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In 1973, the Government under Prime Minister Gough Whitlam repealed the Royal Styles
and Titles Act, 1953, and passed the Royal Styles and Titles Act, 1973 (6). Thereby only
changing the Style and Title of the Head of the Commonwealth (the British
Commonwealth of Nations) to ‘Elizabeth II by the Grace of God Queen of Australia and
Her other Realms and Territories, Head of the Commonwealth’.
In 1984, the Government under Bob Hawke dispensed with the law, namely the
Constitution Act, by appointing the office of Governor-General under a Letters Patent
issued in the name of the Head of the Commonwealth (the British Commonwealth of
Nations) namely “Elizabeth the Second by the Grace of God Queen of Australia Her other
Realms and Territories, Head of the Commonwealth.” However, as already established,
the Style and Title of the Queen referred to in the Constitution Act cannot legally be
changed by an act of the Australian Parliament.
The Style and Title of the Queen of the
United Kingdom is created by an Act of the Parliament at Westminster.
The Head of the Commonwealth holds no powers or prerogatives under the Constitution
Act, and as such, a Governor-General, appointed by the Head of the Commonwealth, holds
no powers under our Constitution.
Therefore such Governor General cannot legally issue
Writs for elections, swear in any Parliament, or give the Royal Assent to any Bill. Those
rights and prerogatives are reserved for the representative and appointee of the Queen of
the United Kingdom of Great Britain and Northern Ireland, the Queen in Council, and the
Queen in Parliament at Westminster, the Queen defined under our Constitution or
otherwise known as ‘the Queen in right’.
A Governor-General appointed by the Queen of Australia is merely the representative of
the Head of the Commonwealth. The Head of the Commonwealth does not hold powers
within the Parliaments of India, Pakistan or South Africa, and cannot legally hold any
powers within the Parliaments of Australia.
The Queen of Australia is a totally different legal entity and personality to the Queen of the
United Kingdom and Northern Ireland. This has been confirmed by the High Court of
Australia in Sue v Hill on 23 rd
June, 1999 (6).
“57… there is only one person who is the Sovereign within the British
Commonwealth ...… in matters of law and government the Queen of the United
Kingdom, for example, is entirely independent and distinct from the Queen of
Canada.”
Gleeson CJ, Gummow and Hayne JJ, Sue v Hill
HCA\99
The above statement is obviously correct, as in matter of law and government within the
Australian Constitution Act 1900 (UK), the Queen of the United Kingdom and Northern
Ireland is the only Queen with authority, but who is entirely independent and distinct from
the Queen of Australia, who holds no authority. This is what the framers Quick and Garran
wrote in 1901”
“ Delegated Sovereignty.- In all the constitutional Acts passed by the British
Parliament conferring the right of self-government on British colonies, it is
expressed or implied that the sovereignty is vested in the Queen. This form of
expression is in accordance with traditional theory and usage, and it has been
continued as matter of courtesy, notwithstanding the fact that the form is at variance
PART 7
