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Oaths and Affirmations Act 2018 PDF

77 Pages·2017·0.66 MB·English
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Authorised Version Oaths and Affirmations Act 2018 No. 6 of 2018 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Application of this Act 6 5 Act binds the Crown 6 Part 2—Oaths and affirmations 7 6 Application of Part 7 7 Choice of oath or affirmation 7 8 Form of oaths and affirmations 8 9 Oath or affirmation to be said aloud 8 10 Effect on oath of religious texts and beliefs 8 11 Administration to multiple persons 9 12 Powers of courts, certain officers of courts and other persons to administer oaths and affirmations 9 13 Appointment by interstate or overseas court or body to take or receive evidence 11 14 Officer must refuse to administer oath or affirmation in certain circumstances 12 15 Reasonable modifications may be made 12 16 Audio and audio-visual evidence 12 17 Minor non-compliance does not affect validity 13 Part 3—Affidavits 14 18 Application of Part 14 19 Affidavits made in Victoria 14 20 Offence to require payment of fee to take affidavit 16 21 Affidavits made out of Victoria 17 22 Offence to take affidavit if not authorised affidavit taker and offence to purport to be authorised affidavit taker 18 23 Prescribed form of affidavit 19 24 Authorised affidavit taker authorised to administer oath or affirmation 19 25 Signature and oath requirements—deponent 19 26 Requirements of authorised affidavit taker 19 27 Jurat 20 Authorised by the Chief Parliamentary Counsel i Section Page 28 Affidavit by illiterate, blind or cognitively impaired person 21 29 Minor non-compliance does not affect validity 22 Part 4—Statutory declarations 23 30 Statutory declarations made in Victoria 23 31 Offence to take statutory declaration if not statutory declaration witness and offence to purport to be statutory declaration witness 24 32 Provision of assistance to person making statutory declaration 25 33 Statutory declarations made out of Victoria 25 34 Reasonable modifications may be made 27 35 Statutory declaration by illiterate, blind or cognitively impaired person 27 36 Offence to make false statutory declaration 27 37 False or misleading statement as to making of statutory declaration 27 38 Minor non-compliance does not affect validity 28 Part 5—Certification 29 Division 1—Authorised certifiers 29 39 Authorised certifiers 29 Division 2—Scheme for certification of copies of original documents 29 40 Application 29 41 Process for certifying copies of documents 30 42 Process for certifying copy of a certified copy 30 43 Multiple page documents 31 44 Documents in languages other than English 31 45 Minor non-compliance does not affect validity 32 Division 3—General certification offences 32 46 Application 32 47 Offence to present false copy of a document for certification 32 48 Offence to certify certain copies of documents 32 49 False or misleading statement as to certification of copy of document 33 Part 6—General 34 50 Perjury to make false statement by oath, affirmation or affidavit 34 51 Infringement offences 34 52 Regulations 34 Authorised by the Chief Parliamentary Counsel ii Section Page Part 7—Transitional provisions, repeals and consequential amendments 37 Division 1—Repeals and transitional provisions 37 53 Administration of oaths and affirmations 37 54 Oaths affirmations affidavits declarations 37 55 Attestations verifications acknowledgements notarial Acts etc. 37 56 Persons making wilful false statements on oath, declaration etc. guilty of perjury 37 57 Abolition of extra-judicial oaths 37 58 Form of oath and affirmation and affirmations in writing 37 59 Regulations dealing with transitional matters 38 Division 2—Consequential amendments to Evidence (Miscellaneous Provisions) Act 1958 39 60 Oaths affirmations affidavits declarations 39 61 Heading to Part VII amended 39 62 Regulations 39 Division 3—Consequential amendment of other Acts 39 63 Crimes Act 1958 39 64 Constitution Act 1975 40 65 Evidence Act 2008 40 66 Interpretation of Legislation Act 1984 41 67 Public Notaries Act 2001 41 68 Further consequential amendments 41 Division 4—Repeal of amending provisions 41 69 Repeal of amending provisions 41 Schedule 1—Form of oath and affirmation 42 Schedule 2—Further consequential amendments 43 ═══════════════ Endnotes 74 1 General information 74 Authorised by the Chief Parliamentary Counsel iii Authorised Version Victoria † Oaths and Affirmations Act 2018 No. 6 of 2018 [Assented to 27 February 2018] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to re-enact and modernise the law relating to oaths, affirmations, affidavits and statutory declarations; and (b) to establish a scheme for the certification of copies of documents; and Authorised by the Chief Parliamentary Counsel 1 Oaths and Affirmations Act 2018 No. 6 of 2018 Part 1—Preliminary (c) to repeal Divisions 1 to 11 of Part IV, Part V and other provisions of the Evidence (Miscellaneous Provisions) Act 1958; and (d) to make consequential amendments to the Evidence Act 2008, the Constitution Act 1975, the Interpretation of Legislation Act 1984 and other Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 March 2019, it comes into operation on that day. 3 Definitions In this Act— administering officer means any person authorised to administer oaths or affirmations by or under this Act or any other Act or by convention; Australian consular officer means a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside Australia— (a) ambassador; (b) high commissioner; (c) Minister; (d) head of mission; (e) commissioner; (f) chargé d'affaires; Authorised by the Chief Parliamentary Counsel 2 Oaths and Affirmations Act 2018 No. 6 of 2018 Part 1—Preliminary (g) counsellor or secretary at an embassy, high commissioner's office, legation or other post; (h) consul-general; (i) consul; (j) vice-consul; (k) trade commissioner; (l) consular agent; (m) envoy; authorised affidavit taker means a person authorised to take an affidavit by or under Part 3; authorised certifier means a person authorised to certify a copy of a document by or under Part 5; certify does not include attest; child means a person under the age of 18 years; cognitive impairment includes an intellectual disability, an acquired brain injury, autism spectrum disorder and a neurological impairment; exhibit includes annexure or attachment; honorary justice has the same meaning as it has in the Honorary Justices Act 2014; identical does not mean of the same size or colour, provided that the use of a different size or colour does not result in the loss of any material information; Authorised by the Chief Parliamentary Counsel 3 Oaths and Affirmations Act 2018 No. 6 of 2018 Part 1—Preliminary judicial officer means any of the following— (a) a Judge or reserve Judge of the Supreme Court; (b) an Associate Judge or reserve Associate Judge of the Supreme Court; (c) a Judge or reserve Judge of the Supreme Court who is appointed or assigned to VCAT; (d) a judge of the County Court; (e) a reserve judge of the County Court; (f) an associate judge of the County Court; (g) a reserve associate judge of the County Court; (h) a person referred to in paragraph (d) or (e) who is appointed or assigned to VCAT; (i) a magistrate or reserve magistrate; (j) a magistrate or reserve magistrate who is appointed or assigned to the Children's Court, the Coroners Court or VCAT; (k) a reserve coroner; (l) a person appointed under section 94 of the Coroners Act 2008; (m) a judicial registrar of the following courts— (i) the Supreme Court; (ii) the County Court; (iii) the Magistrates' Court; (iv) the Children's Court; (v) the Coroners Court; Authorised by the Chief Parliamentary Counsel 4 Oaths and Affirmations Act 2018 No. 6 of 2018 Part 1—Preliminary jurat means a written statement at the end of an affidavit setting out where and when the affidavit was sworn or affirmed, followed by the signature and authority of the authorised affidavit taker; original document, in Part 5, means a document that an authorised certifier, having used the authorised certifier's best judgment, determines is— (a) original; or (b) a document or extract that has been certified, otherwise than under Division 2 of that Part, as a true extract from, or copy of, a register of public documents or any other official record by the keeper or holder of that register or record; person acting judicially includes the following— (a) any arbitrator; (b) any person or body having by law or by consent of parties authority to hear, receive and examine evidence; (c) any officer in any public department having in the discharge of the person's duties authority to examine evidence; public document has the same meaning as it has in the Evidence Act 2008; statutory declaration witness means a person authorised to witness a statutory declaration by or under Part 4. Authorised by the Chief Parliamentary Counsel 5 Oaths and Affirmations Act 2018 No. 6 of 2018 Part 1—Preliminary 4 Application of this Act Nothing in this Act limits— (a) in the case of the Supreme Court, the Court's inherent jurisdiction, implied jurisdiction or statutory jurisdiction; or (b) in the case of a court other than the Supreme Court, the court's implied jurisdiction or statutory jurisdiction; or (c) in the case of a tribunal, the tribunal's statutory jurisdiction; or (d) any other powers of a court or tribunal arising or derived from the common law or under any other Act (including any Commonwealth Act), rule of court, practice note or practice direction. 5 Act binds the Crown This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities. Authorised by the Chief Parliamentary Counsel 6 Oaths and Affirmations Act 2018 No. 6 of 2018 Part 2—Oaths and affirmations Part 2—Oaths and affirmations 6 Application of Part (1) This Part sets out basic requirements for oaths and affirmations that may be used if an oath or affirmation is required to be taken by or under an Act or by convention. (2) Only section 12 of this Part applies in respect of an oath taken or an affirmation made by— (a) a witness in a proceeding to which the Evidence Act 2008 applies; or (b) a person acting as an interpreter in a proceeding to which that Act applies. Note Section 4 of the Evidence Act 2008 specifies the proceedings to which that Act applies. Division 2 of Part 2.1 of that Act sets out the requirements for oaths and affirmations in respect of proceedings to which that Act applies but does not specify who may administer an oath or affirmation. 7 Choice of oath or affirmation (1) A person who is required to take an oath or make an affirmation may choose whether to take an oath or make an affirmation. (2) The administering officer must inform the person that the person has this choice, unless the officer is satisfied that the person knows that the person has the choice. (3) The administering officer may direct the person to make an affirmation if— (a) the person refuses to choose whether to take an oath or make an affirmation; or (b) it is not reasonably practicable for the person to take an appropriate oath. Authorised by the Chief Parliamentary Counsel 7

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24 Authorised affidavit taker authorised to administer oath or affirmation. 19 .. oath or affirmation adapted to enable the oath or affirmation to be
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