Victorian Consolidated Legislation

Constitution Act 1975 - SECT 19A

Power to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses

19A. Power to the Council and the Assembly and committees and joint committees
thereof to administer oaths to witnesses



(1) In this section, committee means a committee of the Council or of the
Assembly or a joint committee of the Council and the Assembly or a
sub-committee of a Joint Investigatory Committee within the meaning of the
Parliamentary Committees Act 2003 or a member of a Joint Investigatory
Committee or such a sub-committee who is empowered to take evidence under
section 28 or 32 of that Act.

(2) The Council or the Assembly may administer an oath to the witnesses
examined at the bar of the Council or the Assembly (as the case may be).

(3) Any committee may administer an oath to the witnesses examined before such
committee including by means of audio link or audio visual link in accordance
with section 28(4A) of the Parliamentary Committees Act 2003.

(4) Any oath or affirmation taken or made by any witness before the Council or
the Assembly or a committee of the whole Council or of the whole Assembly may
be administered by the Clerk of the Council or the Clerk of the Assembly (as
the case may be) at the table.

(5) Any oath or affirmation taken or made by any witness before any other
committee may be administered by-

   (a)  the chairperson of the committee; or

   (b)  the clerk attending the committee; or





   (c)  a member of a Joint Investigatory Committee or sub-committee of a
        Joint Investigatory Committee within the meaning of the
        Parliamentary Committees Act 2003 empowered to take evidence under
        that Act or if section 28(4A)(b) of that Act applies, a person
        authorised by the Joint Investigatory Committee for the purposes of
        that section.

(6) In any case where a witness, if to be examined before the Supreme Court,
would be permitted to make a solemn affirmation or declaration or to give
evidence in any other way than upon oath, a witness to be examined under this
section shall be in like manner allowed to give evidence upon affirmation or
declaration or otherwise, as aforesaid.

(7) No action shall be maintainable against any witness who has given
evidence, whether on oath or otherwise, under the authority of this Act, for
or in respect of any defamatory words spoken by him while giving such
evidence.

(8) Every person examined under this section who wilfully gives false evidence
shall be liable to the penalties of perjury.

(9) Nothing in this section shall derogate from any power or privilege of
either House, or of the members or committees of either House or of the joint
committees of the Council and the Assembly, but no person shall be liable to
be proceeded against or punished twice for the same offence whether as a
breach of privilege or as an offence against this section or any other
enactment or at common law.





Division 3-Summoning of Parliament. oath of allegiance