The Sixty-Fifth Report of the Law Reform Committee of South Australia, relating to the inherited imperial law regarding the Crown, offers an analysis of various statutes that govern the Crown's rights and prerogatives. The report specifically addresses the relationship between the Crown, the state, and legal procedures, highlighting statutes inherited from English imperial law that have become irrelevant in the context of modern legal systems.
Repeal of Obsolete Statutes: The report recommends repealing a number of inherited statutes, many of which deal with historical practices that are no longer in use, such as the Crown's right to seize land or control the estates of felons. For instance, the Statute of Merton (1235) dealing with the Crown’s right to claim estates of bastards is outdated due to modern family law, and the Statute 9 Edw. II regarding sheriffs was effectively repealed by local ordinances and other legislative reforms.
Modernization of Crown Prerogatives: Several statutes that grant the Crown specific powers, such as the right to seize property in certain conditions or appoint sheriffs, are deemed outdated. For example, the Statute of Westminster I(1275), which allowed the Crown to manage debts through its own resources, is unnecessary under current audit procedures.
Commonwealth Legislation Supersedes Imperial Law: In areas such as military service, landholding, and the recovery of Crown debts, Commonwealth legislation has replaced imperial law. The Defence Act and Crown Lands Act handle matters previously covered by inherited statutes, making those provisions redundant.
General Repeal of Statutes in the 1969 Statute Law (Repeals) Act: Many of the statutes discussed were already repealed in England through the Statute Law (Repeals) Act 1969, and the report recommends that similar action be taken in South Australia. This would modernize the legal framework and ensure that outdated imperial laws no longer have a place in South Australian statutes.
Preservation of Essential Crown Rights: While recommending the repeal of numerous statutes, the report also recognizes the importance of certain Crown rights, ensuring that any removal of statutes is done carefully so as not to undermine essential functions of the Crown in modern governance.