Title: Constitution (Pledge of Loyalty) AmendmentBill 2020
Author: Office of Parliamentary Counsel
Last saved by: Teimorzadeh, Baharak (AGD)
Category: parliamentary.copy
Document comments: lc51

Legislative Council—No 51
As introduced and read a first time, 1 July 2020

Constitution (Pledge of Loyalty) Amendment Bill 2020
Contents

Constitution (Pledge of Loyalty) Amendment Bill 2020

Constitution (Pledge of Loyalty) Amendment Bill 2020
Part 1—Preliminary

Constitution (Pledge of Loyalty) Amendment Bill 2020
Preliminary—Part 1

Constitution (Pledge of Loyalty) Amendment Bill 2020
Part 2—Amendment of Constitution Act 1934

Constitution (Pledge of Loyalty) Amendment Bill 2020
Amendment of Constitution Act 1934—Part 2

Constitution (Pledge of Loyalty) Amendment Bill 2020
Schedule 1—Related amendment of Oaths Act 1936

Constitution (Pledge of Loyalty) Amendment Bill 2020
Related amendment of Oaths Act 1936—Schedule 1

South Australia
Constitution (Pledge of Loyalty) Amendment Bill 2020
A Bill For
An Act to amend the Constitution Act 1934, and to make a related amendment to the Oaths Act 1936.

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Constitution Act 1934
3	Substitution of section 42
42	Pledge of loyalty
Schedule 1—Related amendment of Oaths Act 1936
1	Amendment of section 13—Affirmation in lieu of oath

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Constitution (Pledge of Loyalty) Amendment Act 2020.
2—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Constitution Act 1934
3—Substitution of section 42
Section 42—delete this section and substitute:
42—Pledge of loyalty
	(1)	A member of Parliament, elected a member of Parliament on or after the commencement of the Constitution (Pledge of Loyalty) Amendment Act 2020, may not sit or vote therein until the member has taken and subscribed to the following pledge of loyalty before the Governor, or before some person or persons authorised by the Governor to administer such pledge of loyalty:
"I pledge my loyalty to Australia and to the people of South Australia."
	(2)	In the case of a member of Parliament elected before the commencement of the Constitution (Pledge of Loyalty) Amendment Act 2020, section 42 of the Constitution Act 1934, as in force immediately before the commencement, will, during so much of the term of office for which that member was elected as occurs after the commencement, apply in respect of that member as if the Constitution (Pledge of Loyalty) Amendment Act 2020 had not been enacted.

Schedule 1—Related amendment of Oaths Act 1936
1—Amendment of section 13—Affirmation in lieu of oath
Section 13—delete "oath required by the Constitution Act 1934" and substitute:
pledge of loyalty required by the Constitution Act 1934

LC GP 525-B: the Hon Mark Parnell MLC