{"id":"tas:act-2015-007","name":"Promissory Oaths Act 2015","slug":"promissory-oaths-act-2015","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"7 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31716,"registerId":"tas-act-2015-007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Promissory Oaths Act 2015](/view/html/inforce/2026-04-12/act-2015-007) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Persons Required to Take and Subscribe Oaths","content":"# Part 2 Persons Required to Take and Subscribe Oaths","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Members of Houses of Parliament","content":"### 3 Members of Houses of Parliament\n\n> > (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.\n> \n> > (2)  The oath of allegiance to be taken under [subsection (1)](#GS3@Gs1@EN) by a Member of a House of Parliament is to be –\n> > \n> > > > (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\n> > > \n> > > > (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.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Members of Executive Council","content":"### 4 Members of Executive Council\n\n> > (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.\n> \n> > (2)  The executive councillor's oath to be taken under [subsection (1)](#GS4@Gs1@EN) by a Member of the Executive Council is to be –\n> > \n> > > > (a) tendered to the Member by the Clerk of the Executive Council or a Clerk Assistant of the Executive Council; and\n> > > \n> > > > (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.\n> \n> > (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)](#GS4@Gs2@EN) , his or her office as Member of the Executive Council is vacated.\n> \n> > (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.\n> \n> > (5)  The oaths to be taken under [subsection (4)](#GS4@Gs4@EN) by a Member of the Executive Council who holds an office are to be –\n> > \n> > > > (a) tendered to the Member by the Clerk of the Executive Council or a Clerk Assistant of the Executive Council; and\n> > > \n> > > > (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.\n> \n> > (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)](#GS4@Gs5@EN) , the office is vacated.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Secretary to Cabinet","content":"### 5 Secretary to Cabinet\n\n> > (1)  The Secretary to Cabinet must, as soon as practicable after being appointed, take and subscribe the oath of allegiance and the official oath.\n> \n> > (2)  The oaths to be taken under [subsection (1)](#GS5@Gs1@EN) by the Secretary to Cabinet are to be –\n> > \n> > > > (a) tendered to the Secretary to Cabinet by the Clerk of the Executive Council or a Clerk Assistant of the Executive Council; and\n> > > \n> > > > (b) taken, and subscribed, by the Secretary to Cabinet 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.\n> \n> > (3)  If the Secretary to Cabinet declines or neglects to take and subscribe an oath tendered to him or her under [subsection (2)](#GS5@Gs2@EN) , his or her office is vacated.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Clerk, and Clerk Assistant, of Executive Council","content":"### 6 Clerk, and Clerk Assistant, of Executive Council\n\n> > (1)  The Clerk of the Executive Council and a Clerk Assistant of the Executive Council must, as soon as practicable after being appointed, take and subscribe the oath of allegiance and the clerk of executive council's oath.\n> \n> > (2)  The oaths to be taken under [subsection (1)](#GS6@Gs1@EN) by the holder of an office referred to in that subsection are to be –\n> > \n> > > > (a) tendered to the holder of the office by the Governor or by a person who is authorised by the Governor to be a person who may tender such oaths; and\n> > > \n> > > > (b) taken, and subscribed, by the holder of the office 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.\n> \n> > (3)  If the holder of an office referred to in [subsection (1)](#GS6@Gs1@EN) declines or neglects to take and subscribe an oath tendered to him or her under [subsection (2)](#GS6@Gs2@EN) , his or her office is vacated.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Judges","content":"### 7 Judges\n\n> > (1)  The Chief Justice, a Puisne Judge, and an Associate Judge of the Supreme Court must, as soon as practicable after being appointed, take and subscribe the judicial oath.\n> \n> > (2)  The judicial oath to be taken under [subsection (1)](#GS7@Gs1@EN) by the holder of an office referred to in that subsection is to be –\n> > \n> > > > (a) tendered to the holder of the office by the Clerk of the Executive Council or a Clerk Assistant of the Executive Council; and\n> > > \n> > > > (b) taken, and subscribed, by the holder of the office 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.\n> \n> > (3)  If the holder of an office referred to in [subsection (1)](#GS7@Gs1@EN) declines or neglects to take and subscribe the judicial oath tendered to him or her under [subsection (2)](#GS7@Gs2@EN) , his or her office is vacated.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Magistrates","content":"### 8 Magistrates\n\n> > (1)  A magistrate appointed under the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) must, as soon as practicable after being appointed, take and subscribe the judicial oath.\n> \n> > (2)  The judicial oath to be taken under [subsection (1)](#GS8@Gs1@EN) by a magistrate is to be –\n> > \n> > > > (a) tendered to the magistrate by –\n> > > > \n> > > > > > (i) the Chief Magistrate within the meaning of the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ; or\n> > > > > \n> > > > > > (ii) if there is no Chief Magistrate or the person to whom the oath is to be tendered is the Chief Magistrate – the Chief Justice; or\n> > > > > \n> > > > > > (iii) if there is no Chief Magistrate or the person to whom the oath is to be tendered is the Chief Magistrate, and there is no Chief Justice – the Governor; and\n> > > \n> > > > (b) taken, and subscribed, by the magistrate in the presence of the person who tendered the oath.\n> \n> > (3)  A person before whom an oath is subscribed in accordance with [subsection (2)](#GS8@Gs2@EN) must, as soon as practicable, forward it to the Registrar of the Supreme Court to be recorded in the Supreme Court.\n> \n> > (4)  If a magistrate declines or neglects to take and subscribe the judicial oath tendered to him or her under [subsection (2)](#GS8@Gs2@EN) , his or her office is vacated.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Justices","content":"### 9 Justices\n\n> > (1)  [*\\[Section 9 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja21@GC1@Hpa@EN) A justice appointed under [section 5 of the](/view/html/inforce/2026-04-12/act-2018-015#GS15@EN) [Justices of the Peace Act 2018](/view/html/inforce/2026-04-12/act-2018-015) must, as soon as practicable after being appointed, take and subscribe the judicial oath.\n> \n> > (2)  The judicial oath to be taken under [subsection (1)](#GS9@Gs1@EN) by a justice is to be –\n> > \n> > > > (a) tendered to the justice by a magistrate within the meaning of the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ; and\n> > > \n> > > > (b) taken, and subscribed, by the justice in the presence of the magistrate.\n> \n> > (3)  A magistrate before whom an oath is subscribed in accordance with [subsection (2)](#GS9@Gs2@EN) must, as soon as practicable, forward it to the Registrar of the Supreme Court to be recorded in the Supreme Court.\n> \n> > (4)  [*\\[Section 9 Subsection (4) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja21@GC1@Hpb@EN) If a justice appointed under [section 5 of the](/view/html/inforce/2026-04-12/act-2018-015#GS15@EN) [Justices of the Peace Act 2018](/view/html/inforce/2026-04-12/act-2018-015) declines or neglects to take and subscribe the judicial oath tendered to him or her under [subsection (2)](#GS9@Gs2@EN) , his or her office is vacated.\n> \n> > (5)  [*\\[Section 9 Subsection (5) omitted by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja21@GC1@Hpc@EN) .  .  .  .  .  .  .  .  \n> \n> > (6)  [*\\[Section 9 Subsection (6) omitted by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja21@GC1@Hpc@EN) .  .  .  .  .  .  .  .  \n> \n> > (7)  [*\\[Section 9 Subsection (7) omitted by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja21@GC1@Hpc@EN) .  .  .  .  .  .  .  .  \n> \n> > (8)  [*\\[Section 9 Subsection (8) omitted by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja21@GC1@Hpc@EN) .  .  .  .  .  .  .  .  \n> \n> > (9)  [*\\[Section 9 Subsection (9) omitted by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja21@GC1@Hpc@EN) .  .  .  .  .  .  .  .","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Coroner","content":"### 10 Coroner\n\n> > (1)  A coroner appointed under the [Coroners Act 1995](/view/html/inforce/2026-04-12/act-1995-073) must, as soon as practicable after being appointed, take and subscribe the judicial oath.\n> \n> > (2)  The judicial oath to be taken under [subsection (1)](#GS10@Gs1@EN) by a coroner is to be –\n> > \n> > > > (a) tendered to the coroner by a magistrate within the meaning of the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ; and\n> > > \n> > > > (b) taken, and subscribed, by the coroner in the presence of the magistrate.\n> \n> > (3)  A magistrate before whom an oath is subscribed in accordance with [subsection (2)](#GS10@Gs2@EN) must, as soon as practicable, forward it to the Registrar of the Supreme Court to be recorded in the Supreme Court.\n> \n> > (4)  If a coroner declines or neglects to take and subscribe the judicial oath tendered to him or her under [subsection (2)](#GS10@Gs2@EN) , his or her office is vacated.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Sheriff","content":"### 11 Sheriff\n\n> > (1)  A Sheriff appointed under the [Sheriff Act 1873](/view/html/inforce/2026-04-12/act-1873-005) must, as soon as practicable after being appointed, take and subscribe the official oath.\n> \n> > (2)  The official oath to be taken under [subsection (1)](#GS11@Gs1@EN) by a Sheriff is to be –\n> > \n> > > > (a) tendered to the Sheriff by a judge; and\n> > > \n> > > > (b) taken, and subscribed, by the Sheriff in the presence of the judge.\n> \n> > (3)  A judge before whom an oath is subscribed in accordance with [subsection (2)](#GS11@Gs2@EN) must, as soon as practicable, forward it to the Registrar of the Supreme Court to be recorded in the Supreme Court.\n> \n> > (4)  If a Sheriff declines or neglects to take and subscribe the official oath tendered to him or her under [subsection (2)](#GS11@Gs2@EN) , his or her office is vacated.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Persons appointed to office not required to take oath again in relation to that appointment","content":"### 12 Persons appointed to office not required to take oath again in relation to that appointment\n\n> If a person has, on appointment to an office, taken and subscribed an oath that he or she is required under this Act to take and subscribe on appointment to that office –\n> \n> > > (a) he or she is not required to take or subscribe the oath again in relation to the same appointment to that office; and\n> > \n> > > (b) he or she does not incur any penalty or forfeiture for not taking or subscribing the oath again in relation to the same appointment to that office.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Forms of Oaths","content":"# Part 3 Forms of Oaths","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Form of oath of allegiance","content":"### 13 Form of oath of allegiance\n\n> The form of the oath of allegiance is as follows:\n> \n> | \"I [insert name] do swear that I will be faithful and bear true allegiance to Her Majesty the Queen, according to law. So help me God.\" |","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Form of official oath","content":"### 14 Form of official oath\n\n> The form of the official oath is as follows:\n> \n> | \"I [insert name] do swear that I will faithfully execute the office of [insert office]. So help me God.\" |","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Form of judicial oath","content":"### 15 Form of judicial oath\n\n> The form of the judicial oath is as follows:\n> \n> | \"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.\" |","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Form of executive councillor's oath","content":"### 16 Form of executive councillor's oath\n\n> The form of the executive councillor's oath is as follows:\n> \n> | \"I [insert name] being chosen and admitted of Her 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.\" |","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Form of clerk of executive council's oath","content":"### 17 Form of clerk of executive council's oath\n\n> The form of the clerk of executive council's oath is as follows:\n> \n> | \"I [insert name] being appointed [name of office] of Her Majesty's Executive Council of this State, do swear that I will serve the Council to the best of my ability, and that I will not directly or indirectly reveal such matters as shall be debated in Council and committed to my secrecy, and that I will in all things be a true and faithful servant. So help me God.\" |","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Affirmations, Prohibitions and References to Sovereign","content":"# Part 4 Affirmations, Prohibitions and References to Sovereign","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"References to Sovereign","content":"### 18 References to Sovereign\n\n> If, at a time when an oath required to be taken and subscribed under this Act is taken, the Sovereign is a King, a reference in this Act to the Queen or Her Majesty is deemed to be a reference to the King, or to His Majesty, respectively.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Power to make affirmations","content":"### 19 Power to make affirmations\n\n> > (1)  If an oath is required to be taken and subscribed under this Act, a person may, instead of taking and subscribing that oath, make and subscribe an affirmation in the form of that oath prescribed by this Act –\n> > \n> > > > (a) with the word \"swear\" omitted and substituted by the words \"solemnly, sincerely and truly declare and affirm,\"; and\n> > > \n> > > > (b) with the words \"so help me God\" omitted.\n> \n> > (2)  A reference in another Act to the taking of an oath under this Act, or of an oath prescribed by this Act, includes a reference to the making of an affirmation in accordance with [subsection (1)](#GS19@Gs1@EN) .","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Prohibition of oath of allegiance, &c., except in accordance with Act","content":"### 20 Prohibition of oath of allegiance, &c., except in accordance with Act\n\n> > (1)  No person, except as required to do so under this Act or another Act, may be required or authorised –\n> > \n> > > > (a) to take or subscribe the oath of allegiance, supremacy or abjuration; or\n> > > \n> > > > (b) to take or subscribe any oath substituted for the oath of allegiance, supremacy or abjuration; or\n> > > \n> > > > (c) to make or subscribe any affirmation or declaration to the like effect of any oath referred to in [paragraph (a)](#GS20@Gs1@Hpa@EN) or [(b)](#GS20@Gs1@Hpb@EN) .\n> \n> > (2)  [Subsection (1)](#GS20@Gs1@EN) applies despite any charter, or custom, to the contrary.","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous Provisions","content":"# Part 5 Miscellaneous Provisions","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Validation of certain oaths and affirmations","content":"### 21 Validation of certain oaths and affirmations\n\n> If, on a day (***the relevant day***) before the day on which this Act commences, a person who, on the relevant day, held an office to which this Act applies –\n> \n> > > (a) took, or purported to take, a judicial oath, oath of allegiance, or oath of office, in relation to the holding of the office or the appointment of the person to the office; or\n> > \n> > > (b) made, or purported to make, an affirmation of a judicial oath, oath of allegiance, or oath of office, in relation to the holding of the office or the appointment of the person to the office –\n> > \n> > the oath or affirmation is deemed for the purposes of any Act –\n> > \n> > > (c) to have been validly taken, or made, by the person on the relevant day; and\n> > \n> > > (d) to have always been validly taken, or made, by the person on the relevant day; and\n> > \n> > > (e) to have been validly subscribed, and to have always been validly subscribed, by the person on the relevant day; and\n> > \n> > > (f) to have been validly taken or made before the person took an action, or performed or exercised a function, duty or power, in relation to that office –\n> \n> and no action taken or omitted to be taken by the person after the taking, or purported taking of the oath or the making, or purported making, of the affirmation is invalid by reason only that, at the time at which the action was taken or omitted to be taken, this section was not in force.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Regulations","content":"### 22 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may –\n> > \n> > > > (a) provide for savings or transitional matters necessary or expedient for bringing this Act into operation; and\n> > > \n> > > > (b) provide for any of those savings or transitional matters to take effect when this Act commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Administration of Act","content":"### 23 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Saving of various oaths and affirmations taken or made or deemed to be taken or made","content":"### 24 Saving of various oaths and affirmations taken or made or deemed to be taken or made\n\n> If an oath or affirmation is deemed by [section 21](#GS21@EN) to have been validly taken, or made, on a day (***the relevant day***), by a person in relation to the appointment of the person to, or the holding by the person of, an office, the person is not required to take, subscribe or make after the day on which this Act commences, another oath or affirmation under this Act in relation to the same appointment to that office or, if that person has not ceased to hold the office after the relevant day, to the continued holding of that office.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Legislation repealed","content":"### 25 Legislation repealed\n\n> The legislation specified in [Schedule 1](#JS1@EN) is repealed.","sortOrder":29},{"sectionNumber":"SCHEDULE 1 - Legislation repea","sectionType":"part","heading":"SCHEDULE 1 - Legislation repealed","content":"# SCHEDULE 1 - Legislation repea SCHEDULE 1 - Legislation repealed\n\n[Section 25](#GS25@EN)\n\n| Promissory Oaths Act 1869 (No. 25 of 1869) |","sortOrder":30}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a consolidation and modernisation of oath-taking requirements. It repeals the 1869 Act and updates the framework for requiring oaths from key office-holders. The amendments visible in section 9 (omitting subsections 5-9) appear to be technical amendments removing obsolete provisions regarding Justices of the Peace, rather than an expansion of scope. The Act remains focused on its core purpose: prescribing who must take oaths, in what form, and with what consequences for refusal."},"complexity_factors":["Straightforward structure with only 5 Parts and 25 sections","Minimal defined terms (only 'the relevant day' is explicitly defined)","Repetitive but clear pattern: each office has its own section with parallel subsections covering (1) who must swear, (2) who administers the oath, and (3) consequence of refusal","Simple conditional logic limited to gender-neutral language ('he or she') and the monarch gender adjustment in section 18","Cross-references are minimal and mostly internal (references to other subsections within the same Act)","No nested exceptions or complex provisos","Forms of oaths are set out in plain text tables in Part 3","Section 8 contains a simple cascading hierarchy for who can administer magistrates' oaths (Chief Magistrate → Chief Justice → Governor)","Section 9 shows evidence of legislative amendment (subsections 5-9 omitted) but the remaining operative provisions are clear"],"plain_english_summary":"This law sets out who must swear oaths of loyalty and duty when taking up certain important government jobs, and exactly what words they must use.\n\n**Who it affects:**\n- **Members of Parliament** – must swear allegiance to the Crown\n- **Executive Councillors** (senior government ministers) – must swear allegiance, an official oath for their specific role, and a secrecy oath for Cabinet matters\n- **Secretary to Cabinet** – must swear allegiance and an official oath\n- **Clerk and Assistant Clerk of the Executive Council** – must swear allegiance and a secrecy oath\n- **Judges** (Chief Justice, other Supreme Court judges, and Associate Judges) – must swear a judicial oath to do equal justice\n- **Magistrates** – must swear a judicial oath\n- **Justices of the Peace** – must swear a judicial oath\n- **Coroners** – must swear a judicial oath\n- **Sheriffs** – must swear an official oath\n\n**What it does:**\n- **Sets the exact words** for five different oaths: allegiance, official, judicial, executive councillor's, and clerk's oath\n- **Says who can administer the oaths** – usually the Governor or their authorised representative, though magistrates can swear in Justices of the Peace and coroners\n- **Makes oaths mandatory** – if you refuse or don't take the oath \"as soon as practicable,\" you automatically lose the job\n- **Allows affirmations instead** – people can opt out of religious language (\"So help me God\") and instead \"solemnly, sincerely and truly declare and affirm\"\n- **Updates references to the monarch** – if the Sovereign is a King, the Act automatically adjusts \"Queen/Her Majesty\" to \"King/His Majesty\"\n- **Validates past oaths** – fixes any technical problems with oaths taken before this law started\n- **Prevents double-swearing** – you don't have to take the same oath twice for the same appointment\n\n**Why it matters:**\nThis law ensures that people in powerful positions publicly commit to serving the public faithfully and impartially. It modernises and consolidates old oath laws (repealing the 1869 Act) while preserving the solemnity of these commitments. The affirmation option respects religious diversity without weakening the legal force of the promise."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Act explicitly repeals the Promissory Oaths Act 1869 (Schedule 1) and consolidates rules about who must take which oaths, their forms, where and by whom they are tendered, validation of pre-commencement oaths, and the ability to affirm. Mechanically, it replaces earlier statutory arrangements with a consolidated modern scheme, adds express prohibitions on other allegiance-style oaths, and provides regulation and transitional powers."},"complexity_factors":["Many specified offices with largely repetitive but slightly different procedural requirements (who tenders the oath, presence requirements, recording) increasing drafting length without technical difficulty","Consequences for non‑compliance (automatic vacation of office) create legal certainty but require clear administrative tracking","Cross-references to multiple external Acts (Magistrates Court Act 1987, Justices of the Peace Act 2018, Coroners Act 1995, Sheriff Act 1873, Administrative Arrangements Act 1990) require reading in context","Validation and saving clauses (sections 21 and 24) introduce transitional legal effects that must be applied to pre-commencement facts","Delegation/authorisation roles involving the Governor, Clerk of Executive Council, judges and magistrates create multiple authorised actors and some discretion in practice","Regulation‑making power allows the Governor to vary application by time or circumstance, adding potential future complexity","Prohibition on other allegiance-type oaths limits informal practices and may require administrative enforcement","Specification of standard oath and affirmation wording reduces interpretive uncertainty but mandates precise compliance and record-keeping"],"plain_english_summary":"This Act replaces the Promissory Oaths Act 1869 and sets out, in one place, which public officers must swear or affirm specific oaths on appointment, who may tender those oaths, and where they must be taken and recorded. It validates prior oaths taken before commencement, permits secular affirmations instead of religious wording, prohibits other allegiance-style oaths except as authorised, and gives the Governor power to make regulations; administration is initially assigned to the Minister for Justice."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain focused on its original and narrow purpose: governing the form and administration of promissory oaths for Tasmanian public officials. No amendments appear to have significantly broadened or narrowed its scope since enactment in 2015."},"complexity_factors":["Narrow and specific subject matter — limited to the administration of oaths and affirmations","Primarily procedural in nature with little interpretive ambiguity","Affects a defined, limited class of people (public officials)","Standard form legislation common across Australian jurisdictions with well-established precedents","Limited operative provisions — unlikely to involve complex cross-referencing with other Acts","Full text of operative provisions not available in the extract, slightly limiting analysis confidence"],"plain_english_summary":"The Promissory Oaths Act 2015 (Tas.) prescribes the formal oaths and affirmations public officials must make before assuming office, who may administer them, and the legal process for doing so. It affects judges, parliamentarians, senior public servants and anyone legally required to swear or affirm in Tasmania. By ensuring oaths are valid and recorded, the Act protects the legality and legitimacy of officials’ actions."}},"importantCases":[],"_links":{"self":"/api/acts/promissory-oaths-act-2015","history":"/api/acts/promissory-oaths-act-2015/history","analysis":"/api/acts/promissory-oaths-act-2015/analysis","conflicts":"/api/acts/promissory-oaths-act-2015/conflicts","importantCases":"/api/acts/promissory-oaths-act-2015/important-cases","documents":"/api/acts/promissory-oaths-act-2015/documents"}}