Monarchy of Australia
King of Australia | |
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Federal | |
Incumbent | |
Charles III since 8 September 2022 | |
Details | |
Style | His Majesty |
Heir apparent | William, Prince of Wales |
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The monarchy of Australia is a key component of Australia's form of government, by which a hereditary monarch serves as the country’s sovereign and head of state.[1] It is a constitutional monarchy, modelled on the Westminster system of parliamentary democracy, while incorporating features unique to the constitution of Australia.
The present monarch is King Charles III, who has reigned since 8 September 2022.[a] The monarch is represented at the federal level by the governor-general (currently Samantha Mostyn[4]), in accordance with the Australian constitution[5] and letters patent from his mother and predecessor, Queen Elizabeth II.[6] Similarly, in each of the Australian states the monarch is represented by a governor (assisted by a lieutenant-governor), according to the Australia Act and respective letters-patent and state constitutions.[7] The monarch appoints the governor-general on the advice of the prime minister and the state governors on the advice of the respective premiers.[8][9] These are the only mandatory constitutional functions of the monarch of Australia.[10]
Australian constitutional law provides that the person who is monarch of the United Kingdom will also be the monarch of Australia.[11][12] Since the 1940s at the latest, the Australian monarchy has been a distinct office and in that capacity, they act exclusively upon the advice of Australian state and federal ministers. Australia is one of the Commonwealth realms, 15 independent countries that share the same person as monarch and head of state.[13]
International and domestic aspects
[edit]The monarch of Australia is the same person as the monarch of the 14 other Commonwealth realms within the 56-member Commonwealth of Nations.[13] However, each realm is independent of the others, the monarchy in each being distinct from the rest.[14][15] Effective with the Australia Act 1986, no foreign government can advise the monarch on any matters pertinent to Australia; on all matters of the Australian Commonwealth, the monarch is advised solely by Australian federal ministers of state.[16] Likewise, on all matters relating to any Australian state, the monarch is advised by the ministers of that state, tendered via the premier.[7]
Emergence of a separate Crown
[edit]Courts and academics have proposed several dates on which the Crown of Australia separated from the Crown of the United Kingdom.[17] These include 1926, when at an Imperial Conference it was announced that governors-general would no longer represent the government of the United Kingdom or 1930, when at another Imperial Conference it was clarified that the monarch would be advised directly by dominion ministers. Anne Twomey argues for this later date at the latest.[18] Others have suggested the Crowns separated once Australia became fully independent, with dates suggested including 1931 (when the UK Statute of Westminster was passed), 1939 or 1942 (due to Statute of Westminster Adoption Act, passed in 1942 with retrospective effect to 1939) or 1986 (when the Australia Acts severed the last possibilities of UK institutions changing Australian laws).[19] However, members of the High Court have indicated that the separation of the Crowns was complete by at least 1948, as seen by the creation of Australian citizenship laws.[20]
It is unclear however whether for each state there is also a distinct Crown, separate from the Crown of Australia. In other words, the monarch may also be King of Victoria, etc. for each of the states. Prior to the passage of the Australia Act, the monarch acted as sovereign of the United Kingdom at the state level. With that Act's passage, either independent Crowns emerged for each of the states or the Crown of Australia transformed into a federal Crown in which the monarch receives advice from both state and commonwealth ministers in exercising their respective powers. Such a distinction may be relevant if either Australia or an individual state wished to become a republic, as with separate crowns, a federal republic would not necessarily abolish the Crown at a state level.[21]
Title
[edit]The title of the monarch is Charles the Third, by the Grace of God King of Australia and His other Realms and Territories, Head of the Commonwealth.[22][23] Prior to 1953, the title had simply been the same as that in the United Kingdom. A change in the title resulted from occasional discussion among Commonwealth prime ministers and an eventual meeting in London in December 1952, at which Australia's officials stated their preference for a format for Queen Elizabeth II's title that would name all the realms. However, they stated they would also accept Elizabeth II (by the Grace of God) of the United Kingdom of Great Britain and Northern Ireland, [name of realm], and all of her other Realms and Territories Queen, Head of the Commonwealth (Defender of the Faith).[24][25] The latter composition was adopted, despite some objections from the South African and Canadian governments. The sovereign's title in all her realms thus kept mention of the United Kingdom, but, for the first time, also separately mentioned Australia and the other Commonwealth realms. The passage of the Royal Style and Titles Act 1954 by the Parliament of Australia put these recommendations into law.[26]
In 1973 the Whitlam government replaced the 1953 royal styles Act, with Whitlam arguing that the inclusion and position of the Queen's title in the UK made the title not "sufficiently distinctively Australian" and that the phrase "Defender of the Faith" had "no historical or constitutional relevance in Australia".[27] A new Royal Titles and Styles Bill that removed these references was passed by the federal Parliament.[b] The governor-general, Sir Paul Hasluck, reserved royal assent for the Queen, as governor-general Sir William McKell had done with the 1953 Royal Titles and Styles Bill to allow Queen Elizabeth II to give her assent in person, which she did at Government House in Canberra on 19 October 1973.[31]
At the state level, Western Australia and South Australia have independently legislated the monarch's title to be the same as the Commonwealth title.[32][33] There is limited reference to the monarch's title in the other states, however parliamentarians have used expressions include "Queen of [state]" and "Queen in right of [state]" during parliamentary debates.[34] In 1973, Queensland sought to pass legislation to include Queensland specifically in the monarch's title.[35] The Queensland parliament passed legislation seeking an advisory opinion from the Privy Council as to whether they had the legislative power to do, however this legislation was declared unconstitutional by the High Court.[36] In seeking this title, the Queensland government's motivation was to dissuade the British from accepting the Whitlam's government advice that all of the British government's then authority over the states should be transferred to the federal government. The dismissal of the Whitlam government in 1975 removed the impetus for the title change and no further steps were taken in the matter.[37]
Succession
[edit]Royal succession is determined by a mix of common law, British law that continues to apply in Australia, and more recent Australian federal and state statutes. These entail that succession follows the eldest non-adopted child of the current monarch (primogeniture), with the restriction that an heir must be in communion with the Church of England and not a Roman Catholic to ascend the throne.
History
[edit]These rules have evolved over centuries. The British statutes, the Bill of Rights 1689 and the Act of Settlement 1701 first limited succession to legitimate descendants of Sophia, Electress of Hanover and imposed religious requirements in the context of the Glorious Revolution. These laws were received alongside all other British laws to Australia when Australia was settled. Considering the colonial status of the individual colonies and later the federated Australia, it was accepted at the time that these laws could only be changed by the UK Parliament.[38]
Later, Australia and the other dominions gained greater legislative independence with the passage of the Statute of Westminster 1931 (adopted by Australia in 1939).[39] While this allowed the dominions to pass laws that conflicted with UK laws, to ensure that succession laws remained consistent, the preamble noted that it would be in keeping with each Commonwealth realm's constitutional practice that any succession changes would require the consent of the parliaments of each realm.[39][38]
As Australia had not yet adopted the Statute of Westminster by the time of the abdication of Edward VIII in 1936, the UK Declaration of Abdication Act 1936 applied automatically without the need for Australia's consent. However, the Australian federal Parliament did pass a resolution of assent to the changes as a matter of courtesy.[40]
The most recent reforms to the succession occurred following the Perth Agreement in 2011, in which all the Commonwealth realms agreed to changes including the removal of a preference towards male heirs and the repeal of the Royal Marriages Act 1772 (which amongst other things prevented the monarch from marrying a Roman Catholic). As the Australian federal Parliament does not have a head of power over succession, it required a referral legislation from each of the states.[41][42] The Northern Territory also added its request and concurrence, although this was not constitutionally required.[43] The federal legislation finally become law on 24 March 2015[44][45] and as Australia was the last realm to the make the required changes, the act took effect on 26 March 2015 (BST), parallel to other realms' laws.[46]
Demise of the Crown
[edit]Upon a demise of the Crown (the death or abdication of a sovereign), it is customary for the accession of the new monarch to be publicly proclaimed by the governor-general on behalf of the Federal Executive Council, which meets at Government House after the accession.[47] Parallel proclamations are made by the governors in each state.[48][49] Regardless of any proclamations, the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony. Following an appropriate period of mourning, the monarch is also crowned at a coronation ceremony in the United Kingdom; though, this is not necessary for a sovereign to reign, being primarliy a symbolic event.[50] For example, Edward VIII was never crowned, yet was undoubtedly king during his short time on the throne. After an individual ascends the throne, he or she typically continues to reign until death.
The monarch legally cannot unilaterally abdicate; the only Australian monarch to do so, Edward VIII, did so following the passage of British legislation. While the UK has passed regency acts from 1936 onwards to prepare for a situation when the monarch is incapacitated, the dominions did not agree for these acts to be extended into domestic law as it was felt that governors-general could exercise all the powers a regent would need to exercise.[51]
Finances
[edit]In 2018, a trip by King Charles III, then the Prince of Wales, to the Commonwealth country of Vanuatu, escorted by Australian Minister for Foreign Affairs, Julie Bishop in between a tour of Queensland and the Northern Territory, was paid for by the Australian government.[52]
Residences
[edit]The governor-general has two official residences: Government House in Canberra (commonly known as Yarralumla) and Admiralty House in Sydney.
When HMY Britannia was in Australian waters and in use by the monarch of Australia, it was not available to British officials for meetings or promotions.[53]
Personification of the state
[edit]The monarch is the locus of many oaths of allegiance. Various employees of the Crown are required by law to recite this oath before taking their posts, such as all members of the Commonwealth Parliament and of the state and territory parliaments, as well as most magistrates, judges, police officers, and justices of the peace. This is in reciprocation to the sovereign's coronation oath, taken most recently by King Charles III who promised "to govern the Peoples of the United Kingdom of Great Britain and Northern Ireland [and] your other Realms ... according to their respective laws and customs".[54][55]
The prime minister, ministers and parliamentary secretaries also make an oath or affirmation of office on their appointment to a particular ministry, which traditionally included a promise of allegiance to the monarch.[56] However, the wording of this oath or affirmation is not written into law and beginning with swearing in of Paul Keating, all Labor prime ministers have dropped the reference to the sovereign.[57][58][56]
The oath of citizenship similarly contained a statement of allegiance to the reigning monarch until 1994, when a pledge of allegiance to Australia and its values was introduced. However, the importance of allegiance to the monarch has been stressed by several justices in the context of determining whether a person is an "alien" for the purposes of section 51 the Constitution.[59] For example, Justice Callinan held in Re Minister for Immigration and Multicultural Affairs; Ex parte Te (2002) that "judged from a constitutional — rather than a statutory — perspective, the fundamental criterion of membership [of the Australian body-politic] is allegiance to the Queen of Australia".[60] However, the precise relationship and relative importance of constitutional and statutory definitions of "the people" is the subject of evolving interpretations of the court.[61][62]
Head of state
[edit]Key features of Australia's system of government include its basis on a combination of written and unwritten rules, comprising the sovereign, governors, and governor-general.[63] The Constitution does not mention the term head of state.[c] According to the Parliament of Australia website, Australia's head of state is the monarch and its head of government is the prime minister, with powers limited by both law and convention for government to be carried on democratically.[64] However, the governor-general's website states that the office holder is in practice Australia's head of state.[65] A leading textbook on Australian constitutional law formulates the position thus: "The Queen, as represented in Australia by the governor-general, is Australia's head of state."[66]
Additionally, Queensland[67] and South Australia[68] describe the monarch as the head of state for their particular state. New South Wales[69] and Western Australia[70] on the other hand describe their governors as their respective heads of state, whilst Tasmania[71] and Victoria[72] state that the governor "exercises the constitutional power" of the head of state.[73]
While current official sources use the description head of state for the monarch, in the lead up to the referendum on Australia becoming a republic in 1999, Sir David Smith proposed an alternative explanation that the governor-general is head of state. This view has some support within the group Australians for Constitutional Monarchy.[74]
Constitutional role and royal prerogative
[edit]Australia has a written constitution based on the Westminster model of government, implementing a federal system and a distinct separation of powers. It gives Australia a parliamentary system of government, wherein the role of the sovereign and governor-general is both legal and practical. The sovereign of Australia is represented in the federal sphere by the governor-general—appointed by the monarch on the advice of the prime minister of Australia—and in each state by a governor—appointed by the monarch upon the advice of the relevant state premier.
Executive
[edit]One of the main duties of the governor-general is to appoint the prime minister. This is, in accordance with convention, the individual most likely to maintain the support of the House of Representatives; usually the leader of the political party with a majority in that house; but, also when no party or coalition holds a majority (referred to as a minority government situation) or other scenarios in which the governor‑general's judgement about the most suitable candidate for prime minister has to be brought into play.[75] The governor-general also, on the advice of the prime minister, appoints the other ministers of state, a subset of which form the Cabinet. In accordance with the principles of responsible government, these ministers are, in turn, accountable to the Parliament and, through it, to the people. The monarch is informed by the governor-general of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and other members of the ministry and the monarch holds audience with Australian ministers where possible.[76]
The prime minister and Cabinet advises the governor-general on how to execute his or her executive powers over all aspects of government operations and foreign affairs. This means ministers direct the use of the royal prerogative that resides in the monarch, which includes the privilege to declare war, maintain peace, direct the actions of the Australian Defence Force, and negotiate and ratify treaties, alliances, and international agreements.[77] The governor-general is empowered by the constitution to summon and prorogue parliament and call elections. Use of the royal prerogative does not require parliamentary approval.[78]
As such, the monarch's and the governor-general's roles are primarily symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate. Still, the royal prerogative belongs to the Crown, not to any of the ministers, and the governor-general may unilaterally use these powers in exceptional situations,[79] such as when, during the constitutional crisis in 1975, Sir John Kerr dismissed prime minister Gough Whitlam, on the occasion of a stalemate over government funding between the House of Representatives and the Senate.
The only role the monarch must perform personally is appoint the governor-general.[9] Additionally, assent for a bill may be reserved for the pleasure of the monarch, allowing them to exercise their judgement on whether to give assent.[80] The monarch has also been personally involved in issuing letters-patent for the creation of Australian honours.[81][82]
Members of various executive agencies and other officials are appointed by the governor-general, including High Court judges. Ministers and parliamentary secretaries are also appointed to the Federal Executive Council. Royal commissions, a powerful type of public inquiry, are also commissioned by the Crown through a royal warrant.
Parliament
[edit]Parliament consists of the sovereign, the Senate and the House of Representatives.[83][84][85][86] Their authority in the House of Representatives is represented by the Mace of the House (which also represents the authority of the house itself and its Speaker).[87][88] However, neither the sovereign nor the governor-general participate in the legislative process save for the granting of royal assent. Further, the constitution outlines that the governor-general alone is responsible for summoning, proroguing, and dissolving the federal parliament.[89]
All laws in Australia, except those in the Australian Capital Territory (ACT), are enacted only with the granting of royal assent, done by the governor-general, relevant state governor, or administrator in the case of the Northern Territory (NT). This is done in the federal context by the governor-general signing two copies of the bill.[90][91] If the law is one in which takes effect on proclamation, the governor-general will also make this proclamation to which the Great Seal of Australia is then affixed in authentication of the corresponding letters patent.[92][93] Laws passed by the ACT and NT legislatures, unlike their state counterparts, are subject to the oversight of the government of Australia and can be disallowed by the Australian Parliament. The governor-general may reserve a bill for the King's (or Queen's) pleasure; that is withhold his consent to the bill and present it to the sovereign for their personal decision. Under the constitution, the sovereign also has the power to disallow a bill within one year of the governor-general having granted royal assent.[94] The purpose of this section was originally to allow the UK parliament to supervise the workings of the Commonwealth parliament, as this power would only be exercised by the monarch as advised by their British ministers.[95] However, the power was never actually used and it is very unlikely that it will be used in the future.[10]
Courts
[edit]Traditionally, the monarch is known as the fount of justice.[96][97] However, he does not personally rule in judicial cases, meaning that judicial functions are normally performed only in the monarch's name.[96] In most jurisdictions, criminal offences are legally deemed to be offences against the sovereign and proceedings for indictable offences are brought in the sovereign's name in the form of The King [or Queen] against [Name] (typically shortened to R v [Name] standing for Rex for King or Regina for Queen).[98] However, offences in Western Australia and Tasmania are brought in the name of the particular state.[99][100] Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted due to statute.[101][102] In international cases, as a sovereign and under established principles of international law, the monarch of Australia is not subject to suit in foreign courts without his express consent. The prerogative of mercy lies with the monarch, and is exercised in the state jurisdictions by the governors.[103][104]
States and territories
[edit]In accordance with the Australia Act 1986, the sovereign has the power to appoint, on advice tendered by the relevant state premier, a governor in each of the Australian states, who themselves appoint executive bodies, as well as people to fill casual Senate vacancies, if the relevant state parliament is not in session. The state governors continue to serve as the direct representatives of the monarch, in no way subordinate to the governor-general, and they carry out on his behalf all of the monarch's constitutional and ceremonial duties in respect of their respective state. The Northern Territory and the Australian Capital Territory resemble states in many respects, but are administered directly by the Commonwealth of Australia; an administrator, appointed by the governor-general upon the advice of the Commonwealth government, takes the place of a state governor in the Northern Territory. The Australian Capital Territory has no equivalent position.
Cultural role
[edit]Royal presence and duties
[edit]Official duties involve the sovereign representing the state at home or abroad, or other royal family members participating in a government-organised ceremony either in Australia or elsewhere.[105] The sovereign and their family have participated in events such as various centennials and bicentennials; Australia Day; the openings of Olympic and other games; award ceremonies; D-Day commemorations; anniversaries of the monarch's accession; and the like.
Other royals have participated in Australian ceremonies or undertaken duties abroad, such as Charles III, then Prince Charles, at the Anzac Day ceremonies at Gallipoli, or when Queen Elizabeth II, Prince Charles, and Princess Anne participated in Australian ceremonies for the anniversary of D-Day in France in 2004. Members of the royal family will sometimes make private donations to Australian charities or causes, such as when Queen Elizabeth II made a private donation to the Australian Red Cross Appeal after the Blue Mountains bushfires in 2009.[106]
The Crown and the Australian Defence Force
[edit]Section 68 of the Australian Constitution says: "The command in chief of the naval and military forces of the Commonwealth is vested in the governor-general as the Queen's [monarch's] representative."[107] In practice, however, the governor-general does not play any part in the Australian Defence Force's command structure other than following the advice of the Minister for Defence in the normal form of executive government.[108]
Australian naval vessels bear the prefix His Majesty's Australian Ship (HMAS) and many organisational groupings of the defence force (such as the Royal Australian Infantry Corps, Royal Australian Air Force and the Royal Australian Engineers) carry the "royal" prefix.[109]
Members of the royal family have presided over military ceremonies, including Trooping the Colour ceremonies, inspections of the troops, and anniversaries of key battles. When the Queen was in Canberra, she laid wreaths at the Australian War Memorial. In 2003, Queen Elizabeth II acted in her capacity as Australian monarch when she dedicated the Australian War Memorial in Hyde Park, London.[1]
Some members of the royal family are Colonels-in-Chief of Australian regiments, including: the Royal Regiment of Australian Artillery; Royal Australian Army Medical Corps; the Royal Australian Armoured Corps and the Royal Australian Corps of Signals, amongst many others. Queen Elizabeth II's late husband, the Duke of Edinburgh, was an Admiral of the Fleet.[110]
Australian royal symbols
[edit]Royal symbols are the visual and auditory identifiers of the Australian monarchy. The main symbol of the monarchy is the sovereign, and their image is used to signify Australian sovereignty. Queen Elizabeth II's portrait, for instance, currently appears on all Australian coins minted during her reign,[111] the five-dollar banknote,[112] and postage stamps such as the Queen's Birthday stamp, issued by Australia Post every year since 1980.[113] Some coins bearing King Charles III's portrait have begun to enter circulation,[114] however the new five-dollar banknote is expected to depict Indigenous Australian culture and history instead of the new monarch.[115]
A crown is depicted on the Queensland and Victorian state badges (which are included on the Australian coat of arms,[116]) and on various medals and awards.[117] For example, the crown's presence on the insignia of the Order of Australia represents the monarch's role as Head of the Order.[118]
The sovereign is further both mentioned in and the subject of songs and loyal toasts.[119] Australia inherited the royal anthem "God Save the King" (alternatively, "God Save the Queen" in the reign of a female monarch) from the United Kingdom. It was the national anthem of Australia until 1984, and has since been retained as the country's royal anthem, its use generally restricted to official occasions where the monarch or a member of the royal family is present.[120][121]
The Queen's Personal Australian Flag, adopted in 1962, was used to signify Queen Elizabeth II's presence when she visited Australia. It features the coat of arms of Australia in banner form, defaced with a gold seven-pointed federation star with a blue disc containing the crowned letter E, surrounded by a garland of golden roses.[122] Each of the six sections of the flag represents the heraldic badge of the Australian states, and the whole is surrounded by an ermine border representing the federation of the states.[123] The current monarch, King Charles III, has not adopted a personal flag for Australia.
As in other Commonwealth realms, the King's Official Birthday is a public holiday and, in Australia, is observed on the second Monday in June in all states and territories, except Queensland and Western Australia. In Queensland, it is celebrated on the first Monday in October, and in Western Australia it is usually the last Monday of September or the first Monday of October.[124] Celebrations are mainly official, including the Australian Birthday Honours list and military ceremonies.[125][126]
Religious role
[edit]Until its new constitution went into force in 1962, the Anglican Church of Australia was part of the Church of England. Its titular head was consequently the monarch, in his or her capacity as Supreme Governor of the Church of England.[127] However, unlike in England, Anglicanism was never established as a state religion in Australia.[128]
History
[edit]The development of the Australian monarchy into the independent entity it is today began in 1770, when Captain James Cook, in the name of, and under instruction from, King George III, claimed the east coast of Australia.[129][130] Colonies were eventually founded across the continent,[131][132] all of them ruled by the monarch of the United Kingdom, upon the advice of his or her British ministers, the Secretary of State for the Colonies, in particular. In 1901 the six colonies united to form the Commonwealth of Australia, following the assent of Queen Victoria to the Commonwealth of Australia Constitution Act. However, this did not change the relationship of the monarch to the new nation, with her powers (such as the appoint of governors, governors-general and others set out in the Constitution) exercised in accordance with the advice of British ministers.[16]
This situation continued until after the First World War, where in response to calls from some Dominions for a re-evaluation of their status under the Crown after their sacrifice and performance in the conflict,[66]: 110 the Balfour Declaration of 1926 was issued following a series of Imperial conferences. The statement provided that the United Kingdom and the Dominions were to be "autonomous communities within the British Empire, equal in status, in no way subordinate to one another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown". The Royal and Parliamentary Titles Act 1927, an Act of the Westminster Parliament, was the first indication of a shift in the law, which ensured the independence of the office.[133] Another move to independence occurred in 1930, when the British government agreed that the Australian Cabinet would advise the sovereign directly on the choice of governor-general. The Crown was further separated by the Statute of Westminster 1931,[134] adopted by Australia in 1942 (retroactive to 3 September 1939).[135]
The Curtin Labor government appointed Prince Henry, Duke of Gloucester, as governor-general during the Second World War. Curtin hoped the appointment might influence the British to despatch men and equipment to the Pacific War, and the selection of the brother of King George VI reaffirmed the important role of the Crown to the Australian nation at that time.[136] Queen Elizabeth II became the first reigning monarch to visit Australia in 1954, greeted by huge crowds across the nation. In 1967, Elizabeth's son, Charles III (then Prince Charles), attended school in Geelong Grammar School in Corio, Victoria.[137] Her grandson Prince Harry undertook a portion of his gap-year living and working in Australia in 2003.[138]
The sovereign did not possess a title unique to Australia until the Australian Parliament enacted the Royal Styles and Titles Act in 1953,[26] after the accession of Elizabeth to the throne, and giving her the title of Queen of the United Kingdom, Australia and Her other Realms and Territories. Still, Elizabeth remained both as a queen who reigned in Australia both as Queen of Australia (in the federal jurisdiction) and Queen of the United Kingdom (in each of the states), as a result of the states not wishing to have the Statute of Westminster apply to them, believing that the status quo better protected their sovereign interests against an expansionist federal government, which left the Colonial Laws Validity Act in effect. Thus, the British government could still – at least in theory, if not with some difficulty in practice – legislate for the Australian states, and the viceroys in the states were appointed by and represented the sovereign of the United Kingdom, not that of Australia.[139] As late as 1976, the British ministry advised the Queen to refuse Colin Hannah another term as Queensland's governor, after seriously considering unilaterally dismissing him due his breach of political impartiality, despite the recommendation of the then state Bjelke-Petersen government for his nomination.[140][141] Additionally, court cases from state supreme courts could be appealed directly to the Judicial Committee of the Privy Council in London, thereby bypassing the Australian High Court which otherwise could not be appealed in the privy council for federal matters since 1968 and for state matters since 1975.[142][143] In 1973 reference to the United Kingdom was removed by the Royal Style and Titles Act. Henceforth, the monarch would be styled uniquely as Queen of Australia. The Queen signed her assent to the Act at Government House, Canberra that year, leading Senior Vice President of the Labor Party, Jack Egerton, to remark to her, "They tell me, love, you've been naturalised."[144][145] It was with the passage of the Australia Act 1986, which repealed the Colonial Laws Validity Act and abolished appeals of state cases to London, that the final vestiges of the British monarchy in Australia were removed, leaving a distinct Australian monarchy for the nation. The view in the Republic Advisory Committee's report in 1993 was that if, in 1901, Victoria, as Queen-Empress, symbolised the British Empire of which all Australians were subjects, all of the powers vested in the monarch under Australia's Constitution were now exercised on the advice of the Australian government.[16]
It is my duty to seek to remain true to the interests of Australia and all Australians as we enter the 21st century. That is my duty. It is also my privilege and my pleasure. I cannot forget that I was on my way to Australia when my father died. Since then, and since I first stepped ashore here in Sydney in February 1954, I have felt part of this rugged, honest, creative land. I have shared in the joys and the sorrows, the challenges and the changes that have shaped this country's history over these past 50 years.[146][147]
Elizabeth II, Queen of Australia, 2000
The 1999 Australian republic referendum was defeated by 54.4 per cent of the populace, despite polls showing that the majority supported becoming a republic.[148] Many commentators have argued that disagreement between republicans as to the preferred model for a republic (most notably over whether the president should be appointed or directly elected) was a key factor in the "no" result.[149][150] The referendum followed the recommendation of a 1998 Constitutional Convention called to discuss the issue of Australia becoming a republic.
Elizabeth II died on 8 September 2022. She was the longest serving monarch and was succeeded by her son, Charles III. The coronation of Charles III and Camilla took place on 6 May 2023.
Debate
[edit]Public polling
[edit]A poll taken by Morgan in October 2011 found that support for constitutional change was at its lowest for 20 years. Of those surveyed, 34 per cent were for a republic, as opposed to 55 per cent preferring to maintain the current constitutional arrangements.[151] A peer-reviewed study published in the Australian Journal of Political Science in 2016 found that there had been a significant increase to support for monarchy in Australia after a 20-year rapid decline following the 1992 annus horribilis.[152]
A Newspoll in November 2018 found support for the monarchy had climbed to its highest point in 25 years.[153] A YouGov poll in July 2020 found that 62 per cent of respondents supported replacing the monarch with "an Australian head of state".[154] A 2021 Ipsos poll found 40 per cent of respondents were opposed to Australia becoming a republic, 34 per cent were in favour, and 26 per cent didn't know. This was the lowest support recorded for republicanism since 1979.[155]
Political debate
[edit]Whereas prime minister Julia Gillard stated that she would like to see Australia become a republic, she, on 21 October 2011, at a reception in the presence of the Queen at Parliament House, asserted that the monarch is "a vital constitutional part of Australian democracy and would only ever be welcomed as a beloved and respected friend".[156] After Kevin Rudd was appointed as prime minister, he affirmed that a republic was still a part of his party's platform and stated his belief that the debate on constitutional change should continue.[157]
Gillard had, during her time as prime minister, propounded that an appropriate time for Australia to become a republic would be after the end of the reign of Queen Elizabeth II. Following Elizabeth's death, the Prime Minister, Anthony Albanese, said in an interview he wanted Australia to have an appointed head of state, but he did not have a timetable for a referendum, did not commit to advising one take place during his time as prime minister, and postulated that no vote should happen until demand rose from the grassroots.[158] Albanese had earlier stated he would, out of respect for the Queen, merely refrain from having the governor-general call a referendum before the next election for the House of Representatives.[159][160]
Republicans have dismissed the large public turnouts during royal tours as "the cult of celebrity".[161] However, following Prince William's and Catherine's visit to the Blue Mountains after devastating bush fires in 2014, historian Jane Connors opined that "there is still a sense that having the royal family come to see you is more healing and significant than just having anyone come to see you", citing comments made by some who had come to the area while the royal couple were present.[162] Ex-governor-general Michael Jeffery has also argued that the constitutional monarchy has been key to Australia's political stability and lack of civil wars.[163]
The idea of a uniquely Australian monarch, resident in Australia, has been voiced occasionally. The proposition was first published in 1867.[164] It was later reiterated by Alan Atkinson in his 1993 book The Muddle Headed Republic,[165] by Harry Meklonian in 2009,[166] and by Richard Hughes in 2017.[167] In a similar vein, Waleed Aly suggested in 2022 replacing the monarch with a life appointed Indigenous "First Elder".[168] Another possibility would be to crown someone in the line of succession to the Australian throne, but who is not expected to become monarch by the present rules of succession.[166]
List of monarchs of Australia
[edit]Colonial period (1770–1901)
[edit]Federation (1901–present)
[edit]British Crown (1901–1939)
[edit]Portrait | Regnal name (Birth–Death) Royal dynasty |
Reign | Full name | Consort | |
---|---|---|---|---|---|
Start | End | ||||
Victoria (1819–1901) House of Hanover |
1 January 1901 | 22 January 1901 | Alexandrina Victoria | Widowed | |
Governor-general: John Hope, 7th Earl of Hopetoun | |||||
Prime minister: Edmund Barton | |||||
Edward VII (1841–1910) House of Saxe-Coburg and Gotha |
22 January 1901 | 6 May 1910 | Albert Edward | Alexandra of Denmark | |
Governors-general: John Hope, 7th Earl of Hopetoun, Hallam Tennyson, 2nd Baron Tennyson, Henry Northcote, 1st Baron Northcote, William Ward, 2nd Earl of Dudley | |||||
Prime ministers: Edmund Barton, Alfred Deakin, Chris Watson, George Reid, Alfred Deakin, Andrew Fisher, Alfred Deakin | |||||
George V (1865–1936) House of Saxe-Coburg and Gotha (until 1917) House of Windsor (after 1917) |
6 May 1910 | 20 January 1936 | George Frederick Ernest Albert | Mary of Teck | |
Governors-general: William Ward, 2nd Earl of Dudley, Thomas Denman, 3rd Baron Denman, Sir Ronald Ferguson, Henry Forster, 1st Baron Forster, John Baird, 1st Baron Stonehaven, Sir Isaac Isaacs | |||||
Prime ministers: Andrew Fisher, Joseph Cook, Andrew Fisher, Billy Hughes, Stanley Bruce, James Scullin, Joseph Lyons | |||||
Edward VIII (1894–1972) House of Windsor |
20 January 1936 | 11 December 1936 | Edward Albert Christian George Andrew Patrick David | None | |
Governors-general: Sir Isaac Alfred Isaacs, Alexander Hore-Ruthven, 1st Earl of Gowrie | |||||
Prime minister: Joseph Lyons | |||||
George VI (1895–1952) House of Windsor |
11 December 1936 | 3 September 1939 | Albert Frederick Arthur George | Elizabeth Bowes-Lyon | |
Governors-general: Alexander Hore-Ruthven, 1st Earl of Gowrie | |||||
Prime ministers: Joseph Lyons, Sir Earle Page, Robert Menzies |
Australian Crown (1939–present)
[edit]The date of separation of the Australian Crown from the British Crown is a matter of debate (see emergence of a separate Crown above), however the process most likely occurred in the 1930s to 1940s, and was complete by at least 1948.
Portrait | Regnal name (Birth–Death) Royal dynasty |
Reign | Full name | Consort | |
---|---|---|---|---|---|
Start | End | ||||
George VI (1895–1952) House of Windsor |
3 September 1939 | 6 February 1952 | Albert Frederick Arthur George | Elizabeth Bowes-Lyon | |
Governors-general: Alexander Hore-Ruthven, 1st Earl of Gowrie, Prince Henry, Duke of Gloucester, Sir William McKell | |||||
Prime ministers: Robert Menzies, Arthur Fadden, John Curtin, Frank Forde, Ben Chifley, Robert Menzies | |||||
Elizabeth II (1926–2022) House of Windsor |
6 February 1952 | 8 September 2022 | Elizabeth Alexandra Mary | Philip Mountbatten | |
Governors-general: Sir William McKell, Sir William Slim, William Morrison, 1st Viscount Dunrossil, William Sidney, 1st Viscount De L'Isle, Richard Casey, Baron Casey, Sir Paul Hasluck, Sir John Kerr, Sir Zelman Cowen, Sir Ninian Stephen, William Hayden, Sir William Deane, Peter Hollingworth, Michael Jeffery, Dame Quentin Bryce, Sir Peter Cosgrove, David Hurley | |||||
Prime ministers: Sir Robert Menzies, Harold Holt, John McEwen, John Gorton, William McMahon, Gough Whitlam, Malcolm Fraser, Bob Hawke, Paul Keating, John Howard, Kevin Rudd, Julia Gillard, Kevin Rudd, Tony Abbott, Malcolm Turnbull, Scott Morrison, Anthony Albanese | |||||
Charles III (born 1948) House of Windsor |
8 September 2022 | Present | Charles Philip Arthur George | Camilla Shand | |
Governors-general: David Hurley, Samantha Mostyn | |||||
Prime ministers: Anthony Albanese |
Timeline of monarchs since Federation
[edit]See also
[edit]- Australian State Coach
- List of Australian organisations with royal patronage
- Royal tours of Australia
- List of Commonwealth visits made by Elizabeth II
- List of prime ministers of Elizabeth II
- List of sovereign states headed by Elizabeth II
- Australian peers and baronets
- Wattle Queen
- King-in-Parliament
Notes
[edit]- ^ Queen Elizabeth died at 3:10pm 8 September in Balmoral, UK which would have been 9 September in some Australian states.[2] The Australian Government acknowledges King Charles III's accession day as the day he became king in the United Kingdom, 8 September.[3]
- ^ A proposal to remove "the second" and "by the grace of God" was dropped after the Queen indicated her preference that those phrases remain.[28][29][30]
- ^ Section 2 refers to "the Queen"[5] (at the time, Queen Victoria) and covering clause 2 requires that to be interpreted as referring to her "heirs and successors in the sovereignty of the United Kingdom".
References
[edit]Specific references
[edit]- ^ "Australian System of Government". Parliamentary Education Office. 3 November 2023.
Australia is a representative democracy and a constitutional monarchy. It is also a federation of states. Many features of Australia's system of government are based on the Westminster system.
- ^ "The day Queen Elizabeth died: the inside story of her final hours". The Guardian. Retrieved 16 June 2023.
- ^ "Coronation frequently asked questions". www.pmc.gov.au. Australian Department of the Prime Minister and Cabinet. Retrieved 6 November 2023.
- ^ "Governor-General's Commission". Federal Register of Legislation. Commonwealth of Australia Gazette. 2 July 2019. Federal Register id: C2019G00563. Archived from the original on 15 January 2024.
- ^ a b Constitution (Cth) s 2
- ^ Letters Patent Relating to the Office of Governor‑General of the Commonwealth of Australia, 21 August 2008 "Office of Governor-General of the Commonwealth of Australia – 21/08/2008". Archived from the original on 14 July 2022. Retrieved 8 April 2023.
- ^ a b Australia Act 1986 (Cth) s 7
- ^ Rhodes, Campbell (30 April 2018). "What Does a State Governor Do?". Museum of Australian Democracy at Old Parliament House. Archived from the original on 5 November 2023.
- ^ a b "The role of the Governor-General". The Governor-General of the Commonwealth of Australia. Archived from the original on 25 October 2023. Retrieved 5 November 2023.
Under the Australian Constitution, the only action performed by The King is the appointment of the Governor-General (on the advice of the Australian Prime Minister)
- ^ a b "Infosheet 20 - The Australian System of Government". Parliament of Australia. Retrieved 6 November 2023.
The King's only necessary constitutional function is to appoint the Governor-General, and in doing this the King acts as advised by the Australian Prime Minister. The Constitution gives the King the power to disallow an Australian Act of Parliament, but this has never been done and it is extremely unlikely that it would ever be done.
- ^ Commonwealth of Australia Constitution Act 1900 (Imp) s 2
- ^ Australia's Constitution: With Overview and Notes by the Australian Government Solicitor (PDF). Parliamentary Education Office and Australian Government Solicitor, Canberra. November 2022. p. iii.
The Constitution itself is contained in clause 9 of the British Act. The first eight clauses of the British Act are commonly referred to as the 'covering clauses'. They contain mainly introductory, explanatory and consequential provisions. For example, covering clause 2 provides that references to 'the Queen' (meaning Queen Victoria, who was British sovereign at the time the British Act was enacted) shall include references to Queen Victoria's heirs and successors. Following the death of Queen Elizabeth II in September 2022, references in the Constitution to 'the Queen' now include King Charles III.
- ^ a b "Realms and Commonwealth". royal.uk. Retrieved 24 December 2023.
- ^ Trepanier, Peter (2004). "Some Visual Aspects of the Monarchical Tradition" (PDF). Canadian Parliamentary Review. 27 (2). Ottawa: Commonwealth Parliamentary Association: 28. Retrieved 21 July 2020.
- ^ Sue v Hill [1999] HCA 30 at para 57, (1999) 199 CLR 462.
- ^ a b c Republic Advisory Committee (1993). An Australian Republic: The Options. Parliamentary Papers No. 168. Australian Government Publishing Service. pp. 28–30. ISBN 0-644-32590-9 – via Trove, National Library of Australia.
- ^ Twomey 2010, pp. 457–461.
- ^ Twomey 2010, p. 459.
- ^ Twomey 2010, pp. 459–461.
- ^ Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72 at para [28], (2003) 218 CLR 28
- ^ Twomey 2010, pp. 456–479.
- ^ Royal Style and Titles Act 1973 (Cth)
- ^ "What is The King's title in Australia?". Department of Prime Minister and Cabinet. Retrieved 1 June 2023.
- ^ Twomey 2006, pp. 106–107.
- ^ "Documents on Canadian External Relations; Volume No. 18 – 2; Chapter 1, Part 2, Royal Style and Titles". Archived from the original on 16 September 2004.
- ^ a b Royal Style and Titles Act 1953 (Cth).
- ^ Whitlam, Gough (1 May 1973). "Parliamentary Statement by Whitlam". Department of Foreign Affairs and Trade. NAA: Al209, 1973/6398.
- ^ Twomey 2010, p. 451.
- ^ Smith, David (March 1996). "An Australian Head of State: An Historical and Contemporary Perspective". Parliament of Australia. Papers on Parliament No. 27: Reinventing Political Institutions. ISSN 1031-976X.
What Whitlam did was remove the words 'United Kingdom' and 'Defender of the Faith' from the 1953 style ... He had wanted also to remove the words 'by the Grace of God', but the Queen would not hear of it.
- ^ "457 File Note by Bunting". Department of Foreign Affairs and Trade. 22 April 1973. NAA: A1209, 1973/6398.
- ^ "Royal Style and Titles Act 1973 (Cth)". Museum of Australian Democracy. Retrieved 3 November 2015.
- ^ Royal Style and Titles Act 1947 (WA)
- ^ Royal Styles and Titles Act 1973 (SA)
- ^ Twomey 2011, pp. 453–5, 475–6.
- ^ The full title was to be "Elizabeth the Second, by the Grace of God Queen of the United Kingdom, Australia, Queensland and Her other Realms and Territories, Head of the Commonwealth"
- ^ Commonwealth v Queensland [1975] HCA 43, (1975) 134 CLR 298.
- ^ Twomey 2006, pp. 146–60.
- ^ a b Twomy, Anne (6 December 2012). "The law of succession to the Australian throne". Constitutional Critique. University of Sydney.
- ^ a b Statute of Westminster Adoption Act 1942 (Cth) s 3, sch 1
- ^ Twomey, Anne (13 October 2011). "Changing the Rules of Succession to the Throne". Sydney Law School Research Paper (11/71).
- ^ "Australia holds up changes to royal succession laws". The Guardian. Agence France-Presse. 27 February 2014. ISSN 0261-3077. Retrieved 19 November 2023.
- ^ Constitution (Cth) s 51(xxxviii)
- ^ "Northern Territory Second Reading Speeches: Succession To The Crown (Request) (National Uniform Legislation) Bill 2013". Austlii. Retrieved 19 November 2023.
The Northern Territory's constitutional position means that it is not constitutionally necessary for the Territory to request or consent to the Commonwealth enactment, however the government considers it desirable to ensure so far as possible, that arrangements in place in the Northern Territory mirror those in place between the Commonwealth and the states.
- ^ Succession to the Crown Act 2015 (Cth)
- ^ Succession to the Crown Commencement Proclamation 2015 (Cth) Archived 2 February 2016 at the Wayback Machine, ComLaw
- ^ "Written statements - Written questions, answers and statements - UK Parliament". Archived from the original on 5 July 2016.
- ^ Evans, Jake (11 September 2022). "Charles III proclaimed King of Australia". ABC News. Retrieved 10 December 2023.
- ^ "Proclamation of King Charles III". Government House Queensland. 11 September 2022. Retrieved 10 December 2023.
- ^ Greg Taylor (2006), The Constitution of Victoria, Sydney: Federation Press, p. 69
- ^ Hodge, Joel (12 October 2022). "King Charles III will be crowned in May. The ritual has ancient origins – here's what we can expect". The Conversation. Retrieved 10 December 2023.
- ^ Heard, Andrew (1990). "Canadian Independence". sfu.ca.
- ^ Davidson, Helen (7 April 2018). "Royal visit flight costs could top $100,000 for Australian taxpayers". The Guardian. Retrieved 9 April 2018.
- ^ Mason, John (1998), Diplomatic Despatches, Canberra: National Library of Australia, p. 179, ISBN 9780642107978
- ^ "Coronation order of service in full". BBC News. 5 May 2023. Archived from the original on 22 June 2023.
- ^ Love v Commonwealth [2020] HCA 3 at [13], (2020) 270 CLR 152, High Court (Australia)
- ^ a b "Oaths and affirmations made by the executive and members of federal Parliament since 1901". Parliament of Australia. 3 June 2013. Retrieved 18 September 2013.
- ^ "What is the Oath or Affirmation for Ministers and how can it be changed?". Parliamentary Education Office. Commonwealth of Australia. 6 September 2022. Retrieved 2 November 2023.
- ^ Chang, Charis (25 May 2022). "Anthony Albanese choses [sic] secular affirmation of office at his swearing-in ceremony". news.com.au. News Corp Australia.
- ^ Prince, Peter; Law and Bills Digest Group (24 November 2003). We are Australian: The Constitution and Deportation of Australian-born Children (Report). Vol. 2003–04. Information and Research Services, Department of the Parliamentary Library. ISSN 1328-7478. Archived from the original on 20 April 2022.
- ^ Re Minister for Immigration and Multicultural Affairs; Ex parte Te [2002] HCA 48 at 223, (2002) 212 CLR 162, High Court (Australia)
- ^ Davenport, Mischa (2021). "Love v Commonwealth: The Section 51(xix) Aliens Power and a Constitutional Concept of Community Membership". Sydney Law Review. 43 (4) – via Austlii.
- ^ Arcioni, Elisa (2016). "The Core of the Australian Constitutional People: 'The People' as 'The Electors'". University of New South Wales Law Journal. 39 (1) – via Informit.
- ^ Government and Politics in Australia, 10th edition, by Alan Fenna and others, P.Ed Australia, 2013. Chapter 2, headnote, p.12 and Note 2 p.29.
- ^ "Infosheet 20 - The Australian system of government". Parliament of Australia. February 2023. Archived from the original on 20 December 2016.
- ^ "The role of the Governor-General". The Governor-General of the Commonwealth of Australia. Retrieved 15 January 2024.
The Governor-General of Australia is His Majesty The King's representative. In practice, they are Australia's Head of State and have a range of constitutional and ceremonial duties.
- ^ a b Williams, George; Brennan, Sean & Lynch, Andrew (2014). Blackshield and Williams Australian Constitutional Law and Theory (6 ed.). Leichhardt, NSW: Federation Press. p. 2. ISBN 978-1-86287-918-8.
- ^ "Role of the Governor". Government House Queensland. Retrieved 12 January 2024.
- ^ "Role of the Governor". Government House Adelaide. Retrieved 12 January 2024.
- ^ "Role of the Governor". Governor of New South Wales. Retrieved 12 January 2024.
- ^ "Role of the Governor". Government House Western Australia. Retrieved 12 January 2024.
- ^ "Role of the Governor". The Governor of Tasmania. Retrieved 12 January 2024.
- ^ "Governor's role". Governor of Victoria. 22 August 2023. Retrieved 12 January 2024.
- ^ Kumarasingham, H. (2021). Viceregalism: The Crown as Head of State in Political Crises in the Postwar Commonwealth. Palgrave Macmillan. pp. 292–3. ISBN 978-3-030-46282-6.
- ^ "Australia's Head Of State". Australian's for Constitutional Monarchy: Toowoomba Branch. Archived from the original on 4 March 2016. Retrieved 4 November 2023.
- ^ Office of the Governor-General of Australia. "About the Governor-General: Governor-General's role". Australian Government Publishing Service. Archived from the original on 15 October 2012. Retrieved 16 March 2011.
- ^ "Brumby updates Queen on bushfire recovery". ABC News. 6 October 2009.
- ^ Australian Government Department of Foreign Affairs and Trade: Negotiating and Implementing Treaties Archived 31 December 2014 at the Wayback Machine
- ^ Australian Government Department of Foreign Affairs and Trade: Treaties, the Constitution and the National Interest Archived 31 December 2014 at the Wayback Machine
- ^ Governor-General of Australia :: Governor-General's Role Archived 15 October 2012 at the Wayback Machine. Gg.gov.au.
- ^ "Presentation of Bills for Assent". Parliament of Australia. Retrieved 5 November 2023.
- ^ Australian Government: It's an Honour: Official Creation of Awards Archived 24 December 2016 at the Wayback Machine. Itsanhonour.gov.au (16 May 2011).
- ^ Commonwealth of Australia Gazette; No. S 86, Monday, 30 May 2005 Archived 21 February 2007 at the Wayback Machine
- ^ Constitution (Cth) s 1
- ^ Parliamentary Education Office. "Australian Parliament". Parliament of the Commonwealth of Australia. Retrieved 1 November 2023.
- ^ F. Hugh Eveleigh. "The Crown". Australian Nationhood Foundation. Retrieved 1 November 2023.
- ^ Saunders, Cheryl (2015). "The Concept of the Crown" (PDF). Melbourne University Law Review. 38 (3). ISSN 0025-8938. SSRN 2631854.
- ^ "Why must the mace be present? Why did the make it a mace? Why not a sword? Is the mace a symbol of power?". Parliamentary Education Office. Retrieved 5 November 2023.
- ^ "History and role of the Mace". Parliament of Australia. Retrieved 5 November 2023.
- ^ Australian Constitution (Cth) s 5
- ^ "Frequently Asked Questions". Office of Parliamentary Counsel. Australian Government. Retrieved 30 October 2023.
- ^ "1967 Referendum – Royal Assent to Constitution Alteration (Aboriginals)". National Archives of Australia. Retrieved 2 November 2023.
- ^ Flinders Barr (1 October 1932). "The Great Seal of the Commonwealth". The Sydney Morning Herald via The National Library of Australia. Retrieved 1 November 2023.
- ^ Department of the Prime Minister and Cabinet (2021). Federal Executive Council Handbook (PDF) (Report). Commonwealth of Australia. paras 164-166. ISBN 978-1-925364-53-8. Archived (PDF) from the original on 5 August 2023.
- ^ Australian Constitution (Cth) s 59
- ^ Final report of the Constitutional Commission. 1988. pp. 82–83. ISBN 0-644-06897-3 – via Trove.
- ^ a b Gibbs, Harry (16 October 2003). "The Crown and the High Court - Celebrating the 100th birthday of the High Court of Australia". Australians for Constitutional Monarchy. Archived from the original on 27 April 2016.
- ^ Mann v O'Neill [1997] HCA 28 at footnote 260, (1997) 191 CLR 204, 268, High Court (Australia)
- ^ Zemek, Steve (9 September 2022). "Queen's Counsel to become King's Counsel after death of Elizabeth II". news.com.au.
- ^ Tasmania v Lee [2005] TASSC 117, (2005) 15 Tas R 213, Supreme Court (Tas, Australia)
- ^ AJ v Western Australia [2007] WASCA 228, (2007) 177 A Crim R 247, Court of Appeal (WA, Australia)
- ^ Crown Suits Act 1947 (WA) s 5
- ^ Lord Somervell of Harrow (27 August 1959). "The State as Defendant". Australian Law Journal. 33 (4): 154 – via Westlaw.
- ^ "Appeals". Attorney-General's Department. Retrieved 25 November 2023.
- ^ Section 475(1) Crimes Act 1900 (ACT); ss 474B and 474C Crimes Act 1900 and s 26 Criminal Appeal Act 1912 (NSW); s 433A Criminal Code (Northern Territory); ss 669A, 672A Criminal Code 1899 (Queensland); s 369 Criminal Law Consolidation Act 1935 (South Australia); ss 398, 419 Criminal Code (Tasmania); s 584 Crimes Act 1958 (Victoria); s 21 Criminal Code and Part 19 Sentencing Act 1995 (Western Australia)
- ^ Buckingham Palace: Guidelines and Procedures for the Acceptance, Classification, Retention and Disposal of Gifts to Members of the Royal Family. Royal.gov.uk (22 August 2012). Archived 14 February 2008 at the Wayback Machine
- ^ The Princess Royal to visit areas affected by the Victorian bushfires. Royal.gov.uk. Archived 24 February 2009 at the Wayback Machine
- ^ Constitution (Cth) s 68
- ^ Raspal Khosa (2004). Australian Defence Almanac 2004–05. Australian Strategic Policy Institute, Canberra. Page 4.
- ^ "RAR; the Royal Australian Regiment; a history". Archived from the original on 9 September 2010. Retrieved 22 September 2010.
- ^ Prince Philip, Duke of Edinburgh Archived 5 March 2016 at the Wayback Machine. Mlahanas.de.
- ^ "Heads or Tails". Royal Australian Mint. 8 January 2016. Retrieved 3 April 2022.
- ^ "$5 Banknote". Reserve Bank of Australia. Retrieved 3 April 2022.
- ^ "The Platinum Jubilee stamps that have met the Queen's approval". The Sydney Morning Herald. 4 April 2022.
- ^ Roy, Tahlia (4 October 2023). "Royal Australian Mint unveils image of King Charles III set to appear on $1 coins before end of this year". ABC News. Retrieved 2 November 2023.
- ^ Beazley, Jordyn (2 February 2023). "Australia's new $5 banknote will feature Indigenous history instead of King Charles". The Guardian. ISSN 0261-3077. Retrieved 2 November 2023.
- ^ "Commonwealth Coat of Arms". Department of the Prime Minister and Cabinet. Retrieved 3 April 2022.
- ^ "It's an Honour - Honours - Awards - A-Z of Awards - National Medal". 7 January 2009. Archived from the original on 7 January 2009.
- ^ "Order of Australia Handbook" (PDF) (16th ed.). Government House, Canberra: Office of the Official Secretary to the Governor-General. August 2023. p. 13.
- ^ "Grace and Loyal Toast". governor.nsw.gov.au. Governor of New South Wales. Retrieved 11 April 2022.
- ^ "Australian National Anthem – History". Australian Government. 10 July 2007. Archived from the original on 6 September 2015. Retrieved 1 November 2007.
- ^ "Australian National Anthem". Department of the Prime Minister and Cabinet. Australian Government. Retrieved 26 April 2020.
- ^ Debrett's Handbook of Australia and New Zealand, Debrett's Peerage, 1984, p. 207, ISBN 9780949137005
- ^ "The Australian Coat of Arms". www.anbg.gov.au.
- ^ "Why you have bad weather and King George VI to thank for the Queen's Birthday long weekend". ABC News. 12 June 2021.
- ^ "Is Queen's Birthday a public holiday in your state?". news.com.au. 10 June 2021.
- ^ "Queen's Birthday Parade Returns to Duntroon". army.gov.au. 12 June 2021.
- ^ "The Church of England Australia was organised on the basis that it was part of the Church of England, not merely 'in communion with', or 'in connection with', the Church of England. Thus any changes to doctrine or practice in England were to be applied in Australia, unless the local situation made the change inapplicable.... A new national constitution was agreed in 1961 and came into force on 1 January 1962. This created a new church, the Church of England in Australia, and severed the legal nexus with the Church of England." Outline of the Structure of the Anglican Church of Australia, p. 5.
- ^ Part 2 – The Anglican Church in Australia Archived 8 May 2016 at the Wayback Machine, Anglican Church of Australia. Retrieved 17 January 2017.
- ^ Kirby, Michael (2021). "250 Years of the Crown in Australia: From James Cook to the Palace Papers (1770–2020". Australian Law Journal. 95 – via Westlaw.
- ^ "Australia: History and Present Government". royal.gov.uk. Archived from the original on 11 February 2008. Retrieved 3 November 2023.
- ^ Day, D; Claiming a Continent; Harper Collins, 1997; p.38
- ^ B. Hunter (ed) The Statesman's Year Book, MacMillan Press, p.102 ff.
- ^ David Smith, Head of State, Macleay Press 2005, p.24
- ^ Statute of Westminster 1931 (c. 4) s. 4 Archived 4 August 2009 at the Wayback Machine; cf McInn, W.G.; A Constitutional History of Australia; p.152
- ^ Statute of Westminster Adoption Act 1942 (Cth) s 3 Archived 3 March 2016 at the Wayback Machine Craig, John; Australian Politics: A Source Book; p.43
- ^ Cunneen, Chris. "Gloucester, first Duke of (1900–1974)". Australian Dictionary of Biography. Australian National University.
- ^ Magnay, Jacquelin (27 January 2011). "Prince Charles says 'Pommy' insults were character building". The Daily Telegraph. London.
- ^ "Prince Harry arrives for gap year in Australia". BBC News. 23 September 2003.
- ^ Craig; p.43
- ^ Twomey 2006, pp. 62–68.
- ^ Chipp, Don; An Individual View; p.144
- ^ Gleeson, Murray (18 June 2008). "The Privy Council – An Australian Perspective" (PDF). hcourt.gov.au (Speech for the Anglo-Australasian Lawyers Society, The Commercial Bar Association, and The Chancery Bar Association). London. p. 16.
- ^ Creyke, Robin; Hamer, David; O'Mara, Patrick; Smith, Belinda; Taylor, Tristan (2021). Laying down the law (11th ed.). Chatswood: LexisNexis. pp. 271–4. ISBN 978-0-409-35193-4.
- ^ "Whitlam Institute Australia the Nation". Whitlam Institute.
- ^ "Royal Style and Titles Act 1973 (Cth)". Documenting A Democracy. Museum of Australian Democracy.
- ^ "You decide when monarchy goes, Queen tells Australians". TheGuardian.com. 20 March 2000.
- ^ "A speech by the Queen at the Sydney Opera House". The Royal Family. 20 March 2010.
- ^ "[Newspoll Republic Polls]" (PDF). Newspoll. Archived from the original (PDF) on 15 June 2005.
- ^ "1999: Republic referendum". Museum of Australian Democracy at Old Parliament House. Retrieved 2 November 2023.
- ^ "Paul Keating: Republicanism". Skwirk Online Education. Archived from the original on 15 January 2016.
- ^ "Republic floats away as royal reign lingers" by Judith Ireland, The Canberra Times, 22 October 2011.
- ^ Mansillo, Luke (25 January 2016). "Loyal to the Crown: shifting public opinion towards the monarchy in Australia". Australian Journal of Political Science. 51 (2): 213–235. doi:10.1080/10361146.2015.1123674. S2CID 155419597.
- ^ Murphy, Katharine (12 November 2018). "Newspoll gives Labor a commanding 10-point lead over the Coalition". The Guardian.
- ^ Wood, Miranda (12 July 2020). "Poll finds majority want an Australian head of state". The Sunday Telegraph. Retrieved 12 July 2020.
- ^ Topsfield, Jewel (25 January 2021). "'No sense of momentum': Poll finds drop in support for Australia becoming a republic". The Sydney Morning Herald. Retrieved 27 November 2021.
- ^ Speech by Prime Minister of Australia, Julia Gillard, 21 October 2011, Parliament House
- ^ O'Malley, Sandra. "Kevin Rudd Reaffirms Support for Republic". Perth Now. Archived from the original on 11 April 2008.
- ^ Albanese, Anthony (3 May 2023). "Television interview - Piers Morgan Uncensored" (Interview). Interviewed by Piers Morgan. pm.gov.au.
- ^ Lynch, Cordelia (11 September 2022). "Australian PM says he will not hold republic referendum during his first term out of 'deep respect' for Queen". Sky News (UK). Retrieved 11 September 2022.
- ^ Lynch, Cordelia (11 September 2022). "Queen dies: Australian prime minister Anthony Albanese rules out republic referendum in first term". Sky News (UK). Retrieved 11 September 2022.
- ^ "The Queen and I (2000) - Charles Wooley's meeting with the Queen | 60 Minutes Australia". YouTube. 2 May 2018.
- ^ "Historian Jane Connors on Royal visits to Australia". Australian Broadcasting Corporation. 10 August 2015.
- ^ Jeffery, Michael (23 June 2003). "Transcript - World Today with Major General Jeffery - 23 June 2003". Governor-General of the Commonwealth of Australia. Archived from the original on 2 June 2009.
- ^ Davidson, Jim (5 June 2012). "The lost option". Griffith Review.
- ^ Irving, Helen (1997), "Republicanism and Citizenship", in Galligan, Brian; McAllister, Ian; Ravenhill, John (eds.), New Developments in Australian Politics, Macmillan Education Australia, p. 135, ISBN 9780732943042, retrieved 9 May 2023
- ^ a b Melkonian, Harry (13 November 2009), "A novel solution to the republican debate", The Sydney Morning Herald, retrieved 9 May 2023
- ^ Hughes, Richard (1 December 2017), "Call me old-fashioned, but Prince Harry wouldn't be a bad monarch Down Under", The Sydney Morning Herald, retrieved 9 May 2023
- ^ Aly, Waleed (22 September 2022). "Forget a president – here's another idea". The Sydney Morning Herald. Retrieved 25 December 2023.
General references
[edit]- Hill, David (2016). Australia and the Monarchy. Random House. ISBN 978-0-85798-754-9.
- Twomey, Anne (2010). The Australia Acts 1986: Australia's Statutes of Independence. Annandale, NSW: Federation Press. ISBN 978-1-86287-807-5.
- Twomey, Anne (2006). The Chameleon Crown: The Queen and her Australian Governors. Annandale, NSW: Federation Press. ISBN 978-1-86287-629-3 – via Internet Archive.
- Smith, David (2005). Head of State: The Governor-General, the Monarchy, the Republic and the Dismissal. Paddington, NSW: Macleay Press. ISBN 978-1-876492-15-1.