Promissory Oaths (Consequential Amendments) Act 2015
An Act to amend various Acts consequent on the enactment of the Promissory Oaths Act 2015
[Royal Assent 15 May 2015]
Be it enacted by Her 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:
PART 1 - Preliminary
This Act may be cited as the Promissory Oaths (Consequential Amendments) Act 2015 .
This Act commences on the day on which this Act receives the Royal Assent.
PART 2 - Constitution Act 1934 Amended
In this Part, the Constitution Act 1934 is referred to as the Principal Act.
4. Section 30 substituted
Section 30 of the Principal Act is repealed and the following section is substituted:30. Oath to be taken by Members
No Member of either House may act or vote in the House until he or she has either –(a) after becoming a Member and before the day on which the Promissory Oaths Act 2015 commences, taken before the Governor, or before another person authorised by the Governor to administer it, the oath of allegiance prescribed by the former Promissory Oaths Act 1869 ; or(b) after becoming a Member and after the day on which the Promissory Oaths Act 2015 commences, taken and subscribed under section 3(1) of that Act the oath of allegiance.
PART 3 - Coroners Act 1995 Amended
In this Part, the Coroners Act 1995 is referred to as the Principal Act.
6. Section 11 substituted
Section 11 of the Principal Act is repealed and the following section is substituted:(1) A coroner must not perform or exercise any of the functions, duties or powers of his or her office until he or she has, under section 10(1) of the Promissory Oaths Act 2015, taken and subscribed the judicial oath.(2) Subsection (1) only applies to a person appointed as a coroner after the day on which the Promissory Oaths Act 2015 commences.
PART 4 - Justices Act 1959 Amended
In this Part, the Justices Act 1959 is referred to as the Principal Act.
8. Section 5 substituted
Section 5 of the Principal Act is repealed and the following section is substituted:5. Oaths to be taken by justices
(1) A person appointed under section 4 as a justice must not perform or exercise any of the functions, duties or powers of his or her office until he or she has, under section 9(1) of the Promissory Oaths Act 2015, taken and subscribed the judicial oath.(2) Subsection (1) only applies to a person appointed as a justice under section 4 after the day on which the Promissory Oaths Act 2015 commences.
9. Section 14 substituted
Section 14 of the Principal Act is repealed and the following section is substituted:14. Oaths to be taken by extra-territorial justices
(1) A person appointed as an extra-territorial justice must not perform or exercise any of the functions, duties or powers of his or her office until he or she has, under section 9(5) of the Promissory Oaths Act 2015, taken and subscribed the official oath.(2) Subsection (1) only applies to a person appointed as an extra-territorial justice after the day on which the Promissory Oaths Act 2015 commences.
PART 5 - Magistrates Court Act 1987 Amended
In this Part, the Magistrates Court Act 1987 is referred to as the Principal Act.
11. Section 7 substituted
Section 7 of the Principal Act is repealed and the following section is substituted:(1) A magistrate must not perform or exercise any of the functions, duties or powers of his or her office until he or she has, under section 8(1) of the Promissory Oaths Act 2015, taken and subscribed the judicial oath.(2) Subsection (1) only applies to a person appointed as a magistrate after the day on which the Promissory Oaths Act 2015 commences.
PART 6 - Parliamentary (Disclosure of Interests) Act 1996 Amended
In this Part, the Parliamentary (Disclosure of Interests) Act 1996 is referred to as the Principal Act.
13. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by omitting paragraph (b) from the definition of primary return date and substituting the following paragraph:(b) in relation to a person who becomes a Member after that day, other than a re-elected Member, the day on which the person takes the oath of allegiance as required under an Act to be taken in relation to the office of Member;
14. Section 4 amended (Primary returns)
Section 4(2) of the Principal Act is amended by omitting "under the Promissory Oaths Act 1869 " and substituting "as required under an Act to be taken in relation to the office of Member".
PART 7 - Concluding Provision
This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.
[Second reading presentation speech made in:
House of Assembly on 23 APRIL 2015
Legislative Council on 28 APRIL 2015]