Oaths and Affirmations Act 2018FILE/18-6a001.docx · Web view(2)If an affidavit is made by an illiterate deponent, a blind deponent or a deponent with a cognitive impairment and

Version No. 001

Oaths and Affirmations Act 2018No. 6 of 2018

Version incorporating amendments as at1 March 2019

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 13 Definitions 24 Application of this Act 55 Act binds the Crown 5

Part 2—Oaths and affirmations 6

6 Application of Part 67 Choice of oath or affirmation 68 Form of oaths and affirmations 79 Oath or affirmation to be said aloud 710 Effect on oath of religious texts and beliefs 711 Administration to multiple persons 812 Powers of courts, certain officers of courts and other persons

to administer oaths and affirmations 813 Appointment by interstate or overseas court or body to take or

receive evidence 1014 Officer must refuse to administer oath or affirmation in certain

circumstances 1115 Reasonable modifications may be made 1116 Audio and audio-visual evidence 1117 Minor non-compliance does not affect validity 12

Part 3—Affidavits 13

18 Application of Part 1319 Affidavits made in Victoria 1320 Offence to require payment of fee to take affidavit 1521 Affidavits made out of Victoria 1622 Offence to take affidavit if not authorised affidavit taker and

offence to purport to be authorised affidavit taker 1723 Prescribed form of affidavit 18

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24 Authorised affidavit taker authorised to administer oath or affirmation 18

25 Signature and oath requirements—deponent 1826 Requirements of authorised affidavit taker 1827 Jurat 1928 Affidavit by illiterate, blind or cognitively impaired person 2029 Minor non-compliance does not affect validity 21

Part 4—Statutory declarations 22

30 Statutory declarations made in Victoria 2231 Offence to take statutory declaration if not statutory

declaration witness and offence to purport to be statutory declaration witness 23

32 Provision of assistance to person making statutory declaration 2433 Statutory declarations made out of Victoria 2434 Reasonable modifications may be made 2635 Statutory declaration by illiterate, blind or cognitively

impaired person 2636 Offence to make false statutory declaration 2637 False or misleading statement as to making of statutory

declaration 2638 Minor non-compliance does not affect validity 27

Part 5—Certification 28

Division 1—Authorised certifiers 28

39 Authorised certifiers 28

Division 2—Scheme for certification of copies of original documents 28

40 Application 2841 Process for certifying copies of documents 2942 Process for certifying copy of a certified copy 2943 Multiple page documents 3044 Documents in languages other than English 3045 Minor non-compliance does not affect validity 31

Division 3—General certification offences 31

46 Application 3147 Offence to present false copy of a document for certification 3148 Offence to certify certain copies of documents 3149 False or misleading statement as to certification of copy of

document 32

Part 6—General 33

50 Perjury to make false statement by oath, affirmation or affidavit 33

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51 Infringement offences 3352 Regulations 33

Part 7—Transitional provisions, repeals and consequential amendments 36

Division 1—Repeals and transitional provisions 36

53 Administration of oaths and affirmations 3654 Oaths affirmations affidavits declarations 3655 Attestations verifications acknowledgements notarial Acts etc. 3656 Persons making wilful false statements on oath, declaration

etc. guilty of perjury 3657 Abolition of extra-judicial oaths 3658 Form of oath and affirmation and affirmations in writing 3659 Regulations dealing with transitional matters 37

Division 2—Consequential amendments to Evidence (Miscellaneous Provisions) Act 1958 38

60 Oaths affirmations affidavits declarations 3861 Heading to Part VII amended 3862 Regulations 38

Division 3—Consequential amendment of other Acts 38

63 Crimes Act 1958 3864 Constitution Act 1975 3965 Evidence Act 2008 3966 Interpretation of Legislation Act 1984 4067 Public Notaries Act 2001 4068 Further consequential amendments 40

Division 4—Repeal of amending provisions 40

69 Repeal of amending provisions 40

Schedule 1—Form of oath and affirmation 41

Schedule 2—Further consequential amendments 42

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Endnotes 73

1 General information 73

2 Table of Amendments 75

3 Amendments Not in Operation 76

4 Explanatory details 77

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Version No. 001


Version incorporating amendments as at1 March 2019

The Parliament of Victoria enacts:

Part 1—Preliminary1 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

(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.

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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;

(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;

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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;

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;

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(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;

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;

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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.

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.

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Part 2—Oaths and affirmations6 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.

Part 1—Preliminary


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8 Form of oaths and affirmations

(1) An oath may be taken or an affirmation may be made in accordance with the form of Schedule 1 or in a similar form unless the oath or affirmation is required to be in a particular form—

(a) specified by or under any other Act; or

(b) by convention or otherwise.Examples

Section 88AA of the Constitution Act 1975. Section 16(1)(c) of the Legal Profession Uniform Law (Victoria).

(2) An affirmation made in accordance with subsection (1) has the same effect for all purposes as an oath.

(3) For the purposes of subsection (1), without limiting the meaning of a similar form, in the case of a child or a person with a cognitive impairment, the following words are taken to be a similar form of oath or affirmation—

"I promise to tell the truth.".Note

Other Acts or regulations may also give a person power to administer an oath or affirmation and provide for the form or manner of the administration of an oath or affirmation.

9 Oath or affirmation to be said aloud

A person who takes an oath or makes an affirmation must say the words of the oath or affirmation aloud in the presence of the administering officer.

10 Effect on oath of religious texts and beliefs

(1) A person may use a religious text in taking an oath, but is not required to do so.

(2) A person may take an oath even if the person's religious or spiritual beliefs do not include a belief in the existence of a god.



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(3) An oath is effective even if the person who takes it does not have—

(a) a religious belief; or

(b) a religious belief of a particular kind.

(4) Despite anything to the contrary in this Act, the form of oath made by a person—

(a) need not include a reference to a god; and

(b) may instead refer to the basis of the person's beliefs.

11 Administration to multiple persons

(1) An oath may be taken or an affirmation may be made by more than one person at the same time.

(2) The words of an oath or affirmation may be altered and the process for administering the oath or affirmation adapted to enable the oath or affirmation to be administered to more than one person at the same time.

12 Powers of courts, certain officers of courts and other persons to administer oaths and affirmations

(1) The following have the power to administer an oath or affirmation—

(a) a court, tribunal, judicial officer or a person acting judicially—

(i) to any witness who is lawfully called before the court, tribunal, judicial officer or person acting judicially; or

(ii) to any interpreter in a proceeding in the court or tribunal or before a judicial officer or person acting judicially; or

(iii) to any other person required to take an oath or make an affirmation in a proceeding in the court or tribunal or



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before the judicial officer or person acting judicially;

(b) a person who is performing duties in relation to a court or tribunal;

(c) a person who is performing duties in relation to a court or tribunal who is authorised by any of the following for any purpose connected with the person's duties—

(i) the court or tribunal;

(ii) a judicial officer or a member of the tribunal;

(iii) any rules of court or orders, practice directions or practice notes regulating the procedure of the court or tribunal;

(d) a person performing duties as authorised by a person acting judicially for any purpose connected with the first person's duties;

(e) a person who is directed to take an examination in any proceeding in a court or tribunal or before a person acting judicially;

(f) a person authorised to take or receive evidence by section 13;

(g) any prescribed person or person who is a member of a prescribed class of persons.

Note

Other Acts or regulations may also give a person power to administer an oath or affirmation.

(2) A person or a person belonging to a class of persons specified by or under a specific Act or a specific statutory rule to administer an oath or affirmation in specified circumstances or in a specified manner is authorised to administer an oath or affirmation for that purpose.



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(3) A person must not administer an oath or affirmation unless—

(a) the person is authorised to do so by or under this Act or another Act or by convention; or

(b) the oath or affirmation is made in respect of a matter or thing—

(i) touching the preservation of the peace; or

(ii) touching any proceedings before the Legislative Council or Legislative Assembly or any committee of the Legislative Council or Legislative Assembly; or

(c) the oath or affirmation is required by the law of any foreign or other country out of Victoria to give validity to instruments in writing designed to be used in foreign or other countries respectively; or

(d) the oath or affirmation is for an oath of office.

13 Appointment by interstate or overseas court or body to take or receive evidence

If a judicial officer, a person acting judicially or a person who, or court or body that, is authorised under the law of a jurisdiction outside Victoria to take or receive evidence on oath or affirmation in that jurisdiction appoints a person to take or receive evidence in Victoria—

(a) if the person appointed is a court, a judicial officer or a person acting judicially, that person has the power to take or receive that evidence; or

(b) in any other case, that person only has the power to take or receive the evidence if the



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person has first obtained the consent of the Attorney-General.

14 Officer must refuse to administer oath or affirmation in certain circumstances

If it appears to an administering officer that a person taking an oath or making an affirmation is unable to understand the nature of an oath or affirmation, the officer must refuse to administer the oath or affirmation.

15 Reasonable modifications may be made

Without limiting section 14, the administering officer may make reasonable modifications to the process of taking an oath or making an affirmation if the person taking the oath or making the affirmation has a disability that prevents the person from doing so in accordance with this Part.

Examples

1 A hearing impaired person may read and sign an oath or affirmation instead of saying it aloud.

2 A person who is unable to speak may be able to listen to an oath or affirmation being read and nod assent.

16 Audio and audio-visual evidence

An oath to be taken or an affirmation to be made by a witness giving evidence by audio-visual link or audio link may be administered either—

(a) by means of the audio-visual link or audio link, in as nearly as practicable the same way as if the witness were to give evidence at the courtroom or other place where the court, tribunal or person acting judicially is sitting; or

(b) at the direction of, and on behalf of, the court, tribunal or person acting judicially at



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the remote point by a person authorised by the court, tribunal or person acting judicially.

17 Minor non-compliance does not affect validity

An oath or affirmation is not invalid merely because of an inadvertent non-compliance with a requirement imposed by this Part that does not materially affect the nature of the oath or affirmation.



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Part 3—Affidavits18 Application of Part

(1) This Part—

(a) sets out basic requirements for affidavits; and

(b) applies unless a specific requirement of any other Act is inconsistent with the requirements of this Part.

Note

More specific requirements may be found in other Acts such as the Evidence Act 2008 or in rules of court.

(2) Nothing in this Part limits or affects the powers of a court or tribunal to make rules of court in relation to affidavits.

19 Affidavits made in Victoria

(1) The following persons are authorised affidavit takers for the purpose of a person making any affidavit within Victoria for use in any court or tribunal or before a person acting judicially for any purpose or in any way authorised by law (whether by or under any Act, including a Commonwealth Act), by custom or otherwise—

(a) a judicial officer;

(b) an associate to a judicial officer;

(c) an honorary justice;

(d) the prothonotary or a deputy prothonotary of the Supreme Court;

(e) the registrar of probates or an assistant registrar of probates;



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(f) the registrar or a deputy registrar of the County Court;

(g) the principal registrar, a registrar or a deputy registrar of the Magistrates' Court;

(h) the principal registrar, a registrar or a deputy registrar of the Children's Court;

(i) the principal registrar, deputy registrar or a registrar of VCAT;

(j) the principal registrar or a registrar of the Coroners Court;

(k) a member of VCAT;

(l) a member or former member of either House of the Parliament of Victoria;

(m) a member or former member of either House of the Parliament of the Commonwealth;

(n) a public notary;

(o) an Australian legal practitioner;

(p) a police officer of or above the rank of sergeant or for the time being in charge of a police station;

(q) a person employed under Part 3 of the Public Administration Act 2004 with a prescribed classification;

(r) a senior officer of a Council as defined in the Local Government Act 1989;

(s) a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth;

(t) a fellow of the Institute of Legal Executives (Victoria) ACN 004 670 928;



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(u) a person acting judicially;

(v) any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to take affidavits;

(w) any prescribed person or person who is a member of a prescribed class of persons.

(2) A court, tribunal or person acting judicially must take judicial and official notice of the seal or signature of any person referred to in subsection (1) on, attached or appended to any affidavit.

(3) For the purpose of subsection (2), judicial and official notice of the seal or signature of the person means that there is a presumption that, unless the contrary is proved—

(a) the person signed the affidavit; and

(b) the person was an authorised affidavit taker at the time of taking the affidavit.

(4) An Australian legal practitioner is not prevented from taking any affidavit by reason only that the legal practitioner is acting for any of the parties to the proceeding, matter or instrument in respect of which the affidavit is sworn or affirmed.

(5) It is not lawful for a person to take an affidavit unless the person is authorised to do so by or under this Act or another Act or by convention.

20 Offence to require payment of fee to take affidavit

(1) Subject to subsection (2), an authorised affidavit taker referred to in section 19 must not request, require or accept the payment of a fee for—



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(a) administering an oath or affirmation for an affidavit; or

(b) signing an affidavit.

Penalty:10 penalty units.Note

Section 46 of the Honorary Justices Act 2014 provides that it is an offence for an honorary justice to demand, take or accept from any person any fee, gratuity, patronage or reward for carrying out duties under that Act.

(2) It is not an offence for a public notary to request, require or accept the payment of a fee for taking an affidavit when performing services or notarial acts which relate to documents intended solely for use outside Australia.

21 Affidavits made out of Victoria

(1) In addition to a person referred to in section 19, the following persons are authorised affidavit takers for the purpose of a person making any affidavit in any place out of Victoria for use in Victoria in any court or tribunal or before a person acting judicially for any purpose or in any way authorised by law (whether by or under any Act, including a Commonwealth Act), by custom or otherwise—

(a) an Australian consular officer exercising the officer's functions in that place;

(b) an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth;

(c) an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth;



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(d) any person having authority to administer an oath or affirmation in that place.

(2) If by any Act or subordinate instrument an affidavit is required, authorised or permitted to be administered or made before a justice of the peace or a bail justice, it is sufficient if the affidavit is made before a justice of the peace or bail justice (however described) for that place outside Victoria where the affidavit is made.

(3) A court, tribunal or person acting judicially must take judicial and official notice of the signature of any justice of the peace or bail justice for a place outside Victoria referred to in subsection (2) when that person's signature is attached or appended to any affidavit.

(4) For the purpose of subsection (3), judicial and official notice of the signature of the justice of the peace or bail justice for a place outside Victoria means that there is a presumption that, unless the contrary is proved—

(a) the justice of the peace or bail justice signed the affidavit; and

(b) the justice of the peace or bail justice was an authorised affidavit taker at the time of taking the affidavit.

22 Offence to take affidavit if not authorised affidavit taker and offence to purport to be authorised affidavit taker

(1) A person who is knowingly not an authorised affidavit taker must not take an affidavit.

Penalty: 60 penalty units or imprisonment for 6 months or both.

(2) A person who is knowingly not an authorised affidavit taker must not represent that the person is an authorised affidavit taker.



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Penalty: 10 penalty units.

23 Prescribed form of affidavit

An affidavit may be in the prescribed form.

24 Authorised affidavit taker authorised to administer oath or affirmation

(1) An authorised affidavit taker has the power to administer an oath or affirmation to a deponent for the purpose of taking an affidavit.

(2) An oath or affirmation must be administered in accordance with Part 2.

25 Signature and oath requirements—deponent

(1) Subject to section 28, the deponent of an affidavit must do the following in the presence of an authorised affidavit taker—

(a) sign or initial any alteration to the affidavit;

(b) sign each page of the affidavit;

(c) sign the affidavit;

(d) if the affidavit refers to a document, sign a certificate attached to the document identifying the document as an exhibit to the affidavit;

(e) take the oath or make the affirmation in accordance with Part 2.

(2) The deponent must swear or affirm the affidavit by saying the prescribed oath or affirmation aloud in the presence of the authorised affidavit taker, unless the deponent has a disability that prevents the deponent from doing so.

26 Requirements of authorised affidavit taker



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(1) An authorised affidavit taker before whom an affidavit is sworn or affirmed must do the following—

(a) sign or initial any alteration to the affidavit;

(b) sign each page of the affidavit;

(c) administer the oath or affirmation to the deponent in accordance with Part 2;

(d) comply with section 27.

(2) If an affidavit refers to a document, the authorised affidavit taker must attach a certificate to the document identifying the document as an exhibit to the affidavit and do the following—

(a) sign and date the certificate;

(b) write, type or stamp below the affidavit taker's signature on the certificate the details referred to in section 27(1)(c).

Note

A certificate under this subsection may be prepared or produced by a person other than the authorised affidavit taker.

(3) An authorised affidavit taker must ensure that an affidavit is dated.

(4) Part 5 does not apply to a certificate attached to an exhibit under this section.

Note

See the offence in section 126B of the Evidence (Miscellaneous Provisions) Act 1958.

27 Jurat

(1) An authorised affidavit taker before whom any affidavit is made must do the following—



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(a) state truly in the jurat at what place and on what date the affidavit was sworn or affirmed;

(b) complete and sign the jurat;

(c) legibly write, type or stamp below that affidavit taker's signature the following—

(i) the authorised affidavit taker's name and address (whether personal or professional);

(ii) a statement of the capacity in which the affidavit taker has authority to take the affidavit.

(2) The signature of an authorised affidavit taker, when appearing in any jurat to an affidavit, is prima facie evidence that the affidavit was duly sworn or affirmed—

(a) before the person purporting to have attested the affidavit in the jurat; and

(b) on the day, and in the place, attested to in the jurat.

28 Affidavit by illiterate, blind or cognitively impaired person

(1) If it appears to an authorised affidavit taker that the deponent is illiterate, blind or has a cognitive impairment, the authorised affidavit taker must certify in or below the jurat that the affidavit was read to the deponent by the authorised affidavit taker.

(2) If an affidavit is made by an illiterate deponent, a blind deponent or a deponent with a cognitive impairment and a certification in accordance with subsection (1) does not appear on the affidavit, the affidavit must not be used in evidence unless the



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court or tribunal in which, or the person acting judicially before whom, the affidavit is used is satisfied that the affidavit was read to the deponent.

Note

See also section 14.


An affidavit is not invalid merely because of an inadvertent non-compliance with a requirement imposed by this Part that does not materially affect the nature of the affidavit.



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Part 4—Statutory declarations30 Statutory declarations made in Victoria

(1) A statutory declaration must be in the prescribed form.

(2) A statutory declaration must be declared in the presence of—

(a) an authorised affidavit taker; orNote

See section 19(1) for a list of authorised affidavit takers. Refer also to the definition of authorised affidavit taker in section 3.

(b) a person authorised to take a statutory declaration by or under any other Act; or

(c) a person authorised by or under a Commonwealth Act to take a statutory declaration under that Commonwealth Act; or

(d) any other prescribed person or person who is a member of a prescribed class of persons.

(3) The person making the statutory declaration and the statutory declaration witness must do the following in the presence of each other—

(a) sign or initial any alteration to the statutory declaration;

(b) sign or initial each page of the statutory declaration;

(c) if the statutory declaration refers to a document, sign a certificate attached to the document identifying the document as an exhibit to the statutory declaration;

(d) sign and date the statutory declaration;



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(e) legibly write, type or stamp that person's name and address on the statutory declaration.

(4) The person making the statutory declaration must make an oral declaration by saying the prescribed words aloud in the presence of the statutory declaration witness, unless the person has a disability that prevents the person from doing so.

(5) The statutory declaration witness must write or stamp under that person's signature required by subsection (3)(c) and (d) that person's qualification as a statutory declaration witness.

(6) For the purposes of subsection (3)(e), the address of the statutory declaration witness may be a personal address or a professional address.

(7) Nothing in this Act prevents an Australian legal practitioner from acting as a statutory declaration witness by reason only that the Australian legal practitioner is acting or assisting any person acting for any of the parties to a proceeding or matter in respect of which the statutory declaration is made.

31 Offence to take statutory declaration if not statutory declaration witness and offence to purport to be statutory declaration witness

(1) A person who is knowingly not a statutory declaration witness must not witness a statutory declaration.

Penalty: 60 penalty units or imprisonment for 6 months or both.

(2) A person who is knowingly not a statutory declaration witness must not represent that the person is a statutory declaration witness.




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32 Provision of assistance to person making statutory declaration

(1) Subject to subsection (3), any person who assists a person to make a statutory declaration must on the face of the document legibly—

(a) write or stamp the name and address of the assistant; and

(b) explain the nature of the assistance provided to the person making the declaration.Examples

Translation assistance, assistance with writing or reading.

(2) The assistant referred to in subsection (1) may be the same person who witnesses the statutory declaration if qualified under section 30(2).

(3) Subsection (1) does not apply to a person who, in a professional capacity, prepares or writes a statutory declaration for the person's client on the client's instructions, including—

(a) an Australian legal practitioner; or

(b) a licensed conveyancer; or

(c) a person assisting another person to prepare a Victim Impact Statement.

33 Statutory declarations made out of Victoria

(1) In addition to a person referred to in section 30(2), the following persons are authorised as statutory declaration witnesses for the purpose of a person making any statutory declaration in any place out of Victoria for use in Victoria in any court or tribunal or before a person acting judicially or for any purpose or in any way authorised by law (whether by or under any Act, including a Commonwealth Act), by custom or otherwise—



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(a) an Australian consular officer exercising the officer's functions in that place;

(b) an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth;

(c) an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth;

(d) any person having authority to administer an oath or affirmation in that place.

(2) If by any Act or subordinate instrument a statutory declaration is required, authorised or permitted to be administered or made before a justice of the peace or a bail justice, it is sufficient if the statutory declaration is made before a justice of the peace or bail justice (however described) for that place outside Victoria where the statutory declaration is made.

(3) A court, tribunal or person acting judicially must take judicial and official notice of the signature of any justice of the peace or bail justice for a place outside Victoria referred to in subsection (2) when that person's signature is attached or appended to any statutory declaration.

(4) For the purpose of subsection (3), judicial and official notice of the signature of the justice of the peace or bail justice for a place outside Victoria means that there is a presumption that, unless the contrary is proved—

(a) the justice of the peace or bail justice signed the statutory declaration; and

(b) the justice of the peace or bail justice was an authorised statutory declaration witness at the time of taking the statutory declaration.



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34 Reasonable modifications may be made

The statutory declaration witness may make or permit reasonable modifications to the process of making a statutory declaration if the person making the statutory declaration has a disability that prevents the person from doing so in accordance with this Part.

Examples

A hearing impaired person may read and sign the oral declaration instead of saying it aloud. A person who is unable to speak may be able to listen to a statutory declaration being read and nod assent.

35 Statutory declaration by illiterate, blind or cognitively impaired person

Without limiting section 34, if it appears to a statutory declaration witness that the person making the statutory declaration is illiterate, blind or has a cognitive impairment, the statutory declaration witness must certify on the face of the statutory declaration that the statutory declaration was read to the person making the statutory declaration by the statutory declaration witness.

36 Offence to make false statutory declaration

A person must not make a statement in a statutory declaration that the person knows to be untrue.

Penalty: 600 penalty units or imprisonment for 5 years or both.

37 False or misleading statement as to making of statutory declaration

A person must not make a false or misleading statement, knowing that the statement is false or misleading, as to—

(a) the circumstances in which a statutory declaration or a document purporting to be a statutory declaration was made; or



26

(b) whether or not a statutory declaration or a document purporting to be a statutory declaration was made.



A statutory declaration is not invalid merely because of an inadvertent non-compliance with a requirement imposed by this Part that does not materially affect the nature of the declaration.



27

Part 5—Certification

Division 1—Authorised certifiers39 Authorised certifiers

The following persons may certify a copy of a document—

(a) an authorised affidavit taker;Note

See section 19(1) for a list of authorised affidavit takers. Refer also to the definition of authorised affidavit taker in section 3.

(b) a statutory declaration witness;Note

See section 30(2) for a list of statutory declaration witnesses. Refer also to the definition of statutory declaration witness in section 3.

(c) a person authorised or required by or under any other Act in relation to a document under that Act;

(d) any other prescribed person or member of a prescribed class of persons.

Division 2—Scheme for certification of copies of original documents

40 Application

(1) The certification scheme in this Division may be used by an authorised certifier to certify a copy of an original document as a true copy.

(2) This Division does not apply to any certification requirement of or under any other Act unless this Division is expressly applied by or under that Act.



28

(3) Without limiting subsection (2), this Division does not apply to the certification of a document—

(a) by the keeper of a register of public documents, in relation to an extract from or a copy of a document in that register; or

(b) by the holder of any other official record, in relation to an extract from or a copy of that record.

41 Process for certifying copies of documents

(1) Before certifying a copy of an original document, an authorised certifier must—

(a) inspect the original document to ensure that it is an original document; and

(b) inspect the copy to ensure it is identical to the original document.

(2) An authorised certifier may certify a copy of an original document by—

(a) legibly writing on or stamping the copy with the prescribed words; and

(b) signing and dating the copy; and

(c) legibly writing on or stamping the copy with the name, qualification and address (whether personal or professional) of the authorised certifier.

42 Process for certifying copy of a certified copy

(1) Before certifying a copy of a certified copy of an original document, an authorised certifier must—

(a) inspect the certified copy of the original document to ensure that it appears to be authentic; and

(b) inspect the copy of the certified copy of the original document to ensure it is identical to the certified copy of the original document.



29

(2) An authorised certifier may certify a copy of a certified copy of an original document by—

(a) legibly writing on or stamping the copy with the prescribed words; and

(b) signing and dating the copy of the certified copy; and

(c) legibly writing on or stamping the copy of the certified copy with the name, qualification and address (whether personal or professional) of the authorised certifier.

43 Multiple page documents

In the case of a multiple page document, an authorised certifier may certify the copy of the document and any attachments in accordance with the following procedure instead of using the process set out in section 41(2) or 42(2)—

(a) signing or initialling each page of the copy; and

(b) numbering each page of the copy; andExample

Page 1 of 26.

(c) legibly writing on or stamping the copy with the prescribed words; and

(d) signing and dating the copy; and

(e) legibly writing on or stamping the copy with the name, qualification and address (whether personal or professional) of the authorised certifier.

44 Documents in languages other than English

Nothing in this Part prevents an authorised certifier from certifying a document in a language other than English if the authorised certifier is



30

of the opinion that the copy and the original document are identical.


A certified copy is not invalid merely because of an inadvertent non-compliance with a requirement imposed by this Part that does not materially affect the nature of the certification.

Division 3—General certification offences46 Application

This Division applies to certification of copies of documents, whether under Division 2 or otherwise.

47 Offence to present false copy of a document for certification

A person must not present a document for certification as a true copy of the original document, if the person knows it is not a copy of that original document.


48 Offence to certify certain copies of documents

A person must not certify a copy of a document as a true copy of an original document if the person knows that—

(a) the purported original document is not in fact an original document; or

(b) the purported true copy is not in fact a true copy.


Note

See the definition of original document in section 3.



31

49 False or misleading statement as to certification of copy of document

A person must not make a false or misleading statement, knowing that the statement is false or misleading, as to—

(a) the circumstances in which the certification of a true copy of a document or a document purporting to be a certified true copy of a document was made; or

(b) whether or not a certified true copy of a document or a document purporting to be a certified true copy of a document was made.




32

Part 6—General50 Perjury to make false statement by oath,

affirmation or affidavit

(1) A person who intentionally makes a false statement, whether orally or in writing, under oath or affirmation or in an affidavit is liable to the penalties of perjury.Note

See section 314(2) of the Crimes Act 1958.

(2) Subsection (1) applies whether the oath, affirmation or affidavit is made under this Act, or made or required by or under any other Act, whether passed before, on or after the commencement of this section.

51 Infringement offences

(1) A police officer may serve an infringement notice on a person who the police officer has reason to believe has committed an offence against section 20(1).

(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(3) The infringement penalty for an offence against a provision referred to in subsection (1) is 1 penalty unit.

52 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) prescribing forms or information for the purposes of this Act;

(b) prescribing fees for the purposes of this Act;



33

(c) prescribing persons or classes of persons as administering officers;

(d) prescribing persons or classes of persons as authorised affidavit takers;

(e) prescribing persons or classes of persons as statutory declaration witnesses;

(f) prescribing persons or classes of persons as authorised certifiers;

(g) prescribing procedures to facilitate electronic communication of documents to which this Act applies, including but not limited to the appending of electronic signatures;

(h) prescribing procedures for the use of interpreters in relation to anything done under this Act;

(i) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstances;

(c) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;

(d) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—



34

(i) whether unconditionally or on specified conditions; and

(ii) either wholly or to any extent that is specified;

(e) impose a penalty not exceeding 20 penalty units for a contravention of the regulations.



35

Part 7—Transitional provisions, repeals and consequential amendments

Division 1—Repeals and transitional provisions53 Administration of oaths and affirmations

Section 42Y of the Evidence (Miscellaneous Provisions) Act 1958 is repealed.

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.

Part V of the Evidence (Miscellaneous Provisions) Act 1958 is repealed.

56 Persons making wilful false statements on oath, declaration etc. guilty of perjury

Section 141 of the Evidence (Miscellaneous Provisions) Act 1958 is repealed.

57 Abolition of extra-judicial oaths

Section 151 of the Evidence (Miscellaneous Provisions) Act 1958 is repealed.

58 Form of oath and affirmation and affirmations in writing

The Third Schedule to the Evidence (Miscellaneous Provisions) Act 1958 is repealed.



36

59 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act.

(2) Regulations made under this section may—

(a) have a retrospective effect to a day on or from the date that this Act receives the Royal Assent;

(b) be of limited or general application;

(c) differ according to differences in time, place or circumstances;

(d) leave any matter or thing to be decided by a specified person or specified class of persons;

(e) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

(3) Regulations made under this section have effect despite anything to the contrary—

(a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or

(b) in any subordinate instrument.

(4) This section is repealed on the second anniversary of the day on which it comes into operation.



37

Division 2—Consequential amendments to Evidence (Miscellaneous Provisions) Act 195860 Oaths affirmations affidavits declarations

For the heading to Part IV of the Evidence (Miscellaneous Provisions) Act 1958 substitute—

"Part IV—Particular affidavits".

61 Heading to Part VII amended

In the heading to Part VII of the Evidence (Miscellaneous Provisions) Act 1958 for "perjury forgery false certificates etc." substitute "relating to false documents and false certificates".

62 Regulations

In section 152(2) of the Evidence (Miscellaneous Provisions) Act 1958—

(a) paragraphs (a) and (b) are repealed;

(b) in paragraph (c) omit "other".

Division 3—Consequential amendment of other Acts

63 Crimes Act 1958

In section 314(3) of the Crimes Act 1958—

(a) for "declaration or" (where 5 times occurring) substitute "or";

(b) for "affirmation or declaration" (where twice occurring) substitute "or affirmation".



38

64 Constitution Act 1975

For the note at the foot of the Second Schedule to the Constitution Act 1975 substitute—"Note

For the forms of administering oaths and affirmations, see Part 2 of the Oaths and Affirmations Act 2018.".

65 Evidence Act 2008

(1) In section 13(3), (4) and (5) of the Evidence Act 2008, after "sworn" insert "or affirmed".

(2) In section 13(4) and (5) of the Evidence Act 2008, after "unsworn evidence" insert "or evidence that is not affirmed".

(3) After section 21(5) of the Evidence Act 2008 insert—

'(6) For the purposes of subsection (4), in the case of a child or a person with a cognitive disability, the following words are taken to be a similar form of oath or affirmation—

"I promise to tell the truth.".'

(4) In section 171(3)(a) of the Evidence Act 2008, for "124 of the Evidence Act 1958" substitute "21 of the Oaths and Affirmations Act 2018".

(5) In the heading to section 186 of the Evidence Act 2008, after "Swearing" insert "or affirming".

(6) For note 1 at the foot of section 186 of the Evidence Act 2008 substitute—

"1 Part 3 of the Oaths and Affirmations Act 2018 relates to affidavits.".



39

66 Interpretation of Legislation Act 1984

In section 38 of the Interpretation of Legislation Act 1984, for the definition of statutory declaration and solemn declaration substitute—

"statutory declaration means a statutory declaration under Part 4 of the Oaths and Affirmations Act 2018;".

67 Public Notaries Act 2001

After section 9 of the Public Notaries Act 2001 insert—

"9A Oaths and Affirmations Act 2018

Parts 2, 3 and 4 of the Oaths and Affirmations Act 2018 apply, with any necessary modification, to any notarial act.".

68 Further consequential amendments

On the coming into operation of an item in Schedule 2, each Act specified in the heading to that item is amended as set out in the item.

Division 4—Repeal of amending provisions69 Repeal of amending provisions

Divisions 2 and 3 and this Division of this Part and Schedule 2 are repealed on 1 March 2020.

Note

The repeal of these provisions does not affect the continuing operation of the amendments made by them (see section 15(1) of the Interpretation of Legislation Act 1984).



40

Schedule 1—Form of oath and affirmationSection 8

Form of oath

I swear (or promise) by Almighty God (or the person may name a god recognised by the person's religion) that [words of the oath prescribed or allowed by law].

Form of affirmation

I solemnly and sincerely declare and affirm that [words of the affirmation prescribed or allowed by law].



41

Schedule 2—Further consequential amendments

1 Administration and Probate Act 1958

1.1 In section 28(1), after "oath" insert "or by affirmation".

1.2 In section 57(1), after "sworn" insert "or affirmed".

1.3 In section 75(1), for "take declarations and affirmations" substitute "and affirmations and take statutory declarations".

1.4 In section 75(2)—

(a) after "sworn" insert "or affirmed";

(b) for "any person authorised under the Evidence (Miscellaneous Provisions) Act 1958" substitute "an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018".

2 Adoption Act 1984

2.1 After section 34(3)(a)(i) insert—

"(ia) an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth;

(ib) an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth;".

3 Agricultural and Veterinary Chemicals (Control of Use) Act 1992

3.1 In section 54B(2), after "oath" insert "or by affirmation".



42

4 Agricultural and Veterinary Chemicals (Victoria) Act 1994

4.1 In section 3(1), in paragraph (g) of the definition of instrument, after "sworn" insert "or affirmed".

5 Agricultural Industry Development Act 1990

5.1 In section 51A(2), after "or by" insert "affirmation or".

6 Ambulance Services Act 1986


7 Architects Act 1991

7.1 In section 30(d), for "affirmation and any member may administer an oath or take" substitute "by affirmation and any member may administer an oath or".

8 Associations Incorporation Reform Act 2012

8.1 In section 168, after "oath" insert "or by affirmation".

9 Audit Act 1994

9.1 In sections 6(8) and 7(3), after "oath" insert "or affirmation".

9.2 In section 11(1A), after "oath" insert "or by affirmation".

9.3 In section 11(3), after "oath" (where twice occurring) insert "or affirmation".

10 Australian Consumer Law and Fair Trading Act 2012


10.2 In sections 157(3), 158A(1) and 164(3), after "or by" insert "affirmation or".



43

11 Australian Crime Commission (State Provisions) Act 2003

11.1 In sections 24(1) and 28(1), after "oath" insert "or affirmation".

11.2 In section 30(2) and (5), after "sworn" insert "or affirmed".

12 Back to Work Act 2015


(a) after "on oath" insert "or by affirmation";

(b) after "an oath" insert "or affirmation".

12.2 In section 32(2), after "oath" insert "or affirmation".

13 Bail Act 1977

13.1 In section 8(1)(a), after "oath" insert "or by affirmation".

13.2 In section 9(3B)(b)—

(a) for subparagraph (i) substitute—

"(i) the affidavit of the surety sworn or affirmed before an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018; and";

(b) in subparagraph (ii), after "sworn" insert "or affirmed".

13.3 In section 9(3D), after "sworn" (where twice occurring) insert "or affirmed".

13.4 Section 9(4) is repealed.

13.5 In section 9(5)(a)—

(a) after "oath" insert "or affirmation";

(b) for "necessary; or" substitute "necessary.".

13.6 Section 9(5)(b) is repealed.



44


(a) after "sworn" insert "or affirmed";

(b) omit "or made a declaration of justification".

13.8 In section 18A(3) omit "or declaration".

14 Biological Control Act 1986

14.1 In section 42, for "to or take an affirmation of" substitute "or affirmation to".

15 Births, Deaths and Marriages Registration Act 1996

15.1 In section 30B(3)—

(a) for "A statutory declaration" substitute "A document that is the equivalent of a statutory declaration";

(b) for "statutory declarations" substitute "a document that is the equivalent of a statutory declaration in that place".

* * * * *

17 Catchment and Land Protection Act 1994


18 Cemeteries and Crematoria Act 2003


19 Charities Act 1978


(a) in paragraph (a), after "oaths" insert "and affirmations";

(b) in paragraph (b), after "oath" insert "or affirmation".

Sch. 2 item 16 repealed by No. 46/2018 s. 76.



45

20 Children, Youth and Families Act 2005


20.2 In section 344B(5)(a), after "sworn" insert "or affirmed".


20.4 In section 359(2)(b), after "sworn" insert "or affirmed".


20.6 In section 531(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit".


20.8 In section 539(1)(b), after "oath" insert "or affirmation".


20.10 In section 595—

(a) in subsection (1)(a), after "oath" insert "or by affirmation";

(b) in subsection (1)(c), for "declaration" substitute " statutory declaration";

(c) in subsection (3), after "affidavit or" insert "statutory".


21 Children's Services Act 1996




46

22 City of Greater Geelong Act 1993


23 City of Melbourne Act 2001


24 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995


25 Competition Policy Reform (Victoria) Act 1995


26 Confiscation Act 1997

26.1 In section 18(1)(c), after "sworn" insert "or affirmed".

26.2 In section 31D(3), after "sworn" (where twice occurring) insert "or affirmed".

26.3 In section 31D(4)(b), after "sworn" insert "or affirmed".

26.4 In section 31E(2), for "whether sworn or unsworn" substitute "even if the affidavit is not sworn or affirmed".

26.5 In sections 31E(3), 31F(1)(b)(ii), (1A)(b)(ii) and (1B)(b)(ii) and 81(2), after "sworn" insert "or affirmed".

26.6 In section 81(3), for "whether sworn or unsworn" substitute "even if the affidavit is not sworn or affirmed".




47

26.8 In section 95B(1), after "oath" insert "or affirmation".

26.9 In section 101(1), (3) and (3A), after "sworn" insert "or affirmed".

26.10 In section 109(3)(b), after "oath" insert "or affirmation".




27 Control of Weapons Act 1990


28 Conveyancers Act 2006



29 Co-operative Housing Societies Act 1958

29.1 Insert the following heading to section 58—

"Valuations of property to be made by sworn or affirmed valuators".

30 Coroners Act 2008

30.1 In the heading to section 95, after "Oath" insert "or affirmation".

30.2 In section 95, after "oath" insert "or affirmation".


(a) in paragraph (b), after "oath" insert "or affirmation";



48

(b) in paragraph (c), after "swear" insert "or affirm".

30.4 In clause 16(1)(b) and (2)(c) of Schedule 1, after "oath" insert "or affirmation".

31 Corporations (Victoria) Act 1990



32 Corrections Act 1986

32.1 In section 71G(1), after "oath or" insert "by".

32.2 In section 79K(1), after "oath" insert "or by affirmation".

33 County Court Act 1958


"Power to registrar to administer oaths and affirmations".

33.2 In section 22(1), after "depositions" insert "statutory".

33.3 For section 22(2) substitute—

"(2) Any affidavit to be used in the court must be sworn or affirmed before an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018.".

34 Credit (Administration) Act 1984


35 Crimes Act 1958




49

35.2 In section 314(3)—

(a) after "swears to" insert "or affirms";

(b) after "upon oath" insert "or by affirmation".

35.3 In sections 317(9)(a), 319E(2), 464M(2)(a), 464T(2)(a) and 464U(4)(a), after "oath" insert "or by affirmation".

35.4 At the foot of section 314(3) insert the following note—"Note

Making a false statutory declaration is a separate offence under section 36 of the Oaths and Affirmations Act 2018.".

35.5 In section 315, after "examination" insert "statutory".

35.6 In section 464V(5)(b), for "sworn or unsworn" substitute "sworn or affirmed, or unsworn or not affirmed".

35.7 In section 464W(2), after "sworn" insert "or affirmed".

35.8 In section 464W(3), for "whether sworn or unsworn" substitute "even if the affidavit is not sworn or affirmed".

35.9 In section 464W(10), after "sworn" insert "or affirmed".

35.10 In sections 464ZFAA(7), 464ZFA(1B) and 465(1), after "or by" insert "affirmation or".

35.11 In sections 464ZF(8)(c), 464ZFAAA(5)(c), 464ZFB(2)(c) and 466, after "oath" insert "or by affirmation".

35.12 In section 470(1), after "or by (where first occurring) insert "affirmation or".



50

36 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

36.1 In sections 29(4), 30A(2), 30B(2), 38ZK(3) and 38ZM(2), for "oath, whether orally or by affidavit" substitute "oath or by affirmation or by affidavit".

36.2 In section 43(2)(b), after "sworn" insert "or affirmed".

36.3 In section 65(3) omit "take an".

36.4 In section 73J(3), for "oath, whether orally or by affidavit" substitute "oath or by affirmation or by affidavit".

37 Criminal Organisations Control Act 2012


38 Criminal Procedure Act 2009

38.1 In sections 12(5), 19(2), 37(2), 68(1)(a)(i), 68(1)(b), 83(4), 84(6), 106(2)(a), 113(1), 141(2)(a)(i), 141(2)(b), 174(3) and 228(1)(a)(i), after "sworn" insert "or affirmed".

38.2 In section 49(4), after "sworn" insert ", affirmed".


(a) after "unsworn" insert ", unaffirmed";

(b) after "sworn" insert ", affirmed".

38.4 In section 331(5), after "sworn" insert "(by jurors taking an oath or making an affirmation)".

38.5 In section 397 after "sworn" insert "or affirmed".


(a) in subsection (1)(a), after "sworn" insert "or affirmed";



51

(b) in subsections (1)(c), (3) and (4), for "declaration" substitute "statutory declaration".

38.7 For item 31 of Schedule 3 substitute—

"31 An authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018.".

39 Dangerous Goods Act 1985


40 Disability Act 2006

40.1 In section 124(5), after "oath or" insert "by".

41 Domestic Animals Act 1994

41.1 In sections 76D(2), 84E(2), 84EA(3) and 84XB(2), after "oath" insert "or by affirmation".

42 Drugs, Poisons and Controlled Substances Act 1981

42.1 In section 81(1) and (1AB), after "oath" insert "or by affirmation".

42.2 In Schedule Ten, after "oath" insert "or affirmation".

43 Eastlink Project Act 2004

43.1 In section 219A(2)(c), after "sworn" insert "or affirmed".

44 Education and Training Reform Act 2006

44.1 In section 5.8.3I(2), after "oath" insert "or by affirmation".

45 Electoral Act 2002

45.1 In section 125(d), after "oath" insert "or affirmation".



52

46 Electricity Industry Act 2000


47 Electricity Safety Act 1998


48 Emerald Tourist Railway Act 1977

48.1 In section 34(1)(c) and (2), after "oath" insert "or affirmation".

48.2 In section 36(1)(c)(ii), after "sworn" insert "or affirmed".

49 Equipment (Public Safety) Act 1994


50 Estate Agents Act 1980

50.1 In section 42(6)(b), after "oath" insert "or by affirmation".

50.2 In section 70K(2), after "oath" insert "or by affirmation".

51 Evidence (Miscellaneous Provisions) Act 1958

51.1 In sections 9N(5) and 9P, after "oath" insert "or by affirmation".

52 Family Violence Protection Act 2008

52.1 In sections 27(1)(b), 43(1)(b) and (c) and 44(3), after "oath" insert "or by affirmation".

52.2 In the heading to section 51 omit "on oath,".

52.3 In section 51(a) omit "on oath or".

52.4 In the heading to section 66, after "sworn" insert "or affirmed".




53

52.6 In section 160(2), for "oath, whether oral or by affidavit" substitute "oath or by affirmation or by affidavit".

52.7 In section 203(1)(a) omit "on oath or".

53 Firearms Act 1996


54 Fire Services Property Levy Act 2012





55 First Home Owner Grant Act 2000





56 Fisheries Act 1995

56.1 In section 44(4)(b), for "a person specified in section 107A of the Evidence (Miscellaneous Provisions) Act 1958" substitute "an authorised certifier within the meaning of the Oaths and Affirmations Act 2018".

56.2 In sections 44(5), 102(9), 103(2), 126, 126A and 126B, after "oath" insert "or by affirmation".



54

57 Flora and Fauna Guarantee Act 1988



58 Forests Act 1958


58.2 In section 83(1) and (2), after "oath" insert "or by affirmation".

59 Gambling Regulation Act 2003

59.1 In section 2.5.21(2), after "oath" insert "or by affirmation".

59.2 In section 2.5.40(2)(c)(i), (e) and (g), after "sworn" (wherever occurring) insert "or affirmed".

59.3 In section 10.5.12(2), after "oath" insert "or by affirmation".

59.4 In Form 1 of Schedule 4, after "oath" insert "or by affirmation".

60 Gas Industry Act 2001


61 Gas Safety Act 1997


62 Gene Technology Act 2001

62.1 In sections 172(2) and 173(2), after "oath" insert "or by affirmation".

62.2 In section 174(4) and (7)(b), after "sworn" insert "or affirmed".



55

63 Graffiti Prevention Act 2007


64 Guardianship and Administration Act 1986


65 Health Services Act 1988

65.1 In section 147A(2), after "oath" insert "or affirmation".

66 Heritage Act 1995

66.1 In sections 150A(2), 150E(3)(a) and 155(2), after "oath" insert "or by affirmation".

67 Housing Act 1983


68 Imprisonment of Fraudulent Debtors Act 1958

68.1 In sections 4, 15 and 22(2), after "oath" (where twice occurring) insert "or by affirmation".

68.2 In sections 5(1)(b) and 16(1)(b), after "sworn" insert "or affirmed".

69 Independent Broad-based Anti-corruption Commission Act 2011


69.2 In section 132(3), for "take" substitute "witness".




56

70 Infringements Act 2006

70.1 In section 162(4)(d)(ii) omit "or declaration".

71 Inquiries Act 2014


72 Judgment Debt Recovery Act 1984


73 Judicial Commission of Victoria Act 2016

73.1 In section 3(1), in paragraph (a)(iv) of the definition of coercive power, after "oath or" insert "by".


74 Juries Act 2000

74.1 In section 6, after "juror" insert "by taking an oath or making an affirmation".

74.2 In sections 8(4)(a), 9(5)(a) and 29(4C)(a), after "oath" insert "or by affirmation".

74.3 In section 42, for "be sworn" substitute "take an oath or make an affirmation".


74.5 In section 49, for "be sworn" substitute "take an oath or make an affirmation".

74.6 In section 50(2), for "been sworn" substitute "taken an oath or made an affirmation".

74.7 In section 55(3)(c), after "juror" insert "by taking an oath or making an affirmation".



57

74.8 For section 62 substitute—

"62 Power to administer oaths and affirmations

The Juries Commissioner and each Deputy Juries Commissioner is a person duly authorised to administer oaths and affirmations under Part 3 of the Oaths and Affirmations Act 2018 and, subject to that Part, may administer any oaths and affirmations that appear to that person to be proper for the purposes of this Act.

Note

See section 12(2) of the Oaths and Affirmations Act 2018.".

74.9 In section 78B, after "oath" insert "or by affirmation".

74.10 In the heading to Schedule 3, for "Swearing" substitute "Oath or affirmation".



75 Land Act 1958

75.1 In the Sixth Schedule, after "Sworn" insert "or affirmed".

76 Land Acquisition and Compensation Act 1986

76.1 Section 97(2) is repealed.

77 Liquor Control Reform Act 1998

77.1 In section 130B(2), for "oath, whether oral or by affidavit" substitute "oath or by affirmation or by affidavit".



58

78 Livestock Disease Control Act 1994


79 Livestock Management Act 2010


80 Local Government Act 1989

80.1 In section 28A(3), after "oath" insert "or make the affirmation".

80.2 In section 29(1)(e), after "oath" insert "or affirmation".

80.3 In the heading to section 63, after "oath" insert "or affirmation".

80.4 In section 63(1)(a), after "oath" insert "or affirmation".

80.5 In section 63(1A), for "of office is to be taken by a Councillor in accordance with Division 2 of Part IV of the Evidence (Miscellaneous Provisions) Act 1958" substitute "or affirmation of office is to be taken by a Councillor in accordance with Part 2 of the Oaths and Affirmations Act 2018".


80.7 The note at the foot of section 63(2) isrepealed.

80.8 In sections 64, 69(1)(a), 70(2A)(a), 74A(5) and 81(2)(a)(ii), after "oath" insert "or affirmation".

80.9 In section 223B(2)(c), after "oath" insert"or by affirmation".



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80.10 In section 223B(3), after "oath" insert "or affirmation".

80.11 In section 223C(1)(c)(i), after "oath or" insert "make an".

80.12 In section 223CC(2)(c), after "oath" insert "or by affirmation".

80.13 In section 223CC(3), after "oath" insert "or affirmation".

80.14 In clause 4(2)(b) of Schedule 4, after "oath or" insert "by".

80.15 In clause 4(3) of Schedule 4—

(a) omit "take an";

(b) after "affirmation or" insert "witness a statutory".

80.16 In the heading to clause 8 of Schedule 4, after "sworn" insert "or affirmed".

81 Magistrates' Court Act 1989

81.1 In sections 7(5), 8(1B), 21(1)(b), 59(1) and (4), 61(2), 103(3)(b) and 126A(2), after "oath" insert "or affirmation".

81.2 In section 140(1)(la), after "oath" (where twice occurring) insert "or affirmation".



81.5 In section 134(1)(b) and (c) and (5)(b), after "sworn" insert "or affirmed".

82 Maintenance Act 1965

82.1 In sections 27(1)(a), 28(b), 33(1), (2)(b) and 41(1), after "oath" insert "or by affirmation".

83 Major Crime (Investigative Powers) Act 2004



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83.1 In section 5(6), after "sworn" (where twice occurring) insert "or affirmed".

83.2 In section 5(7)(b), after "unsworn" insert "or affirmed".

83.3 In section 5(7)(b) and (c), after "sworn" insert "or affirmed".

83.4 In section 6(2), for "sworn or unsworn" substitute "sworn or affirmed, or unsworn or not affirmed".


84 Major Sporting Events Act 2009


85 Marine (Drugs, Alcohol and Pollution Control) Act 1988

85.1 In section 27(1AA), (1A) and (1B), after "sworn" insert "or affirmed".


86 Medical Treatment Planning and Decisions Act 2016

86.1 In section 3(1), for paragraph (b) of the definition of authorised witness substitute—

"(b) an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018;".

87 Melbourne City Link Act 1995

87.1 In section 87A(2)(c), after "sworn" insert "or affirmed".

88 Mental Health Act 2014

88.1 In section 3(1), for paragraph (c) of the definition of authorised witness substitute—



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"(c) a statutory declaration witness within the meaning of the Oaths and Affirmations Act 2018;".

88.2 In sections 299(2) and 301(3), for "oath, whether orally or by affidavit," substitute "oath or by affirmation or by affidavit".

89 Mineral Resources (Sustainable Development) Act 1990

89.1 In sections 95F(2) and 100(2)(b), after "oath" insert "or by affirmation".

90 Motor Car Traders Act 1986

90.1 In section 82AI(2), after "oath" insert "or by affirmation".

91 Occupational Health and Safety Act 2004


92 Parliamentary Administration Act 2005


93 Personal Safety Intervention Orders Act 2010

93.1 In section 13(1)(b) and (c), after "oath" insert "or by affirmation".


93.3 In the heading to section 22 omit "on oath,".

93.4 In section 22(a) omit "on oath or".

93.5 In the heading to section 48, after "sworn" insert "or affirmed".




62


93.8 In section 177(1)(a) omit "on oath or".

94 Petroleum Products Subsidy Act 1965


"Power to examine on oath or by affirmation".


94.3 Section 14(2) and (3) are repealed.

95 Pharmacy Regulation Act 2010


96 Plant Biosecurity Act 2010


97 Powers of Attorney Act 2014

97.1 In section 16(4)(e), after "oath" insert "or affirmation".

97.2 For section 97(1)(b) substitute—

"(b) one person must be a person who is a statutory declaration witness within the meaning of the Oaths and Affirmations Act 2018;".

98 Professional Standards Act 2003

98.1 In section 41(2)(c), after "oath" insert "or affirmation".

99 Property Law Act 1958




63

"False oaths and affirmations made punishable".


100 Prevention of Cruelty to Animals Act 1986

100.1 In section 12AA(1), after "oath" insert "or by affirmation".

100.2 In sections 24G(2), 24K(2), 24KA(2) and 36C(1), after "oath" insert "or by affirmation".

101 Private Security Act 2004


102 Protected Disclosure Act 2012

102.1 In section 40(1)(b) and 76(2)(b), after "oath" insert "or affirmation".

103 Public Health and Wellbeing Act 2008

103.1 In section 123(6) and 134(4), for "oath, whether orally or by affidavit," substitute "oath or by affirmation or by affidavit".


103.3 In section 185F(2), after "on oath" insert "or by affirmation".

104 Public Safety Preservation Act 1958

104.1 In section 10(2), after "oath" (where three times occurring) insert "or affirmation".

105 Radiation Act 2005




64

106 Rail Safety (Local Operations) Act 2006


106.2 In section 86K(11), after "oath" insert "or affirmation".

107 Religious and Successory Trusts Act 1958

107.1 In section 15, for "ascertain that such copy is a true copy and certify thereon by writing under his hand that such is the case together with" substitute "certify that document in accordance with Part 5 of the Oaths and Affirmations Act 2018 and write".

107.2 In section 39(1), for "a person authorised under the Evidence (Miscellaneous Provisions) Act 1958 to take affidavits" substitute "an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018".

107.3 In section 54, after "oath" (where twice occurring) insert "or affirmation".

108 Research Involving Human Embryos Act 2008


109 Road Safety Act 1986

109.1 In section 48(1AC), (1A) and (1B), after "sworn" insert "or affirmed".


109.3 In sections 67(2)(c), 89B(1A)(c) and 89BA(2)(c), for "a sworn statement in writing" substitute "an affidavit".



65

109.4 In section 103M(2) and (3), after "sworn" insert "or affirmed".


110 Rooming House Operators Act 2016

110.1 In sections 59(3) and 65(2), after "on oath" insert "or by affirmation".

111 Safe Drinking Water Act 2003

111.1 In section 26E(b), after "oath" insert "or affirmation".

112 Seamen's Act 1958

112.1 In section 9, after "oath" insert "or by affirmation".

113 Seafood Safety Act 2003


114 Second-Hand Dealers and Pawnbrokers Act 1989

114.1 In sections 24(2)(b) and 26L(2), after "oath" insert "or by affirmation".

115 Sentencing Act 1991

115.1 In section 8K(2)(b), after "sworn" insert "or affirmed".

115.2 In sections 18(3)(b), 35(3)(b) and 69E(1)(b)(i), after "oath" insert "or by affirmation".

115.3 In section 69FA(b)(i), after "or by" insert "affirmation or".

115.4 The note at the foot of section 105J is repealed.

115.5 In section 105J(a) and (b), after "oath" insert "or by affirmation".



66

115.6 In section 107(5), after "oath or by" insert "affirmation or".

116 Serious Sex Offenders (Detention and Supervision) Act 2009


117 Severe Substance Dependence Treatment Act 2010


118 Sex Work Act 1994

118.1 In section 61L(2), after "oath" insert "or by affirmation".


118.3 In sections 63(2) and (2A) and 78A(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit".

119 Summary Offences Act 1966

119.1 In sections 9(1A), 29(3), 29(4)(a) and 33(2), after "oath" insert "or by affirmation".

119.2 In sections 27(1), 28(2)(b) and 41E(2), after "oath" insert "or by affirmation".

120 Supported Residential Services (Private Proprietors) Act 2010

120.1 In sections 136(2) and 137(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit".

121 Surveillance Devices Act 1999

121.1 In sections 15(5) and 20C(5), after "sworn" (where twice occurring) insert "or affirmed".

121.2 In sections 15(6)(b) and 20C(6)(b), after "sworn" insert "or affirmed".



67

121.3 In sections 16(2) and 20D(2), for "sworn or unsworn" substitute "sworn or affirmed, or unsworn or not affirmed".

121.4 In sections 17(1)(b) and 20E(1)(b), after "sworn" insert "or affirmed".


122 Surveying Act 2004

122.1 In section 4(3)(b) omit "under section 107 of the Evidence (Miscellaneous Provisions) Act 1958".

123 Taxation Administration Act 1997

123.1 In section 49A(3)(a), after "oath" insert "or by affirmation".

123.2 In section 73(4)—




124 Terrorism (Community Protection) Act 2003


124.2 In section 10(3), for "sworn or unsworn" substitute "sworn or affirmed, or unsworn or not affirmed".


124.4 In sections 13D(5), 13I(3), 13L(3), 13M(3), 21B(4), 21C(3), 21D(5) and 21E(5), after "sworn" insert "or affirmed".



68

124.5 The notes at the foot of each of sections 13D(5), 13I(3), 13L(3), 13M(3), 21B(4), 21C(3), 21D(5) and 21E(5) are repealed.

125 Tobacco Act 1987

125.1 In section 36F(2), after "oath" insert "or by affirmation".

126 Transfer of Land Act 1958

126.1 In section 116A(2)(a), after "oath" insert "or by affirmation".

127 Trustee Act 1958


128 Unclaimed Money Act 2008

128.1 In section 69(3)—




129 Unlawful Assemblies and Processions Act 1958



(a) after "oath" (where three times occurring) insert "or affirmation";

(b) for "I [A.B.] swear by Almighty God" substitute "I [insert name] [swear by Almighty God/do solemnly and sincerely affirm]".



69

129.3 In the heading to section 14, after "oath" insert "or affirmation".

129.4 In section 14, after "oath" (where twice occurring) insert "or affirmation".


(a) after "sworn" (where twice occurring) insert "or affirmed";

(b) after "oath" insert "or affirmation".

129.6 In sections 29 and 42, after "sworn" insert "or affirmed".

130 Valuation of Land Act 1960

130.1 In section 3A(3)(b), (4) and (5), after "oath" (where twice occurring) insert "or affirmation".

131 Veterinary Practice Act 1997

131.1 In sections 4(3)(b) and 8(4)(b), for "declaration under section 107 of the Evidence (Miscellaneous Provisions) Act 1958" substitute "statutory declaration".


132 Victorian Civil and Administrative Tribunal Act 1998

132.1 In section 102(3)(b), after "oath" insert "or by affirmation".


133 Victoria Police Act 2013



70

133.1 In section 45(c), after "Oath" insert "or affirmation".

133.2 In the heading to Division 1 of Part 4, after "Oath" insert "or affirmation".


133.4 In section 118(3)—


(b) after "an oath" (where twice occurring) insert "or affirmation".

133.5 In section 159(2), after "oath or" (where first occurring) insert "by".


133.7 In section 193(3)(c), after "Oath" insert "or affirmation".


134 Victorian Energy Efficiency Target Act 2007


135 Victorian Inspectorate Act 2011

135.1 In section 62(3), for "take" substitute "witness".

136 Victorian Renewable Energy Act 2006


137 Water Act 1989

137.1 In section 291E(2), after "oath" insert "or by affirmation".

138 Water Efficiency Labelling and Standards Act 2005



71


139 Wildlife Act 1975

139.1 In section 59C(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit".

140 Workplace Injury Rehabilitation and Compensation Act 2013

140.1 In section 552(3)—

(a) for "oath, and" substitute "oath or by affirmation,";


140.2 In section 558(1), after "or by" insert "affirmation or".


═══════════════



72

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 7 June 2017

Legislative Council: 21 September 2017

The long title for the Bill for this Act was "A Bill for an Act to re-enact and modernise the law relating to oaths, affirmations, affidavits and statutory declarations, to establish a scheme for the certification of copies of documents, to repeal Divisions 1 to 11 of Part IV and Part V and repeal or amend other provisions of the Evidence (Miscellaneous Provisions) Act 1958, to make consequential amendments to the Evidence Act 2008, the Constitution Act 1975, the Interpretation of Legislation Act 1984 and other Acts and for other purposes."

The Oaths and Affirmations Act 2018 was assented to on 27 February 2018 and came into operation on 1 March 2019: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in



73

http://www.legislation.vic.gov.au/

a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).



74

2 Table of AmendmentsThis publication incorporates amendments made to the Oaths and Affirmations Act 2018 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Building Amendment (Registration of Building Trades and Other Matters) Act 2018, No. 46/2018

Assent Date: 25.9.18Commencement Date: S. 76 on 26.9.18: s. 2(1)Current State: This information relates only to the provision/s

amending the Oaths and Affirmations Act 2018

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



75

3 Amendments Not in OperationThis publication does not include amendments made to the Oaths and Affirmations Act 2018 by the following Act/s.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Oaths and Affirmations Act 2018, No. 6/2018Assent Date: 27.2.18Commencement Date: Ss 59(4), 69 on 1.3.19: s. 2(2)Note: S. 69 repeals Pt 7 Divs 2–4 (ss 60–69), Sch. 2 on

1.3.20; s. 59(4) repeals s. 59 on 1.3.21Current State: This information relates only to the provision/s

amending the Oaths and Affirmations Act 2018

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

At the date of this publication, the following provisions amending the Oaths and Affirmations Act 2018 were Not in Operation:

Amending Act/s:

Oaths and Affirmations Act 2018, No. 6/2018

59 Regulations dealing with transitional matters

(4) This section is repealed on the second anniversary of the day on which it comes into operation.

69 Repeal of amending provisions

Divisions 2 and 3 and this Division of this Part and Schedule 2 are repealed on 1 March 2020.

Note

The repeal of these provisions does not affect the continuing operation of the amendments made by them (see section 15(1) of the Interpretation of Legislation Act 1984).



76

4 Explanatory detailsNo entries at date of publication.



77