Commonwealth: Crown References Amendment Act 2024 (Cth)

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: 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 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this Act receives the Royal Assent. 11 December 2024 Note: This table relates only to the provisions of this Act as originally enacted.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in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Acts Interpretation Act 1901 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". 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. Copyright Act 1968 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 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". 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 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')". 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 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)