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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-06-22 Daily Xml
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Constitution (Demise of the Crown) Amendment Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (12:14): Obtained leave and introduced a bill for an act to amend the Constitution Act 1934. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (12:16): I move:

That this bill be now read a second time.

The 'demise of the Crown' refers to the transfer of sovereignty from one king or queen to another upon the death of the king or queen, their abdication, or their being deposed. This leads to the question of whether acts done in the exercise of the authority of the sovereign survive the sovereign. Historically, at common law, things done by the sovereign in a personal capacity were considered not to survive the demise of the Crown and, in particular:

parliament was immediately dissolved;

persons holding office at the pleasure or by commission ceased to hold office, and

legal proceedings involving the Crown ceased.

Various imperial statutes were enacted to mitigate these effects. These imperial statutes are piecemeal and their current application in this state is not always certain. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

NSW, Queensland, Tasmania and Victoria each have various specific provisions in their Constitution Acts dealing with the demise of the Crown, for example, specific provisions dealing with the continuation of Parliament, legal processes, appointments, use of the public seal, etc.

A 2015 Inquiry by the Standing Committee on Legislation of the Western Australian Parliament concluded that demise of the Crown provisions were needed in that State to address current complexity and uncertainty in the law. This Western Australian Parliamentary Committee recommended a general catch-all amendment to the Constitution Act of WA, modelled on a New Zealand provision, to put beyond doubt the legal effect of demise of the Crown in that State.

This Bill would amend the Constitution Act 1934 of South Australia to insert a general demise of the Crown provision. To put beyond doubt the effect of the demise of the Crown in this State, including on the continuity of Parliament, public offices and legal proceedings, the amendment provides that the demise of the Crown has no other effect in law other than to transfer sovereignty.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Constitution Act 1934

3—Insertion of Part

This clause inserts a new 'Miscellaneous' Part in the Constitution Act containing a provision on the demise of the Sovereign. The provision makes it clear that the Sovereign's demise has the effect of transferring all the functions, duties, powers, authorities, rights, privileges and dignities to the Sovereign's successor but has no other legal effect.

Debate adjourned on motion of Ms Chapman.

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