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This is a Bill, not an Act. For current law, see the Acts databases.


CONSTITUTION AMENDMENT (RESTORATION OF OATHS OF ALLEGIANCE) BILL 2011





Constitution Amendment (Restoration
of Oaths of Allegiance) Bill 2011
No      , 2011


A Bill for

An Act to amend the Constitution Act 1902 to provide that Members of Parliament
and Ministers may make an oath or affirmation of allegiance to Her Majesty Queen
Elizabeth II, Her heirs and successors as an alternative to the current pledge of loyalty
to Australia and the people of New South Wales.
Clause 1      Constitution Amendment (Restoration of Oaths of Allegiance) Bill 2011




The Legislature of New South Wales enacts:                                            1

 1    Name of Act                                                                     2

           This Act is the Constitution Amendment (Restoration of Oaths of            3
           Allegiance) Act 2011.                                                      4

 2    Commencement                                                                    5

           This Act commences on the date of assent to this Act.                      6




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Constitution Amendment (Restoration of Oaths of Allegiance) Bill 2011

Amendment of Constitution Act 1902 No 32                                 Schedule 1




Schedule 1              Amendment of Constitution Act 1902                                 1
                        No 32                                                              2

[1]   Section 12 No member to sit or vote until pledge of loyalty or oath of               3
      allegiance taken                                                                     4

      Insert "or oath of allegiance" after "pledge of loyalty" in section 12 (1).          5

[2]   Section 12 (4)-(4B)                                                                  6

      Omit section 12 (4). Insert instead:                                                 7

              (4)   The oath of allegiance is to be in the following form (with the        8
                    name of the reigning Sovereign substituted, where appropriate):        9

                    I swear that I will be faithful and bear true allegiance to Her       10
                    Majesty Queen Elizabeth II, Her heirs and successors according        11
                    to law. So help me God.                                               12

            (4A)    A Member may, instead of taking an oath of allegiance, make an        13
                    affirmation to the same effect.                                       14

            (4B)    It is not necessary for a Member who has taken or made an oath        15
                    or affirmation of allegiance to take or make that oath or             16
                    affirmation again after any demise of the Crown, including by or      17
                    on abdication.                                                        18

[3]   Section 35CA Executive Councillor's pledge of loyalty or oath of                    19
      allegiance and oath of office                                                       20

      Insert "or oath of allegiance" after "pledge of loyalty" in section 35CA (1) (a).   21

[4]   Section 35CA (3A)                                                                   22

      Insert after section 35CA (3):                                                      23

            (3A)    The oath of allegiance is to be in the following form (with the       24
                    name of the reigning Sovereign substituted, where appropriate):       25

                    I swear that I will be faithful and bear true allegiance to Her       26
                    Majesty Queen Elizabeth II, Her heirs and successors according        27
                    to law. So help me God.                                               28




                                                                               Page 3
                Constitution Amendment (Restoration of Oaths of Allegiance) Bill 2011

Schedule 1      Amendment of Constitution Act 1902 No 32




[5]   Section 35CA (5)                                                                  1
      Omit "the Executive Councillor's oath".                                           2

      Insert instead "an oath under this section".                                      3




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