Oaths Act 2001
An Act to provide for the making of oaths, affidavits, declarations and affirmations
[Royal Assent 17 December 2001]
This Act may be cited as the Oaths Act 2001 .
This Act commences on a day to be proclaimed.
In this Act affidavit includes (a) any affirmation, statutory declaration or other declaration; and(b) any acknowledgment, examination or attestation; and(c) for the purpose of section 7 , any deposition or statement made by an informant or a complainant;appointed person means a person appointed under section 9 to take and receive evidence;commissioner for declarations means a person referred to in section 12 ;consular agent means declared office means an office declared under section 8 ;diplomatic agent means (a) any ambassador, envoy, high commissioner, minister, head of mission, commissioner, charge d'affaires, counsellor or secretary at any embassy, legation, high commission or commission; and(b) a trade commissioner; and(c) a person appointed to hold or act in a declared office in a country or place outside Australia;judicial authority means a judge, person, court or body authorised by the law of a place outside this State to take or receive evidence on oath in that place;oath includes an affirmation and a declaration;
An affidavit of the service in this State of any process or other document to be issued out of any court may be taken before a justice.
(1) If, under any Act, any affidavit is required to be made, or any document to be signed, before any justice, it is sufficient if the affidavit is made or document is signed before a justice in the jurisdiction in which the affidavit is made or the document is signed.(2) The signature of any person on any affidavit or document purporting to be that of a justice in the jurisdiction in which the affidavit is made or document is signed is evidence that
(1) If, under any Act, any oath, affidavit or document is required to be administered by, or made or signed before, a commissioner for taking affidavits or a justice, or if any notarial act is required to be done in any place out of this State for the purpose of being used in this State, it is sufficient if the oath, affidavit, document or notarial act is administered, made, signed or done before or by any diplomatic agent or consular agent performing functions in that place.(2) The signature of any person to any oath, affidavit, document or notarial act purporting to be that of a diplomatic agent or consular agent is evidence that
(1) This section applies to an affidavit before a justice or an appointed person made by a person who the justice or appointed person is satisfied, having regard to any relevant matter, is not competent to take an oath.(2) The affidavit is (a) allowed as if it were taken on oath if (3) It is presumed, unless the contrary is established to the satisfaction of the justice or appointed person, that the person (4) This section does not make evidence admissible if it would otherwise be inadmissible.
The Minister, by order, may declare an office of the Commonwealth to be a declared office for the purpose of the definition of "diplomatic agent".
(1) A judicial authority wishing to take evidence in this State may appoint a person to take and receive evidence in this State.(2) An appointed person may (3) An appointed person appointed by a judicial authority that is not a court or judge may only take and receive evidence or administer an oath in this State with the written consent of the Attorney-General.
(1) An affidavit is not to be taken by an appointed person unless the person receives a written certificate from a consular agent of the place to which the judicial authority belongs that he or she believes the affidavit is required for the purpose of a matter pending before or in that judicial authority.(2) The jurat or attestation of the affidavit is to state the name and official designation of the consular agent on whose certificate the affidavit has been taken.
(1) An affidavit taken by an appointed person is taken to have been made in a judicial proceeding.(2) In any prosecution for perjury in respect of an affidavit (a) it is not necessary to prove that (i) any judicial or other proceeding was actually pending before or in a judicial authority; or(ii) the certificate referred to in section 10 was actually given; and(b) any evidence to the contrary is not admissible.
(1) The Minister may appoint persons to be commissioners for declarations.(2) A person is a commissioner for declarations if the person is (a) [Section 12 Subsection (2) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] a prescribed person under regulation 7 of the Statutory Declarations Regulations 2018 of the Commonwealth; or(b) [Section 12 Subsection (2) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] . . . . . . . .(c) a member of a group of persons declared by the Minister to be an occupational group for the purposes of this section.(3) The Minister is to publish in the Gazette notice of any (a) appointment under subsection (1) ; and(b) declaration under subsection (2)(c) ; and(c) revocation of the appointment or declaration.
A commissioner for declarations signing in that capacity is to add after his or her signature (a) "commissioner for declarations"; and(b) his or her title, if qualified as a commissioner under section 12(2) .
(1) Any justice or other person by law authorised to administer an oath or a commissioner for declarations may take and receive the voluntary declaration of a person.(2) A declaration is to be in accordance with Form 1 as specified in Schedule 1 .(3) If, under any Act, a declaration or document is authorised or required to be made or signed before a justice, it is sufficient if that declaration or document is made or signed before a commissioner for declarations.
A declaration made or a document signed is not invalidated only because the person before whom it was made or signed is no longer a commissioner for declarations.
(1) A person may make an affirmation instead of taking an oath for any purpose where an oath is required by law.(2) An affirmation has the same effect as an oath.(3) An affirmation, unless otherwise provided for, is to state that the person solemnly and sincerely declares and affirms the matter to be affirmed.(4) An oath may be taken by saying "I swear" in reply to the oath being tendered.(5) An affirmation may be made by saying "I affirm" in reply to the affirmation being tendered.
The Governor may make regulations for the purposes of this Act.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990
(1) A declaration made under section 131B(1)(c) of the Evidence Act 1910 before the commencement of this Act is, on that commencement, taken to be a declaration made under section 12(2)(c) of this Act.(2) A person who was a commissioner for declarations under section 131A of the Evidence Act 1910 before the commencement of this Act is, on that commencement, a commissioner for declarations under this Act.
Form 1 - Statutory Declaration[Schedule 1 Amended by No. 29 of 2018, s. 40, Applied:10 Dec 2018]