Oaths Act (NT)
NORTHERN TERRITORY OF AUSTRALIA
OATHS ACT
As in force at 1 July 2010
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2010
OATHS act
An Act relating to oaths, affirmations, declarations and attestations
This Act may be cited as the
In this Act, unless the contrary intention appears:
(a) ambassador;
(b) high commissioner;
(c) minister;
(d) head of mission;
(e) commissioner;
(f) charge d’affaires;
(g) counsellor, secretary or attache at an embassy, high commissioner’s office, legation or other post;
(h) consul-general;
(i) consul;
(j) vice-consul;
(k) trade commissioner; and
(l) consular agent.
(1) The oath of allegiance shall be in accordance with the form in Schedule 2.
(2) The affirmation of allegiance shall be in accordance with the form in Schedule 2A.
Any person may make an affirmation in lieu of taking any oath.
(1) Every affirmation shall commence
I, do solemnly, sincerely and truly affirm and shall proceed in the same words as the oath required or permitted by law under the same circumstances, omitting all words of imprecation or calling to witness, and the attestation of any affirmation in writing may be in the same words as the jurat of an affidavit substituting the wordaffirmed for the wordsworn .(2) A person making an affirmation before a Court shall be addressed by an officer in accordance with the form in Schedule 7 and shall thereupon speak the words
I do or otherwise signify his or her assent.
Every person authorized to administer an oath shall have authority to take an affirmation.
If any person declines or neglects to take any oath or affirmation required to be taken by him under any law for the time being in force in the Territory, he shall, if he has already entered on the office in relation to which the oath or affirmation is required, vacate that office, and, if he has not entered on that office, he shall be disqualified from entering on it, but a person shall not be compelled in respect of the same appointment to the same office to take an oath or make an affirmation more than once.
Except as expressly required by some law in force in the Territory, a person shall not be required or authorized to take the oath of allegiance or any oath substituted for that oath or to make any affirmation or declaration to the like effect of that oath.
Any affidavit required for the purposes of any proceeding or matter before any Court may be sworn in any place in the Territory before a Justice or a Commissioner for Oaths.
Judicial and official notice shall be taken of the signature of a person before whom an affidavit may be sworn if the signature is contained in or subscribed to an affidavit purporting to be sworn before that person.
(1) Any person who wilfully makes any false statement in any affidavit shall be guilty of a crime.
Penalty: Imprisonment for 4 years.
(2) Any person who wilfully takes any affidavit, not being lawfully authorized to do so, shall be guilty of an offence.
Penalty: $2,000 or imprisonment for 12 months.
(1) The following persons, by virtue of their office or position, are Commissioners for Oaths:
(a) a member of the Legislative Assembly;
(b) a member of either house of the Parliament of the Commonwealth elected to represent the Territory or a constituency in the Territory;
(c) a legal practitioner;
(e) a member of the Police Force who has attained the age of 18 years.
(2) The Minister may appoint a person to be a Commissioner for Oaths for such period, not exceeding 5 years, as is specified in the notice.
(3) The Minister may, at any time, in his absolute discretion, terminate an appointment under subsection (2).
(1) A Commissioner for Oaths may:
(a) administer an oath;
(b) take an affidavit; or
(c) attest the execution of an instrument,
for the purposes of a law in force in the Territory.
(2) After witnessing the signing of a document or attesting the execution of an instrument, Commissioners for Oaths shall legibly write, type or stamp their name and contact address or telephone number below their own signature.
Judicial notice shall be taken of the signature of a Commissioner for Oaths if it is contained in or subscribed to:
(a) an affidavit purporting to be sworn before that Commissioner; or
(b) an instrument containing a signature purporting to be attested by that Commissioner.
A Commissioner for Oaths shall not knowingly:
(a) administer an oath;
(b) take an affidavit; or
(c) attest the execution of an instrument,
where that activity may confer, or have the effect of conferring, on the Commissioner or the Commissioner’s employer a direct or indirect benefit by way of the abandonment of a legal right or interest to which the person making the oath or affidavit or attesting the execution of the instrument would otherwise be entitled.
(1) Subject to this Act, and unless the person to whom it is proposed to administer an oath requests that the oath be administered in some other manner, an oath, whether in judicial proceedings or otherwise, shall be administered and taken in the manner provided in this section.
(2) The person taking the oath shall, standing up, hold a copy of the Bible, or the New Testament or the Old Testament in his hand and, after an oath in accordance with the form in Schedule 5 has been tendered by the officer administering it, shall utter the words
So help me God! :Provided that no such oath shall be deemed to be illegal or invalid by reason of any breach of this section.
(1) A person may, if the person so desires, make a statutory declaration in relation to any matter.
(2) Subject to subsection (3) a statutory declaration may be used:
(a) for the purposes of a law in force in the Territory;
(b) in connection with a matter arising under any such law;
(c) in connection with the administration of an Agency, within the meaning of the
Public Sector Employment and Management Act ; or(d) in connection with a commercial transaction in the Territory.
(3) Subsection (2) does not authorize a statutory declaration to be used as evidence in a judicial proceeding but nothing in this section prevents a statutory declaration from being so used.
(1) A statutory declaration may be in accordance with the form in Schedule 8 and shall:
(a) contain an acknowledgement that it is true in every particular and a statement to the effect that the person making a false declaration is guilty of an offence; and
(b) be signed by the person making it in the presence of a person who has attained the age of 18 years.
(2) After witnessing the signing of a statutory declaration, the person by whom it is witnessed shall legibly write, type or stamp their name and contact address or telephone number below their own signature.
(1) A person may make a statutory declaration by audio tape, video-tape or other audio-visual recording means.
(2) A recorded declaration must include a statement by the person making the declaration that it is true in every particular and that the person is aware that making a false declaration is an offence.
(3) A recorded declaration must be witnessed by a person who has attained the age of 18 years.
(4) A person who witnesses a recorded declaration:
(a) if an audio-visual recording – must appear on the recording at the conclusion of the declaration and state:
(i) that he or she witnessed the recording of the declaration in full or the making of the statement under subsection (2) (as the case may be); and
(ii) his or her name and contact address or telephone number; or
(b) if an audio recording – must state on the recording at the conclusion of the declaration:
(i) that he or she witnessed the recording of the declaration in full or the making of the statement under subsection (2) (as the case may be); and
(ii) his or her name and contact address or telephone number.
(5) A person who tampers with a recorded declaration, or edits the recording in a manner that gives a false or misleading impression, is guilty of an offence.
Penalty: 20 penalty units or imprisonment for 12 months.
(1) A person may make an unattested declaration in relation to a matter for which a law in force in the Territory or an agreement, custom or practice authorizes or permits an unattested declaration to be made.
(2) An unattested declaration may be made in accordance with the form in Schedule 10 and shall contain an acknowledgement that it is true in every particular and a statement to the effect that a person making a false declaration is guilty of an offence.
A person who makes a statutory declaration or an unattested declaration may identify anything referred to in that declaration by attaching to the thing to be identified an annexation clause made in accordance with the form in Schedule 9 and, in the case of a statutory declaration, signed by the person before whom the declaration is made.
A person shall not make a false statement in a statutory declaration or unattested declaration.
Penalty: $2,000 or imprisonment for 12 months.
Notwithstanding anything in this Act or any other law for the time being in force in the Territory:
(a) an oath, whether in judicial proceedings or otherwise, may be administered and taken in any form and in any manner which would have been lawful if this Act had not been made;
(b) every such oath shall be binding for all purposes if it is administered and taken in any form and in any manner which the person taking it declares to be binding; and
(c) where any such oath has been administered and taken, the fact that the person taking it had not at the time any religious belief shall not for any purpose affect the legality or validity of the oath.
(1) Where a person called as a witness in a Court or before a justice or other person authorized to administer an oath appears to the Court, Justice or person authorized to be incapable of comprehending the nature of an oath or of understanding the meaning of an affirmation, the Court, Justice or person authorized may, if satisfied that the person called as a witness:
(a) has attained the age of 14 years and understands that he will be liable to punishment if the evidence is false; or
(b) has not attained the age of 14 years and is capable of giving an intelligible account of his experience,
receive the evidence of that person with the same consequences as if an oath had been administered in the ordinary manner.
(2) Nothing in subsection (1) shall affect or be deemed to affect in any way the operation of any law or rule of law or practice relating to the corroboration of evidence.
(3) Subsections (1) and (2) extend and apply mutatis mutandis to interpreters called to interpret in a proceedings in a court or before a justice or other person authorized to administer an oath.
Any person who, having made an affirmation, wilfully gives false evidence before any Court or makes any false statement in any information, complaint, proceeding, affidavit or deposition, knowing the evidence or statement to be false, shall be guilty of a crime.
Penalty: Imprisonment for 4 years.
(1) Any oath or affidavit required for the purpose of any Court or matter in the Territory may be taken or made, in any place out of the Territory, before:
(a) a Commissioner for Affidavits (by whatever name called) empowered and authorized to act in that place;
(b) a British or Australian diplomatic or consular agent exercising his function in that place;
(c) any person having authority to administer an oath in that place; or
(d) an employee of the Commonwealth or the Australian Trade Commission who is authorised to administer an oath or receive an affirmation under section 3(c) or (d) of the
Consular Fees Act 1995 of the Commonwealth by the Secretary of the Commonwealth Department primarily responsible for foreign affairs.
(2) Judicial and official notice may be taken:
(a) of the signature or seal of a Commissioner or agent referred to in subsection (1)(a) or (b);
(ab) of the signature or seal of a person referred to in subsection (1)(c) who has authority to administer an oath if the person purports to have the authority otherwise than by the law of a foreign country not under the dominion of Her Majesty;
(ac) of the signature or seal of a person authorised in accordance with subsection (1)(d); and
(b) of the fact that any particular place is under the dominion of Her Majesty.
(3) In the case of a person purporting to have authority to administer an oath by the law of a foreign country not under the dominion of Her Majesty, the authority may be verified by any of the persons mentioned in subsection (1)(a) or (b), or by the certificate of the superior court of such place, and, if the authority purports to be so verified, the oath or affidavit may be admitted or received without further proof of the signature or seal, or the judicial, official or other character of such first-mentioned person.
(1) Any oath or affidavit required to be made by any member of a fighting force, for the purpose of any court or matter in the Territory, may be taken or made in any place out of the Territory before any officer of any naval, military or air force of any part of Her Majesty’s dominions who holds a rank not below the following, namely:
(a) in the case of a naval officer, lieutenant;
(b) in the case of a military officer, captain;
(c) in the case of an officer of an air force, flight-lieutenant,
or before any person having the authority to administer an oath in the Territory.
(2) An officer administering an oath or taking an affidavit by virtue of the powers conferred by this section shall state in the jurat or attestation to the oath or affidavit:
(a) the date on which the oath or affidavit is taken or sworn; and
(b) the full name and rank of the officer.
(3) An apparently genuine signature purporting to be the signature of a person administering an oath or taking an affidavit, and purporting to be the signature of an officer of a naval, military or air force of any part of Her Majesty’s dominions who holds a rank not below that specified in subsection (1), may be deemed to be the signature of such an officer unless the contrary is shown.
(4) In this section:
a reference to
Her Majesty’s dominions applies to and includes a territory administered by Her Majesty under a Trusteeship Agreement and a protectorate and a protected State over which Her Majesty extends protection, as though that territory, protectorate or protected State were part of Her Majesty’s dominions.member of a fighting force includes any person who is a member of a naval, military or air force of any country, and any person who, as a representative or employee of any charitable, religious or other organization for promoting the welfare of members of any such force, is attached to any such force.
(1) Sections 27 and 27A shall, so far as applicable, extend to every attestation, verification, acknowledgment or signature in relation to any document required, authorized or permitted by or under any law or by custom or otherwise to be attested, verified, acknowledged or signed, and to the doing of all notarial acts as if those sections had been re-enacted in this section, excluding words relating to the administration of oaths and the taking of affidavits and substituting therefor words relating to attestation, verification, acknowledgment or signature, as the case may be.
(2) This section applies to documents required, authorized or permitted by or under the
Land Title Act .
The Administrator may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act,
and in particular providing for the issuing of certificates of appointment of Commissioners for Oaths.
section 5
I, do swear that I will be faithful and bear true allegiance to our Sovereign Lady the Queen according to law, so
section 5(2)
I, do solemnly, sincerely and truly affirm that I will be faithful and bear true allegiance to our Sovereign Lady the
section 22
The evidence you are now about to give shall be the truth, the
section 9(2)
Do you, , solemnly, sincerely and truly affirm
STATUTORY DECLARATION
section 23C(1)
I, (1) do solemnly and sincerely declare (2)
And I make this solemn declaration by virtue of the
Declared at
the day of 19
(3)
Before me
(4)
(5)
Apersonwilfullymakingafalsestatementinastatutorydeclarationisliabletoa
______________________________________________________________NOTE: penalty of $2,000 or imprisonment for 12 months, or both.
(1) Name and address of person making the declaration
(2) Here insert the matter declared to either directly following the word “declare” or, if the matter is lengthy, insert the words “as follows” and thereafter set out the matter in numbered paragraphs
(3) Signature of the person making the declaration
(4) Signature of the person before whom the declaration is made
Nameandcontactaddressortelephonenumberofpersonbefore (5) whom the declaration is made legibly written, typed or stamped.
Thisdeclarationmaybemadebeforeanypersonwhohasattainedthe (6) age of 18 years.
ANNEXATION CLAUSE
section 23E
This is the (1) referred to in the statutory declaration [or declaration as the case requires] of (2)
Declared at
the day of 19
Before me
(3)
(4)
______________________________________________________(1) Description of thing to be identified
(2) Name and address of person making the declaration
(3) Signature of the person before whom the declaration is made
(4) In the case of a statutory declaration, the name and contact address or telephone number of person before whom the declaration is made legibly written, typed or stamped.
UNATTESTED DECLARATION
section 23D
I, (1) do solemnly and sincerely declare (2)
And I make this solemn declaration by virtue of the
Declared at
the day of 19
(3)
(1) Name and address of person making the declaration
(2) Here insert the matter declared to either directly following the word “declare” or, if the matter is lengthy, insert the words “as follows”and thereafter set out the matter in numbered paragraphs
(3) Signature of the person making the declaration.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 16 November 1939 | |||
Commenced | 16 November 1939 | |||
Assent date | 23 January 1952 | |||
Commenced | 23 January 1952 | |||
Assent date | 29 June 1953 | |||
Commenced | 29 June 1953 | |||
Assent date | 9 September 1960 | |||
Commenced | 9 September 1960 | |||
Assent date | 24 September 1965 | |||
Commenced | 24 September 1965 | |||
Assent date | 22 June 1967 | |||
Commenced | 22 June 1967 | |||
Assent date | 8 December 1970 | |||
Commenced | 8 December 1970 | |||
Assent date | 11 December 1973 | |||
Commenced | 11 December 1973 (s 12(2)) | |||
Assent date | 26 August 1974 | |||
Commenced | 11 December 1973 (s 3(2)) | |||
Assent date | 24 October 1974 | |||
Commenced | 11 December 1973 (s 3) | |||
Assent date | 28 June 1976 | |||
Commenced | ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974 | |||
Assent date | 9 December 1977 | |||
Commenced | 1 January 1978 (s 2 | |||
Assent date | 31 May 1978 | |||
Commenced | 3 November 1978 ( | |||
Assent date | 1 July 1978 | |||
Commenced | 1 July 1978 (s 8) | |||
Assent date | 24 April 1980 | |||
Commenced | 24 April 1980 | |||
Assent date | 30 March 1981 | |||
Commenced | 27 November 1981 ( | |||
Assent date | 12 February 1982 | |||
Commenced | 12 February 1982 | |||
Assent date | 14 September 1988 | |||
Commenced | 1 November 1988 ( | |||
Assent date | 13 March 1989 | |||
Commenced | 13 March 1989 | |||
Assent date | 2 October 1989 | |||
Commenced | 2 October 1989 | |||
Assent date | 26 September 1991 | |||
Commenced | 1 January 1992 (s 2, s 2 | |||
Assent date | 13 December 1993 | |||
Commenced | 29 March 1994 ( | |||
Assent date | 6 April 1994 | |||
Commenced | 1 August 1994 ( | |||
Assent date | 12 September 2000 | |||
Commenced | 1 December 2000 (s 2, s 2 | |||
Assent date | 23 October 2000 | |||
Commenced | 29 November 2000 ( | |||
Assent date | 4 November 2004 | |||
Commenced | 8 December 2004 ( | |||
Assent date | 17 May 2007 | |||
Commenced | s 10: 1 July 2007 ( | |||
Assent date | 20 May 2010 | |||
Commenced | 1 July 2010 ( | |||
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 18
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
5 LIST OF AMENDMENTS
lt amd No. 4, 1982, s 3
s 1 amd No. 4, 1982, s 3
s 2 amd No. 22, 1978, s 4; No. 4, 1982, s 3
rep No. 49, 1991, s 3
s 3 amd No. 34, 1965, s 2
rep No. 22, 1978, s 5
s 4 amd No. 13, 1953, s 2; No. 14, 1960, s 2; No. 34, 1965, s 3; No. 4, 1982, s 3; No. 39, 1988, s 4; No. 49, 1991, s 3
pt II hdg sub No. 39, 1988, s 5
s 5 amd No. 4, 1982, s 3; No. 49, 1991, s 3
s 6 amd No. 4, 1982, s 3
rep No. 49, 1991, s 3
s 7 amd No. 4, 1982, s 3; No. 39, 1988, s 6
rep No. 49, 1991, s 3
ss 8 – 10 amd No. 49, 1991, s 3
s 13 amd No. 39, 1988, s 7
s 14 amd No. 4, 1982, s 3
rep No. 39, 1988, s 8
s 15 sub No. 39, 1988, s 8
s 16 amd No. 4, 1982, s 3; No. 39, 1988, s 9; No. 49, 1991, s 3; No. 12, 2010, s 3
pt IV hdg sub No. 34, 1965, s 4
s 17 sub No. 34, 1965, s 5
amd No. 63, 1970, s 2; No. 51, 1977, s 3; No. 54, 1978, s 3; No. 4, 1982, s 3
sub No. 39, 1988, s 10
amd No. 49, 1991, s 3; No. 7, 2007, s 16
s 17A ins No. 34, 1965, s 5
rep No. 39, 1988, s 10
s 18 amd No. 34, 1965, s 6; No. 87, 1973, s 12; No. 37, 1980, s 28
sub No. 39, 1988, s 10
s 19 rep No. 34, 1965, s 7
ins No. 39, 1988, s 10
s 20 amd No. 87, 1973, s 12; No. 37, 1980, s 28
sub No. 4, 1982, s 3; No. 39, 1988, s 10
s 21 amd No. 4, 1982, s 3
rep No. 81, 1993, s 4
s 22 amd No. 4, 1982, s 3; No. 81, 1993, s 5
s 23 amd No. 4, 1982, s 3
rep No. 60, 1989, s 6
pt VA hdg ins No. 22, 1978, s 6
s 23A ins No. 22, 1978, s 6
amd No. 4, 1982, s 3; No. 81, 1993, s 6
s 23B ins No. 22, 1978, s 6
amd No. 4, 1982, s 3
rep No. 81, 1993, s 7
s 23C ins No. 22, 1978, s 6
amd No. 35, 1981, s 4; No. 4, 1982, s 3
sub No. 39, 1988, s 11
s 23CA ins No. 56, 2004, s 14
amd No. 12, 2010, s 3
s 23D ins No. 22, 1978, s 6
amd No. 4, 1982, s 3
sub No. 39, 1988, s 11
s 23E ins No. 39, 1988, s 11
s 23F ins No. 39, 1988, s 11
amd No. 12, 2010, s 3
s 24 amd No. 87, 1973, s 12; No. 37, 1980, s 28; No. 4, 1982, s 3; No. 81, 1993, s 8
s 25 amd No. 24, 1967, s 2; No. 4, 1982, s 3
rep No. 49, 1991, s 3
s 25A ins No. 24, 1967, s 3
amd No. 87, 1973, s 12; No. 4, 1982, s 3; No. 1, 1989, s 2; No. 15, 1994, s 3; No. 47, 2000, s 4
s 25B ins No. 35, 1981, s 5
rep No. 39, 1988, s 12
s 26 amd No. 49, 1991, s 3; No. 47, 2000, s 5; No. 12, 2010, s 3
s 27 amd No. 2, 1952, s 2; No. 87, 1973, s 12; No. 4, 1982, s 3; No. 39, 1988, s 13; No. 47, 2000, s 6
s 27A ins No. 14, 1960, s 3
amd No. 4, 1982, s 3
s 28 amd No. 14, 1960, s 4; No. 87, 1973, s 12; No. 4, 1982, s 3; No. 45, 2000, s 11
s 29 ins No. 39, 1988, s 14
sch hdg om No. 87, 1973, s 12
sch 1 amd No. 22, 1978, s 7; No. 4, 1982, s 3
rep No. 49, 1991, s 3
sch 2 amd No. 14, 1960, s 5; No. 87, 1973, s 12; No. 4, 1982, s 3
sch 2A ins No. 49, 1991, s 3
sch 3 amd No. 87, 1973, s 12; No. 4, 1982, s 3
rep No. 49, 1991, s 3
sch 4 amd No. 87, 1973, s 12; No. 4, 1982, s 3
rep No. 81, 1993, s 9
sch 5 amd No. 4, 1982, s 3
sub No. 81, 1993, s 9
sch 6 amd No. 4, 1983, s 3
rep No. 60, 1989, s 6
sch 7 sub No. 24, 1967, s 4
amd No. 4, 1982, s 3; No. 47, 2000, s 7
sch 8 ins No. 22, 1978, s 8
amd No. 4, 1982, s 3; No. 39, 1988, s 15; No. 12, 2010, s 3
sch 9 ins No. 22, 1978, s 8
amd No. 4, 1982, s 3; No. 39, 1988, s 16
sch 10 ins No. 39, 1988, s 17
amd No. 12, 2010, s 3
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