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This is a Bill, not an Act. For current law, see the Acts databases.


OATHS (ABOLITION OF PROCLAIMED MANAGERS) AMENDMENT BILL 2004

House of Assembly—No 63

As laid on the table and read a first time, 24 November 2004

South Australia

Oaths (Abolition of Proclaimed Managers) Amendment Bill 2004

A Bill For

An Act to amend the Oaths Act 1936; and to make a related amendment to the Evidence (Affidavits) Act 1928.



Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Amendment provisions

Part 2—Amendment of Oaths Act 1936 to take effect immediately

4 Amendment of section 33—Appointment of persons to take declarations and attest instruments

Part 3—Amendment of Oaths Act 1936 to take effect on 1 January 2007

5 Amendment of heading to Part 5

6 Amendment of section 32—Interpretation

7 Amendment of section 33—Appointment of police officers to take declarations and attest instruments

8 Amendment of section 34—Who may take declarations and attest instruments

9 Amendment of section 35—Meaning of terms in declarations and instruments

Schedule 1—Related amendments of Evidence (Affidavits) Act 1928

1 Amendment of section 2A—Power of members of police force to take affidavits



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Oaths (Abolition of Proclaimed Managers) Amendment Act 2004.

2—Commencement

(1) Part 1 and Part 2 of this Act will come into operation on assent.

(2) Part 3 and Schedule 1 of this Act will come into operation on 1 January 2007.

3—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 Oaths Act 1936 to take effect immediately

4—Amendment of section 33—Appointment of persons to take declarations and attest instruments

Section 33—after subsection (3) insert:

(4) Despite subsection (1), after the commencement of this subsection, the Governor may not appoint a manager to take declarations and attest the execution of instruments.

(5) The appointment of a person as a proclaimed manager that has not earlier been terminated will terminate on 31 December 2006.


Part 3—Amendment of Oaths Act 1936 to take effect on 1 January 2007

5—Amendment of heading to Part 5

Heading to Part 5—delete "persons" and substitute:

police officers

6—Amendment of section 32—Interpretation

Section 32, definitions of manager and proclaimed manager—delete the definitions

7—Amendment of section 33—Appointment of police officers to take declarations and attest instruments

(1) Section 33(1)—delete "managers, and"

(2) Section 33(2)(b)—delete paragraph (b) and substitute:

(b) the person ceasing to be a member of the police force; or

(3) Section 33(4) and (5)—delete subsections (4) and (5)

8—Amendment of section 34—Who may take declarations and attest instruments

(1) Section 34(d)—delete paragraph (d)

(2) Section 34—delete ", a manager, or"

(3) Section 34—delete "his office is situated, or"

9—Amendment of section 35—Meaning of terms in declarations and instruments

Section 35—delete ""proclaimed manager" or"


Schedule 1—Related amendments of Evidence (Affidavits) Act 1928

1—Amendment of section 2A—Power of members of police force to take affidavits

(1) Section 2A(1)—delete "a proclaimed manager or"

(2) Section 2A(2)—delete subsection (2) and substitute:

(2) In this section—

proclaimed member of the police force means a member of the police force appointed to take declarations and attest the execution of instruments under Part 5 of the Oaths Act 1936.

 


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