Promissory Oaths Amendment Act 2001 (TAS)

Promissory Oaths Amendment Act 2001

An Act to amend the Promissory Oaths Act 1869

[Royal Assent 5 December 2001]

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:

1Short titleThis Act may be cited as the Promissory Oaths Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Promissory Oaths Act 1869 is referred to as the Principal Act. 4Section 1A insertedAfter section 1 of the Principal Act , the following section is inserted in Part I: 1AInterpretation In this Act, Sheriff means the Sheriff of the Supreme Court. 5Sections 3 and 4 substituted Sections 3 and 4 of the Principal Act are repealed and the following sections are substituted: 3Form of official oath The form of the official oath is as follows:"I [insert name] do swear that I will faithfully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." 4Form 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 So help me God." 6Sections 6 and 7 substituted Sections 6 and 7 of the Principal Act are repealed and the following sections are substituted: 6Persons to take oath of allegiance and official oath The oath of allegiance and official oath are to be tendered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. 7Persons 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. 7Section 8A insertedAfter section 8 of the Principal Act , the following section is inserted in Part II: 8ASheriff 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. 8Section 9 amended (Penalty on not taking required oath) Section 9 of the Principal Act is amended by omitting "the schedule " and substituting " Schedule 1 ". 9Schedule 1 substituted Schedule 1 to the Principal Act is repealed and the following Schedule is substituted: Schedule 1Persons taking oaths

Sections 6 , 7 and 9

PART 1Oath of allegiance and official oath 1.   All members of the Executive Council holding any office. PART 2Judicial oath 1.   Chief Justice. 2.   Puisne Judges. 3.   Master of the Supreme Court. 10Coroners Act 1995 amended Section 11(1) of the Coroners Act 1995 is amended by omitting "the oath of allegiance and". 11Industrial Relations Act 1984 amended Schedule 1 to the Industrial Relations Act 1984 is repealed and the following Schedule is substituted: Schedule 1Form 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." 12Justices Act 1959 amendedThe 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". 13Legal 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 ". 14Magistrates 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]