Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 (WA)

Western Australia

Oaths, Affidavits and Statutory Declarations

(Consequential Provisions) Act 2005

Western Australia

Oaths, Affidavits and Statutory Declarations

(Consequential Provisions) Act 2005

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Repeals
3.	Declarations and Attestations Act 1913 repealed	3
4.	Imperial Acts repealed	3
Part 3 — *Constitution Act 1889*

amended

5.	The Act amended in this Part	5
6.	Section 22 amended	5
7.	Schedule E replaced	5
Schedule E — Oath and affirmation of office
Part 4 — *Constitution Acts*

Amendment Act 1899 amended

8.	The Act amended in this Part	7
9.	Section 43 amended	7
10.	Section 44A amended	7
11.	Section 45 inserted	8

45. Oath of office for members of Executive

Council

12.

Schedule VI inserted

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Contents

Schedule VI — Oaths and affirmations of office

Division 1 — Holders of principal executive offices

and for Parliamentary Secretaries

Division 2 — Members of the Executive Council

Part 5 — Children’s Court of Western

Australia Act 1988 amended

13.	The Act amended in this Part	10
14.	Section 12 amended	10
15.	Section 18 amended	10
16.	Schedule 1 replaced	11
Schedule 1 — Oath and affirmation of office
Part 6 — *District Court of Western*

Australia Act 1969 amended

17.	The Act amended in this Part	12
18.	Section 11 amended	12
19.	Section 27 amended	12
20.	Schedule replaced	13
Schedule 1 — Oath and affirmation of office
Part 7 — *Family Court Act 1997*

amended

21.	The Act amended in this Part	14
22.	Section 13 replaced	14

13.

Oath of office

23.	Section 22 amended	14
24.	Schedule 1 replaced	15
Schedule 1 — Oath and affirmation of office
Part 8 — *Magistrates Court Act 2004*

amended

25.	The Act amended in this Part	16
26.	Schedule 3 replaced	16

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Contents

Schedule 3 — Oath and affirmation of office

Part 9 — Supreme Court Act 1935

amended

27.	The Act amended in this Part	17
28.	Section 4 amended	17
29.	Section 9 amended	17
30.	Section 11 amended	17
31.	Section 11AA amended	17
32.	Section 11A amended	17
33.	Section 13 inserted	18

13.

Oath of office

34.	Section 49 amended	18
35.	Sections 175, 176 and 177 repealed	18
36.	Second Schedule replaced	18
Second Schedule — Oath and affirmation of office
Part 10 — *State Administrative*

Tribunal Act 2004 amended

37.	The Act amended in this Part	19
38.	Section 142A inserted	19

142A.

Oath of office

39.	Schedule 2 inserted	20
Schedule 2 — Oath and affirmation of office
Part 11 — *The Criminal Code*

amended

40.	The Criminal Code amended in this Part	21
41.	Section 169 replaced	21

169.

False statements on oath

42.

Section 170 replaced

170.

False information to officials etc.

Part 12 — Evidence Act 1906

amended

43.	The Act amended in this Part	23
44.	Section 97 amended	23
45.	Sections 98, 98A, 99 and 100 repealed	23
46.	Section 100A amended	23

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Contents

47.	Section 102 amended	23
48.	Section 103 amended	24
49.	Section 104 repealed	24
50.	Section 105 inserted	24

105. Oaths, Affidavits and Statutory

Declarations Act 2005, application of

51.	Section 106 repealed	25
52.	Section 106B amended	25
53.	Section 106C amended	25
Part 13 — *Interpretation Act 1984*

amended

54.	The Act amended in this Part	26
55.	Section 5 amended	26
Part 14 — *Local Government Act 1995*

amended

56.	The Act amended in this Part	28
57.	Section 2.29 amended	28
58.	Section 2.32 amended	28
59.	Section 2.42 amended	28
Part 15 — *Mining Act 1978* amended
60.	The Act amended in this Part	29
61.	Section 144 amended	29
62.	Section 160D amended	29
Part 16 — Various Acts amended
63.	Various Acts amended	31
Schedule 1 — Amendments to various

Acts

1.	Administration Act 1903	32
2.	Adoption Act 1994	32
3.	Agricultural Practices (Disputes) Act 1995	32
4.	Bills of Sale Act 1899	32
5.	Companies (Co-operative) Act 1943	33
6.	Consumer Affairs Act 1971	33
7.	Criminal Law Amendment (Simple Offences)
Act 2004	33

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Contents

8. Education Service Providers (Full Fee Overseas

Students) Registration Act 1991

Finance Brokers Control Act 1975

10.

Juries Act 1957

11.

Justices of the Peace Act 2004

12.

Petroleum Products Pricing Act 1983

13.

Public Notaries Act 1979

14.

Prisons Act 1981

15.

Real Estate and Business Agents Act 1978

16.

Settlement Agents Act 1981

17.

Transfer of Land Act 1893

18.

Veterinary Surgeons Act 1960

Western Australia

Oaths, Affidavits and Statutory Declarations

(Consequential Provisions) Act 2005

No. 24 of 2005

An Act to —

•	repeal the *Declarations and Attestations Act 1913* and various adopted Imperial Acts; and
•	amend various Acts,

as a consequence of the enactment of the Oaths, Affidavits and

Statutory Declarations Act 2005, and for related purposes.

[Assented to 2 December 2005]

The Parliament of Western Australia enacts as follows:

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Oaths, Affidavits and Statutory Declarations

(Consequential Provisions) Act 2005.

2. Commencement

(1)

Subject to this section, this Act comes into operation on the day

on which the Oaths, Affidavits and Statutory Declarations

Act 2005 comes into operation.

(2)

If when the Oaths, Affidavits and Statutory Declarations

Act 2005 comes into operation the Mining Amendment Act 2004

section 76 has come into operation, section 61 of this Act is

repealed without coming into operation.

(3)

If when the Oaths, Affidavits and Statutory Declarations

Act 2005 comes into operation the Mining Amendment Act 2004

section 82 has not come into operation, section 62 of this Act

comes into operation immediately after section 82 of that Act

comes into operation.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Repeals

Part 2

s. 3

Part 2 — Repeals

3. Declarations and Attestations Act 1913 repealed

The Declarations and Attestations Act 1913 is repealed.

4. Imperial Acts repealed

(1)	The following Imperial Acts are repealed in so far as they are part of the law of Western Australia —

(a)	[An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise Departments of His Majesty’s Revenue, and to substitute Declarations in lieu thereof.]

1 & 2 William IV c. 4 [Adopted by Imperial Acts Adopting Act 1836];

(b)	[An Act to allow Quakers and Moravians to make Affirmation in all cases where an Oath is or shall be required.]

3 & 4 William IV c. 49 [Adopted by Imperial Acts Adopting Act 1844];

(c)	[An Act for permitting Affirmation to be made instead of an Oath in certain Cases.]

1 & 2 Victoria c. 77 [Adopted by Imperial Acts Adopting Act 1844];

(d)	[An Act to remove Doubts as to the Validity of certain Oaths.]

1 & 2 Victoria c. 105 [Adopted by Imperial Acts Adopting Act 1844].

(2)	In respect of each Imperial enactment referred to in subsection (1), the Interpretation Act 1984 Part V applies as if a reference in that Part to the repeal of a written law or to the

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 2	Repeals
s. 4

repeal of an enactment were a reference to the repeal of the

Imperial enactment.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Constitution Act 1889 amended

Part 3

s. 5

Part 3 — Constitution Act 1889 amended

5. The Act amended in this Part

The amendments in this Part are to the Constitution Act 1889*.

[* Reprinted as at 3 July 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 79.]

6. Section 22 amended

Section 22 is amended as follows —

(a)	by deleting “allegiance” and inserting instead —

“ office ”;

(b)	by deleting “the” before “form” and inserting instead —

“ a ”.

7. Schedule E replaced

Schedule E is repealed and the following Schedule is inserted

instead —

“

Schedule E — Oath and affirmation of office

[s. 22]

Either —

(a)	I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005] that I will faithfully serve the people of Western Australia as a member of the *Legislative Council/Legislative Assembly.

[*Delete the inapplicable.]

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 3	Constitution Act 1889 amended
s. 7

or —

(b)

I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005] that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law and will faithfully serve the people of Western Australia as a member of the *Legislative Council/Legislative Assembly.

[*Delete the inapplicable.]

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Constitution Acts Amendment Act 1899 amended

Part 4

s. 8

Part 4 — Constitution Acts Amendment Act 1899

amended

8. The Act amended in this Part

The amendments in this Part are to the Constitution Acts

Amendment Act 1899*.

[* Reprint 12 as at 3 October 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 88-9.]

9. Section 43 amended

After section 43(3) the following subsection is inserted —

“

(4)	Before a person who accepts such an executive office performs any function of the office, he is to take before the Governor, or some person authorised for the purpose by the Governor, the oath or affirmation set out in Division 1 of Schedule VI.

”.

10. Section 44A amended

After section 44A(5) the following subsection is inserted —

“

(6)	Before a person who is appointed to be a Parliamentary Secretary performs any function of the office, he is to take before the Governor, or some person authorised for the purpose by the Governor, the oath or affirmation set out in Division 1 of Schedule VI.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 4	Constitution Acts Amendment Act 1899 amended
s. 11

11. Section 45 inserted

After section 44A the following section is inserted —

“

45. Oath of office for members of Executive Council

The form of the oath or affirmation of office for a

person who has been appointed to be a member of the

Executive Council is that set out in Division 2 of

Schedule VI.

”.

12. Schedule VI inserted

After Schedule V the following Schedule is inserted —

“

Schedule VI — Oaths and affirmations of office

[s. 43(4), 44A(6) & 45]

Division 1 — Holders of principal executive offices and for

Parliamentary Secretaries

I, [name], [insert an oath or affirmation according to the

Oaths, Affidavits and Statutory Declarations Act 2005] that

I will faithfully serve the people of Western Australia in the

office of [title of office].

Division 2 — Members of the Executive Council

I, [name], [insert an oath or affirmation according to the

Oaths, Affidavits and Statutory Declarations Act 2005] —

that I will faithfully serve the people of Western Australia as a member of the Executive Council;

that as and when required to do so I will freely give my advice as such a member to the Governor, or the person performing the functions of the Governor,

for the good management of the public affairs of

Western Australia;

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Constitution Acts Amendment Act 1899 amended	Part 4
s. 12

and that I will not, directly or indirectly, reveal any matters that come before the Council and that I am required by the Council to keep secret.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 5	Children’s Court of Western Australia Act 1988 amended
s. 13

Part 5 — Children’s Court of Western Australia

Act 1988 amended

13. The Act amended in this Part

The amendments in this Part are to the Children’s Court of

Western Australia Act 1988*.

[* Reprint 3 as at 10 September 2004.]

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 63.]

14. Section 12 amended

(1)	Section 12(1) is repealed and the following subsection is inserted instead —

“

(1)	Before a person who is appointed to be a Judge, or a magistrate, of the Court performs any function of the office, he or she shall take before the Governor, a
Supreme Court Judge, or some person authorised for the purpose by the Governor, an oath or affirmation in the form set out in Schedule 1.

”.

(2)

Section 12(1a)(a) is amended by deleting “allegiance and a

judicial oath or affirmation” and inserting instead —

“ office in respect of that office of judge ”.

15. Section 18 amended

Section 18(2) is repealed.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Children’s Court of Western Australia Act 1988 amended	Part 5
s. 16

16. Schedule 1 replaced

Schedule 1 is repealed and the following schedule is inserted

instead —

“

Schedule 1 — Oath and affirmation of office

[s. 12(1)]

I, [name], [insert an oath or affirmation according to the

Oaths, Affidavits and Statutory Declarations Act 2005] that

I will faithfully serve the people and the State of Western

Australia in the office of [title of office] of the Children’s

Court of Western Australia and I will do right to all manner

of people, according to law, without fear or favour, affection

or ill will.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 6

District Court of Western Australia Act 1969 amended

Part 6 — District Court of Western Australia Act 1969

amended

17. The Act amended in this Part

The amendments in this Part are to the District Court of Western

Australia Act 1969*.

[* Reprinted as at 19 January 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 127.]

18. Section 11 amended

Section 11(2) is repealed and the following subsection is

inserted instead —

“

(2)

Before a person who is appointed to be a District Court

Judge, an acting District Court Judge, an auxiliary

District Court Judge, or a commissioner of the Court,

performs any function of the office, he or she shall take

before the Governor, a Supreme Court Judge, or some

person authorised for the purpose by the Governor, an

oath or affirmation in the form set out in Schedule 1.

”.

19. Section 27 amended

(1)

Section 27(2) is repealed.

(2)

Section 27(3) is amended by deleting “Sections 174, 176 and

177” and inserting instead —

“ Section 174 ”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

District Court of Western Australia Act 1969 amended	Part 6
s. 20

20. Schedule replaced

The Schedule is repealed and the following schedule is inserted

instead —

“

Schedule 1 — Oath and affirmation of office

[s. 11(2)]

I, [name], [insert an oath or affirmation according to the

Oaths, Affidavits and Statutory Declarations Act 2005] that

I will faithfully serve the people and the State of Western

Australia in the office of [title of office] of the District Court

of Western Australia and I will do right to all manner of

people, according to law, without fear or favour, affection or

ill will.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 7	Family Court Act 1997 amended
s. 21

Part 7 — Family Court Act 1997 amended

21. The Act amended in this Part

The amendments in this Part are to the Family Court Act 1997*.

[* Reprint 1 as at 15 August 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 155-6.]

22. Section 13 replaced

Section 13 is repealed and the following section is inserted

instead —

“

13. Oath of office

Before a person who is appointed to be a Judge

performs any function of the office, he or she shall take

before the Governor, a Supreme Court Judge, or some

person authorised for the purpose by the Governor, an

oath or affirmation in the form set out in Schedule 1.

”.

23. Section 22 amended

Section 22(4) is repealed and the following subsection is

inserted instead —

“

(4)

Before a person who is appointed to be an acting Judge performs any function of the office, he or she shall take before the Governor, a Supreme Court Judge, or some

person authorised for the purpose by the Governor to

do so, an oath or affirmation in the form set out in

Schedule 1.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Family Court Act 1997 amended	Part 7
s. 24

24. Schedule 1 replaced

Schedule 1 is repealed and the following schedule is inserted

instead —

“

Schedule 1 — Oath and affirmation of office

[s. 13 & 22(4)]

I, [name], [insert an oath or affirmation according to the

Oaths, Affidavits and Statutory Declarations Act 2005] that

I will faithfully serve the people and the State of Western

Australia in the office of [title of office] of the Family Court

of Western Australia and I will do right to all manner of

people, according to law, without fear or favour, affection or

ill will.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 8	Magistrates Court Act 2004 amended
s. 25

Part 8 — Magistrates Court Act 2004 amended

25. The Act amended in this Part

The amendments in this Part are to the Magistrates Court

Act 2004*.

[* Act No. 47 of 2004.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 269.]

26. Schedule 3 replaced

Schedule 3 is repealed and the following schedule is inserted

instead —

“

Schedule 3 — Oath and affirmation of office

[Sch. 1 cl. 4]

I, [name], [insert an oath or affirmation according to the

Oaths, Affidavits and Statutory Declarations Act 2005] that

I will faithfully serve the people and the State of Western

Australia in the office of a magistrate [or acting magistrate]

of the Magistrates Court and I will do right to all manner of

people, according to law, without fear or favour, affection or

ill will.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Supreme Court Act 1935 amended	Part 9
s. 27

Part 9 — Supreme Court Act 1935 amended

27. The Act amended in this Part

The amendments in this Part are to the Supreme Court

Act 1935*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 445.]

28. Section 4 amended

Section 4(1) is amended by deleting the definition of “Oath”.

29. Section 9 amended

Section 9(2) is repealed.

30. Section 11 amended

Section 11(1a) is repealed.

31. Section 11AA amended

Section 11AA(4) is amended as follows:

(a)	by inserting after paragraph (a) —

“ and ”;

(b)	by deleting paragraph (b) and “and” after it.

32. Section 11A amended

Section 11A(4) is repealed.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 9	Supreme Court Act 1935 amended
s. 33

33. Section 13 inserted

After section 12 the following section is inserted —

“

13. Oath of office

Before a person who is appointed to an office referred

to in section 6(3), or to the office of judge of appeal,

Chief Justice or President, performs any function of the

office, he or she shall take before the Governor, or

some person authorised for the purpose by the

Governor, an oath or affirmation in the form set out in

the Second Schedule.

”.

34. Section 49 amended

Section 49(1a) is repealed.

35. Sections 175, 176 and 177 repealed

Sections 175, 176 and 177 are repealed.

36. Second Schedule replaced

The Second Schedule is repealed and the following schedule is

inserted instead —

“

Second Schedule — Oath and affirmation of office

[s. 13]

I, [name], [insert an oath or affirmation according to the

Oaths, Affidavits and Statutory Declarations Act 2005] that

I will faithfully serve the people and the State of Western

Australia in the office of [title of office] of the Supreme

Court of Western Australia and I will do right to all manner

of people, according to law, without fear or favour, affection

or ill will.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

State Administrative Tribunal Act 2004 amended

Part 10

s. 37

Part 10 — State Administrative Tribunal Act 2004

amended

37. The Act amended in this Part

The amendments in this Part are to State Administrative

Tribunal Act 2004*.

[* Act No. 54 of 2004.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 427.]

38. Section 142A inserted

After section 142 the following section is inserted —

“

142A.

Oath of office

Before a person who is appointed under this Part to any

of the following offices performs any function of the

office, he or she must take before the Governor, or

some person authorised for the purpose by the

Governor, an oath or affirmation in the form set out in

Schedule 2.

Offices

President

Acting President

Supplementary President

Deputy President

Acting Deputy President

Supplementary Deputy President

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 10	State Administrative Tribunal Act 2004 amended
s. 39

39. Schedule 2 inserted

After Schedule 1 the following Schedule is inserted —

“

Schedule 2 — Oath and affirmation of office

[s. 142A]

I, [name], [insert an oath or affirmation according to the

Oaths, Affidavits and Statutory Declarations Act 2005] that

I will faithfully serve the people and the State of Western

Australia in the office of [title of office] of the State

Administrative Tribunal and I will do right to all manner of

people, according to law, without fear or favour, affection or

ill will.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

The Criminal Code amended

Part 11

s. 40

Part 11 — The Criminal Code amended

40. The Criminal Code amended in this Part

The amendments in this Part are to The Criminal Code*.

[* Reprint 11 as at 3 September 2004 (see the Schedule to the

Criminal Code Act 1913 appearing as Appendix B to the

Criminal Code Compilation Act 1913).

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 110-11.]

41. Section 169 replaced

Section 169 is repealed and the following section is inserted

instead —

“

169. False statements on oath

(1)

Any person who, when under oath or any sanction that

may be lawfully substituted for an oath, knowingly

makes a statement, whether orally or in writing, that is

false in a material particular is guilty of a crime and is

liable to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 3 years

and a fine of $36 000.

(2)

Any person who knowingly makes a statement that is

false in a material particular in a statutory declaration is

guilty of a crime and is liable to imprisonment for

5 years.

Summary conviction penalty: imprisonment for 2 years

and a fine of $24 000.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 11	The Criminal Code amended
s. 42

42. Section 170 replaced

Section 170 is repealed and the following section is inserted

instead —

“

170. False information to officials etc.

(1)

Any person who, being required under a written law to

give information, whether orally or in writing, to

another person, knowingly gives information to the

other person that is false in a material particular is

guilty of a crime and is liable to imprisonment for

3 years.

Summary conviction penalty: imprisonment for

18 months and a fine of $18 000.

(2)	Subsection (1) does not apply if the person is required to give the information on oath or in a statutory declaration.

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Evidence Act 1906 amended

Part 12

s. 43

Part 12 — Evidence Act 1906 amended

43. The Act amended in this Part

The amendments in this Part are to the Evidence Act 1906*.

[* Reprint 12 as at 10 October 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 151.]

44. Section 97 amended

Section 97(3) and (4) are repealed and the following subsection

is inserted instead —

“

(3)

The form of oath for a witness is as follows —

I [insert an oath or affirmation according to the Oaths,

Affidavits and Statutory Declarations Act 2005] that

the evidence I will give in this case will be the truth,

the whole truth and nothing but the truth.

”.

45. Sections 98, 98A, 99 and 100 repealed

Sections 98, 98A, 99 and 100 are repealed.

46. Section 100A amended

(1)

Section 100A(1) is amended by deleting “solemn”.

(2)

Section 100A(2) is amended by deleting “solemn” in the

2 places where it occurs.

47. Section 102 amended

(1)	Section 102(1) is repealed and the following subsection is inserted instead —

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 12	Evidence Act 1906 amended
s. 48

“

(1)

If a person is called to act as an interpreter in any court,

or before any person acting judicially, and that person,

had he or she been tendered as a witness, would have

been required to take an oath or make an affirmation,

he or she shall be required to take an oath or

affirmation as follows —

I [insert an oath or affirmation according to the Oaths,

Affidavits and Statutory Declarations Act 2005] that I

will well and truly translate any evidence that I am

asked to translate in this case.

”.

(2)

Section 102(2) is amended by deleting “or made a solemn

affirmation or declaration” and inserting instead —

“ or made an affirmation ”.

48. Section 103 amended

Section 103(1) is amended by deleting “a solemn” and inserting

instead —

“ an ”.

49. Section 104 repealed

Section 104 is repealed.

50. Section 105 inserted

After section 104A the following section is inserted —

“

105. Oaths, Affidavits and Statutory Declarations Act 2005, application of

This Act does not limit the operation of the Oaths,

Affidavits and Statutory Declarations Act 2005 and in

particular Part 2 of that Act.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Evidence Act 1906 amended

Part 12

”.

51. Section 106 repealed

Section 106 is repealed.

52. Section 106B amended

(1)	Section 106B(1) is amended by deleting “under section 97(3) or after making a solemn affirmation under section 97(4)” and inserting instead —
“ or after making an affirmation ”.
(2)	Section 106B(2) is amended by deleting “a solemn” and inserting instead —
“ an ”.

53. Section 106C amended

Section 106C is amended by deleting “a solemn” and inserting

instead —

“ an ”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 13	Interpretation Act 1984 amended
s. 54

Part 13 — Interpretation Act 1984 amended

54. The Act amended in this Part

The amendments in this Part are to the Interpretation Act 1984*.

[* Reprint 4 as at 6 February 2004.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 222.]

55. Section 5 amended

Section 5 is amended as follows:

(a)	by deleting the definition of “affidavit” and inserting instead —

“

“affidavit” means an affidavit made in accordance

with the Oaths, Affidavits and Statutory commencement of that Act in accordance with law;

”;

(b)	by deleting the definition of “oath” and inserting instead —

“

“oath” means an oath or affirmation taken or made in

accordance with the Oaths, Affidavits and before the commencement of that Act in accordance with law;

”;

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Interpretation Act 1984

Part 13

s. 55

(c)	by deleting the definition of “statutory declaration” and inserting instead —

“

“statutory declaration” means a statutory declaration made in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005 or made before

the commencement of that Act in accordance with

law;

”;

(d)	by deleting the definition of “swear” and inserting instead —

“

“swear” includes to affirm;

”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 14	Local Government Act 1995 amended
s. 56

Part 14 — Local Government Act 1995 amended

56. The Act amended in this Part

The amendments in this Part are to the Local Government

Act 1995*.

[* Reprint 2 as at 2 April 2004.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 266.]

57. Section 2.29 amended

(1)

Section 2.29(1) is amended by deleting “take an oath or

affirmation of allegiance and”.

(2)

Section 2.29(3) is amended by deleting “An oath, affirmation or

declaration” and inserting instead —

“ A declaration ”.

58. Section 2.32 amended

Section 2.32(c) is amended by deleting “take the oath or

affirmation, and make the declaration,” and inserting instead —

“ make the declaration ”.

59. Section 2.42 amended

Section 2.42(1) is amended by deleting “taken an oath or

affirmation of allegiance and”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Mining Act 1978 amended

Part 15

s. 60

Part 15 — Mining Act 1978 amended

60. The Act amended in this Part

The amendments in this Part are to the Mining Act 1978*.

[* Reprinted as at 7 September 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 294-5.]

61. Section 144 amended

Section 144 is amended as follows:

(a)	by deleting paragraph (a) and inserting the following paragraph instead —

“

(a)	any person who, under the Oaths, Affidavits and Statutory Declarations Act 2005, is an authorised witness for an affidavit;

”;

(b)	by inserting after paragraph (c) —

“ or ”;

(c)	by deleting paragraph (d) and “or” after it.

62. Section 160D amended

Section 160D is amended as follows:

(a)	by deleting paragraph (a) and inserting the following paragraph instead —

“

(a)	any person who, under the Oaths, Affidavits and Statutory Declarations Act 2005, is an authorised witness for an affidavit;

”;

(b)	by inserting after paragraph (b) —

“ or ”;

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Part 15	Mining Act 1978 amended
s. 62

(c)	by deleting paragraphs (c), (d) and (e) and “or” after paragraph (e).

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Various Acts amended

Part 16

s. 63

Part 16 — Various Acts amended

63. Various Acts amended

Each Act listed in Schedule 1 is amended as set out in that

Schedule below the short title of the Act.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Schedule 1	Amendments to various Acts
cl. 1

Schedule 1 — Amendments to various Acts

[s. 63]

1. Administration Act 1903

s. 54(2)

Delete “Commissioners of the Supreme Court” and insert

instead —

“ the Principal Registrar ”.

2. Adoption Act 1994

Sch. 1 cl. 2(1)(j)

Delete the paragraph and insert instead —

“

(j)	any person before whom a person may make a statutory declaration under the Oaths, Affidavits and Statutory Declarations Act 2005 or under the Statutory Declarations Act 1959 of the Commonwealth;

”.

3. Agricultural Practices (Disputes) Act 1995

Sch. 1 cl. 7(7)(c)

Delete “, affirmation or declaration required” and insert

instead —

“ or affirmation required ”.

4. Bills of Sale Act 1899

s. 8(1)

Delete “misdemeanour, and shall be punishable as if he were

guilty of an offence under section 170 of The Criminal

Code.” and insert instead —

“

crime and be liable to imprisonment for 5 years. Summary conviction penalty: Imprisonment for 2 years or a fine of $8 000.

”.

s. 9	Repeal the section.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Amendments to various Acts

Schedule 1

cl. 5.

5. Companies (Co-operative) Act 1943

s. 432

Delete “commissioner for taking affidavits in the Supreme

Court or commissioner for declarations” and insert

instead —

“ any person who may witness a statutory declaration ”.

6. Consumer Affairs Act 1971

s. 19(1a)(c)(iv)

Delete “have the authority of a commissioner for

declarations.” and insert instead —

“ may witness a statutory declaration. ”.

7. Criminal Law Amendment (Simple Offences) Act 2004

s. 2(7)	Repeal the subsection.
s. 39	Repeal the section.

8. Education Service Providers (Full Fee Overseas Students) Registration Act 1991

s. 32(2)(c)(iv)

Delete “have the authority of a commissioner for

declarations.” and insert instead —

“ may witness a statutory declaration. ”.

9. Finance Brokers Control Act 1975

s. 15(2)(c)(iv)

Delete “have the authority of a commissioner for

declarations.” and insert instead —

“ may witness a statutory declaration. ”.

10. Juries Act 1957

s. 56(2)

Delete “sworn before a commissioner for affidavits or a

Justice of the Peace and”.

11. Justices of the Peace Act 2004

Schedule 2

Delete “Act 2003” and insert instead —

“ Act 2005 ”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Schedule 1	Amendments to various Acts
cl. 12.

12. Petroleum Products Pricing Act 1983

s. 23(1)(b)(iii)

Delete “has the authority of a Commissioner for

Declarations” and insert instead —

“ may witness a statutory declaration ”.

13. Public Notaries Act 1979

s. 13

Delete “some Commissioner duly appointed to take

affidavits therein” and insert instead —

“

a person prescribed for the purpose by rules made

under section 17

”.

14. Prisons Act 1981

s. 9(3)(b)(ii)

Delete “has the authority of a commissioner for

declarations.” and insert instead —

“ may witness a statutory declaration. ”.

15. Real Estate and Business Agents Act 1978

s. 15(2)(c)(iv)

Delete “have the authority of a commissioner for

declarations.” and insert instead —

“ may witness a statutory declaration. ”.

16. Settlement Agents Act 1981

s. 15(2)(c)(iv)

Delete “have the authority of a commissioner for

declarations.” and insert instead —

“ may witness a statutory declaration. ”.

Oaths, Affidavits and Statutory Declarations (Consequential Provisions)

Act 2005

Amendments to various Acts

Schedule 1

cl. 17.

17. Transfer of Land Act 1893

Second Schedule	In each Schedule, delete “(The applicant if within the State
Fourth Schedule	to sign before the Registrar or an Assistant Registrar or a
Twenty-eighth	notary public, justice of the peace, commissioner for taking
Schedule	affidavits in the Supreme Court of Western Australia or legal practitioner; if out of the State, before a notary public, justice of the peace, or a commissioner for taking affidavits in the
Supreme Court of Western Australia).” and insert instead — “

[The applicant, if in the State, to sign before the affidavit made in the State; if out of the State, to sign before any person who, under that Act, is an authorised witness for an affidavit made out of the State.]

Registrar, an Assistant Registrar or any person who,

under the Oaths, Affidavits and Statutory

”.

18. Veterinary Surgeons Act 1960

s. 16B(2)(c)(iv)

Delete “have the authority of a commissioner for

declarations.” and insert instead —

“ may witness a statutory declaration. ”.