OATHS AND AFFIRMATIONS ACT 2018
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Application of this Act
- 5 Act binds the Crown
PART 2--OATHS AND AFFIRMATIONS
- 6 Application of Part
- 7 Choice of oath or affirmation
- 8 Form of oaths and affirmations
- 9 Oath or affirmation to be said aloud
- 10 Effect on oath of religious texts and beliefs
- 11 Administration to multiple persons
- 12 Powers of courts, certain officers of courts and other persons to administer oaths and affirmations
- 13 Appointment by interstate or overseas court or body to take or receive evidence
- 14 Officer must refuse to administer oath or affirmation in certain circumstances
- 15 Reasonable modifications may be made
- 16 Audio and audio-visual evidence
- 17 Minor non-compliance does not affect validity
PART 3--AFFIDAVITS
- 18 Application of Part
- 18A Electronic signatures and initials
- 19 Affidavits made in Victoria
- 20 Offence to require payment of fee to take affidavit
- 21 Affidavits made out of Victoria
- 22 Offence to take affidavit if not authorised affidavit taker and offence to purport to be authorised affidavit taker
- 23 Prescribed form of affidavit
- 24 Authorised affidavit taker authorised to administer oath or affirmation
- 25 Signature and oath requirements—deponent
- 26 Requirements of authorised affidavit taker
- 27 Jurat
- 28 Affidavit by illiterate, blind or cognitively impaired person
- 28A Inability to comply with requirements—admission into evidence
- 28B Audio visual procedures do not limit other duties and obligations
- 29 Minor non-compliance does not affect validity
PART 4--STATUTORY DECLARATIONS
- 29A Electronic signatures and initials
- 30 Statutory declarations made in Victoria
- 30A Requirements if statutory declaration made or witnessed by audio visual link or in electronic form
- 30B Audio visual procedures do not limit other duties and obligations
- 31 Offence to take statutory declaration if not statutory declaration witness and offence to purport to be statutory declaration witness
- 32 Provision of assistance to person making statutory declaration
- 33 Statutory declarations made out of Victoria
- 34 Reasonable modifications may be made
- 35 Statutory declaration by illiterate, blind or cognitively impaired person
- 36 Offence to make false statutory declaration
- 37 False or misleading statement as to making of statutory declaration
- 38 Minor non-compliance does not affect validity
PART 5--CERTIFICATION
Division 1--Authorised certifiers
Division 2--Scheme for certification of copies of original documents
- 40 Application
- 41 Process for certifying copies of documents
- 42 Process for certifying copy of a certified copy
- 43 Multiple page documents
- 44 Documents in languages other than English
- 45 Minor non-compliance does not affect validity
Division 3--General certification offences
- 46 Application
- 47 Offence to present false copy of a document for certification
- 48 Offence to certify certain copies of documents
- 49 False or misleading statement as to certification of copy of document
PART 6--GENERAL
- 50 Perjury to make false statement by oath, affirmation or affidavit
- 51 Infringement offences
- 52 Regulations
PART 7--TRANSITIONAL PROVISIONS, REPEALS AND CONSEQUENTIAL AMENDMENTS
Division 1--Repeals and transitional provisions
- 53 Administration of oaths and affirmations
- 54 Oaths affirmations affidavits declarations
--Divisions 1, 2, 3, 4, 5, 6, 9, 10 and 11 of Part IV of the Evidence (Miscellaneous Provisions) Act 1958 are repealed.
- 55 Attestations verifications acknowledgements notarial Acts etc.
- 56 Persons making wilful false statements on oath, declaration etc. guilty of perjury
- 57 Abolition of extra-judicial oaths
- 58 Form of oath and affirmation and affirmations in writing
- 60 Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021
