Wednesday, 21 June 2023

Statute Law Amendment (References to the Sovereign) Bill 2023

Statement of compatibility

Danny PEARSON (Essendon – Minister for Government Services, Assistant Treasurer, Minister for WorkSafe and the TAC, Minister for Consumer Affairs) (10:54): In accordance with the Charter of Human Rights and Responsibilities Act 2006 I table a statement of compatibility in relation to the Statute Law Amendment (References to the Sovereign) Bill 2023.

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 Assembly, 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. Danny Pearson MP

Minister for Government Services

Assistant Treasurer

Minister for WorkSafe and the TAC

Minister for Consumer Affairs

Second reading

Danny PEARSON (Essendon – Minister for Government Services, Assistant Treasurer, Minister for WorkSafe and the TAC, Minister for Consumer Affairs) (10:54): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

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.

James NEWBURY (Brighton) (10:55): I move:

That debate be adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 5 July.