Section 46 — Application — Oaths and Affirmations Act 2018 (Victoria) — Barrister AI

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Section 46 — Application — Oaths and Affirmations Act 2018 (Victoria) — Barrister AI

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s 1Purposes s 2Commencement s 3Definitions s 4Application of this Act s 5Act binds the Crown s 6Application of Part s 7Choice of oath or affirmation s 8Form of oaths and affirmations s 9Oath or affirmation to be said aloud s 10Effect on oath of religious texts and beliefs s 11Administration to multiple persons s 12Powers of courts, certain officers of courts and other persons to administer oaths and affirmations s 13Appointment by interstate or overseas court or body to take or receive evidence s 14Officer must refuse to administer oath or affirmation in certain circumstances s 15Reasonable modifications may be made s 16Audio and audio-visual evidence s 17Minor non-compliance does not affect validity s 18Application of Part s 18AElectronic signatures and initials s 19Affidavits made in Victoria s 20Offence to require payment of fee to take affidavit s 21Affidavits made out of Victoria s 22Offence to take affidavit if not authorised affidavit taker and offence to purport to be authorised affidavit taker s 23Prescribed form of affidavit s 24Authorised affidavit taker authorised to administer oath or affirmation s 25Signature and oath requirements—deponent s 26Requirements of authorised affidavit taker s 27Jurat s 28Affidavit by illiterate, blind or cognitively impaired person s 28AInability to comply with requirements—admission into evidence s 28BAudio visual procedures do not limit other duties and obligations s 29Minor non-compliance does not affect validity s 29AElectronic signatures and initials s 30Statutory declarations made in Victoria s 30ARequirements if statutory declaration made or witnessed by audio visual link or in electronic form s 30BAudio visual procedures do not limit other duties and obligations s 31Offence to take statutory declaration if not statutory declaration witness and offence to purport to be statutory declaration witness s 32Provision of assistance to person making statutory declaration s 33Statutory declarations made out of Victoria s 34Reasonable modifications may be made s 35Statutory declaration by illiterate, blind or cognitively impaired person s 36Offence to make false statutory declaration s 37False or misleading statement as to making of statutory declaration s 38Minor non-compliance does not affect validity s 39Authorised certifiers s 40Application s 41Process for certifying copies of documents s 42Process for certifying copy of a certified copy s 43Multiple page documents s 44Documents in languages other than English s 45Minor non-compliance does not affect validity s 46Application s 47Offence to present false copy of a document for certification s 48Offence to certify certain copies of documents s 1See the definition of original document in section 3.s 49False or misleading statement as to certification of copy of document s 50Perjury to make false statement by oath, affirmation or affidavit s 51Infringement offences s 52Regulations s 53Administration of oaths and affirmations s 54Oaths affirmations affidavits declarations s 55Attestations verifications acknowledgements notarial Acts etc.s 56Persons making wilful false statements on oath, declaration etc. guilty of perjury s 57Abolition of extra-judicial oaths s 58Form of oath and affirmation and affirmations in writing s 60Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

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46

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46 Application

This Division applies to certification of copies of documents, whether under Division 2 or otherwise.

This Act’s bill:Explanatory memorandum Second reading speech

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