Promissory Oaths Amendment Act 2001

Promissory Oaths Amendment Act 2001

An Act to amend the Promissory Oaths Act 1869

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Promissory Oaths Amendment Act 2001 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Promissory Oaths Act 1869 is referred to as the Principal Act.

4.    Section 1A inserted

After section 1 of the Principal Act , the following section is inserted in Part I:

1A.   Interpretation

In this Act,

Sheriff means the Sheriff of the Supreme Court.

5.    Sections 3 and 4 substituted

Sections 3 and 4 of the Principal Act are repealed and the following sections are substituted:

3.   Form of official oath

The form of the official oath is as follows:

"I [insert name] do swear that I will faithfully execute the office of [insert office]. So help me God."

4.   Form of judicial oath

The form of the judicial oath is as follows:

"I [insert name] do swear that I will faithfully execute the office of [insert office] and do equal right and justice to all persons to the best of my judgment and ability according to law. So help me God."

6.    Sections 6 and 7 substituted

Sections 6 and 7 of the Principal Act are repealed and the following sections are substituted:

6.   Persons to take oath of allegiance and official oath

The oath of allegiance and official oath are to be tendered by the Clerk of the Executive Council and taken in the presence of the Governor or as the Governor directs by the persons referred to in Part 1 of Schedule 1 as soon as practicable after their appointment.

7.   Persons to take judicial oath

The judicial oath is to be tendered by the Clerk of the Executive Council and taken in the presence of the Governor or as the Governor directs by the persons referred to in Part 2 of Schedule 1 as soon as practicable after their appointment.

7.    Section 8A inserted

After section 8 of the Principal Act , the following section is inserted in Part II:

8A.   Sheriff to take official oath

A person appointed to the office of Sheriff is to take the official oath before a judge as soon as practicable after being appointed.

8.    Section 9 amended (Penalty on not taking required oath)

Section 9 of the Principal Act is amended by omitting "the schedule " and substituting " Schedule 1 ".

9.    Schedule 1 substituted

Schedule 1 to the Principal Act is repealed and the following Schedule is substituted:

SCHEDULE 1 - Persons taking oaths

Sections 6 , 7 and 9

PART 1 - Oath of allegiance and official oath

1.   All members of the Executive Council holding any office.

PART 2 - Judicial oath

1.   Chief Justice.

2.   Puisne Judges.

3.   Master of the Supreme Court.

10.    Coroners Act 1995 amended

Section 11(1) of the Coroners Act 1995 is amended by omitting "the oath of allegiance and".

11.    Industrial Relations Act 1984 amended

Schedule 1 to the Industrial Relations Act 1984 is repealed and the following Schedule is substituted:

SCHEDULE 1 - Form of oath and form of affirmation

Section 7

1.   Form of oath

The form of the oath is as follows:

"I [insert name] do swear that I will faithfully execute the office of a Commissioner of the Tasmanian Industrial Commission and that I will faithfully and impartially perform the duties of that office. So help me God."

2.   Form of affirmation

The form of the affirmation is as follows:

"I [insert name] do affirm that I will faithfully execute the office of a Commissioner of the Tasmanian Industrial Commission and that I will faithfully and impartially perform the duties of that office."

12.    Justices Act 1959 amended

The Justices Act 1959 is amended as follows:

(a) by omitting from section 4C "oaths" and substituting "judicial oath";

(b) by omitting from section 5(1) "oaths required by law to be taken by a justice" and substituting "judicial oath in accordance with the Promissory Oaths Act 1869 ";

(c) by omitting from section 5(2) "oaths required by law to be taken by a justice" and substituting "judicial oath";

(d) by omitting from section 5(2) "those oaths" twice occurring and substituting "that oath";

(e) by omitting from section 14 "oath of allegiance" and substituting "official oath".

13.    Legal Profession Act 1993 amended

Section 41(1)(c) of the Legal Profession Act 1993 is amended by omitting "and the oath of allegiance specified in the Promissory Oaths Act 1869 ".

14.    Magistrates Court Act 1987 amended

Section 7 of the Magistrates Court Act 1987 is amended by omitting "the oath of allegiance and".

[Second reading presentation speech made in:

House of Assembly on 23 OCTOBER 2001

Legislative Council on 7 NOVEMBER 2001]