How affidavit to be made
14 How affidavit to be made
(1) An affidavit for any purpose in the Territory must be made in accordance with this section.
(2) The affidavit must set out the full name of the person making it.
The affidavit must conclude with a statement:
(a) that the affidavit is made by the person making it in the presence, whether physically or by audiovisual link, of an authorised witness; and
(b) setting out the place where, and the date when, the affidavit is made.
(4) An attachment to the affidavit must include on its front page a statement identifying it as the attachment referred to in the affidavit.
The person making the affidavit must:
(a) sign the affidavit immediately after the statement required by subsection (3); and
sign each other page of the affidavit; and
sign or initial any alteration made to the affidavit; and
(d) in the presence of an authorised witness, whether physically or by audiovisual link, state on oath, that:
the person is the person named as the maker of the affidavit; and
the contents of the affidavit are true; and
the signature is the person's; and
(iv) if necessary, any attachment to the affidavit is the attachment referred to in it.
Note for subsection (5)
Subsection (5)(a), (b) and (c) need not be complied with in the presence of an authorised witness.
(6) After the person making the affidavit has complied with subsection (5)(d), the authorised witness must:
under or near the statement required by subsection (3):
sign the affidavit; and
write the authorised witness's:
full name; and
qualification as an authorised witness; and
address or telephone number; and
sign each other page of the affidavit; and
(c) sign or initial any alteration made to the affidavit that has been signed or initialled by the maker; and
(d) for any attachment identified under subsection (5)(d)(iv) – sign or initial the attachment under or near the statement required by subsection (4).
(6A) If a person makes an oath under subsection (5)(d) by audiovisual link:
(a) the authorised witness may use a scanned or electronic copy of the affidavit for the purposes of complying with the requirements of subsection (6); and
(b) the person's affidavit must, in addition to any other requirement for making an affidavit, include a statement:
specifying the manner of the making of the oath; and
(ii) whether a scanned or electronic copy of the affidavit was used in accordance with paragraph (a).
In this section:
authorised witness, for an affidavit, means a person who is authorised under section 15 to witness the affidavit.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.