What are the authorized and constitutional penalties for Australia of Queen Elizabeth II’s dying?

The dying of Queen Elizabeth II has prompted many individuals, maybe for the primary time, to marvel: what occurs now, legally?

The truth is, there are clear guidelines round succession and the way it performs out in Australia. As a result of Queen Elizabeth has lived a very long time, there was numerous planning for the transition to the brand new king.

Demise of the Queen – the authorized and constitutional penalties for Australia. By Anne Twomey.

The change is computerized

Legally, there doesn’t should be something performed in Australia to outcome within the change from queen to king. That occurs routinely as quickly as a monarch dies. When Queen Elizabeth II died, Charles instantly grew to become king of Australia.

It is because the principles of succession in relation to the crown of Australia, whereas managed by Australia and a part of Australian legislation, are saved according to the British guidelines.

Most exercise shall be ceremonial and symbolic

There shall be proclamations made in each the UK and Australia. The governor-general will learn a proclamation at parliament home in Canberra. However that’s a ceremonial matter. It doesn’t have any authorized impact in altering the monarch.

There shall be a nationwide memorial service for the queen, flags will fly at half-mast, there shall be gun salutes and different public ceremonies to mark this momentous change. Church buildings will maintain ceremonies and the general public shall be invited to signal books of condolence. There’s a entire historical past of custom round royal mourning.

What are the authorized and constitutional penalties for Australia of Queen Elizabeth II’s dying?
The prime minister shall be heading to the UK for the queen’s funeral.
ABC by way of AP

However as a result of we haven’t had a change of monarch for thus lengthy, the traditions from the previous will most likely look totally different to these we use at present. Up to now, folks may need worn black, donned black armbands, or put up portraits of the queen draped in black and purple crepe.

It’s extra probably at present we might see folks laying flowers and signing remembrance books. The laying of flowers, nonetheless, will not be a very environmentally sound follow. It simply leaves a pile of soggy, rotting foliage. A greater manner of remembering Queen Elizabeth can be to plant a tree. The queen planted many timber in ceremonies throughout visits to all her realms, together with Australia. The brand new king, we all know, is a eager environmentalist and a tree-lover. So planting a tree, #royaltree, can be a extra acceptable signal of remembrance and respect.

What concerning the Australian parliament?

Australia’s parliament, which was as a result of sit subsequent week, will as a substitute break for 15 days.

This isn’t a authorized requirement; it’s a matter of alternative and an indication of respect. The prime minister shall be heading to the UK for the queen’s funeral, so it is usually a matter of practicality as he shall be in a foreign country.

There isn’t a authorized requirement for federal members of parliament to re-swear their oaths. They’ve already sworn an oath to Queen Elizabeth II and “her heirs and successors in keeping with legislation”, so that may proceed to use to the queen’s inheritor and successor, King Charles. However the Homes may select to have their members take new oaths, as a matter of symbolism.

Learn extra:
16 visits over 57 years: reflecting on Queen Elizabeth II’s lengthy relationship with Australia

Continuity is vital

Some folks could attempt to use the queen’s dying to argue that there are authorized penalties to the change which have an effect on authorized proceedings, the validity of legal guidelines or the powers of workplace holders. They relish arguing about seals and oaths in an try to make use of these technicalities to flee from the applying of the legislation or keep away from having to pay tax.

Nonetheless, there are quite a few legal guidelines that make it very clear that the dying of the monarch (which in authorized phrases is called the “demise of the crown”) doesn’t disrupt authorized proceedings, invalidate legal guidelines or require officers to re-take an oath in an effort to train authorized powers.

For instance, in NSW part 12(4B) of the Structure Act says that members of parliament should not have to re-swear their oath. Part 49A says that the holding of any workplace below the Crown will not be affected by the dying of the monarch and it isn’t essential for the workplace holder to take a brand new oath. Part 8 of the Crown Proceedings Act 1988 of NSW says that authorized proceedings are usually not affected by the demise of the Crown.

Passports, official seals and foreign money which point out the queen will all stay legitimate. The system of change from one monarch to the following is legally seamless, leaving it a matter for the folks how they resolve to mark the change in a ceremonial and symbolic method.

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