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Promissory Oaths Act 1869

An Act to amend the law relating to promissory oaths

[Royal Assent 22 October 1869]

[Preamble Omitted by 25 Geo. V. No. 78 ]

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:

PART I - [Part I Heading inserted by No. 36 of 1958, s. 4 and Sched. 3 ]Preliminary

1. Short title

[Section 1 Amended by 25 Geo. V No. 78 ]This Act may be cited as the Promissory Oaths Act 1869 .

1A. Interpretation

[Section 1A Inserted by No. 92 of 2001, s. 4, Applied:05 Dec 2001] In this Act,
Sheriff means the Sheriff of the Supreme Court.

PART II - [Part II Heading renumbered by No. 36 of 1958, s. 4 and Sched. 3 ]Oaths to be continued

2. Form of oath of allegiance

[Section 2 Amended by 25 Geo. V No. 78 ]The oath in this Act referred to as the oath of allegiance shall be in the form following; that is to say:
"I_________________________do swear that I will be faithful and bear true allegiance to His Majesty the King, according to law. So help me God."

3. Form of official oath

[Section 3 Amended by 25 Geo. V No. 78 ][Section 3 Substituted by No. 92 of 2001, s. 5, Applied:05 Dec 2001] 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

[Section 4 Amended by 25 Geo. V No. 78 ][Section 4 Substituted by No. 92 of 2001, s. 5, Applied:05 Dec 2001] 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."

5. Form of oath of executive councillor

[Section 5 Amended by 25 Geo. V No. 78 ]The oath in this Act referred to as the executive councillor's oath shall be in the form following; that is to say:
"I_________________________being chosen and admitted of His Majesty's Executive Council of this State, do swear that I will, to the best of my judgment, at all times when thereto required, freely give my counsel and advice to the Governor or officer administering the Government of this State for the time being, for the good management of the public affairs of this State: that I will not directly or indirectly reveal such matters as shall be debated in Council and committed to my secrecy, but that I will in all things be a true and faithful councillor. So help me God."

6. Persons to take oath of allegiance and official oath

[Section 6 Amended by 25 Geo. V No. 78 ][Section 6 Substituted by No. 92 of 2001, s. 6, Applied:05 Dec 2001] 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

[Section 7 Amended by 25 Geo. V No. 78 ][Section 7 Substituted by No. 92 of 2001, s. 6, Applied:05 Dec 2001] 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.

8. Persons to take executive councillor's oath

The executive councillor's oath shall be taken by every person who is appointed a Member of the Executive Council of this State, so soon as may be after his acceptance of such appointment; and such oath shall be tendered by the Clerk of the Executive Council, and taken in the presence of the Governor or otherwise as the Governor directs.

8A. Sheriff to take official oath

[Section 8A Inserted by No. 92 of 2001, s. 7, Applied:05 Dec 2001] A person appointed to the office of Sheriff is to take the official oath before a judge as soon as practicable after being appointed.

9. Penalty on not taking required oath

[Section 9 Amended by 25 Geo. V No. 78 ][Section 9 Amended by No. 92 of 2001, s. 8, Applied:05 Dec 2001] If any officer specified in Schedule 1 declines or neglects, when any oath required to be taken by him under this Act is duly tendered, to take such oath, he shall, if he has already entered on his office, vacate the same, and if he has not entered on the same be disqualified from entering on the same; but no person shall be compelled, in respect of the same appointment to the same office, to take such oath or make such affirmation more than once.

10.

[Section 10 Repealed by 25 Geo. V No. 78 ]. . . . . . . .

11. Prohibition of oath of allegiance except in accordance with Act

No person shall be required or authorized to take the oaths of allegiance, supremacy, and abjuration, or any of such oaths, or any oath substituted for such oaths, or any of them, or to make any declaration to the like effect of such oaths, or any of them, except the persons required to take the oath of allegiance by this Act, any Act of Parliament, charter, or custom to the contrary notwithstanding.

12.

[Section 12 Repealed by 25 Geo. V No. 78 ]. . . . . . . .

13. Power to make affirmations

When an oath is required to be taken under this Act, every person for the time being by law permitted to make a solemn affirmation or declaration instead of taking an oath may, instead of taking such oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words "solemnly, sincerely, and truly declare and affirm," for the word "swear," and omitting the words "so help me God".

PART III - [Part III Heading renumbered by No. 36 of 1958, s. 4 and Sched. 3 ]Oaths to be Abolished

14. Substitution of declaration for oaths

[Section 14 Amended by 25 Geo. V No. 78 ][Section 14 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]
(1) Where in any case not otherwise provided for by this Act, or in any case to which section sixteen applies an oath is required to be taken by any person on or as a condition of his accepting any employment or office, a declaration shall be substituted for such oath to the like effect in all respects as such oath.

(2) The making a declaration in pursuance of this section instead of oath shall in all respects have the same effect as the taking the oath for which such declaration is substituted could have had if this Act had not been passed.

15. Penalty on not making required declaration

If any person required by this Act to make a declaration instead of an oath declines or neglects to make such declaration, he shall be subject to the same penalties and disabilities, if any, as he would have been subjected to for declining or neglecting to take the oath for which the declaration provided by this Act is substituted.

PART IV - [Part IV Heading amended by No. 36 of 1958, s. 4 and Sched. 3 ]Savings

16. Savings

[Section 16 Amended by 25 Geo. V No. 78 ]Nothing in this Act contained shall affect –
(a) any oath directed to be taken by the Governor or officer administering the Government of this State;
(b) .  .  .  .  .  .  .  .
(c) the oaths taken by members of the Executive Council of this State, with the exceptions that the form of the oath of allegiance prescribed by this Act shall be substituted for the oaths of allegiance, supremacy, and abjuration now required to be taken by executive councillors, and that the form of executive councillor's oath prescribed by this Act shall be substituted for the oath to perform his duty and to maintain secrecy now required to be taken by executive councillors;
(d) any oath taken by knights on their creation, with this exception, that where the oaths of allegiance, supremacy, or abjuration, or any two or one of such oaths, or any oath substituted for such oaths, or any of them, are or is required to be taken by such knights, there shall be substituted for such oaths, or any two or one of them, the oath of allegiance prescribed by this Act;
(e) .  .  .  .  .  .  .  .
(f) .  .  .  .  .  .  .  .
(g) the first section of the Merchant Shipping Act 1894 , or any provision to be substituted therefor, whereby certain persons claiming to be owners of British ships are required to take the oath of allegiance, with this exception, that the form of the oath of allegiance as prescribed by this Act shall be substituted for the form of the oath of allegiance contained in the said Merchant Shipping Act 1894 ;
(h) any oath required or authorized by any law to be taken or made for the purpose of attesting any fact or verifying any account or document;
(i) any oath required to be taken by any juror, witness, or other person in pursuance of any law or custom as preliminary to or in the course of any civil, military, criminal, or other trial, inquest, or proceedings of a judicial nature, including any arbitration, or as preliminary to or in the course of any proceedings before a committee of either House of Parliament, or before any commissioner or other special tribunal appointed by the Crown.