Promissory Oaths Act 2015 (Tas)

Promissory Oaths Act 2015

An Act to make provision in relation to certain oaths and affirmations, to validate and save certain oaths and affirmations purportedly taken under various Acts, to repeal the Promissory Oaths Act 1869 , and for related matters [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

1. Short title This Act may be cited as the Promissory Oaths Act 2015 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

PART 2 - Persons Required to Take and Subscribe Oaths

3. Members of Houses of Parliament (1) A Member of a House of Parliament must, as soon as practicable after becoming such a Member, take and subscribe the oath of allegiance. (2) The oath of allegiance to be taken under subsection (1) by a Member of a House of Parliament is to be – (a) tendered to the Member by the Governor or by a person who is authorised by the Governor to be a person who may tender such an oath; and (b) taken, and subscribed, by the Member in the presence of the Governor or in the presence of a person who is authorised by the Governor to be a person before whom such an oath may be taken and subscribed.

4. Members of Executive Council (1) A person must, as soon as practicable after being appointed as a Member of the Executive Council, take and subscribe the executive councillor's oath. (2) The executive councillor's oath to be taken under subsection (1) by a Member of the Executive Council is to be – (a) tendered to the Member by the Clerk of the Executive Council or a Clerk Assistant of the Executive Council; and (b) taken, and subscribed, by the Member in the presence of the Governor or in the presence of a person who is authorised by the Governor to be a person before whom such an oath may be taken and subscribed. (3) If a Member of the Executive Council declines or neglects to take and subscribe an oath tendered to him or her under subsection (2) , his or her office as Member of the Executive Council is vacated. (4) A Member of the Executive Council who holds an office, including the office of Premier, Deputy Premier, Attorney-General or Minister of the Crown, must, as soon as practicable after being appointed to hold the office, take and subscribe the oath of allegiance and the official oath. (5) The oaths to be taken under subsection (4) by a Member of the Executive Council who holds an office are to be – (a) tendered to the Member by the Clerk of the Executive Council or a Clerk Assistant of the Executive Council; and (b) taken, and subscribed, by the Member in the presence of the Governor or in the presence of a person who is authorised by the Governor to be a person before whom such oaths may be taken and subscribed. (6) If a Member of the Executive Council who holds an office declines or neglects to take and subscribe an oath tendered to him or her under subsection (5) , the office is vacated.