House debates

Wednesday, 15 November 2023

Bills

Crown References Amendment Bill 2023; Second Reading

7:28 pm

Photo of Patrick GormanPatrick Gorman (Perth, Australian Labor Party, Assistant Minister to the Prime Minister) Share this | Hansard source

To sum up this debate, I want to first thank honourable members for their constructive contributions on this debate and for other contributions as well. Following exchanges with those in the opposition, I do seek to provide an assurance regarding oaths and affirmations. The intention of this provision is that the applicable pronoun is determined by the relevant sovereign and not left to the person giving the oath. Therefore, the provisions will operate to require any person taking an oath of affirmation during the reign of King Charles III to refer to His Majesty.

Further, the honourable member for Capricornia sought assurances that our government had consulted with the Governor-General on this bill. Consistent with his constitutional responsibilities, the Governor-General plays an important role in all legislation at the royal assent stage. Accordingly, if this parliament asks the Governor-General to consider this matter, it will be presented to the Governor-General for royal assent in the orthodox manner of legislation covering a whole range of matters being passed on from the parliament to the Governor-General. I note that this is in accordance with the intended operation of section 58 of the Constitution and, further, as every member of this place would know, the King also has a consultation role in section 59 of the Constitution.

I thank the honourable member for Moreton, who spoke of his support for the bill, saying it is needed 'to update our Australian legislation'. Indeed, we need to update this after the sad passing of Queen Elizabeth II. I also note that this was something that we noted at the time of the Queen's passing, that there would be a requirement for legislation to update a range of Commonwealth acts—that was very clearly articulated at the time. At that point in time, it was well understood why the government would do this, and this is in keeping with that commitment.

I note the honourable member for Berowra spoke, and I always enjoy hearing his contributions about the Australian Constitution and about the depth of Australia's relationships with the world. He talked about the need for certainty in an ever-changing world. I would argue to the honourable member and to all in his party room that this continues that strong tradition of accepting the Constitutional arrangements which Australia has, and providing such certainty.

In conclusion, this updates a range of legislation that references Her Majesty Queen Elizabeth II in various acts of legislation to reflect the accession of a new sovereign. It is with this legislation that the parliament recognises His Majesty King Charles III as the new sovereign and that we pass this legislation to ensure that we bring important updates to references to the sovereign throughout the Australian legislative framework. These changes reflect the end of the second Elizabethan age and the beginning of a new age with our new king, His Majesty King Charles III.

I thank the member for Kennedy for his contributions and his views on currency. It brings us to another important question which I am pleased to update the parliament on: the Department of Prime Minister and Cabinet has had a range of conversations and, when the King should choose to provide Australia with an official portrait, we are ready to ensure that it is available for all members and senators to provide to their constituents. I will do everything I can to ensure that there is a smooth process, because I know there is great interest in the Australian community not just in this legislation but also in ensuring that where those organisations such as RSLs, local councils and others want the official portrait of King Charles III, they can be provided that by their local member or senator as soon as it is provided to the Australian government.

Question unresolved.

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