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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Constitution Amendment (Pledge of
Loyalty) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Constitution Act 1902 No 32 2
4 Consequential amendments to Oaths Act 1900 No 20 2
Schedule 1 Amendment of Constitution Act 1902 3
Schedule 2 Consequential amendments to Oaths Act 1900 5
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Constitution Amendment (Pledge of
Loyalty) Bill 2006
Act No , 2006
An Act to amend the Constitution Act 1902 to require Members of Parliament
and Ministers to take a pledge of loyalty to Australia and to the people of New
South Wales instead of swearing allegiance to the Queen, and to revise the oaths
taken by Executive Councillors.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Constitution Amendment (Pledge of Loyalty) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Constitution Amendment (Pledge of Loyalty)
Act 2006.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Constitution Act 1902 No 32
The Constitution Act 1902 is amended as set out in Schedule 1.
4 Consequential amendments to Oaths Act 1900 No 20
The Oaths Act 1900 is amended as set out in Schedule 2.
Page 2
Constitution Amendment (Pledge of Loyalty) Bill 2006
Amendment of Constitution Act 1902 Schedule 1
Schedule 1 Amendment of Constitution Act 1902
(Section 3)
[1] Section 12
Omit the section. Insert instead:
12 No Member to sit or vote until pledge of loyalty taken
(1) A Member of the Legislative Council or the Legislative
Assembly is not permitted to sit or vote in the House to which
the Member has been elected until the Member has taken the
pledge of loyalty before the Governor or other person
authorised by the Governor for that purpose.
(2) The pledge of loyalty is to be in the following form:
Under God, I pledge my loyalty to Australia and to the people
of New South Wales.
(3) A Member may omit the words "Under God" when taking the
pledge of loyalty.
(4) A Member is not required, despite any other Act or law, to
swear allegiance to Her Majesty Queen Elizabeth II or her
heirs and successors before sitting or voting in the Legislative
Council or the Legislative Assembly.
(5) This section applies only to Members elected after the
commencement of the Constitution Amendment (Pledge of
Loyalty) Act 2006.
[2] Section 35CA
Insert after section 35C:
35CA Executive Councillor's pledge of loyalty and oath of office
(1) Before assuming office, a person appointed as a member of
the Executive Council is to take:
(a) the pledge of loyalty, and
(b) the Executive Councillor's oath of office,
before the Governor or other person authorised by the
Governor for that purpose.
Page 3
Constitution Amendment (Pledge of Loyalty) Bill 2006
Schedule 1 Amendment of Constitution Act 1902
(2) The pledge of loyalty is to be in the following form:
Under God, I pledge my loyalty to Australia and to the people
of New South Wales.
(3) A member of the Executive Council may omit the words
"Under God" when taking the pledge of loyalty.
(4) The Executive Councillor's oath of office is to be in the
following form:
I, being appointed as a member of the Executive
Council of New South Wales, do swear that I will perform the
functions and duties of an Executive Councillor faithfully and
to the best of my ability and, when required to do so, freely
give my counsel and advice to the Governor or officer
administering the Government of New South Wales for the
time being for the good management of the public affairs of
New South Wales, and that I will not directly or indirectly
reveal matters debated in the Council and committed to my
secrecy, but that I will in all things be a true and faithful
councillor.
So help me God.
(5) A member of the Executive Council may, instead of taking
the Executive Councillor's oath, make an affirmation to the
same effect.
(6) This section applies only to members of the Executive
Council appointed after the commencement of the
Constitution Amendment (Pledge of Loyalty) Act 2006.
Page 4
Constitution Amendment (Pledge of Loyalty) Bill 2006
Consequential amendments to Oaths Act 1900 Schedule 2
Schedule 2 Consequential amendments to Oaths Act
1900
(Section 4)
[1] Section 5 Definitions
Omit the definition of Executive Councillor's oath.
[2] Section 10 Executive councillors
Omit the section.
[3] Fifth Schedule Executive Councillor's oath
Omit the Schedule.
Page 5
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