NORTHERN TERRITORY OF AUSTRALIA
SUCCESSION TO THE CROWN (REQUEST) (NATIONAL UNIFORM
LEGISLATION) ACT 2013
As in force at 8 November 2013
Table of provisions
1 Short title ......................................................................................... 1
2 Object of this Act ............................................................................. 1
3 Relationship with Sovereign not affected ......................................... 2
4 Request for Commonwealth legislation ........................................... 2
Schedule Requested Commonwealth legislation
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 8 November 2013
SUCCESSION TO THE CROWN (REQUEST) (NATIONAL UNIFORM
LEGISLATION) ACT 2013
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 make
consequential amendments to certain Acts
PREAMBLE
(1) 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.
(2) The United Kingdom has further proposed to disqualify certain
persons from succeeding to the Crown as a result of marriage, to
repeal the Royal Marriages Act 1772 and to validate certain
marriages made void by that Act.
(3) 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
the Schedule to this Act.
1 Short title
This Act may be cited as the Succession to the Crown (Request)
(National Uniform Legislation) Act 2013.
2 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.
Succession to the Crown (Request) (National Uniform Legislation) Act 2013 2
3 Relationship with Sovereign not affected
It is not the intention of this Act to affect the relationship between
the Sovereign and the Territory 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 4.
4 Request for Commonwealth legislation
The Legislative Assembly requests the enactment by the
Parliament of the Commonwealth of an Act in the terms, or
substantially in the terms, set out in the Schedule.
Schedule Requested Commonwealth legislation
Succession to the Crown (Request) (National Uniform Legislation) Act 2013 3
Schedule Requested Commonwealth legislation
section 4
A Bill for an Act to change the law relating to royal
succession and royal marriages, and for related purposes
Preamble
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.
The United Kingdom has further proposed to disqualify certain persons from
succeeding to the Crown as a result of marriage, to repeal the Royal Marriages
Act 1772 and to validate certain marriages made void by that Act.
For the purposes of paragraph 51(xxxviii) of the Constitution the Parliaments of
all the States have requested the Parliament of the Commonwealth of Australia to
enact an Act in the terms, or substantially in the terms, of this Act.
The Parliament of Australia therefore enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Succession to the Crown Act 2013.
2 Commencement
(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
Sections 1 and 2
and anything in this
Act not elsewhere
covered by this table
The day this Act receives the Royal Assent.
Sections 3, 4 and 5 The day this Act receives the Royal Assent.
Parts 2, 3 and 4 A time and day, or times and days, to be fixed by
Proclamation.
Part 5 The day this Act receives the Royal Assent.
Schedule Requested Commonwealth legislation
Succession to the Crown (Request) (National Uniform Legislation) Act 2013 4
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
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.
(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.
3 Object of this Act
The 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.
4 Relationship with Sovereign not affected
This 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.
5 Definition of Crown
In this Act:
Crown means the Crown in all of its capacities.
Part 2—Succession to the Crown not to depend on gender
6 Succession to the Crown not to depend on gender
In 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).
Part 3—Marriage and succession to the Crown
7 Removal of disqualification arising from marriage to a Roman Catholic
(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.
(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).
Schedule Requested Commonwealth legislation
Succession to the Crown (Request) (National Uniform Legislation) Act 2013 5
8 Disqualification arising from marriage
A 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.
9 Amendments and repeal relating to marriage and succession to the Crown
Each 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.
Part 4—Other modifications of parts of the law of the
Commonwealth, States and Territories
10 References to Bill of Rights and Act of Settlement
References, 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.
11 Union legislation affected by this Act
So far as they are part of the law of the Commonwealth, a State or a Territory,
the following are subject to this Act:
(a) Article II of the Union with Scotland Act 1706 of England;
(b) Article II of the Union with England Act 1707 of Scotland;
(c) Article Second of the Union with Ireland Act 1800 of Great Britain;
(d) Article Second of the Act of Union (Ireland) 1800 of Ireland.
Part 5—Repeal or amendment of this Act
12 Repeal or amendment of this Act
This 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.
Schedule Requested Commonwealth legislation
Succession to the Crown (Request) (National Uniform Legislation) Act 2013 6
Schedule 1—Further provisions relating to marriage and
succession to the Crown
Part 1—Amendments relating to marriage to a Roman Catholic
Act of Settlement
1 Preamble
Omit “or marry a papist”.
2 Preamble
Omit “or marrying”.
3 Section 2
Omit “or shall marry a papist”.
Bill of Rights
4 Section 1
Omit “or by any King or Queene marrying a papist”.
5 Section 1
Omit “or shall marry a papist”.
6 Section 1
Omit “or marrying”.
7 Application of amendments
The 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).
Part 2—Repeal of the Royal Marriages Act 1772
8 The whole of the Act
Repeal the Act.
9 Validation of some marriages voided by the Royal Marriages Act 1772
(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:
(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
Schedule Requested Commonwealth legislation
Succession to the Crown (Request) (National Uniform Legislation) Act 2013 7
(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
(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
(d) no person acted, before the commencement of this item, on the basis
that the marriage was void.
(2) Subitem (1) applies for all purposes except those relating to succession to the
Crown.
ENDNOTES
Succession to the Crown (Request) (National Uniform Legislation) Act 2013 8
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Succession to the Crown (Request) (National Uniform Legislation) Act 2013 (Act No. 30,
2013)
Assent date 8 November 2013
Commenced 8 November 2013