Oaths (Amendment) Act 1916 (NSW)

Oaths (Amendment) Act.

OATHS (AMKNDMKNT) ACT.

Act No. 5, 191(i.

An A ct to am end th e ()ath.s Act, 1900. [A ssented George v,

to, 29th March, 1910.] No. 5.

it ('nacted l)v tlic Kind’s Most Excellent Majesty, _ D liy and Avitli the advice and consent of the Legis­ lative Council and Legislative Assembly of New South "Wales in Paiiiament assembled, and by the authority ■of the same, as follows :—

1. This Act may be cited as the ‘'Oaths (Amend-siioit title,

ment) Act, 1910.”

2. Subsection two of section three of the Oaths Aet, i; i>eai.

1900, is hereby repealed, and the following subsections

substituted therefor :—

(2) The oaths prescribed in the St'cond, Third, «hom

and Eourth Schedules to this Act may l)e taken and .fu i,

subscribed at any hour—

(a)	within the State of New South "Wales before any Justice of the Higb Court of Australia or of the Supreme Court, any chairman of a court of quarter sessions, any District Court Judge, or before any justice of the peaci? Avho is authorised by writ of dedimus potestatem for that purpose; and
(b)	Avithout the said State before any Justice of the High Court of Australia or of tin; Supreme Court of any State of the Common-

Avealth of Australia, or befor(‘ any person Avho

is authorised by writ of dedimus potestatenu

for that purpose.

(:>) A AA’i'it of dedimus potestatem for the purpos(! of administering any such oath may lx; issued I'or execution in any jiart of His Majesty’s Dominions.

B ‘ 3.

Oaths (Amendment) Act.

George V, 3. Subsection two ot‘ section seven, subsection two

No. 5. of section eight, subsection two of section nine, and sub­ section two of section ten of the Oaths Act, 1900, are repealed.

The following section is inserted ne.Kt after section

eleven of tlie said A c t:—

11a . (1) Any person taking any oath on the Bible or on the New Testament, or the Old Testa­ ment, for any pur[)ose whatsoever, Avhcther in judicial prreeedings or otherwise, shall, if physically capable of doing so, bold a copy of the Bihle or Testament in his hand, but it shall not be necessary for him to kiss such copy by way of assent.

(2) The officer administering the oath may repeat the appropriate form of adjuration, and tlie person taking the oath shall thereupon, Avhile holding in his hand a copy of tlie Bible, New Testament, or Old Testament, indicate his assent to the oath so administered by uttering the Avords “ So help me. God ” ; or

(3) The person taking the oath may, Avhile holding in his hand a copy of the Bible, N cav Testament, or Old Testament, repeat the Avords of the oath as prescribed or alloAved by laAv.

Special pro­

vision as to (4) In all judicial proceedings the officer

oaths in	administering the oath shall, unless the person
judicial
proceedings.	about to take the oath voluntai’ily objects thereto, administer the oath in the form and manner set out in subsection two ; but no oath shall be deemed illegal or invalid by reason of any breach of the provisions of this section.
Proviso.	(5) Provided that any Avitness in any judicial proceeding may swear Avith up-lifted hand in the folloAving manner and form ;—

The Avitness Avith uplifted hand says— “ I swear by Almighty God as 1 shall answer to God at the Great Day of Judgment that I will speak the truth, tin; Avhole truth, and nothing but the truth.”

Furtlier

proviso. (0) Provided also that—

(a) an oath may be administered and taken in

'	any form and in any manner Avhicb Avould have been lawful if this section had not
passed; (b)

Oaths (Amendment) Act.

(b)	every oatli shall he binding for all ])ur])Osos naorge V,
for which if is adminisfered and may he No. 5.

tak(‘ii in any fonn and in any manner

which the person taking tin' saim'declar('s

to hi' binding;

(c)

when' an oath has hi'en administered and taki'ii, the fact that tin' jim'so'i taking tlii' sami' had at tlu' time! no religions helii'f shall not for any ])nrj)ose alTeet tlu' legality or validity of the oath.

4. (1) Section twenty-one of the said Act is ri'pi'aled n. iir.ii.

and the following section suhstitnti'd therefor : —

21. Anv instice of tlu? peace, notarv pnhlii', I'Mni-aiim, in ̂ ̂ cunos not

commissioner of the court for taking alllilavits, or sl.,Vin,:,ii.v

otlii'r person by law authorised to admiidster an 9Vi.,n,,.'(ms

oath, may take and rcccivi? the declaration of tiny j'tli,','.’

])crson voluntarily making the sanu; before him, in

the form or to the effect of tlie form in citlu'r the

Eighth or the Ninth Schedule to this Act.

(2) Any statutory decltirtition hcretofori' ttiken Vr.iiaati].-.

:md received before any commissioner of the court for taking allidavits shall he deemed to have been duly taken and received.

5. Si'ction twenty-six of the said Act is ri'jM'ah'd,

and the following sections are substituted therefor :—

20. Any oath declaration or affidavit I'cipiiri'd J'or U( nioMiu.m

the purpose of anv court or for the purpose of the “Uiy «.■registration or any instrument in the State of New be taken.

South Wales may he taken or made— English Act,

(a)

in anyplace in the said State before any^ and

(h) in any place out of the said State he fori' a notary public, or before any person bavin g authority to administer an oath in that place.

26a . In the case of any person having anthoi'ity judicial

by the law of any country within His Alaji'stv’s

Dominions to administer an oath, judicial and ollicial <	ertain
notice shall hi' taken of his seal or signature alfixed,

impressed, or	suhseribed to or on any oath	Ibid, subscc.
affidavit.	( 2) .

PUBLIC