Thursday, 17 August 2023
Bills
Statute Law Amendment (References to the Sovereign) Bill 2023
Statute Law Amendment (References to the Sovereign) Bill 2023
Introduction and first reading
The PRESIDENT (17:22): I have a second message from the Assembly:
The Legislative Assembly presents for the agreement of the Legislative Council ‘A Bill for an Act to amend the Interpretation of Legislation Act 1984 in relation to references to the Sovereign, to amend the statute law of Victoria to revise language referring to the Queen and Her Majesty as a consequence of the death of Queen Elizabeth II and for other purposes’.
That the bill be now read a first time.
Motion agreed to.
Read first time.
Ingrid STITT: I move, by leave:
That the second reading be taken forthwith.
Motion agreed to.
Statement of compatibility
Ingrid STITT (Western Metropolitan – Minister for Early Childhood and Pre-Prep, Minister for Environment) (17:22): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:
Opening paragraphs
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Statute Law Amendment (References to the Sovereign) Bill 2023 (Bill).
In my opinion, the Bill as introduced to the Legislative Council, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.
Overview
The Bill will update Victorian laws to reflect the demise of Her Majesty Queen Elizabeth II and the accession of His Majesty King Charles III.
While the Interpretation of Legislation Act 1984 (ILA) contains provisions requiring Victorian laws be interpreted by reference to the successor upon demise of the Sovereign, the actual wording of each statute is incorrect unless specifically updated.
The Bill will also amend the ILA to clarify the operation of certain provisions and further future-proof legislation for demises or successions of the Sovereign.
Human Rights Issues
In my opinion there are no human rights protected by the Charter that are relevant to the Bill.
As such, there are no Charter rights limited by the Bill.
The Hon. Jaclyn Symes MP
Attorney-General
Minister for Emergency Services
Second reading
That the bill be now read a second time.
Ordered that second-reading speech be incorporated into Hansard:
During the more than 70-year historic reign of Her Majesty Queen Elizabeth II much of Victoria’s statute book was amended to reference “Her Majesty” or similar terms. With the accession of His Majesty King Charles III as Head of State, these references now require amendment.
While the Interpretation of Legislation Act 1984 (ILA) does provide that references in legislation to the Sovereign are to the Sovereign for the time being, the actual wording of each statute on its face is still incorrect. These amendments will ensure that the State’s laws remain relevant and accurate.
The Bill will update Victorian laws to replace “Her Majesty” with “His Majesty” and similar terms, such as “her” to “his” and “Queen” to “King”, as relevant. There is no intention to change the effect of those laws.
The Bill does not update a number of references in provisions of the Constitution Act 1975 (Constitution) to “Her Majesty” due to the need for compliance with important manner and form passage requirements in the Constitution. These include the need for a referendum to amend some provisions, and absolute majority and special majority passage requirements to amend other provisions. These provisions should be updated at the next available opportunity when there is a future change to similar provisions in the Constitution. In the meantime, the principles in the ILA will continue to apply to those provisions to ensure they are applied and read as being references to “His Majesty”.
To better future proof the demise or succession of the Sovereign, the ILA will also be amended to provide that unless a contrary intention appears, any reference to the Sovereign for the time being if it is a Queen or King is taken to be reference to “His Majesty” or “Her Majesty”, or “King” or “Queen”, as relevant.
As mentioned at the time of the Queen Elizabeth II’s passing by the government, her presence spanned countries, cultures, language and continents. That presence is also felt across Victoria’s statute book. While statute law amendment bills are required as a matter of good legislative housekeeping, this Bill, in a small way, acknowledges the Queen’s legacy.
I commend the Bill to the house.
Georgie CROZIER (Southern Metropolitan) (17:23): I move:
That debate on this bill be adjourned for one week.
Motion agreed to and debate adjourned for one week.