Powers of courts, certain officers of courts and other persons to administer oaths and affirmations
12 Powers of courts, certain officers of courts and other persons to administer oaths and affirmations
The following have the power to administer an oath or affirmation—
a court, tribunal, judicial officer or a person acting judicially—
to any witness who is lawfully called before the court, tribunal, judicial officer or person acting judicially; or
to any interpreter in a proceeding in the court or tribunal or before a judicial officer or person acting judicially; or
to any other person required to take an oath or make an affirmation in a proceeding in the court or tribunal or before the judicial officer or person acting judicially;
a person who is performing duties in relation to a court or tribunal;
a person who is performing duties in relation to a court or tribunal who is authorised by any of the following for any purpose connected with the person's duties—
the court or tribunal;
a judicial officer or a member of the tribunal;
any rules of court or orders, practice directions or practice notes regulating the procedure of the court or tribunal;
a person performing duties as authorised by a person acting judicially for any purpose connected with the first person's duties;
a person who is directed to take an examination in any proceeding in a court or tribunal or before a person acting judicially;
a person authorised to take or receive evidence by section 13;
any prescribed person or person who is a member of a prescribed class of persons.
Note
Other Acts or regulations may also give a person power to administer an oath or affirmation.
A person or a person belonging to a class of persons specified by or under a specific Act or a specific statutory rule to administer an oath or affirmation in specified circumstances or in a specified manner is authorised to administer an oath or affirmation for that purpose.
A person must not administer an oath or affirmation unless—
the person is authorised to do so by or under this Act or another Act or by convention; or
the oath or affirmation is made in respect of a matter or thing—
touching the preservation of the peace; or
touching any proceedings before the Legislative Council or Legislative Assembly or any committee of the Legislative Council or Legislative Assembly; or
the oath or affirmation is required by the law of any foreign or other country out of Victoria to give validity to instruments in writing designed to be used in foreign or other countries respectively; or
the oath or affirmation is for an oath of office.
This provision refers to the regulations (prescribed person
, prescribed class
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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