Evidence and Oaths (Amendment) Act 1973 (NSW)

EVIDENCE AND OATHS (AMENDMENT) ACT.

ANNO VICESIMO SECUNDO

ELIZABETHE II REGINE

Act No. 10, 1973.

A n A c t t o m a k e fur ther p rov i s ion wi th respec t t o t he

l aw of evidence, o a t h s , aff irmations a n d affidavits;

for these a n d o t h e r p u r p o s e s t o a m e n d the

Evidence Ac t , 1898, t he O a t h s Ac t , 1900, a n d the

p 23793—8

Just ices Ac t , 1902; a n d for p u r p o s e s connec t ed

the rewi th . [Assented t o , 10th Apr i l , 1973.]

BE

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the "Evidence and Oaths

(Amendment) Act, 1973."

2.      The Evidence Act, 1898, is amended—

(a) by inserting next after section 15 the following new section : —

15A. (1 ) The service, giving or sending, pur­ suant to an Act, regulation, rule, ordinance or by-law, of a written notification, notice, order or direction may, in any legal proceeding, be proved by the oath of the person who served, gave or sent it, or by affidavit

(2 ) A person who, for the purposes of a legal proceeding, makes an affidavit referred to in subsection (1) is not, by reason of his making the affidavit, exonerated from attending for cross- examination if required so to do by a party to the

proceeding.
(b)	by inserting next after section 24 the following new section: —

24A. Judicial and official notice shall be taken

of—

(a) the fact that a person holds, or at any time held, the office of Minister of the Crown, Solicitor-General or any other office

declared

declared by the Governor by order pub­ lished in the Gazette to be an office to which this section applies; and

(b) the signature of such a person purporting to be attached or appended to a judicial or official document.

(c)	(i)	by omitting from section 26 (1) (a) the words "Colonial Secretary" and by inserting instead the words "Chief Secretary";
(ii)	by omitting from section 26 (1) the words "under the seal of the Colony duly recorded and signed by the Governor";
(iii)	by omitting from section 26 (2) the words "Colonial Secretary" and by inserting instead the words "Chief Secretary".

3 . The Oaths Act, 1900, is amended—

(a)	by inserting next after section 3 (2) the following new subsection :—
(2A) Without prejudice to the operation of sub­ section (2) the oaths prescribed in the Second and
Fourth Schedules may be taken and subscribed at any hour—

(a)	by a stipendiary magistrate—before the Chairman of the Bench of Stipendiary Magistrates or the person for the time being acting in that office; or
(b)	by a justice of the peace—before a stipendiary magistrate.

(b )

(b)	by inserting in section 9 after the word "Judges" the words ", stipendiary magistrates";
(c)	by omitting section 12 and by inserting instead the following section :—

12. Subject to sections 13 and 14, when an oath is required to be taken, any person who objects to take an oath may instead of taking such oath make a solemn affirmation in the form of such oath substituting the words "solemnly, sincerely and truly declare and affirm" for the word "swear" or for any other word or words to the like effect and omitting the words "so help me God" or any other word or words to the like effect.

(d) by inserting next after section 26A the following new section :—

26B. (1 ) In this section "foreign authority" means a court, judge, person or body authorised by the law of a place outside New South Wales to take or receive evidence in that place.

(2 ) For the purpose of proceedings (other than criminal proceedings) before a foreign authority, the foreign authority, or a person author­ ised by the foreign authority to take and receive

evidence in New South Wales, may administer an oath to a person in New South Wales for the pur­

pose of taking and receiving that evidence subject, in the case of a foreign authority that is not a court or judge, to the consent of the Chief Justice of the Supreme Court being first obtained.

(e) by inserting in section 27 (1) after the word "court" the words "or required for the purpose of registering an instrument in New South Wales";

(f)

(f)	by omitting from section 28 the words "any such commission" and by inserting instead the words "a commission issued pursuant to subsection (2 ) of
section 2 7 " ;
(g)	by inserting next after section 29 the following new sections :—

30. Where a person wilfully makes and sub­ scribes a document that purports to be, but is not, an affidavit taken and received in accordance with the requirements of section 11 A, knowing it to be untrue in a material particular not related to any requirement or formality necessary for the making of an affidavit, that person is guilty of an offence and—

(a)	upon conviction on indictment—liable to be punished as for a misdemeanour; or
(b)	upon conviction by a court of petty sessions constituted by a stipendiary magistrate— liable to a penalty not exceeding five hundred dollars or imprisonment for a term not exceeding six months.

31 . Where, on the trial of a person for false. ment purporting to be the affidavit was not taken	swearing in an affidavit, it appears that the docu-
in accordance with the requirements of section 11A but the jury is satisfied that the accused wilfully made and subscribed the document knowing it to be untrue in a material particular not related to any requirement or formality necessary for the making of an affidavit the accused may be acquitted of the offence charged and convicted of a misdemeanour.

The Justices Act, 1902, is amended by omitting from section 9 the words "oath of office required of Justices" and by inserting instead the words "oaths prescribed by the Oaths Act, 1900, for Justices".

4.

JUSTICES