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s 7

Who may administer oath

In force

7 Who may administer oath

(1) An oath taken at a place in the Territory must be administered by one of the following:

(a)

if the oath is taken by a person who is in court:

(i)

the presiding officer of the court; or

(ii) if it is not reasonably practicable for the presiding officer to administer the oath – a person authorised by the presiding officer to do so;

(b)

if the oath is taken by a person who is before a tribunal:

(i) if the tribunal is or is constituted by a single individual – the tribunal; or

(ii) if the tribunal is constituted by 2 or more members – one of the sitting members of the tribunal;

(c)

if neither paragraph (a) nor (b) apply:

(i)

a justice of the peace; or

(ii)

a commissioner for oaths;

(d) in any case – any other person authorised by an Act to administer the oath.

(2) An oath taken at a place outside the Territory for the purposes of a matter in the Territory must be administered by one of the following:

(a) a person who has authority, under the law of the place, to administer an oath, take an affirmation or carry out a comparable process;

(b) a consular official who is performing official functions at the place;

(c) if the person taking the oath is a member of the Australian Defence Force – a defence force officer;

(d)

any other person authorised by an Act to administer the oath.

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