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Constitution

The form of the Government of New South Wales is prescribed in its Constitution, dating from 1856 and currently the Constitution Act 1902 (NSW). Since 1901 New South Wales has been a state of the Commonwealth of Australia, and the Australian Constitution regulates its relationship with the Commonwealth.

In 2006, the Constitution Amendment Pledge of Loyalty Act 2006 No 6, was enacted to amend the NSW Constitution Act 1902 to require Members of the New South Wales Parliament and its Ministers to take a pledge of loyalty to Australia and to the people of New South Wales instead of swearing allegiance to Elizabeth II her heirs and successors, and to revise the oaths taken by Executive Councillors. The Pledge of Loyalty Act was officially assented to by the Queen on 3 April 2006. The option to swear allegiance to the Queen was restored as an alternative option in June 2012.

Under the Australian Constitution, New South Wales ceded certain legislative and judicial powers to the Commonwealth, but retained independence in all other areas. The New South Wales Constitution says: "The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Act, have power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever".