Carol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | Link to this | Hansard source

BROWN (—) (): I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

Last year, the historic reign of Her Majesty Queen Elizabeth II ended.

As Sovereign for 70 years, her long life of duty, family, faith and service was an enduring presence in the lives of all Australians.

Her Majesty made 16 visits to Australia between 1954 and 2011.

She was the first reigning monarch to visit Australia.

Queen Elizabeth II opened Parliament twice; statement Parliaments five times.

She officially opened this building, Parliament House, in 1988.

During her first royal tour, in 1954, she travelled some 16,000 kilometres by air.

33 separate flights.

Making 207 separate trips in the car.

Visiting more than 70 country towns.

Her Majesty visited every Australian state and territory.

Australians were deeply saddened by her passing.

In the days following more than 3500 people lined up to sign her condolence book at Government House.

Australians signed condolence books at government residences, electorate offices and from around the country online.

Reflecting, on the contribution, service and example of Her Majesty Queen Elizabeth II.

A steadfast world leader who defined much of the 20th and 21st centuries.

Her loss, marks a significant point in our cultural, political and legal history.

Her son, His Majesty King Charles III, ascended to the throne in May this year.

His Majesty has made 16 visits to Australia.

Never has Australia had a sovereign with such a strong connection to our nation upon Coronation.

We hope that we will soon welcome the new King and Queen back to Australia.

The Prime Minister has extended an invitation to Their Majesties to visit Australia at any time.

I hope we welcome them soon.

As our Sovereign King Charles III is always welcome in the States and Territories of Australia.

Although Her late Majesty's reign was long, Australia is no stranger to welcoming a new Sovereign.

Queens and Kings have reigned over Australia since Federation.

Our Constitution's life began with Her Majesty Queen Victoria. Our Constitution mentions her by name.

Previous Parliaments made various changes to reflect her successors, King Edward VII, King George V, King Edward VIII, King George VI, Queen Elizabeth II and now His Majesty King Charles III.

The Crown References Amendment Bill seeks to update references to Her Majesty Queen Elizabeth II in various acts of legislation to reflect the accession of the new Sovereign.

Just as our nation marked the Coronation on 7 May 2023 with a National 21 Gun Salute by Australia's Federation Guard on the forecourt of Parliament House.

This Parliament now recognises and congratulates King Charles III with this Bill.

King Charles III has clearly stated his service to the people of the realms including Australia when he said on 9 September 2022:

"Whatever may be your background or beliefs, I shall endeavour to serve you with loyalty, respect and love, as I have throughout my life."

The Bill will recognise the Crown as is appropriate and in terms similar to other Commonwealth laws.

There are many examples of office-holders being referenced by office in Commonwealth laws.

The Governor-General is simply referred to as the "Governor-General" in Chapter two of the Constitution.

Similarly, when we refer to Ministers, parliamentarians, and statutory office-holders, we honour the title of the office holder.

The National Anti-Corruption Commission Act 2022 establishes the offices of the National Anti-Corruption Commissioner and the Deputy Commissioners.

The Future Fund Act 2006 establishes the office of the Chair of the Future Fund Board of Guardians.

As noted in the explanatory memorandum for the Statute Law Revision Bill (No. 2) 2006, circulated by the authority of the then Attorney-General Philip Ruddock MP:

"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."

The Bill ensures consistency of references to the Sovereign across Australia's legislative framework.

The Bill avoids the need for future amendments to legislation should a future Queen ascend the throne, and uses clarifying language that reflects Commonwealth practice.

This approach is consistent with the previous government's Succession to the Crown Act 2015.

That Bill gave effect to the then government's commitment to change the rules on succession to, and possession of, the Crown.

This followed the agreement made during the Commonwealth Heads of Government Meeting in Perth on 28 October 2011, between the United Kingdom and other Commonwealth Realms.

It changed the law relating to the effect of gender and marriage on Royal succession.

Ending the system of male preference so that the order of succession is to be determined simply by order of birth.

This Bill also introduces a new definition of "Senior Counsel" into the Acts Interpretation Act 1901, amending references to "Queen's Counsel" and "King's Counsel" in various acts of legislation.

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 reflects current practice at the Commonwealth level where a Senior Counsel is considered equal in status to King's Counsel (formerly Queen's Counsel).

This change will also reflect current practice in the legal community.

The Bill would only amend primary legislation, with Ministers expected to amend subordinate legislation within their own portfolios to reflect these changes.

With the coronation of His Majesty King Charles III, this Bill brings an opportunity to introduce important updates to references throughout the Australian legislative framework.

These changes reflect the end of the second Elizabethan Age and the beginning of a new age.

A future which we as a nation will now share with our new King.

Debate adjourned.