New South Wales Consolidated Acts

EVIDENCE ACT 1995 - SECT 23

23 Choice of oath or affirmation

(1) A person who is to be a witness or act as an interpreter in a proceeding may choose whether to take an oath or make an affirmation.

(2) The court is to inform the person that he or she has this choice, unless the court is satisfied that the person has already been informed or knows that he or she has the choice.

(3) The court may direct a person who is to be a witness 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.

Note: Subsection (2) differs from section 23 of the Commonwealth Act.