Jonathan Webster wrote:How did Australia cease to be under the Armorial jurisdiction of the College of Arms in 1986, as stated in the article?
It has always been a contentious item that the Earl Marshal
of England has any jurisdiction beyond the 12 mile nautical limit (and the low water mark datum of the English/Welsh shorelines prior to the creation of a 12 mile limit) of the coastlines of England/Wales. I have yet to see the Earl Marshal's warrant that gives him any devolvement of the Royal Prerogative powers beyond that area - it certainly does not exist in the countries of Scotland and Ireland, and he certainly isn't part and parcel of the Queen of Australia's household. That this
'status quo' has been permitted to exist in the past does not necessarily make it a legal fact. It is an acknowledged fact that whilst a practice has occurred over many years may give grounds for a legal challenge, I still fail to see just how the Earl Marshal
of England has any jurisdiction in heraldic matters (or anything else, for that matter) beyond the 12 mile nautical limit!
The simultaneous passing of
The Australia Act 1986 in both the UK and Australian parliaments severed the last legal ties between the UK and Australia. The institutions of the Queen in right of Australia and the Queen in right of Great Britain and Northern Ireland may currently rest with the one person, but legally they are two separate entities, one with a Royal Household, of which the Earl Marshal of England is an officer, and the other who does not, to the best of my knowledge, have any Royal Household. The legal situation now is that with the passing of
The Australia Act 1986, a clear legal separation now exists between the Queen of GB&NI and the Queen of Australia.
Currently Australia is in an heraldic vacuum! Initiatives have been formulated and tabled for Australia to have its own Heraldic Authority within the Office of the Australian Governor General. After all, Australia is renowned for being 'too laid-back' as witnessed by the
Adoption of The Statute of Westminster Act 1942 that enacted
'The Statute of Westminster Act 1931', legislation that was passed in the UK parliament on 11 December 1931! See
http://foundingdocs.gov.au/item-did-25.html We're only 27 years behind Canada at this stage... and counting!
Just as an aside, it would indeed be interesting if, on the passing of QEII, the parliament of Australia were to offer the constitutional sovereignty of Australia to Prince William instead of Prince Charles.
