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 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Acts Interpretation Act 1901 3

Administrative Appeals Tribunal Act 1975 3

A New Tax System (Goods and Services Tax) Act 1999 3

Archives Act 1983 3

Australian Capital Territory (Self-Government) Act 1988 3

Australian Security Intelligence Organisation Act 1979 4

Customs Act 1901 4

Defence Act 1903 4

Defence Force Discipline Act 1982 5

Defence Force Discipline Appeals Act 1955 5

Defence Service Homes Act 1918 5

Defence (Special Undertakings) Act 1952 5

Director of Public Prosecutions Act 1983 6

Explosives Act 1961 6

Fair Work Act 2009 6

Federal Court of Australia Act 1976 6

High Court of Australia Act 1979 7

Income Tax Assessment Act 1997 7

Judiciary Act 1903 7

Marriage Act 1961 7

Norfolk Island Act 1979 8

Northern Territory (Self-Government) Act 1978 8

Parliamentary Counsel Act 1970 8

Royal Commissions Act 1902 9

Royal Powers Act 1953 9

Superannuation Act 1922 9

Transfer of Prisoners Act 1983 9

Veterans’ Entitlements Act 1986 10

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:

1 Short title

This Act is the Crown References Amendment Act 2024.

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	Commencement information	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Note: This table relates only to the provisions of this Act as originally enacted.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.

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 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Amendments

Acts Interpretation Act 1901

1 Section 2B

Insert:

Senior Counsel includes:

Administrative Appeals Tribunal Act 1975

if the Sovereign is a King—King’s Counsel; and

if the Sovereign is a Queen—Queen’s Counsel.

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”.

Archives Act 1983

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’)”.

Customs Act 1901

10 Sections 274 and 275

Omit “His Majesty”, substitute “the Sovereign”.

Defence Act 1903

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’)”.

Explosives Act 1961

22 Section 8

Omit “Queen’s dominions”, substitute “Sovereign’s dominions”.

Fair Work Act 2009

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

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”.

Judiciary Act 1903

29 Subsection 69(2)

Omit “the Queen’s”, substitute “the Sovereign’s”.

Marriage Act 1961

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”.

Norfolk Island Act 1979

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

Royal Commissions Act 1902

38 Section 1A

Omit “the King” (wherever occurring), substitute “the Sovereign”.

39 Paragraph 16(1)(a)

Omit “the King”, substitute “the Sovereign”.

Royal Powers Act 1953

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”.

Superannuation Act 1922

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

[Minister’s second reading speech made in—

House of Representatives on 18 October 2023

Senate on 27 November 2023]

(129/23)