Australian Capital Territory Consolidated Acts

OATHS AND AFFIRMATIONS ACT 1984 - NOTES

Dictionary

(see s 2)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     affidavit

              •     instrument (see s 14)

              •     oath.

"court "includes a tribunal or person having authority to receive evidence—

        (a)     under a law in force in the ACT; or

        (b)     by consent of parties.

"proceeding" means a matter or inquiry, whether civil or criminal, heard or conducted by a court in which evidence is, or may be, received.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Oaths and Affirmations Ordinance 1984 No 79 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

Oaths and Affirmations Act 1984 No 79

notified 19 December 1984

commenced 19 December 1984

as amended by

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Statute Law Revision (Penalties) Act 1994 No 81 sch

notified 29 November 1994 (Gaz 1994 No S253)

s 1, s 2 commenced 29 November 1994 (s 2 (1))

sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

Oaths and Affirmations (Amendment) Act 1995 No 34

notified 31 October 1995 (Gaz 1995 No S266)

commenced 31 October 1995 (s 2)

Statute Law Revision Act 1995 No 46 sch

notified 18 December 1995 (Gaz 1995 No S306)

commenced 18 December 1995 (s 2)

Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch

notified 1 December 1997 (Gaz 1997 No S380)

s 1, s 2 commenced 1 December 1997 (s 2 (1))

sch commenced 1 June 1998 (s 2 (2))

Legislation (Consequential Amendments) Act 2001 No 44 pt 263

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 263 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.57

notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

sch 1 pt 1.57 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

Justice and Community Safety Legislation Amendment Act 2005 (No 2) A2005-11 pt 6

notified LR 11 March 2005

s 1, s 2 commenced 11 March 2005 (LA s 75 (1))

pt 6 commenced 12 March 2005 (s 2)

Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.17

notified LR 21 December 2005

s 1, s 2 commenced 21 December 2005 (LA s 75 (1))

sch 3 pt 3.17 commenced 11 January 2006 (s 2 (1))

Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.29

notified LR 20 June 2007

s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))

sch 3 pt 3.29 commenced 11 July 2007 (s 2 (1))

Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.27

notified LR 22 November 2011

s 1, s 2 commenced 22 November 2011 (LA s 75 (1))

sch 1 pt 1.27 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4)

4     Amendment history

Name of Act
s 1     sub A2005-62 amdt 3.165

Dictionary
s 2     om 2001 No 44 amdt 1.2997
    ins A2005-11 s 31
    am A2011-48 amdt 1.43

Notes
s 3     om 2001 No 44 amdt 1.2997
    ins A2005-11 s 31

Definitions for Act
s 4     om A2005-11 s 31
    def barrister and solicitor om 1997 No 96 sch
    def court om A2005-11 s 31
    def diplomatic or consular representative om A2005-11 s 31
    def proceeding om A2005-11 s 31

Certain provisions subject to court rules
s 5 hdg     sub A2004-60 amdt 1.598
s 5     am 1995 No 46 sch
    sub A2004-60 amdt 1.598

Oaths or affirmations by members of Assembly
s 6A     ins 1995 No 34 s 4
    sub A2005-62 amdt 3.166

Authority to administer oath or affirmation to member of Assembly
s 10A     ins 1995 No 34 s 5

Authority to administer oath etc
s 11     am 1995 No 34 s 6; 1997 No 96 sch; A2005-11 s 32

Written evidence of oath or affirmation of office
s 18     am A2005-62 amdt 3.167

Alternative form and manner for oath
s 21     am 1995 No 34 s 7

Oath or affirmation for purposes of foreign tribunal
s 24     am 1989 No 38 sch 1

Oath or affirmation without authority
s 25     am 1994 No 81 sch

Amendment of Seat of Government (Administration) Ordinance 1930
s 28     om 1989 No 38 sch 1

Oaths and affirmations by member of Legislative Assembly
sch 1A     ins 1995 No 34 s 8

pt 1A.1 hdg     (prev sch 1 pt 1 hdg) renum R3 LA

pt 1A.2 hdg     (prev sch 1 pt 2 hdg) renum R3 LA

Dictionary
dict     ins A2005-11 s 33
    def court ins A2005-11 s 33
    sub A2007-16 amdt 3.130; A2011-48 amdt 1.44
    def proceeding ins A2005-11 s 33
    sub A2007-16 amdt 3.130; A2011-48 amdt 1.44

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord 1989 No 38	30 June 1991
2	Act 1995 No 46	1 January 1996
3	A2001-44	8 February 2002
4	A2005-60	10 January 2005
5	A2005-11	12 March 2005
6	A2005-62	11 January 2006
7	A2007-16	11 July 2007

© Australian Capital Territory 2012

Australian Capital Territory

A1984-79

Republication No 8

Effective: 1 March 2012

Republication date: 1 March 2012

Last amendment made by A2011-48





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Oaths and Affirmations Act 1984

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2012

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 March 2012

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Oaths and Affirmations Act 1984

Part 1A.114

Part 1A.215

Endnotes21

Oaths and Affirmations Act 1984