OATH OF OFFICE BY MINISTERS
OATH OF OFFICE TO BE ADMINISTERED TO MINISTER WHO IS OVERSEAS: CONSTITUTIONAL PRACTICE RELATING TO TAKING OF OATH OF OFFICE BY A MINISTER WHO IS ALREADY A MEMBER OF THE FEDERAL EXECUTIVE COUNCIL
INSTRUCTIONS PASSED UNDER THE ROYAL SEAL MANUAL AND SIGNET TO THE GOVERNOR-GENERAL AND COMMANDER-IN-CHIEF OF THE COMMONWEALTH OF AUSTRALIA dated 29 October 1900 cl v
The taking of an oath of office by a Minister who is already sworn of the Executive Council is in accordance with constitutional practice, but is not required by law. The oath of office is in no sense a legal pre-requisite to the Minister’s entering upon the duties of his office.
(2) In pursuance of Clause V of the Governor-General’s Instructions, (Commonwealth Statutory Rules 1901–1927, Vol. IV, Page 3632), an oath of office is administered by the Governor-General or by a person authorised by him in that behalf.
(3) In 1939, (as you reminded me), Mr. J.V. Fairbairn took the oath of office as Minister for Civil Aviation in Canada before the Chief Justice of Canada, who acted in pursuance of an authorization by the Governor-General.
(4) If it is desired that an oath of office should be taken by a Minister in London, I would recommend that the Prime Minister should request the Governor-General to arrange for the oath to be administered by the Lord Chancellor of England, under authorisation from the Governor-General.
[Vol. 39, p. 304]