Australia’s Constitution came into existence during the reign of Queen Victoria where the reign ceased upon her death on the 22nd of January 1901.
The Act was ratified on the 9th of July 1900, where it came into circulation on the 1st of January 1901.
According to the Commonwealth of Australia’s fundamental law and Imperial Act, the ‘Commonwealth of Australia Constitution Act 1900 (UK).
Section 2 of the Act states the following:
Act to extend to the Queen’s successors
The provisions of this Act referring to the Queen shall extend to Her Majesty’s heirs and successors in the sovereignty of the United Kingdom.
As we are told, Queen Elizabath II is an heir to the throne which Her great great grandmother sat on, even tough a claim/documentary exists on the 'Rightful' King of England dies in NSW (by The Sydney Morning Herald), that being Michael Abney-Hastings, 14th Earl of Loudoun (Wikipedia article).
In the Constitution paying attention to Sections 58 - 60:
the following is stated:
58. Royal assent to Bills
When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen’s assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen’s name, or that he withholds assent, or that he reserves the law for the Queen’s pleasure.
Recommendations by Governor-General
The Governor-General may return to the house in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.
59. Disallowance by the Queen
The Queen may disallow any law within one year from the Governor-General’s assent, and such disallowance on being made known by the Governor-General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known.
60. Signification of Queen’s pleasure on Bills reserved
A proposed law reserved for the Queen’s pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor-General for the Queen’s assent the Governor-General makes known, by speech or message to each of the Houses of the Parliament, or by Proclamation, that it has received the Queen’s assent.
So what does Queen Elizabeth have to day about the above sections of the law?
In the above video, from the Christmas Speech in 1957, Monarch states the following:
“I do not give you law or administer justice”
Please note that an excellent or rather invaluable reference to the Constitution is a book called the ‘Quick and Garran’ or ‘The Annotated Constitution of the Australian Commonwealth’, by Sirs John Quick and Robert Randolph Garran, where many people mistake this for the actual Constitution.
Without 'Royal Assent', by the current reigning Monarch, there is no law.
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