Oaths (Children) Amendment Act 1985 (NSW)
OATHS (CHILDREN) AMENDMENT ACT 1985 No. 151
ANNO TRICESIMO QUARTO
ELIZABETH.^: II REGINA
Act No. 151, 1985
An Act to amend the (^aths Act 1900 in relation to the giving of evidence
by children. [Assented to. 28th November. 1985.]
Oaths (Children) Amendment 1985
BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows;
Short title
1. This Act may be cited as the “Oaths (Children) Amendment Act
1985” .
Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.
2.
Amendment of Act No. 20, 1900
3. The Oaths Act 1900 is amended in the manner set forth in
Schedule 1.
SCHEDULE 1
(Sec. 3)
AMENDMENTS TO THE OATHS ACT 1900
(1) Sections 1, 1a—
Omit section 1, insert instead;
Short title
1. This Act may be cited as the “Oaths Act 1900”
Commencement
1a. This Act shall commence on 1 January 1901.
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AMENDMENTS TO THE OATHS ACT \9 m — continued
(2) Part VI—
After Part V, insert:
PART VI
DECLARATIONS BY CHILDREN
Interpretation
32. In this Part—
“child” means a person under the age of 12 years.
Child may make declaration instead of oath
33. (1) This section applies to a child where the child—
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| (c) is required or desires to make an affidavit or deposition. |
(2) Where—
| (a) | a court, justice of the peace or person authorised to administer an oath is satisfied that, having regard to the child’s age and any other matter which the court, justice of the peace or person thinks relevant, a child is not competent to take an oath but that— |
(i) the child is of sufficient intelligence to justify the reception of evidence from the child or the making of a statement, affidavit or deposition by the child; and
(ii) the child understands the duty of speaking the truth before the court, justice of the peace or person; and
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| SCHEDULE | 1— continued |
AMENDMENTS TO THE OATHS ACT \9QQ— continued
| (b) | the court, justice of the peace or person states that it, he or she is satisfied as to the matters referred to in paragraph (a) (i) and (ii), |
the court, justice of the peace or person may receive the evidence or allow the statement, affidavit or deposition upon the child’s making, instead of an oath, a declaration in, or to the effect of, the form of the Tenth Schedule as if the evidence were given or the statement, affidavit or deposition were made upon oath.
Manner of making declaration
34. A declaration made by a child under section 33 is sufficiently
made if the child gives an affirmative response when asked whether
he or she makes the promise specified in the Tenth Schedule.
False statements
35. (1) A child who, having made a declaration under section 33,
wilfully—
| (a) | gives any false evidence before the court, justice of the peace or person to whom the declaration was made; or |
| (b) | makes a false statement in the information, complaint, proceeding, affidavit or deposition in respect of which the declaration was made. |
knowing the evidence or statement to be false, shall be deemed to be guilty of perjury if the giving of the evidence or the making of the statement, had it been upon oath, would by law have been perjury.
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(2) No prosecution for an offence referred to in subsection (1) shall
be commenced without the sanction of the Attorney General.
(3) Tenth Schedule—
After the Ninth Schedule, insert:
TENTH SCHEDULE
(Sec. 33)
DECLARATION
| I, | , promise to tell the truth at all times in this court/ |
document {Omit whichever inapplicable).
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