Ministers
For the attention of every senator and every member of the House of Representatives:
Commonwealth of Australia Constitution Act 1900 (current until a referendum changes it)
42 Oath or affirmation of allegiance.
Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the Governor-General, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.
Schedule
OathI, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. So help me God ! Affirmation. I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. (Note.—The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being is to be substituted from time to time.)
Annexure 3 – 2 page letter 10.6.1999 by Robyn Webber, Director, Chamber Research Office, Parliament House, Canberra, one of 35 Annexures published in the book “Australia – the Concealed Colony” ie:
There is no provision for any deviation from this constitutional requirement. No Member may take part in proceedings of the House until sworn in.
Police
QUEENSLAND POLICE SERVICE ABN 29 409 225 509, Trading as QUEENSLAND POLICE SERVICE, Doing Business As: CAIRNS POLICE STATION
Police Service Administration Regulation 2016 (current 19.2.2024)
https://www.legislation.qld.gov.au/view/html/inforce/current/sl-2016-0044
4 Oath of office—Act, s 3.3
(1) For section 3.3 of the Act, the following oath is prescribed for a person to take and subscribe before beginning to perform duty as an officer—‘I, A.B., swear by almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second and Her Heirs and Successors according to law in the office of constable or in such other capacity as I may be hereafter appointed, promoted, or may be reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; that I will cause Her Majesty’s peace to be kept and preserved; that I will prevent to the best of my power all offences against the same; and that while I shall continue to be a member of the Queensland Police Service I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law. So help me God.’.
(2) However, subsection (3) applies if the person’s first performance of duty as an officer is to be as an officer of a rank (starting rank) other than constable.
(3) The oath prescribed for the person to take and subscribe before beginning to perform duty as an officer is the oath stated in subsection (1) subject to the word ‘constable’ being replaced by the word or words stating the rank that is the starting rank.
WESTERN AUSTRALIA POLICE ABN 91 724 684 688,
Trading as Western Australian Police:
Police Act 1892 (current 19.2.2024)
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a615.html
10. Engagement to be subscribed by officers and constables
No person shall be capable of holding any office, or appointment in the Police Force, or of acting in any way therein, until he shall have subscribed the following engagement, namely —
I, A.B., engage and promise that I will well and truly serve our Sovereign Lady the Queen, in the office of [Commissioner of Police, inspector, sub‑inspector, or other officer, or constable, as the case may be], without favour or affection, malice, or illwill, until I am legally discharged; that I will see and cause Her Majesty’s peace to be kept and preserved, and that I will prevent, to the best of my power, all offences against the same; and that, while I shall continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.
And the said engagement shall be subscribed in the presence of and attested by a Justice or commissioned officer of the Force.
[Section 10 amended: No. 91 of 1975 s. 4.]
Note: No heirs and successors. Unless officers have re-sworn their Oath, it could be argued they are out of Office according to law.
Governor-General
Is the Governor-Generals Oath to the Monarch consistent with the requirements of the Letter Patent commanding the oath of allegiance to be that of the Schedule within an Act to constitute the Commonwealth of Australia?
Read full article at the Constitution Watch website:
Australian Federal Police
Australian Federal Police Act 1979 No. 58, 1979
Compilation No. 65 Compilation date: 1 July 2023
https://www.legislation.gov.au/C2004A02068/latest/text (current 19.2.2024)
Division 4—Undertakings and oaths or affirmations
36 Undertakings and oaths or affirmations
Commissioner
(1) A person appointed as the Commissioner must, before commencing to perform his or her duties, make and subscribe, before a person authorised by the Minister, such oath or affirmation as is prescribed by the regulations.
Deputy Commissioner
(2) A Deputy Commissioner appointed under section 17 must, immediately after his or her appointment:
(a) enter into an undertaking, in accordance with the form prescribed by the regulations, relating to the performance of his or her duties; and
(b) make and subscribe, before the Commissioner, such oath or affirmation as is prescribed by the regulations.
Members
(3) A person declared to be a member under section 40B must, immediately after the declaration:
(a) enter into an undertaking, in accordance with the form prescribed by the regulations, relating to the performance of his or her duties; and
(b) make and subscribe, before the Commissioner or a person authorised by the Commissioner, such oath or affirmation as is prescribed by the regulations.
Australian Federal Police Regulations 2018 (current 19.2.2024)
https://www.legislation.gov.au/F2018L01121/asmade/text
Schedule 1—Forms for undertakings, oaths and affirmations relating to the performance of duties
Note: See sections 13 and 14.
Form 1—Undertaking
Australian Federal Police Act 1979
UNDERTAKING RELATING TO PERFORMANCE OF DUTIES
I, , undertake that I will, in the performance of my duties as a [*member/*special member/*protective service officer/*special protective service officer] of the Australian Federal Police, comply with the provisions of the Australian Federal Police Act 1979, the regulations made under that Act, the Commissioner’s Orders issued under section 38 of that Act and any lawful direction, instruction or order, whether written or oral, under section 40 of that Act.
* Delete if not applicable
Form 2—Oath for Commissioner, Deputy Commissioner, member or special member
Australian Federal Police Act 1979
OATH FOR COMMISSIONER, DEPUTY COMMISSIONER, MEMBER OR SPECIAL MEMBER
I, , [*swear/*promise]:
That I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.
That I will faithfully and diligently exercise and perform all my powers and duties as [*the Commissioner/*a Deputy Commissioner/*a person declared to be a member under section 40B of the Act/*a special member] of the Australian Federal Police without fear or favour, affection or ill will, from this date until I cease to be [*the Commissioner/*a Deputy Commissioner/*a person declared to be a member under section 40B of the Act/*a special member] of the Australian Federal Police.
That, whenever performing duty in the Australian Capital Territory, I will cause Her Majesty’s peace to be kept and preserved, and prevent, to the best of my power, offences against that peace.
And that, while I continue to be [*the Commissioner/*a Deputy Commissioner/*a person declared to be a member under section 40B of the Act/*a special member] of the Australian Federal Police, I will, to the best of my skill and knowledge, faithfully discharge all my duties according to law.
So help me [*God/*a god recognised by the person’s religion]!
* Delete if not applicable
Form 3—Affirmation for Commissioner, Deputy Commissioner, member or special member
Australian Federal Police Act 1979
AFFIRMATION FOR COMMISSIONER, DEPUTY COMMISSIONER, MEMBER OR SPECIAL MEMBER
I, , solemnly and sincerely affirm and declare:
That I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.
That I will faithfully and diligently exercise and perform all my powers and duties as [*the Commissioner/*a Deputy Commissioner/*a person declared to be a member under section 40B of the Act/*a special member] of the Australian Federal Police without fear or favour, affection or ill will, from this date until I cease to be [*the Commissioner/*a Deputy Commissioner/*a person declared to be a member under section 40B of the Act/*a special member] of the Australian Federal Police.
That, whenever performing duty in the Australian Capital Territory, I will cause Her Majesty’s peace to be kept and preserved, and prevent, to the best of my power, offences against that peace.
And that, while I continue to be [*the Commissioner/*a Deputy Commissioner/*a person declared to be a member under section 40B of the Act/*a special member] of the Australian Federal Police, I will, to the best of my skill and knowledge, faithfully discharge all my duties according to law.
* Delete if not applicable
Form 4—Oath for protective service officer or special protective service officer
Australian Federal Police Act 1979
OATH FOR PROTECTIVE SERVICE OFFICER OR SPECIAL PROTECTIVE SERVICE OFFICER
I, , [*swear/*promise]:
That I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.
That I will faithfully and diligently exercise and perform all my powers and duties as a [*protective service officer/*special protective service officer] of the Australian Federal Police without fear or favour, affection or ill will, from this date until I cease to be a [*protective service officer/*special protective service officer] of the Australian Federal Police.
And that, while I continue to be a [*protective service officer/*special protective service officer] of the Australian Federal Police, I will, to the best of my skill and knowledge, faithfully discharge all my duties according to law.
So help me [*God/*a god recognised by the person’s religion]!
* Delete if not applicable
Form 5—Affirmation for protective service officer or special protective service officer
Australian Federal Police Act 1979
AFFIRMATION FOR PROTECTIVE SERVICE OFFICER OR SPECIAL PROTECTIVE SERVICE OFFICER
I, , solemnly and sincerely affirm and declare:
That I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.
That I will faithfully and diligently exercise and perform all my powers and duties as a [*protective service officer/*special protective service officer] of the Australian Federal Police without fear or favour, affection or ill will, from this date until I cease to be a [*protective service officer/*special protective service officer] of the Australian Federal Police.
And that, while I continue to be a [*protective service officer/*special protective service officer] of the Australian Federal Police, I will, to the best of my skill and knowledge, faithfully discharge all my duties according to law.