Crown References Amendment Act 2024
No. 115, 2024
An Act to amend legislation so as to update certain references associated with the Crown, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
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
Veterans’ Entitlements Act 1986
Crown References Amendment Act 2024
No. 115, 2024
An Act to amend legislation so as to update certain references associated with the Crown, and for related purposes
[Assented to 10 December 2024]
The Parliament of Australia enacts:
This Act is the Crown References Amendment Act 2024.
(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 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 11 December 2024 |
Note: This table relates only to the provisions of this Act as originally enacted.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.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
1 Section 2B
Insert:
Senior Counsel includes:
(a) if the Sovereign is a King—King’s Counsel; and
(b) if the Sovereign is a Queen—Queen’s Counsel.
Administrative Appeals Tribunal Act 1975
2 Schedule 2
Omit “Her Majesty Queen Elizabeth the Second, her Heirs and Successors according to law, that I will truly serve Her”, substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.
A New Tax System (Goods and Services Tax) Act 1999
3 Paragraph 38‑505(1)(a)
Omit “Her Majesty”, substitute “the Sovereign”.
4 Subsection 3(1) (definition of Royal Commission)
Omit “the Queen”, substitute “the Sovereign”.
Australian Capital Territory (Self‑Government) Act 1988
5 Schedule 1
Omit “Her Majesty Queen Elizabeth, Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’)”.
Australian Security Intelligence Organisation Act 1979
6 Subparagraph 34AD(1)(c)(iv)
Omit “a Queen’s Counsel or”.
7 At the end of subsection 34AD(1)
Add:
Note: Senior Counsel is given an extended meaning by section 2B of the Acts Interpretation Act 1901.
8 Subsections 211(1) and 220(1)
Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.
9 Schedule
Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.
10 Sections 274 and 275
Omit “His Majesty”, substitute “the Sovereign”.
11 Subsection 4(1) (definition of Service Decoration)
Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.
12 Subparagraph 124(1)(nc)(i)
Omit “King’s dominions”, substitute “Sovereign’s dominions”.
Defence Force Discipline Act 1982
13 Schedules 4 and 5
Omit “Her Majesty” (wherever occurring), substitute “(insert applicable pronoun, such as ‘His’ or ‘Her’) Majesty”.
Defence Force Discipline Appeals Act 1955
14 Schedule
Omit “Her Majesty Queen Elizabeth the Second, Her heirs and successors according to law, that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.
Defence Service Homes Act 1918
15 Subsection 4(1) (paragraphs (c) and (d) of the definition of Australian Soldier)
Omit “King’s dominions”, substitute “Sovereign’s dominions”.
16 Paragraph 4(2)(a)
Omit “Queen’s dominions” (wherever occurring), substitute “Sovereign’s dominions”.
17 Subsection 4(2B)
Omit “King’s dominions”, substitute “Sovereign’s dominions”.
Defence (Special Undertakings) Act 1952
18 Paragraph 6(a)
Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.
19 Subsection 7(1)
Omit “the Queen”, substitute “the Sovereign”.
20 Section 8
Omit “the Queen”, substitute “the Sovereign”.
Director of Public Prosecutions Act 1983
21 Schedule
Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law and that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.
22 Section 8
Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.
23 Subparagraph 115(1)(a)(vi)
Omit “Queen’s birthday holiday”, substitute “holiday for the birthday of the Sovereign”.
Federal Court of Australia Act 1976
24 Schedule
Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her”, substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.
High Court of Australia Act 1979
25 Paragraph 33(a)
Omit “the Queen”, substitute “the Sovereign”.
26 Schedule
Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her”, substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.
Income Tax Assessment Act 1997
27 Subsection 30‑50(1) (table item 5.1.2)
Omit “Her Majesty’s dominions”, substitute “the Sovereign’s dominions”.
28 Subsection 30‑50(1) (table item 5.1.2)
Omit “Her Majesty’s armed forces”, substitute “the Sovereign’s armed forces”.
29 Subsection 69(2)
Omit “the Queen’s”, substitute “the Sovereign’s”.
30 Subsection 5(1) (definition of overseas country)
Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.
31 Subsection 5(1) (definition of the Queen’s dominions)
Repeal the definition.
32 Subsection 5(1)
Insert:
the Sovereign’s dominions includes a British protectorate and a British protected State.
33 Subsection 71(2)
Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.
34 Schedule 4
Omit “Her Majesty Queen Elizabeth, Her heirs and successors according to law, that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.
Northern Territory (Self‑Government) Act 1978
35 Schedule 2
Omit “Her Majesty Queen Elizabeth, Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’)”.
36 Schedule 6
Omit “Lady the Queen” (wherever occurring).
Parliamentary Counsel Act 1970
37 Schedule
Omit “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law and that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.
38 Section 1A
Omit “the King” (wherever occurring), substitute “the Sovereign”.
39 Paragraph 16(1)(a)
Omit “the King”, substitute “the Sovereign”.
40 Title
Omit “the Queen”, substitute “the Sovereign”.
41 Section 2 (heading)
Omit “the Queen”, substitute “the Sovereign”.
42 Section 2
Omit “the Queen” (wherever occurring), substitute “the Sovereign”.
43 Paragraph 147(2)(a)
Omit “King’s dominions”, substitute “Sovereign’s dominions”.
Transfer of Prisoners Act 1983
44 Paragraphs 3(17)(c) and (d)
Omit “the Queen”, substitute “the Sovereign”.
45 Subsections 24(2) and (3)
Omit “the Queen”, substitute “the Sovereign”.
Veterans’ Entitlements Act 1986
46 Schedule 4
Omit “Her Majesty Queen Elizabeth the Second, Her heirs and successors according to law, that I will well and truly serve Her” (wherever occurring), substitute “(insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’)”.
[Minister’s second reading speech made in—
House of Representatives on 18 October 2023
Senate on 27 November 2023]
(129/23)