The Short Title of this Act shall be “The Promissory Oaths Act, 1873.”

The oath in this Act referred to as the Oath of Allegiance shall be in the form following, that is to say,—

The oath in this Act referred to as the Official Oath shall be in the form following, that is to say,—

The oath in this Act referred to as the Judicial Oath shall be in the form following, that is to say,—

The oath in this Act referred to as the Executive Councillor’s Oath shall be in the form following, that is to say,—

The Oath of Allegiance and the Executive Councillor’s Oath shall be taken by every person admitted of the Executive Council of the Colony as soon as may be after his acceptance of office; and such oaths shall be tendered by the Clerk of the Executive Council, or officer for the time being acting as Clerk of the Executive Council, in the presence of the Governor, or otherwise as the Governor shall direct, at a meeting of the Executive Council.

The Oath of Allegiance and Judicial Oath shall be taken by each of the officers named in the First Schedule hereto as soon as may be after his acceptance of office; and such oaths shall be tendered and taken in manner in which the oaths required to be taken by such officer previously to the passing of this Act would have been tendered and taken, or in such manner as the Governor shall from time to time direct.

The Official Oath shall be tendered to and taken by each of the officers named in the Second Schedule hereto as soon as may be after his acceptance of office by the officer, and in the manner in that behalf mentioned in the said Schedule.

If any officer mentioned in this Act or in the Schedules hereto declines or neglects, when any oath required to be taken by him under this Act is duly tendered, to take such oath, he shall if he has already entered on his office vacate the same, and if he has not entered on the same be disqualified from entering on the same; but no person shall be compelled in respect of the same appointment to the same office to take any oath or make any affirmation more times than one.

The form of the Oath of Allegiance provided by this Act shall be deemed to be substituted in the case of “The Aliens Act, 1866,” for the form of the Oath of Allegiance therein prescribed to be taken; and all the provisions of the said Act shall apply to the oath substituted by this section in the same manner as if that form of oath were actually inserted in the Schedule to the said Act in the place of the oath for which it is substituted.

No person shall be required or authorized to take the Oaths of Allegiance Supremacy and Abjuration, or any of such oaths, or any oath substituted for such oaths or any of them, or to make any declaration to the like effect of such oaths or any of them except so far as regards the oath referred to in this Act as the Oath of Allegiance, the persons required to take the Oath of Allegiance by this Act and the Constitution Act and “The Aliens Act, 1866,” or one of such Acts, any Act Ordinance Statute or Charter to the contrary notwithstanding.

Where in any oath under this Act the name of her present Majesty is expressed, the name of the Sovereign of the United Kingdom for the time being shall be substituted from time to time.

When any oath is required to be taken under this Act, every person for the time being by law permitted to make a solemn affirmation or declaration instead of taking an oath, may, instead of taking such oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words “solemnly sincerely and truly declare and affirm” for the word “swear,” and omitting the words “So help me God.”

Where in any case not provided for by this Act or included within the saving clauses thereof, any person would by virtue of any law now in force be required to take any oath on or as a condition of his accepting any employment or office, or being admitted to any rights or privileges, a declaration shall be substituted for such oath in such form as the person who would have administered such oath shall think fit, but so that the declaration be to the like effect in all respects as the oath for which it is substituted.

The making a declaration in pursuance of the last preceding section shall in all respects have the same effect as the taking the oath for which the same is substituted would have had if this Act had not passed.

If any person required by this Act to make a declaration instead of an oath, declines or neglects to make such declaration, he shall be subject to the same penalties and disabilities (if any) as he would have been subjected to for declining or neglecting to take the oath for which the declaration provided by this Act is substituted.

Nothing in this Act shall affect—

Any oath prescribed by the Constitution Act.

Any oath required to be taken by members of the Armed Constabulary Force, the Militia, or the Volunteers.

“The Aliens Act, 1866,” except as to the form of oath thereby required to be taken.

The eighteenth section of “The Merchant Shipping Act, 1854,” except that the form of the Oath of Allegiance prescribed by this Act shall be administered in lieu of any other form of oath heretofore used under the provisions of the said section.

Any oath required or authorized by any law in force in this Colony for the purpose of attesting any fact or verifying any account or document.

Any oath required to be taken by any juror witness or other person in pursuance of any law rule usage or custom as preliminary to or in the course of any civil criminal military or other trial inquest or proceedings of a judicial nature including any arbitration, or as preliminary to or in the course of any proceedings before a Committee of the Legislative Council or House of Representatives, or a Joint Committee of the said Legislative Council and House of Representatives, or before any Commissioner or other special tribunal appointed by the Governor.

No person appointed to or holding any office or place or admitted to any rights or privileges before the passing of this Act, who has taken the oath (if any) which under the law in force before the passing of this Act be was required to take, shall be required by virtue of this Act to take any oath or make any declaration in respect of such appointment office place or admission.