Oaths Regulation 2022 (Qld)

Oaths Regulation 2022

Part 1    Preliminary

1   Short title

This regulation may be cited as the Oaths Regulation 2022.

2   Definitions

In this regulation—

officer-in-charge, of a police station, police establishment or watch-house, includes a police officer nominated by the officer-in-charge of the police station, police establishment or watch-house as the officer-in-charge of the police station, police establishment or watch-house during the officer-in-charge’s absence.

relevant affidavit means an affidavit made by a police officer in the course of the police officer’s duty.

relevant declaration means a declaration made by a police officer in the course of the police officer’s duty.

senior police officer means—

(a)an officer-in-charge of a police station, police establishment or watch-house; or

(b)a watch-house manager; or

(c)a police officer of or above the rank of sergeant.

Part 2    Matters relevant to affidavits and declarations

Division 1 General

2A   [Repealed]

2B   [Repealed]

3   Information witness must include on affidavit or declaration

For section 13E(3)(b) of the Act, if the witness to the affidavit or declaration is a person prescribed under section 4, 5B, 6 or 8, the prescribed information is the witness’s rank or position.

Division 2 Witnessing affidavits in person

4   Prescribed persons for witnessing affidavits—Act, s 16A

For section 16A(1)(e) of the Act, a senior police officer is prescribed.

5   Witnessing prescribed types of affidavits—Act, s 16A

For section 16A(2)(a) of the Act, a relevant affidavit is prescribed as the only type of affidavit that may be witnessed by a person prescribed under section 4.

5A   Prescribed condition for witnessing affidavits—Act, s 16A

(1)For section 16A(2)(a) of the Act, this section prescribes a condition for the witnessing, by a person prescribed under section 4, of a type of affidavit prescribed under section 5.

(2)The condition is that the person must not be directly involved in the matter to which the contents of the affidavit relates.

Division 3 Witnessing declarations in person

5B   Prescribed persons for witnessing declarations—Act, s 16B

For section 16B(1)(d) of the Act, a senior police officer is prescribed.

5C   Witnessing prescribed types of declarations—Act, s 16B

For section 16B(2)(a) of the Act, a relevant declaration is prescribed as the only type of declaration that may be witnessed by a person prescribed under section 5B.

5D   Prescribed condition for witnessing declarations—Act, s 16B

(1)For section 16B(2)(a) of the Act, this section prescribes a condition for the witnessing, by a person prescribed under section 5B, of a type of declaration prescribed under section 5C.

(2)The condition is that the person must not be directly involved in the matter to which the contents of the declaration relates.

Division 4 Witnessing electronically signed affidavits or declarations in person

6   Persons prescribed as witness—Act, s 16C

For section 16C(2) of the Act, a senior police officer is prescribed as a person who may witness an affidavit or declaration under that section.

7   Witnessing prescribed types of affidavits and declarations—Act, s 16C

For section 16C(3)(a) of the Act, a relevant affidavit and a relevant declaration are prescribed as the only types of documents that may be witnessed by a person prescribed under section 6.

7A   Prescribed condition—Act, s 16C

(1)For section 16C(3)(a) of the Act, this section prescribes a condition for the witnessing, by a person prescribed under section 6, of a type of affidavit or declaration prescribed under section 7.

(2)The condition is that the person must not be directly involved in the matter to which the contents of the affidavit or declaration relates.

Part 3    Matters relevant to use of audio visual links

8   Persons prescribed as witness—Act, s 31S

For section 31S(1) of the Act, a senior police officer is prescribed.

9   Prescribed types of documents—Act, s 31S

For section 31S(2)(a) of the Act, a relevant affidavit and a relevant declaration are prescribed as the only types of documents that may be witnessed by a person prescribed under section 8.

10   Prescribed conditions

(1)For section 31S(2)(a) of the Act, this section prescribes conditions for the witnessing, by a person prescribed under section 8, of a type of affidavit or declaration prescribed under section 9.

(2)The conditions are that—

(a)the person must not be directly involved in the matter to which the contents of the affidavit or declaration relates; and

(b)it is not reasonably practicable to witness the affidavit or declaration other than under section 31S of the Act.