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Acts referring to the Crown in right of a state

Queensland – Crown Proceedings Act 1980

“…Crown means the Crown in right of the State of Queensland and includes a corporation representing the Crown, constituted by or under any Act or incorporated or registered under the Corporations Act…
8 Proceedings by or against the Crown Mode of proceeding
(1) Subject to this Act and any other Act or law, a claim by or against the Crown may be made and enforced by a proceeding by or against the Crown under the title the ‘State of Queensland’.”

https://www.legislation.qld.gov.au/view/pdf/inforce/2020-07-21/act-1980-002

New South Wales – Crown Proceedings Act 1988 No 70

“Crown means the Crown in right of New South Wales, and includes:
(a) the Government of New South Wales, and
(b) a Minister of the Crown in right of New South Wales, and
(c) a statutory corporation, or other body, representing the Crown in right of New South Wales.”

https://legacy.legislation.nsw.gov.au/~/pdf/view/act/1988/70/whole

Victoria – Interpretation of Legislation Act 1984 (see p55)

“5 …Act to bind Crown This Act binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities… Crown means the Crown in right of Victoria; (p55)”

https://content.legislation.vic.gov.au/sites/default/files/2022-07/84-10096aa130%20authorised.pdf

Tasmania – Crown Proceedings Act 1993

“3. Act to bind Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities, but does not extend to the Crown in right of the Commonwealth except where specific provision is made for its application to the Crown in right of the Commonwealth.
Interpretation In this Act, unless the contrary intention appears – …State Crown means the Crown in right of this State.”

https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1993-014

South Australia – Crown Proceedings Act 1992

“4—Interpretation …State Crown means the Crown in right of this State…
(2) This Act extends not only to the Crown in right of the State but also (as far as the legislative power of the State admits) to the Crown in any other capacity but does not extend to the Crown in right of the Commonwealth except where specific provision is made for its application to the Crown in right of the Commonwealth
1 Note— 1 Specific provision is made in section 9 for representation of the Crown in right of the Commonwealth in State proceedings.”

https://www.legislation.sa.gov.au/__legislation/lz/c/a/crown%20proceedings%20act%201992/current/1992.25.auth.pdf

Western Australia – Crown Suits Act 1947

“Term used: Crown
In this Act, the term Crown means the Crown in right of the Government of Western Australia.”

https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent&query=mrdoc_26881.pdf

A PDF of this post: Acts referring to the Crown in right of a state

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Seven Golden Stars

These designs include an outline of the Aboriginal Flag in the canton.
The outlines are in black and red to demonstrate that the Sun is derived from the Aboriginal Flag.

Green and Gold

Blue and Gold

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Green and Gold

https://www.facebook.com/groups/968399296672992/permalink/2424091471103760/

It has been repeatedly pointed out that the official Pantone shade for the Australian Gold is rather more like the pale yellow of a scared little canary. PANTONE®116C (Vibrant Yellow)

https://www.pmc.gov.au/honours-and-symbols/australian-national-symbols/australian-national-colours

John Vaughan is a leading Australian Vexillographer and the link is to a Facebook post from his feed.

John suggests using the following colours for the Australian Green and Gold:

– GOLD, PANTONE® 123 C
– GREEN, PANTONE® 341 C

I will give it a go. The next design will be for an Australia Reconciled Dawn.

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What is the Crown in Australia?

This is an important question, and the answer may surprise you.

A key ruling by the High Court is Sue versus Hill from 1999.

The following quote from the article by Professor Anne Twomey discusses the High Court ruling.

In Australia, however, where sovereignty is shared in a federation which is independent from the United Kingdom, the different meanings of ‘the Crown’ are more easily identified and analysed, as they have been competing and conflicting with each other for more than a century.

The High Court of Australia made an attempt to distinguish the different meanings of ‘the Crown’ in the case of Sue v Hill. It identified the following different senses in which the term ‘Crown’ is commonly used:

  1. 1. the Sovereign’s regalia;
  2. 2. the body politic;
  3. 3. the international personality of a body politic;
  4. 4. the ‘government’ or ‘executive’; and
  5. 5. the office of the Sovereign and the capacity in which the Sovereign acts.

  6. In Australia, each of the Commonwealth and the six States is a separate body politic. Joseph has argued that in this federal context the Crown is subdivisible. The Commonwealth legislation granting self-government to the Northern Territory and the Australian Capital Territory also declares that each territory is ‘established as a body politic under the Crown’. This suggests that there are at least nine Crowns in Australia in the sense of bodies politic.
  7. Within each body politic, there is an executive government. It too, is known as ‘the Crown’, but it is a mere component of the body politic. The executive government must be distinguished from the legislature, the judiciary and the people of the body politic. Territories that have a greater degree of dependency may not themselves amount to a body politic, but may still have an executive government that takes on the attributes of a body politic. An Australian example is Norfolk Island, which is not itself a body politic, but which has an executive government, ‘the Administration’, which is given the status of a body politic with perpetual succession.

  8. Thirdly, there is the independent sovereign nation of the Commonwealth of Australia, which has international personality and can act on the world stage. It is comprised of the bodies politic of the Commonwealth and the States. It is a single Crown, in this sense, under the rule of a body of law that is derived from different sources. Finally, there is the relationship between the bodies politic and the Queen. Neither the Northern Territory, the Australian Capital Territory nor Norfolk Island has a ‘Crown’ in this sense, because they have no vice-regal representative appointed directly by the Queen and their Ministers cannot advise the Queen with respect to any matter. Whether the States have separate Crowns or fall under one federal Crown remains a matter of contention. However, it is clear in Australia, that the number of Crowns, in the sense of executive governments, may be different from the number of Crowns, in the sense of bodies politic, which in turn may be different from the number of Crowns the
    monarch might bear with respect to Australia. It is only in relation to this final meaning of Crown, however, that the question arises as to the capacity in which the Queen is acting when performing a function with respect to a territory. This was the question that arose in the Quark Fishing case.
Twomey, Anne, Responsible Government and the Divisibility of the Crown. Public Law, pp. 742-767, Winter 2008, Sydney Law School Research Paper No. 08/137, Available at SSRN: https://ssrn.com/abstract=1301166