Queensland Consolidated Acts

JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 - SECT 20

20 Oath or affirmation of office

(1) Before a person other than a Supreme Court judge or District Court judge performs any of the functions of office as a justice of the peace, the person is to—

(a) take an oath of allegiance and office in the following form—

“I,_______, do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of justice of the peace and I will do right to all manner of people according to law without fear or favour, affection or ill-will.
SO HELP ME GOD!”; or

(b) make an affirmation of allegiance and office in the following form—

“I,_______, do solemnly, sincerely, declare and affirm that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of justice of the peace and I will do right to all manner of people according to law without fear or favour, affection or ill-will.”.

(2) The oath or affirmation referred to in subsection (1) may be taken or made before, and administered or received by, a Supreme Court judge or a District Court judge, a magistrate or any person authorised in that behalf by writ of dedimus potestatem.

(3) In the case of the death or abdication of Her Majesty, the name of Her Majesty’s successor according to law for the time being is to be substituted in the form of the oath or affirmation prescribed by this section for the name of Her Majesty.

(4) The form of oath to be taken or affirmation to be made by a justice of the peace under this section is in substitution for any oath or affirmation of allegiance or office otherwise prescribed by law.

(5) Before a person performs any of the functions of office as a commissioner for declarations the person is to take or make the oath or affirmation prescribed by the regulations.

(6) The oath or affirmation referred to in subsection (5) may be taken or made before—

(a) a justice of the peace or a commissioner for declarations; or

(b) a person before whom may be taken or made the oath or affirmation prescribed for justices of the peace.

(7) If, in compliance with subsection (1) or with any Act authorising the appointment of justices of the peace in existence at any time before the commencement of this Act, a person has taken or made an oath or affirmation of allegiance and an oath or affirmation of office or an oath or affirmation of allegiance and office upon being appointed or becoming a justice of the peace, the person is not required to take or make any oath or affirmation referred to in this section—

(a) on being continued in office as, or on again being appointed or becoming, a justice of the peace under any provision of this Act; or

(b) on being appointed or becoming a commissioner for declarations under any provision of this Act;

before performing any of the functions of office as justice of the peace or, as the case may be, commissioner for declarations.

(8) If in compliance with subsection (5) a person has taken or made the oath or affirmation referred to in the subsection on being appointed or becoming a commissioner for declarations, the person is not required, on again being appointed or becoming a commissioner for declarations under any provision of this Act, to take or make the oath or affirmation before performing any of the functions of office as commissioner for declarations.