Oaths and Affirmations (Amendment) Act 1995 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Oaths and Affirmations (Amendment)
Act 1995

No. 34 of 1995

An Act to amend the Oaths and Affirmations
 Act 1984

[Notified in ACT Gazette S266: 31 October 1995]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Oaths and Affirmations (Amendment) Act 1995.

Commencement

2.  This Act commences on the day on which it is notified in the Gazette.

Principal Act

3.  In this Act, “Principal Act” means the Oaths and Affirmations Act 1984.1

Insertion

4.  After section 6 of the Principal Act the following section is inserted:

Oaths or affirmations by member of the Assembly

“6A.  Notwithstanding subsection 9 (1) of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth,  a member of the Legislative Assembly, before taking his or her seat, shall make and subscribe—

(a)an oath or affirmation in accordance with the form specified in Part I of Schedule 1A; and/or

(b)an oath or affirmation in accordance with the form specified in Part II of Schedule 1A.”.

Insertion

5.  Before section 11 of the Principal Act the following section is inserted in Part III:

Authority to administer oath or affirmation to a member of the Assembly

“10A.  An oath or affirmation referred to in section 6A shall be made and subscribed before the Chief Justice of the Supreme Court or a Judge of that Court authorised by the Chief Justice.”.

Authority to administer oath etc.

6.  Section 11 of the Principal Act is amended by omitting from subsection (1) “An oath” and substituting “Subject to section 10A, an oath”.

Alternative form and manner for oath

7.  Section 21 of the Principal Act is amended by omitting “section 15” and substituting “sections 6A and 15”.

Schedule

8.  After Schedule 1 to the Principal Act the Schedule set out in the Schedule to this Act is inserted.

Application

9.  The amendments made by this Act apply in relation to a member of the Legislative Assembly  who becomes eligible to take his or her seat after the commencement of this Act.

SCHEDULE  Section 8

SCHEDULE 1A  Section 6A

OATHS AND AFFIRMATIONS BY MEMBER OF LEGISLATIVE ASSEMBLY

PART I

OATH

I, A.B., swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Her heirs and successors according to law:  So help me God!

AFFIRMATION

I, A.B., solemnly affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Her heirs and successors according to law.

PART II

OATH

I, A.B., swear that I will faithfully serve the people of the Australian Capital Territory as a member of the Legislative Assembly and discharge my responsibilities according to law:  So help me God!

AFFIRMATION

I, A.B., solemnly affirm that I will faithfully serve the people of the Australian Capital Territory as a member of the Legislative Assembly and discharge my responsibilities according to law.

NOTE

Principal Act

1. Reprinted as at 30 June 1991.  See also Act No. 81, 1994.

[Presentation speech made in Assembly on  21 June 1995]

©  Australian Capital Territory 1995