Oaths and Affirmations Act 1984

This Act is the Oaths and Affirmations Act 1984.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The following provisions of this Act are subject to rules made, and forms approved, under the Court Procedures Act 2004:

 section 7 (Oath or affirmation by witness)

 section 8 (Oath or affirmation by interpreter)

 section 10 (Oath or affirmation by deponent to affidavit)

 section 11 (Authority to administer oath etc)

 section 12 (Swearing or affirming of affidavit)

 section 13 (Affidavit by affirmation)

 part 5 (Manner of taking oaths and making affirmations).

An oath of office to be taken by a person under a law in force in the ACT shall, where the form of oath is not prescribed by or under that law, be in accordance with the form of oath specified in schedule 1.

Where a person is entitled or required to make an affirmation of office instead of taking an oath of office and the form of affirmation is not prescribed by or under the relevant law, the affirmation shall be in accordance with the form of affirmation specified in schedule 1.

A member of the Legislative Assembly must, before taking his or her seat, make and subscribe either or both of the following:

an oath or affirmation in accordance with the form in schedule 1A, part 1A.1;

an oath or affirmation in accordance with the form in schedule 1A, part 1A.2.

This section has effect despite the Self-Government Act, section 9 (1).

An oath to be taken by a person called as a witness in a proceeding shall, where no other form of oath is prescribed by or under the relevant law, be in accordance with the form of oath specified in schedule 2.

Where a person called as a witness in a proceeding is entitled or required to make an affirmation instead of taking an oath, and the form of affirmation is not prescribed by or under the relevant law, the affirmation shall be in accordance with the form of affirmation specified in schedule 2.

An oath to be taken by a person who is an interpreter in a proceeding shall be in accordance with the form of oath specified in schedule 3.

Where a person who is an interpreter in a proceeding is entitled or required to make an affirmation instead of taking an oath, the affirmation shall be in accordance with the form of affirmation specified in schedule 3.

An oath to be taken by a deponent to an affidavit for use in a proceeding shall be in accordance with the form of oath specified in schedule 5.

Where a deponent to an affidavit for use in a proceeding is entitled or required to make an affirmation instead of taking an oath, the affirmation shall be in accordance with the form of affirmation specified in schedule 5.

An oath or affirmation referred to in section 6A shall be made and subscribed before the Chief Justice of the Supreme Court or a judge of that court authorised by the Chief Justice.

Subject to section 10A, an oath to be taken or affidavit to be made for the purposes of a proceeding or for any other purpose under a law in force in the ACT may be sworn or affirmed—

in the ACT, before a justice of the peace, a notary public for the ACT or a legal practitioner; and

in a State or another Territory, before—

a person referred to in paragraph (a); or

a justice of the peace of that State or Territory; or

a notary public for that State or Territory; or

any other person having authority to administer an oath in that State or Territory; and

in any other place, before—

a person referred to in paragraph (a); or

an Australian diplomatic or consular representative in the country in which that place is situated; or

a notary public for that place; or

any person having authority to administer an oath in that place.

A person authorised under subsection (1) to administer an oath may, for any purpose for which the oath may be administered, administer an affirmation.

In this section:

Australian diplomatic or consular representative means—

an Australian consular officer under the Consular Fees Act 1955 (Cwlth), section 2 (Interpretation); or

an Australian diplomatic officer under the Consular Fees Act 1955 (Cwlth), section 2; or

an employee mentioned in the Consular Fees Act 1955 (Cwlth), section 3 (c) or (d) (Fees may be prescribed for consular acts); or

Note The Consular Fees Act 1955 (Cwlth), s 3 (c) and (d) mentions employees of the Commonwealth and employees of the Australian Trade Commission authorised, in writing, by the secretary to the Cwlth department.

Where, by a law in force in the ACT, an affidavit is required or permitted to be made, the affidavit may be sworn or affirmed in accordance with part 5.