Part 3 —Marriage and succession to the Crown","content":"# Part 3 —Marriage and succession to the Crown","sortOrder":36},{"sectionNumber":"sec.7-oc.2","sectionType":"section","heading":"Removal of disqualification arising from marriage to a Roman Catholic","content":"### sec.7-oc.2 Removal of disqualification arising from marriage to a Roman Catholic\n\nA 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.\nSubsection (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).\n(sec.7-oc.2-ssec.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.\n(sec.7-oc.2-ssec.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).","sortOrder":37},{"sectionNumber":"sec.8-oc.2","sectionType":"section","heading":"Disqualification arising from marriage","content":"### sec.8-oc.2 Disqualification arising from marriage\n\nA 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.","sortOrder":38},{"sectionNumber":"sec.9-oc.2","sectionType":"section","heading":"Amendments and repeal relating to marriage and succession to the Crown","content":"### sec.9-oc.2 Amendments and repeal relating to marriage and succession to the Crown\n\nEach 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.","sortOrder":39},{"sectionNumber":"sch.1-inc-pt-oc.5","sectionType":"part","heading":"Part 4 —Other modifications of parts of the law of the Commonwealth, States and Territories","content":"# Part 4 —Other modifications of parts of the law of the Commonwealth, States and Territories","sortOrder":40},{"sectionNumber":"sec.10-oc.2","sectionType":"section","heading":"References to Bill of Rights and Act of Settlement","content":"### sec.10-oc.2 References to Bill of Rights and Act of Settlement\n\nReferences, 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.","sortOrder":41},{"sectionNumber":"sec.11-oc.2","sectionType":"section","heading":"Union legislation affected by this Act","content":"### sec.11-oc.2 Union legislation affected by this Act\n\nSo far as they are part of the law of the Commonwealth, a State or a Territory, the following are subject to this Act:\nArticle II of the Union with Scotland Act 1706 of England;\nArticle II of the Union with England Act 1707 of Scotland;\nArticle Second of the Union with Ireland Act 1800 of Great Britain;\nArticle Second of the Act of Union (Ireland) 1800 of Ireland.\n- (a) Article II of the Union with Scotland Act 1706 of England;\n- (b) Article II of the Union with England Act 1707 of Scotland;\n- (c) Article Second of the Union with Ireland Act 1800 of Great Britain;\n- (d) Article Second of the Act of Union (Ireland) 1800 of Ireland.","sortOrder":42},{"sectionNumber":"sch.1-inc-pt-oc.6","sectionType":"part","heading":"Part 5 —Repeal or amendment of this Act","content":"# Part 5 —Repeal or amendment of this Act","sortOrder":43},{"sectionNumber":"sec.12-oc.2","sectionType":"section","heading":"Repeal or amendment of this Act","content":"### sec.12-oc.2 Repeal or amendment of this Act\n\nThis 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.","sortOrder":44},{"sectionNumber":"sch.1-inc-sch-pt","sectionType":"part","heading":"Schedule 1 —Further provisions relating to marriage and succession to the Crown","content":"# Schedule 1 —Further provisions relating to marriage and succession to the Crown","sortOrder":45},{"sectionNumber":"sch.1-inc-sch-pt-div","sectionType":"division","heading":"Part 1 —Amendments relating to marriage to a Roman Catholic","content":"## Part 1 —Amendments relating to marriage to a Roman Catholic","sortOrder":46},{"sectionNumber":"sch.1-inc-sch-pt-div-oc.2","sectionType":"division","heading":"Act of Settlement","content":"## Act of Settlement","sortOrder":47},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Preamble","content":"### sch.1-sec.1 Preamble\n\nOmit “or marry a papist”.","sortOrder":48},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Preamble","content":"### sch.1-sec.2 Preamble\n\nOmit “or marrying”.","sortOrder":49},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Section 2","content":"### sch.1-sec.3 Section 2\n\nOmit “or shall marry a papist”.","sortOrder":50},{"sectionNumber":"sch.1-inc-sch-pt-div-oc.3","sectionType":"division","heading":"Bill of Rights","content":"## Bill of Rights","sortOrder":51},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Section 1","content":"### sch.1-sec.4 Section 1\n\nOmit “or by any King or Queene marrying a papist”.","sortOrder":52},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Section 1","content":"### sch.1-sec.5 Section 1\n\nOmit “or shall marry a papist”.","sortOrder":53},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Section 1","content":"### sch.1-sec.6 Section 1\n\nOmit “or marrying”.","sortOrder":54},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Application of amendments","content":"### sch.1-sec.7 Application of amendments\n\nThe amendments made by this Part apply in relation to marriages occurring before the commencement of this Part if the person concerned is alive at that commencement (as well as in relation to marriages occurring after that commencement).","sortOrder":55},{"sectionNumber":"sch.1-inc-sch-pt-div-oc.4","sectionType":"division","heading":"Part 2 —Repeal of the Royal Marriages Act 1772","content":"## Part 2 —Repeal of the Royal Marriages Act 1772","sortOrder":56},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"The whole of the Act","content":"### sch.1-sec.8 The whole of the Act\n\nRepeal the Act .","sortOrder":57},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Validation of some marriages voided by the Royal Marriages Act 1772","content":"### sch.1-sec.9 Validation of some marriages voided by the Royal Marriages Act 1772\n\nA 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:\nneither 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\nno consent was sought under section 1 of that Act, or notice given under section 2 of that Act, in respect of the marriage; and\nin 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\nno person acted, before the commencement of this item, on the basis that the marriage was void.\nSubitem (1) applies for all purposes except those relating to succession to the Crown.\n(sch.1-sec.9-ssec.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: 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 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 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 no person acted, before the commencement of this item, on the basis that the marriage was void.\n(sch.1-sec.9-ssec.2) Subitem (1) applies for all purposes except those relating to succession to the Crown.\n- (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\n- (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\n- (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\n- (d) no person acted, before the commencement of this item, on the basis that the marriage was void.","sortOrder":58}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its stated object. It is narrowly focused on three specific reforms — gender-neutral succession, removal of the Catholic marriage disqualification, and repeal of the Royal Marriages Act — mirroring equivalent UK reforms. There is no evidence of scope creep or unintended expansion beyond the original intent of harmonising Australian and UK succession law."},"complexity_factors":["Interaction between multiple layers of Australian law: State, Commonwealth (federal), and inherited British/English statutes from as far back as 1689","Retroactive (backdated) legal effect — changes apply to past marriages and past legal status of individuals","Requires coordinated action between State and Commonwealth Parliaments via a formal 'request' mechanism","References and amends ancient English legislation (Bill of Rights, Act of Settlement, Royal Marriages Act 1772, Union Acts) that are still technically part of Australian law","Complex constitutional backdrop — Australia's relationship with the Crown is governed by multiple overlapping legal instruments","The Act contains a schedule that is itself a draft Commonwealth Act — legislation within legislation","Nuanced conditions for 'un-voiding' past marriages under the old Royal Marriages Act (four cumulative criteria must be met)","The amendment provisions in Part 7 make surgical word deletions to 300+ year old statutes, requiring readers to cross-reference those original documents","Entrenching provisions: the Commonwealth version can only be repealed with unanimous State Parliament concurrence"],"plain_english_summary":"## Succession to the Crown Act 2013\n\n### What does this law do?\n\nThis Act modernises the rules about who can become Australia's monarch (King or Queen). It does three main things:\n\n**1. Ends male preference in the royal line**\nHistorically, sons were placed ahead of daughters in the order of succession — even if an older daughter existed. This Act scraps that rule for anyone born after 28 October 2011. So if a future monarch has an older daughter and a younger son, the daughter now comes first.\n\n**2. Removes the ban on marrying a Catholic**\nFor over 300 years, British and Australian law (inherited from old English statutes called the *Bill of Rights 1689* and the *Act of Settlement 1701*) disqualified anyone who married a Roman Catholic from becoming or remaining monarch. This Act removes that disqualification entirely — including for marriages that already happened.\n\n**3. Scraps the Royal Marriages Act 1772**\nThe old *Royal Marriages Act 1772* (a law still technically applying in Australia) required members of the royal family to get the King or Queen's consent before marrying, or the marriage could be declared void (legally invalid). This Act repeals (cancels) that old law. It also 'un-voids' certain past marriages that were invalidated by that Act, as long as neither party was among the top 6 in line to the throne and no one had already legally relied on the marriage being void.\n\n### Who does this affect?\n\n- **The Royal Family**: Directly changes who may be eligible to become monarch.\n- **Ordinary Australians**: Maintains the same Sovereign (King or Queen) as the United Kingdom, ensuring consistency across Australia and the UK.\n- **People whose marriages may have been affected**: Some individuals whose marriages were previously void under the old Royal Marriages Act may find those marriages are now legally valid.\n\n### Why does it matter?\n\nAustralia has the British monarch as its head of state. Without this Act, Australia's succession rules could diverge from the UK's, potentially creating a situation where Australia and the UK had different monarchs. This Act keeps the rules aligned. It also removes centuries-old religious and gender discrimination from the law.\n\n### How does it connect with other laws?\n\nThe Act is a State-level law (not Commonwealth/federal) that also formally *requests* the Commonwealth Parliament to pass a matching federal Act. It deliberately amends ancient British laws — some dating back to 1689 — that are still technically part of Australian law. The Commonwealth Act, once passed, cannot be repealed or amended without the agreement of all State Parliaments."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.8","severity":"high","reasoning":"Section 8 locks in the disqualification criteria as they existed in the UK Act at commencement. If the UK subsequently amends s.3(3) of its Succession to the Crown Act 2013, the State Act would diverge from UK law, directly undermining the object stated in s.4 of ensuring the Sovereign of Australia is the same person as the Sovereign of the United Kingdom. This is a structural impossibility: the mechanism chosen defeats the stated goal over time.","confidence":0.85,"description":"Disqualification from succession is defined entirely by reference to a foreign statute 'as in force at the commencement of this section', meaning the disqualification criteria are permanently frozen at the moment of commencement and cannot be updated if the UK law changes, yet the stated object of the Act is to keep the Australian and UK successions aligned."},{"type":"self_contradicting","section":"sec.5","severity":"medium","reasoning":"A statute that changes the line of succession changes, at minimum potentially, the identity of the Sovereign. Declaring that the relationship between Sovereign and State is 'not affected' while simultaneously legislating who can and cannot be Sovereign is internally contradictory. The savings clause is legally hollow.","confidence":0.75,"description":"Section 5 declares it is not the intention of this Act to affect the relationship between the Sovereign and the State, yet the entire Act substantively alters the rules determining who the Sovereign is, which necessarily and inevitably affects that relationship."},{"type":"self_contradicting","section":"sec.10 (ssec.1 and ssec.2)","severity":"medium","reasoning":"Succession status is used as the gateway condition to determine whether a marriage is validated, but the validation expressly does not apply to succession purposes. This creates an incoherent situation where the law simultaneously relies on and ignores succession-related status.","confidence":0.78,"description":"Section 10 validates previously void marriages 'for all purposes except those relating to succession to the Crown', yet one of the key conditions triggering validation (s.10(1)(a)) is that 'neither party was one of the 6 persons next in line to the Crown'. The validation thus hinges on succession-related facts but explicitly excludes succession consequences, creating a logical asymmetry where the same matrimonial event is treated as valid for some legal purposes but its succession context is used to determine validity."},{"type":"impossible_compliance","section":"sec.10 (ssec.1)(d)","severity":"medium","reasoning":"The condition requires proof of a universal negative — that no person anywhere acted on the basis of voidness. This is an unverifiable and potentially unsatisfiable condition. Parties to the marriage have no control over whether a third party acted on the void status, making validation practically illusory for many marriages.","confidence":0.82,"description":"The condition that 'no person acted, before the commencement of this subsection, on the basis that the marriage was void' is practically impossible to verify or enforce, and may be impossible to satisfy in most real cases, since third parties (e.g. solicitors, registrars, other family members) may have acted on the void status without the parties' knowledge."},{"type":"other","section":"sec.6","severity":"low","reasoning":"Anchoring a succession rule to a foreign jurisdiction's local time creates edge-case absurdities for persons born in Australian time zones on that date. While the UK reference is understandable for consistency, it introduces legally uncertain outcomes for births occurring in the boundary period.","confidence":0.65,"description":"The gender-neutral succession rule applies only to persons 'born after 28 October 2011 (by United Kingdom time)', introducing a temporal distinction that creates a permanent two-tier system where a person born on 28 October 2011 in Australia (local time) but before that moment in UK time may be treated differently from a sibling born seconds later, depending on time zone calculations."},{"type":"impossible_compliance","section":"sec.12-oc.2 (Schedule 1, Commonwealth Act)","severity":"high","reasoning":"The Commonwealth Parliament is constitutionally sovereign within its heads of power. A requirement that all State Parliaments must concur before the Commonwealth can amend or repeal one of its own Acts is constitutionally unenforceable. The provision creates a legal fiction of entrenchment that has no constitutional basis and could not survive a High Court challenge, rendering the protection it purports to provide illusory.","confidence":0.88,"description":"Section 12 of the requested Commonwealth Act (Schedule 1) provides that it may only be repealed or amended by an Act passed at the request or with the concurrence of all State Parliaments. This effectively entrenches the Commonwealth Act against ordinary Commonwealth legislative power, yet under the Australian Constitution the Commonwealth Parliament's legislative power cannot be so fettered by a State-requested Act."},{"type":"other","section":"sec.11 (ssec.1)","severity":"low","reasoning":"In a marriage there are two parties, and potentially descendants whose succession rights are affected. The singular 'person concerned' creates genuine interpretive ambiguity that could produce different outcomes depending on which person is deemed 'concerned'.","confidence":0.7,"description":"Section 11 states that amendments made by Part 7 apply to pre-commencement marriages if 'the person concerned is alive at that commencement'. The phrase 'the person concerned' is undefined and ambiguous — it is unclear whether this refers to one or both parties to the marriage, or to persons in the line of succession affected by the marriage."}],"contradictions":[{"severity":"high","section_a":"sec.4","section_b":"sec.8","confidence":0.87,"description":"Section 4 states the object is to ensure the Sovereign of Australia is always the same person as the Sovereign of the United Kingdom. Section 8 freezes the marriage-disqualification criteria at UK law as it stood at commencement of the State Act. If the UK amends its succession laws after commencement, the Australian State law will diverge, producing a different line of succession and potentially a different Sovereign."},{"severity":"low","section_a":"sec.7 (ssec.1)","section_b":"sec.8","confidence":0.6,"description":"Section 7 removes disqualification for marrying a Roman Catholic. Section 8 incorporates by reference UK disqualification rules, which in the UK Act (s.3(3)) relate to marrying without the Sovereign's consent. However, the structural interaction between these two provisions is unclear: s.7 operates as a direct positive rule while s.8 incorporates a foreign statute by reference, meaning conflicts between the two rules would be resolved only by the general principle of later provision prevailing, which is not made explicit."},{"severity":"medium","section_a":"sec.9","section_b":"sec.10","confidence":0.8,"description":"Section 9 repeals the Royal Marriages Act 1772 as part of State law. Section 10 then validates certain marriages that were void under that repealed Act. However, s.10(2) excludes succession purposes from that validation. This means for succession purposes, the old void marriages remain void, yet the Act that made them void (the Royal Marriages Act 1772) has been repealed — creating a logical gap where the voiding instrument no longer exists as law but its succession consequences are preserved without any surviving statutory basis."},{"severity":"medium","section_a":"sec.12 (State Act — references to Bill of Rights and Act of Settlement)","section_b":"sec.10-oc.2 (Schedule 1 Commonwealth Act — references to Bill of Rights and Act of Settlement)","confidence":0.75,"description":"Section 12 of the State Act says references to the Bill of Rights and Act of Settlement shall be read as including references to both this State Act and the Commonwealth Act requested by s.14. Section 10 of the requested Commonwealth Act (in Schedule 1) says equivalent references in Commonwealth and Territory law shall be read as including only references to the Commonwealth Act, with no mention of the State Act. This creates an asymmetry: State law cross-references both instruments; Commonwealth law cross-references only itself."},{"severity":"medium","section_a":"sec.5","section_b":"sec.4","confidence":0.72,"description":"Section 4 declares the object of the Act is to change the law of succession so the Sovereign of Australia is the same as the Sovereign of the United Kingdom. Section 5 declares the Act is not intended to affect the relationship between the Sovereign and the State. These provisions are in irreconcilable tension: changing who can be Sovereign necessarily affects the Sovereign's relationship with the State whenever a succession event occurs that would have produced a different Sovereign under the old rules."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of modernising royal succession rules regarding gender and marriage. While it includes necessary consequential amendments to ancient statutes (Act of Settlement, Bill of Rights, Royal Marriages Act), these are directly related to the core objective. The inclusion of both State-level provisions and a request for Commonwealth legislation represents coordinated federalism rather than scope creep."},"complexity_factors":["Dual structure: Contains both the State Act and a Schedule requesting Commonwealth legislation, with nearly identical provisions repeated in both","Retroactive application: Multiple provisions apply to marriages occurring before commencement if the person is alive at commencement (sec.7, sec.11, sch.1-sec.7, sch.1-sec.9)","Cross-references to UK law: Sec.8 incorporates by reference section 3(3) of the UK Succession to the Crown Act 2013, creating dependency on foreign legislation","Historical amendment mechanism: Requires editing 300-year-old statutes (Act of Settlement 1701, Bill of Rights 1689, Royal Marriages Act 1772) through precise textual omissions","Conditional validation test in sec.10/sch.1-sec.9 requires four cumulative conditions to be met for marriage validation","Nested territorial scope: References to 'the State' vs 'Commonwealth, States and Territories' create parallel but slightly different application contexts","Commencement table with multiple triggers (Royal Assent vs Proclamation) for different provisions"],"plain_english_summary":"This legislation updates Australia's royal succession laws to match changes made in the United Kingdom in 2013. It does three main things:\n\n**1. Gender equality in succession**\n- Removes the old rule that gave male children priority over their older sisters in the line to the throne\n- Applies to anyone born after 28 October 2011\n- Example: Before this law, a younger brother would become King before his older sister. Now, birth order matters, not gender.\n\n**2. Removes religious discrimination**\n- Ends the ban on monarchs or heirs marrying Roman Catholics (often called \"papists\" in old laws)\n- This applies retroactively to marriages that happened before the law passed, provided the person is still alive\n\n**3. Updates marriage rules**\n- Repeals the Royal Marriages Act 1772, which required the monarch's permission for certain royal family members to marry\n- Validates some past marriages that were technically void under the old rules (if the couple wasn't in the top 6 for succession, didn't know the law applied, and no one had already acted on the basis the marriage was invalid)\n- Maintains the rule that anyone who marries a Roman Catholic can still become monarch, but anyone who actually becomes Roman Catholic themselves is still disqualified\n\n**Why it matters:**\nAustralia shares the same monarch as the United Kingdom. This law ensures that whoever is King or Queen of the UK is automatically King or Queen of Australia, preventing a situation where the two countries might have different monarchs due to different succession rules. It also modernises the rules by removing sexist and discriminatory religious provisions that date back centuries.\n\nThe Act also formally requests the Australian Federal Parliament to pass matching legislation, ensuring consistent rules across all Australian states and territories."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/succession-to-the-crown-act-2013","history":"/api/acts/succession-to-the-crown-act-2013/history","analysis":"/api/acts/succession-to-the-crown-act-2013/analysis","conflicts":"/api/acts/succession-to-the-crown-act-2013/conflicts","importantCases":"/api/acts/succession-to-the-crown-act-2013/important-cases","documents":"/api/acts/succession-to-the-crown-act-2013/documents"}}