South Australia
Oaths Act 1936
An Act relating to oaths, affirmations, declarations, and attestations.
Contents
Part 1—Preliminary
1Short title
Part 2—Promissory oaths and declarations
Division 1—Oaths
4Interpretation
5Oaths to be taken by the Governor
6Oaths to be taken by members of the Executive Council
6AOaths to be taken by Ministers who are not members of the Executive Council or by Parliamentary Secretary to a Minister
7Oaths to be taken by judicial officers
8Form of oath of allegiance
9Form of official oath
10Form of oath of fidelity
11Form of judicial oath
12Use of name of Sovereign for the time being
Division 2—Affirmations
13Affirmation in lieu of oath
14Form of affirmation
15Persons entitled to take affirmations
16Penalty on not taking prescribed oath
Division 3—Miscellaneous
17Prohibition on use of oath of allegiance
18Substitution of declarations for oaths
19Effect of not making declaration as required by this Part
20Saving of power to alter declaration
21Saving
22Saving of rights dependent upon taking an oath
Part 3—Statutory declarations
23Operation of the Imperial Act, 5 and 6 Wm. 4 c. 62
24Part not to apply to oaths in judicial proceedings
25Declaration in lieu of oath
26Fees on taking of oath
27False declaration
Part 4—Commissioners for taking affidavits
28Commissioners for taking affidavits
30Improperly taking affidavits etc
31Supreme Court to take judicial notice of signatures
Part 5—Appointment of police officers to take declarations and attest documents
32Interpretation
33Appointment of police officers to take declarations and attest instruments
34Who may take declarations and attest instruments
35Meaning of terms in declarations and instruments
36Act to apply, notwithstanding provisions of any other Act
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Oaths Act 1936.
Part 2—Promissory oaths and declarations
Division 1—Oaths
4—Interpretation
In this Part, unless the contrary intention appears:
judicial oath means the oath prescribed by section 11;
oath of allegiance means the oath prescribed by section 8;
oath of fidelity means the oath prescribed by section 10;
official oath means the oath prescribed by section 9.
5—Oaths to be taken by the Governor
(1)The Governor, as soon as may be after his acceptance of office, shall take the oath of allegiance and the official oath in the presence of the Chief Justice or the Acting Chief Justice of the State.
(2)The Master of the Supreme Court or the associate to the Chief Justice or Acting Chief Justice, as the case may be, shall tender those oaths to the Governor.
6—Oaths to be taken by members of the Executive Council
(1)Every member of the Executive Council, as soon as may be after his acceptance of office, shall take the oath of allegiance, the official oath and the oath of fidelity, in the presence of the Governor in Council.
(2)The Clerk of the Executive Council shall tender those oaths to the members of the Executive Council.
(3)Subsection (1) does not require a person to take the oath of allegiance or the oath of fidelity more than once during…