Oaths Act 2001 (TAS)

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Oaths Act 2001

An Act to provide for the making of oaths, affidavits, declarations and affirmations

[Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Oaths Act 2001. 2CommencementThis Act commences on a day to be proclaimed. 3InterpretationIn this Act – affidavit includes – (a) any affirmation, statutory declaration or other declaration; and (b) any acknowledgment, examination or attestation; and (c) for the purpose of section 7, any deposition or statement made by an informant or a complainant; appointed person means a person appointed under section 9 to take and receive evidence; commissioner for declarations means a person referred to in section 12; consular agent means – (a) a consul-general, consul, vice-consul or consular agent; and (b) an acting consul-general, acting consul, acting vice-consul or acting consular agent; declared office means an office declared under section 8; diplomatic agent means – (a) any ambassador, envoy, high commissioner, minister, head of mission, commissioner, charge d’affaires, counsellor or secretary at any embassy, legation, high commission or commission; and (b) a trade commissioner; and (c) a person appointed to hold or act in a declared office in a country or place outside Australia; judicial authority means a judge, person, court or body authorised by the law of a place outside this State to take or receive evidence on oath in that place; oath includes an affirmation and a declaration; relevant matter includes – (a) age; and (b) the capacity to hear, understand or communicate. PART 2Affidavits4Affidavit of serviceAn affidavit of the service in this State of any process or other document to be issued out of any court may be taken before a justice. 5Attestation by justice in other jurisdictions (1)  If, under any Act, any affidavit is required to be made, or any document to be signed, before any justice, it is sufficient if the affidavit is made or document is signed before a justice in the jurisdiction in which the affidavit is made or the document is signed. (2)  The signature of any person on any affidavit or document purporting to be that of a justice in the jurisdiction in which the affidavit is made or document is signed is evidence that – (a) the person is a justice; and (b) the person signed the affidavit or document; and (c) the person has authority to take the affidavit or to attest the signature to the document. 6Oaths and affidavits before diplomatic and consular agents out of State (1)  If, under any Act, any oath, affidavit or document is required to be administered by, or made or signed before, a commissioner for taking affidavits or a justice, or if any notarial act is required to be done in any place out of…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.