Version No. 008
Oaths and Affirmations Act 2018
No. 6 of 2018
Version incorporating amendments as at
1 July 2021
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Application of this Act
5Act binds the Crown
Part 2—Oaths and affirmations
6Application of Part
7Choice of oath or affirmation
8Form of oaths and affirmations
9Oath or affirmation to be said aloud
10Effect on oath of religious texts and beliefs
11Administration to multiple persons
12Powers of courts, certain officers of courts and other persons to administer oaths and affirmations
13Appointment by interstate or overseas court or body to take or receive evidence
14Officer must refuse to administer oath or affirmation in certain circumstances
15Reasonable modifications may be made
16Audio and audio-visual evidence
17Minor non-compliance does not affect validity
Part 3—Affidavits
18Application of Part
18AElectronic signatures and initials
19Affidavits made in Victoria
20Offence to require payment of fee to take affidavit
21Affidavits made out of Victoria
22Offence to take affidavit if not authorised affidavit taker and offence to purport to be authorised affidavit taker
23Prescribed form of affidavit
24Authorised affidavit taker authorised to administer oath or affirmation
25Signature and oath requirements—deponent
26Requirements of authorised affidavit taker
27Jurat
28Affidavit by illiterate, blind or cognitively impaired person
28AInability to comply with requirements—admission into evidence
28BAudio visual procedures do not limit other duties and obligations
29Minor non-compliance does not affect validity
Part 4—Statutory declarations
29AElectronic signatures and initials
30Statutory declarations made in Victoria
30ARequirements if statutory declaration made or witnessed by audio visual link or in electronic form
30BAudio visual procedures do not limit other duties and obligations
31Offence to take statutory declaration if not statutory declaration witness and offence to purport to be statutory declaration witness
32Provision of assistance to person making statutory declaration
33Statutory declarations made out of Victoria
34Reasonable modifications may be made
35Statutory declaration by illiterate, blind or cognitively impaired person
36Offence to make false statutory declaration
37False or misleading statement as to making of statutory declaration
38Minor non-compliance does not affect validity
Part 5—Certification
Division 1—Authorised certifiers
39Authorised certifiers
Division 2—Scheme for certification of copies of original documents
40Application
41Process for certifying copies of documents
42Process for certifying copy of a certified copy
43Multiple page documents
44Documents in languages other than English
45Minor non-compliance does not affect validity
Division 3—General certification offences
46Application
47Offence to present false copy of a document for certification
48Offence to certify certain copies of documents
49False or misleading statement as to certification of copy of document
Part 6—General
50Perjury to make false statement by oath, affirmation or affidavit
51Infringement offences
52Regulations
Part 7—Transitional provisions, repeals and consequential amendments
Division 1—Repeals and transitional provisions
53Administration of oaths and affirmations
54Oaths affirmations affidavits declarations
55Attestations verifications acknowledgements notarial Acts etc.
56Persons making wilful false statements on oath, declaration etc. guilty of perjury
57Abolition of extra-judicial oaths
58Form of oath and affirmation and affirmations in writing
60Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021
Schedule 1—Form of oath and affirmation
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Endnotes
1 General…