{"id":"nsw:act-1900-020","name":"Oaths Act 1900","slug":"oaths-act-1900","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"20 of 1900","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112157,"registerId":"nsw-act-1900-020-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary\n\n**pt 1, hdg:** Am 1985 No 231, Sch 31.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Oaths Act 1900](/view/html/inforce/current/act-1900-020).\n> \n> **s 1:** Am 1937 No 35, Second Sch. Subst 1985 No 151, Sch 1 (1).","sortOrder":1},{"sectionNumber":"1A","sectionType":"section","heading":"Commencement","content":"#### 1A Commencement\n\n1A Commencement\n\n> This Act shall commence on 1 January 1901.\n> \n> **s 1A:** Ins 1985 No 151, Sch 1 (1).","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Repeals etc","content":"#### 2 Repeals etc\n\n2 Repeals etc\n\n> > (1) The Acts mentioned in the First Schedule to this Act are, to the extent therein expressed, hereby repealed.\n> \n> > (2) All rules made and notifications published under the authority of any Act hereby repealed shall be deemed to have been made and published under the authority of this Act.","sortOrder":3},{"sectionNumber":"2A","sectionType":"section","heading":"Proceedings for offences","content":"#### 2A Proceedings for offences\n\n2A Proceedings for offences\n\n> Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 13 (2), 20, 25, 25A, 29 or 30.\n> \n> **s 2A:** Ins 1995 No 22, Sch 2. Am 1996 No 83, Sch 1 (1); 1999 No 94, Sch 4.43; 2001 No 121, Sch 2.160 \\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Oaths","content":"# Part 2 Oaths\n\nPart 2 Oaths\n\n**pt 2, hdg:** Am 1985 No 231, Sch 31.","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Form and manner of taking oaths","content":"#### 3 Form and manner of taking oaths\n\n3 Form and manner of taking oaths\n\n> > (1) Where but for the passing of this Act or the Act twentieth Victoria number nine hereby repealed it would be necessary for any person—\n> > \n> > > (a) to take the oaths commonly called the Oaths of Allegiance, Supremacy, and Abjuration, or any of them, or\n> > \n> > > (b) to take the oath prescribed by the Act commonly called the Roman Catholic Relief Act, or\n> > \n> > > (c) to make the declaration prescribed by the Imperial Act ninth George the Fourth, chapter seventeen,\n> > \n> > it shall be sufficient for such person to take in lieu of the said several oaths and declaration the oath of allegiance in the form of the Second Schedule.\n> \n> > (2) The oaths prescribed in the Second, Third, and Fourth Schedules may be taken and subscribed at any hour—\n> > \n> > > (a) within the State of New South Wales before any Justice of the High Court of Australia or of the Supreme Court, any member of the Industrial Commission of New South Wales, any Judge of the District Court”, or before any justice of the peace who is authorised by writ of dedimus potestatem for that purpose, and\n> > \n> > > (b) without the said State before any Justice of the High Court of Australia or of the Supreme Court of any State of the Commonwealth of Australia, or before any person who is authorised by writ of dedimus potestatem for that purpose.\n> \n> > (2A) Without prejudice to the operation of subsection (2) the oaths prescribed in the Second and Fourth Schedules may be taken and subscribed at any hour—\n> > \n> > > (a) by a Judge of the Local Court—before the Chief Judge of the Local Court or the person for the time being acting in that office, or\n> > \n> > > (b) by a justice of the peace—before a Judge or registrar of the Local Court.\n> \n> > (3) A writ of dedimus potestatem for the purpose of administering any such oath may be issued for execution in any part of His Majesty’s Dominions.\n> \n> **s 3:** Am 1916 No 5, sec 2; 1973 No 10, sec 3 (a); 1978 No 5, sec 2; 1999 No 31, Sch 4.65 \\[1\\]; 2005 No 31, Sch 11; 2007 No 94, Sch 1.75; 2025 No 61, Sch 2.69\\[1\\]–\\[3\\].","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Oath of allegiance","content":"#### 4 Oath of allegiance\n\n4 Oath of allegiance\n\n> The form in the Second Schedule shall, subject to section 6, be the form of oath of allegiance taken by all persons liable to take the said oath.\n> \n> **s 4:** Subst 1936 No 12, sec 2 (1) (a).","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n5 Definitions\n\n> In this part of this Act—\n> \n> Oath of allegiance, where hereinafter used, means an oath in the form in the Second Schedule.\n> \n> Official oath means an oath in the form in the Third Schedule.\n> \n> Judicial oath means an oath in the form in the Fourth Schedule.\n> \n> **s 5:** Am 2006 No 6, Sch 2 \\[1\\].","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Name of Sovereign","content":"#### 6 Name of Sovereign\n\n6 Name of Sovereign\n\n> The name of the Sovereign of the United Kingdom of Great Britain and Ireland shall be substituted in the said form from time to time instead of the name of Her Majesty.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Public officers","content":"#### 7 Public officers\n\n7 Public officers\n\n> > (1) The oath of allegiance and the official oath shall be tendered to and taken by all public officers required by order of the Governor to take the same.\n> \n> > (2) (Repealed)\n> \n> **s 7:** Am 1916 No 5, sec 3.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Judges and justices of the peace","content":"#### 8 Judges and justices of the peace\n\n8 Judges and justices of the peace\n\n> > (1) The oath of allegiance and the judicial oath shall be tendered to and taken by Judges of the Supreme Court and justices of the peace.\n> \n> > (2) (Repealed)\n> \n> **s 8:** Am 1916 No 5, sec 3.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"District Court Judges and other judicial officers","content":"#### 9 District Court Judges and other judicial officers\n\n9 District Court Judges and other judicial officers\n\n> > (1) The oath of allegiance and the judicial oath shall be tendered to and taken by Judges of the District Court or the Local Court and other judicial officers who are required by order of the Governor to take the same.\n> \n> > (2) (Repealed)\n> \n> **s 9:** Am 1916 No 5, sec 3; 1973 No 10, sec 3 (b); 1999 No 31, Sch 4.65 \\[2\\]; 2025 No 61, Sch 2.69\\[4\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10 (Repealed)","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Penalty on not taking required oath","content":"#### 11 Penalty on not taking required oath\n\n11 Penalty on not taking required oath\n\n> > (1) If any such officer as aforesaid liable to take any such oath declines or neglects when the same is duly tendered to take such oath, the officer shall, if the officer has already entered on his or her office, vacate the same, and if the officer has not entered on the same be disqualified from so doing.\n> \n> > (2) But no person shall be compelled in respect of the same appointment to the same office to take such oath more than once.","sortOrder":15},{"sectionNumber":"11A","sectionType":"section","heading":"Manner of taking oath","content":"#### 11A Manner of taking oath\n\n11A Manner of taking oath\n\n> > (1) Any person taking any oath on the Bible or on the New Testament, or the Old Testament, for any purpose whatsoever, whether in judicial proceedings or otherwise, shall, if physically capable of doing so, hold a copy of the Bible or Testament in his or her hand, but it shall not be necessary for the person to kiss such copy by way of assent.\n> \n> > (2) The officer administering the oath may repeat the appropriate form of adjuration, and the person taking the oath shall thereupon, while holding in his or her hand a copy of the Bible, New Testament, or Old Testament, indicate his or her assent to the oath so administered by uttering the words “So help me, God”; or\n> \n> > (3) The person taking the oath may, while holding in his or her hand a copy of the Bible, New Testament, or Old Testament, repeat the words of the oath as prescribed or allowed by law.\n> \n> > (4) In all judicial proceedings the officer administering the oath shall, unless the person about to take the oath voluntarily objects thereto, administer the oath in the form and manner set out in subsection (2); but no oath shall be deemed illegal or invalid by reason of any breach of the provisions of this section.\n> \n> > (5) Provided that any witness in any judicial proceeding may swear with up-lifted hand in the following manner and form—\n> > \n> > > The witness with uplifted hand says—“I swear by Almighty God as I shall answer to God at the Great Day of Judgment that I will speak the truth, the whole truth, and nothing but the truth.”\n> \n> > (6) Provided also that—\n> > \n> > > (a) an oath may be administered and taken in any form and in any manner which would have been lawful if this section had not passed,\n> > \n> > > (b) every oath shall be binding for all purposes for which it is administered and may be taken in any form and in any manner which the person taking the same declares to be binding,\n> > \n> > > (c) where an oath has been administered and taken, the fact that the person taking the same had at the time no religious belief shall not for any purpose affect the legality or validity of the oath.\n> \n> **s 11A:** Ins 1916 No 5, sec 3.","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Affirmations","content":"# Part 3 Affirmations\n\nPart 3 Affirmations\n\n**pt 3, hdg:** Am 1985 No 231, Sch 31.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Affirmations","content":"#### 12 Affirmations\n\n12 Affirmations\n\n> Subject to section 13, when an oath is required to be taken, any person who objects to take an oath may instead of taking such oath make a solemn affirmation in the form of such oath substituting the words “solemnly, sincerely and truly declare and affirm” for the word “swear” or for any other word or words to the like effect and omitting the words “so help me God” or any other word or words to the like effect.\n> \n> **s 12:** Subst 1973 No 10, sec 3 (c). Am 1987 No 286, sec 4 (1) (a).","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Declaration or affirmation instead of oath","content":"#### 13 Declaration or affirmation instead of oath\n\n13 Declaration or affirmation instead of oath\n\n> > (1) Subject to the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), whenever any person—\n> > \n> > > (a) called as a witness in any Court or before any Judge or other person authorised to administer an oath, whether in a civil or criminal proceeding, or\n> > \n> > > (b) having to make a statement in any information, complaint, or proceeding in any Court or before any Judge, or\n> > \n> > > (c) required or desired to make an affidavit or deposition,\n> > \n> > objects to take an oath, or is reasonably objected to as incompetent to take an oath, or appears to such Court or Judge or person so authorised incompetent to take an oath, the person may in lieu of such oath—\n> > \n> > > (i) when so called as a witness make a declaration in the form in the Sixth Schedule, or\n> > \n> > > (ii) in any other case make a solemn affirmation in the form in the Seventh Schedule.\n> \n> > (2) Whosoever, having made such declaration or affirmation, wilfully gives any false evidence before such Court, Judge or person so authorised, or makes any false statement in such information, complaint, proceeding, affidavit, or deposition, knowing the same to be false, shall be deemed guilty of perjury if the evidence or statement, had it been on oath, would by law have been perjury.\n> \n> **s 13:** Am 1995 No 27, Sch 1; 2001 No 121, Sch 2.160 \\[2\\]; 2025 No 61, Sch 2.69\\[5\\] \\[6\\].","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14 (Repealed)","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Statutory declarations","content":"# Part 4 Statutory declarations\n\nPart 4 Statutory declarations\n\n**pt 4, hdg:** Am 1985 No 231, Sch 31.","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Declarations substituted for oaths","content":"#### 15 Declarations substituted for oaths\n\n15 Declarations substituted for oaths\n\n> In any case where by any Act relating to any of the public revenue or any public office or public department, or by any official regulation in any department, any oath or affidavit might, but for this Act, be required to be taken or made by any person—\n> \n> > (a) on the doing of any act, matter, or thing, or\n> \n> > (b) for the purpose of verifying any book, account, entry, or return, or\n> \n> > (c) for any other purpose whatsoever,\n> \n> the Governor may, by notification in the Gazette, substitute a declaration to the same effect as such oath or affidavit.","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"To be notified in Gazette","content":"#### 16 To be notified in Gazette\n\n16 To be notified in Gazette\n\n> From and after the expiration of twenty-one days next following the date of the Gazette wherein such notification is first published the provisions of this Part shall extend and apply to every case, office, or department specified in such notification.","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Oaths not to be taken thereafter","content":"#### 17 Oaths not to be taken thereafter\n\n17 Oaths not to be taken thereafter\n\n> After the expiration of the said twenty-one days it shall not be lawful for any officer or other person to administer or cause to be administered any oath or to take or cause to be taken any affidavit in lieu of which such declaration has been substituted.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Declaration, how administered","content":"#### 18 Declaration, how administered\n\n18 Declaration, how administered\n\n> > (1) Every person who but for this Act might be required to take such oath or make such affidavit shall, in the presence of the officer or person empowered by the Act or regulation imposing the same to administer such oath or take such affidavit, make and subscribe such declaration; and such officer or person is hereby empowered and required to administer such declaration accordingly.\n> \n> > (2), (3) (Repealed)\n> \n> **s 18:** Am 1900 No 20, sec 18(3); 2021 No 33, Sch 2\\[1\\].","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"This Part not to extend to certain oaths","content":"#### 19 This Part not to extend to certain oaths\n\n19 This Part not to extend to certain oaths\n\n> Nothing in this Part shall extend or apply to—\n> \n> > (a) the oath of allegiance in any case in which the same is required to be taken by any person appointed to any office, or\n> \n> > (b) any oath or affidavit taken or made or required to be taken or made in any judicial proceeding in any court of justice.","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Abolition of extra judicial oaths","content":"#### 20 Abolition of extra judicial oaths\n\n20 Abolition of extra judicial oaths\n\n> > (1) It shall not be lawful for any justice of the peace or other person to administer or cause or allow to be received any oath or affidavit touching any matter or thing whereof such justice or other person has not jurisdiction or cognisance by some Act or Imperial Act in force at the time being, and any person who does so without lawful authority is liable to imprisonment for 2 years.\n> \n> > (2) Provided that nothing in this section contained shall be construed to extend to—\n> > \n> > > (a) any oath or affidavit before any Judge in any matter or thing touching the preservation of the peace, or the prosecution, trial, or punishment of offences, or\n> > \n> > > (b) any inquiry held before any Judge of the Local Court in the nature of coroners’ inquests respecting sudden deaths, or\n> > \n> > > (c) any proceeding before either House of Parliament or a committee thereof, or\n> > \n> > > (d) any oath or affidavit required by the laws of any foreign or other country out of New South Wales to give validity to instruments in writing designed to be used in foreign or other countries respectively, or\n> > \n> > > (e) any declaration under this Part.\n> \n> **s 20:** Am 1990 No 51, Sch 2; 2001 No 121, Sch 2.160 \\[3\\] \\[4\\]; 2025 No 61, Sch 2.69\\[2\\] \\[5\\].","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Declarations in cases not specifically provided for","content":"#### 21 Declarations in cases not specifically provided for\n\n21 Declarations in cases not specifically provided for\n\n> > (1) The Registrar-General, a Deputy Registrar-General or any justice of the peace, notary public, commissioner of the court for taking affidavits, Australian legal practitioner authorised by section 27 (1) to take and receive any affidavit, a federal judicial officer, or other person by law authorised to administer an oath, may take and receive the declaration of any person voluntarily making the same before him or her, in the form or to the effect of the form in either the Eighth or the Ninth Schedule.\n> \n> > (2) Any statutory declaration taken and received prior to the commencement of the [Oaths (Amendment) Act 1916](/view/pdf/asmade/act-1916-5) before any commissioner of the court for taking affidavits, shall be deemed to have been duly taken and received.\n> \n> > (3) In this section—\n> > \n> > federal judicial officer means—\n> > \n> > > (a) a Judge of the Federal Court of Australia, or\n> > \n> > > (b) a Judge of the Federal Circuit and Family Court of Australia.\n> > \n> > > (c) (Repealed)\n> \n> **s 21:** Subst 1916 No 5, sec 4. Am 1936 No 12, sec 2 (1) (c); 1970 No 20, sec 3 (a); 2003 No 71, Sch 7 \\[1\\]; 2006 No 120, Sch 3.19 \\[1\\]; 2010 No 17, Sch 1.2; 2020 No 24, Sch 1.11\\[1\\] \\[2\\]; 2023 No 7, Sch 2.37\\[1\\].","sortOrder":29},{"sectionNumber":"21A","sectionType":"section","heading":"Penalty for taking and receiving statutory declaration without authority","content":"#### 21A Penalty for taking and receiving statutory declaration without authority\n\n21A Penalty for taking and receiving statutory declaration without authority\n\n> > (1) Any person who, not being by law authorised to take and receive a statutory declaration—\n> > \n> > > (a) falsely pretends to be so authorised, or\n> > \n> > > (b) takes and receives a statutory declaration,\n> > \n> > shall be guilty of an offence against this section.\n> \n> > (2) Any person who takes and receives a statutory declaration in any capacity in which the person is not by law authorised to act shall be guilty of an offence against this section.\n> \n> > (3) Any person who is guilty of an offence against this section shall on summary conviction before the Local Court be liable to imprisonment for a term not exceeding twelve months or to a penalty not exceeding 2 penalty units.\n> \n> **s 21A:** Ins 1936 No 12, sec 2 (1) (d). Am 1993 No 47, Sch 1; 1999 No 31, Sch 4.65 \\[3\\]; 2001 No 121, Sch 2.160 \\[5\\]; 2007 No 94, Sch 2.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Wills, deeds etc may be verified by declaration","content":"#### 22 Wills, deeds etc may be verified by declaration\n\n22 Wills, deeds etc may be verified by declaration\n\n> Any attesting witness to the execution of any will or codicil, deed, or instrument in writing, and any other competent person, may verify and prove the signing, sealing, publication, or delivery of any such will, codicil, deed, or instrument in writing by such declaration in writing made as aforesaid before such justice, notary, or officer.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Fees","content":"#### 23 Fees\n\n23 Fees\n\n> Whenever any declaration is made and subscribed by any person under or in pursuance of any of the provisions of this Part, every such fee as would have been due and payable on the taking or making of any oath or affidavit, shall be in like manner due and payable upon making and subscribing such declaration.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Form of declaration","content":"#### 24 Form of declaration\n\n24 Form of declaration\n\n> In all cases where by this Part, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration—\n> \n> > (a) is substituted in lieu of an oath or affidavit, or\n> \n> > (b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,\n> \n> such declaration, unless otherwise directed by the powers hereby given, shall be in the form, or to the effect of the form, in either the Eighth or the Ninth Schedule.","sortOrder":33},{"sectionNumber":"24A","sectionType":"section","heading":"Declarations by persons unable to read written English","content":"#### 24A Declarations by persons unable to read written English\n\n24A Declarations by persons unable to read written English\n\n> If it appears to the person before whom a statutory declaration is taken and received (the authorised person) that the person making the declaration (the deponent) is blind, illiterate or otherwise unable to read written English, the authorised person must certify, in or below the jurat—\n> \n> > (a) that the declaration was read to the deponent in the presence of the authorised person, and\n> \n> > (b) that it appeared to the authorised person that the deponent understood the declaration, and\n> \n> > (c) that the deponent subscribed the declaration (by signature or mark) in the presence of the authorised person.\n> \n> **s 24A:** Ins 2005 No 28, Sch 5.36 \\[1\\]. Am 2013 No 80, Sch 13 \\[1\\].","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"False declaration","content":"#### 25 False declaration\n\n25 False declaration\n\n> In all cases where by this Part, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration—\n> \n> > (a) is substituted in lieu of an oath or affidavit, or\n> \n> > (b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,\n> \n> any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, shall be guilty of an indictable offence and liable to imprisonment for 5 years.\n> \n> **s 25:** Am 1999 No 94, Sch 4.140 \\[1\\].","sortOrder":35},{"sectionNumber":"25A","sectionType":"section","heading":"False declaration for material benefit","content":"#### 25A False declaration for material benefit\n\n25A False declaration for material benefit\n\n> In all cases where by this Part, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration—\n> \n> > (a) is substituted in lieu of an oath or affidavit, or\n> \n> > (b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,\n> \n> any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, and who derives or attempts to derive a material benefit as a consequence of the untrue particular is guilty of an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 7 years.\n> \n> **s 25A:** Ins 1996 No 83, Sch 1 (2).","sortOrder":36},{"sectionNumber":"Part 5","sectionType":"part","heading":"Affidavits","content":"# Part 5 Affidavits\n\nPart 5 Affidavits\n\n**pt 5, hdg:** Am 1985 No 231, Sch 31.","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Before whom oaths and affidavits may be taken","content":"#### 26 Before whom oaths and affidavits may be taken\n\n26 Before whom oaths and affidavits may be taken\n\n> > (1) Any oath, declaration or affidavit required for the purpose of any court or tribunal or for the purpose of the registration of any instrument in this or any other State or Territory or the Commonwealth or for the purpose of any arbitration in this or any other State or Territory or the Commonwealth may be taken or made—\n> > \n> > > (a) in any place in this State before any justice of the peace for this State or an Australian legal practitioner, and\n> > \n> > > (b) in any country or place out of this State before a notary public, or before any person having authority to administer an oath in that country or place, and\n> > \n> > > (c) in any country or place out of this State before a British Consular Officer or an Australian Consular Officer exercising his or her functions in that country or place.\n> \n> > (1A) A person who takes and receives an oath, declaration or affidavit that is to be made by more than one person, may do so—\n> > \n> > > (a) with two or more of the persons making the oath, declaration or affidavit present at the same time, or\n> > \n> > > (b) with each of the persons making the oath, declaration or affidavit at separate times.\n> \n> > (2) In this section—\n> > \n> > Australian Consular Officer means a person referred to in section 3 (a)–(d) of the [Consular Fees Act 1955](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Note.\n> > \n> > Those paragraphs refer to—\n> > \n> > > (a) an Australian Diplomatic Officer or an Australian Consular Officer, or\n> > \n> > > (b) the person holding or acting in the office of Secretary of the Department of Foreign Affairs and Trade or an officer of the Department acting with the authority of the Secretary, or\n> > \n> > > (c) an employee of the Commonwealth authorised, in writing, by the Secretary, or\n> > \n> > > (d) an employee of the Australian Trade Commission authorised, in writing, by the Secretary.\n> > \n> > British Consular Officer means a British Ambassador, Envoy, Minister, Chargé d’Affaires, Secretary of Embassy or Legation, Consul-General, Acting Consul-General, Consul, Acting Consul, Vice-Consul, Acting Vice-Consul, Proconsul, Consular Agent and Acting Consular Agent.\n> \n> **s 26:** Subst 1916 No 5, sec 5. Am 1953 No 4, sec 2 (a) (b); 1962 No 5, sec 2; 1984 No 165, sec 3; 2005 No 64, Sch 2.44; 2013 No 80, Sch 13 \\[2\\]–\\[4\\]; 2014 No 14, Sch 4.2; 2015 No 2, Sch 4.5 \\[1\\] \\[2\\]; 2019 No 14, Sch 2.18; 2021 No 33, Sch 2\\[2\\].","sortOrder":38},{"sectionNumber":"26A","sectionType":"section","heading":"Witnessing of documents for other jurisdictions","content":"#### 26A Witnessing of documents for other jurisdictions\n\n26A Witnessing of documents for other jurisdictions\n\n> If it is permitted by another State, a Territory or the Commonwealth, a justice of the peace may take, receive or witness a statutory declaration, or witness the execution of a document, within New South Wales for use in relation to the other State, Territory or the Commonwealth.\n> \n> **s 26A:** Ins 1916 No 5, sec 5. Am 1953 No 4, sec 2 (c). Rep 1995 No 27, Sch 1. Ins 2015 No 2, Sch 4.5 \\[3\\]. Am 2019 No 10, Sch 1.18.","sortOrder":39},{"sectionNumber":"26B","sectionType":"section","heading":"Appointee of foreign authority may, in certain circumstances, administer oath","content":"#### 26B Appointee of foreign authority may, in certain circumstances, administer oath\n\n26B Appointee of foreign authority may, in certain circumstances, administer oath\n\n> > (1) In this section foreign authority means a court, judge, person or body authorised by the law of a place outside New South Wales to take or receive evidence in that place.\n> \n> > (2) For the purpose of proceedings (other than criminal proceedings) before a foreign authority, the foreign authority, or a person authorised by the foreign authority to take and receive evidence in New South Wales, may administer an oath to a person in New South Wales for the purpose of taking and receiving that evidence subject, in the case of a foreign authority that is not a court or judge, to the consent of the Chief Justice of the Supreme Court being first obtained.\n> \n> **s 26B:** Ins 1973 No 10, sec 3 (d).","sortOrder":40},{"sectionNumber":"27","sectionType":"section","heading":"Authority to take and receive affidavits","content":"#### 27 Authority to take and receive affidavits\n\n27 Authority to take and receive affidavits\n\n> > (1) An Australian legal practitioner is, except in so far as the Chief Justice of the Supreme Court by order under his or her hand otherwise directs, authorised to take and receive, subject to subsection (4), affidavits concerning any matter within the jurisdiction of any court or required for the purpose of registering an instrument in New South Wales or for any other purpose to be effected in New South Wales.\n> \n> > (2) The Chief Justice may, by commission under the seal of the Supreme Court, authorise as many other persons as the Chief Justice may think necessary to take and receive affidavits concerning any matter within the jurisdiction of any court.\n> \n> > (3) (Repealed)\n> \n> > (4) The authorisation of an Australian legal practitioner by subsection (1) has effect subject to any rule made by any court in respect of any affidavit made concerning any matter within its jurisdiction.\n> \n> > (5) (Repealed)\n> \n> **s 27:** Subst 1970 No 20, sec 3 (b). Am 1973 No 10, sec 3 (e); 1974 No 62, sec 9; 1987 No 111, Sch 1; 1997 No 147, Sch 1.17; 2003 No 71, Sch 7 \\[2\\] \\[3\\]; 2006 No 120, Sch 3.19 \\[2\\]–\\[4\\].","sortOrder":41},{"sectionNumber":"27A","sectionType":"section","heading":"Affidavits by persons unable to read written English","content":"#### 27A Affidavits by persons unable to read written English\n\n27A Affidavits by persons unable to read written English\n\n> If it appears to the person before whom an affidavit is made (the authorised person) that the person making the affidavit (the deponent) is blind, illiterate or otherwise unable to read written English, the authorised person must certify, in or below the jurat—\n> \n> > (a) that the affidavit was read to the deponent in the presence of the authorised person, and\n> \n> > (b) that it appeared to the authorised person that the deponent understood the affidavit, and\n> \n> > (c) that the deponent subscribed the affidavit (by signature or mark) in the presence of the authorised person.\n> \n> **s 27A:** Ins 2005 No 28, Sch 5.36 \\[2\\]. Am 2013 No 80, Sch 13 \\[5\\].","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":"Fees","content":"#### 28 Fees\n\n28 Fees\n\n> Every person authorised to act under a commission issued pursuant to subsection (2) of section 27 shall receive such fees as may be prescribed by the rules made under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).\n> \n> **s 28:** Am 1973 No 10, sec 3 (f); 2005 No 28, Sch 5.36 \\[3\\].","sortOrder":43},{"sectionNumber":"29","sectionType":"section","heading":"Penalty for swearing falsely in affidavits","content":"#### 29 Penalty for swearing falsely in affidavits\n\n29 Penalty for swearing falsely in affidavits\n\n> Except as provided by section 33, every person wilfully swearing falsely in any affidavit made before any such justice of the peace or other person so authorised to take affidavits, shall be deemed guilty of perjury and shall incur and be liable to the same pains and penalties as if the person had wilfully sworn falsely in open Court in a judicial proceeding in the Supreme Court.\n> \n> **s 29:** Am 1995 No 27, Sch 1.","sortOrder":44},{"sectionNumber":"30","sectionType":"section","heading":"Untrue document purporting to be affidavit","content":"#### 30 Untrue document purporting to be affidavit\n\n30 Untrue document purporting to be affidavit\n\n> Where a person wilfully makes and subscribes a document that purports to be, but is not, an affidavit taken and received in accordance with the requirements of section 11A, knowing it to be untrue in a material particular not related to any requirement or formality necessary for the making of an affidavit, that person is guilty of an offence and—\n> \n> > (a) upon conviction on indictment—liable to imprisonment for 5 years, or\n> \n> > (b) upon conviction by the Local Court—liable to a penalty not exceeding 5 penalty units or imprisonment for a term not exceeding six months.\n> \n> **s 30:** Ins 1973 No 10, sec 3 (g). Am 1993 No 47, Sch 1; 1999 No 31, Sch 4.65 \\[4\\]; 1999 No 94, Sch 4.140 \\[2\\]; 2007 No 94, Sch 4.","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Alternative verdict where false swearing not proved","content":"#### 31 Alternative verdict where false swearing not proved\n\n31 Alternative verdict where false swearing not proved\n\n> Where, on the trial of a person for false swearing in an affidavit, it appears that the document purporting to be the affidavit was not taken in accordance with the requirements of section 11A but the jury is satisfied that the accused wilfully made and subscribed the document knowing it to be untrue in a material particular not related to any requirement or formality necessary for the making of an affidavit the accused may be acquitted of the offence charged and convicted of an offence under section 30.\n> \n> **s 31:** Ins 1973 No 10, sec 3 (g). Am 1999 No 94, Sch 4.140 \\[3\\].","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Person may make declaration instead of oath","content":"#### 32 Person may make declaration instead of oath\n\n32 Person may make declaration instead of oath\n\n> > (1) This section applies to the making of an affidavit by a person before a justice or other person authorised to take an affidavit when the justice or other person is satisfied, having regard to any matter thought relevant (including age and capacity to hear, understand or communicate) that the person is not competent to take an oath.\n> \n> > (2) The affidavit by the person is to be allowed, as if it were taken on oath, so long as—\n> > \n> > > (a) the justice or other person tells the person that it is important to tell the truth, and\n> > \n> > > (b) the person makes a declaration, by responding appropriately when asked, that he or she will not tell lies in the affidavit.\n> \n> > (3) However, the affidavit is not to be allowed if the justice or other person is satisfied that—\n> > \n> > > (a) the person does not understand the difference between the truth and a lie, or\n> > \n> > > (b) the person is not able to respond rationally to questions.\n> \n> > (4) It is to be presumed, unless the contrary is established to the satisfaction of the justice or other person, that the person understands the difference between the truth and a lie and is able to respond rationally to questions.\n> \n> > (5) This section does not make evidence admissible if it would otherwise be inadmissible.\n> \n> > (6) In this section, affidavit includes a deposition and a statement made in an information or complaint.\n> \n> **s 32:** Ins 1985 No 151, Sch 1 (2). Subst 1995 No 27, Sch 1.","sortOrder":47},{"sectionNumber":"33","sectionType":"section","heading":"False statements","content":"#### 33 False statements\n\n33 False statements\n\n> > (1) Any person who, having made an affidavit under section 32, wilfully makes a false statement in the affidavit, knowing the statement to be false, is taken to be guilty of perjury if the making of the statement, had it been on oath, would by law have been perjury.\n> \n> > (2) No prosecution for an offence referred to in subsection (1) is to be commenced without the sanction of the Attorney General.\n> \n> **s 33:** Ins 1985 No 151, Sch 1 (2). Subst 1990 No 93, Sch 1 (1); 1995 No 27, Sch 1.","sortOrder":48},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous\n\n**pt 6:** Ins 1985 No 151, Sch 1 (2). Rep 1995 No 27, Sch 1. Ins 2011 No 45, Sch 2.6.","sortOrder":49},{"sectionNumber":"34","sectionType":"section","heading":"Identification of person making statutory declaration or affidavit","content":"#### 34 Identification of person making statutory declaration or affidavit\n\n34 Identification of person making statutory declaration or affidavit\n\n> > (1) A person who takes and receives a statutory declaration or affidavit in this State (an authorised witness)—\n> > \n> > > (a) must see the face of the person making the declaration or affidavit, and\n> > \n> > > (b) must know the person who makes the declaration or affidavit or confirm the person’s identity in accordance with the regulations, and\n> > \n> > > (c) must certify on the declaration or affidavit in accordance with the regulations that this section has been complied with.\n> > \n> > Maximum penalty (on summary conviction before the Local Court): 2 penalty units.\n> \n> > (2) An authorised witness may request a person who is seeking to make a statutory declaration or affidavit to remove so much of any face covering worn by the person as prevents the authorised witness from seeing the person’s face.\n> \n> > (3) The regulations may make provision for or with respect to compliance with this section and, in particular, may—\n> > \n> > > (a) provide that a person is not known to an authorised witness unless the authorised witness has known the person for a minimum specified period, and\n> > \n> > > (b) provide for the steps that will satisfy the requirement to confirm the identity of a person making a statutory declaration or affidavit (including prescribing the kinds of documentation that may or must be relied on for that purpose), and\n> > \n> > > (c) exempt an authorised witness from the requirement to comply with subsection (1) (a) for medical or other reasons.\n> \n> > (4) A failure to comply with this section does not affect the validity of any statutory declaration or affidavit.\n> \n> > (4A) This section does not apply in respect of a person who takes and receives a statutory declaration or affidavit if the declaration or affidavit is made or required to be made—\n> > \n> > > (a) for the purposes of proceedings in—\n> > > \n> > > > (i) the High Court, or\n> > > \n> > > > (ii) the Federal Court, or\n> > > \n> > > > (iii) the Federal Circuit and Family Court of Australia, or\n> > > \n> > > > (iv) (Repealed)\n> > > \n> > > > (v) any other court created by the Commonwealth Parliament, or\n> > \n> > > (b) for the purposes of, or in connection with, any matter arising under, a law of the Commonwealth, or\n> > \n> > > (c) in connection with the administration of a Commonwealth Government department or agency.\n> \n> > (5) In this section—\n> > \n> > face and face covering have the same meanings as they have in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103).\n> \n> **s 34:** Ins 1985 No 151, Sch 1 (2). Subst 1990 No 93, Sch 1 (1). Rep 1995 No 27, Sch 1. Ins 2011 No 45, Sch 2.6. Am 2013 No 80, Sch 13 \\[6\\]; 2023 No 7, Sch 2.37\\[2\\].","sortOrder":50},{"sectionNumber":"34A","sectionType":"section","heading":"Certain oaths or affirmations to be administered or made before Governor","content":"#### 34A Certain oaths or affirmations to be administered or made before Governor\n\n34A Certain oaths or affirmations to be administered or made before Governor\n\n> Despite any other provision of this Act, if the appointment of a person by the Governor requires the person to take an oath or make a solemn affirmation, the oath or affirmation may be administered by, or made before, the Governor.\n> \n> **s 34A:** Ins 2017 No 44, Sch 1.21.","sortOrder":51},{"sectionNumber":"35","sectionType":"section","heading":"Regulations","content":"#### 35 Regulations\n\n35 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> **s 35:** Ins 1985 No 151, Sch 1 (2). Rep 1995 No 27, Sch 1. Ins 2011 No 45, Sch 2.6.","sortOrder":52},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nFirst Schedule\n\n(Section 2)\n\n| Reference to Act | Title or short title | Extent of repeal |\n| 9 Vic No 9 | An Act for the more effectual abolition of oaths and affirmations taken and made in various departments of the Government of New South Wales and to substitute declarations in lieu thereof, and for the suppression of voluntary and extra-judicial oaths and affidavits. | The whole. |\n| 20 Vic No 9 | An Act to simplify the oaths of qualification for office. | The whole. |\n| 20 Vic No 31 | The Common Law Procedure Act of 1857. | Section 10. |\n| 22 Vic No 7 | An Act for the further amendment of the law of evidence. | The unrepealed portion. |\n| 22 Vic No 18 | District Courts Act of 1858. | So much of section 48 as relates to section 10 of the Common Law Procedure Act of 1857. |\n| 33 Vic No 14 | Promissory Oaths Act. | The whole. |\n| 36 Vic No 31 | Promissory Oaths Declaratory Act of 1873. | The whole. |\n| 37 Vic No 10 | Commissioners for Affidavits Act of 1874. | The whole. |\n| 40 Vic No 8 | Evidence Further Amendment Act 1876. | The unrepealed portion. |\n| 46 Vic No 17 | Criminal Law Amendment Act of 1883. | Section 295, from and including the words “And every solemn declaration” to the end of the section; sections 339 and 343, and the Seventh Schedule. |","sortOrder":53},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Oath of allegiance","content":"# Schedule 2 Oath of allegiance\n\nSecond Schedule Oath of allegiance\n\n(Sections 3, 4, 5)\n\nI, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her Heirs and Successors according to law.\n\nSo help me God.","sortOrder":54},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Official oath","content":"# Schedule 3 Official oath\n\nThird Schedule Official oath\n\n(Section 5)\n\nI, , do swear that I will well and truly serve Her Majesty Queen Victoria in the office of .\n\nSo help me God.","sortOrder":55},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Judicial oath","content":"# Schedule 4 Judicial oath\n\nFourth Schedule Judicial oath\n\n(Section 5)\n\nI, , do swear that I will well and truly serve our Sovereign Lady Queen Victoria in the office of , and I will do right to all manner of people after the laws and usages of the State of New South Wales without fear or favour, affection or ill-will.\n\nSo help me God.\n\n**Fourth Sch:** Am 1936 No 12, sec 2 (1) (b).","sortOrder":56},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nFifth Schedule (Repealed)\n\n**Fifth Sch:** Rep 2006 No 6, Sch 2 \\[3\\].","sortOrder":57},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Declaration","content":"# Schedule 6 Declaration\n\nSixth Schedule Declaration\n\n(Section 13)\n\nI solemnly declare that the evidence now about to be given (*or* the statement now about to be made) by me shall be the truth, the whole truth, and nothing but the truth.","sortOrder":58},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Affirmation","content":"# Schedule 7 Affirmation\n\nSeventh Schedule Affirmation\n\n(Section 13)\n\nI, , do solemnly, sincerely, and truly affirm and declare, &c.","sortOrder":59},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Declaration","content":"# Schedule 8 Declaration\n\nEighth Schedule Declaration\n\n(Sections 21, 24)\n\nI, , do solemnly and sincerely declare that , and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the [Oaths Act 1900](/view/html/inforce/current/act-1900-020).","sortOrder":60},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Declaration","content":"# Schedule 9 Declaration\n\nNinth Schedule Declaration\n\n(Sections 21, 24)\n\nI, , of (*residence*), do hereby solemnly declare and affirm that \\[*the facts to be stated according to the declarant’s knowledge, belief, or information, severally*\\]. And I make this solemn declaration, as to the matter (*or* matters) aforesaid, according to the law in this behalf made—and subject to the punishment by law provided for any wilfully false statement in any such declaration.","sortOrder":61},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 10 Savings, transitional and other provisions\n\nTenth Schedule Savings, transitional and other provisions\n\n**Tenth Sch:** Ins 1985 No 151, Sch 1 (3). Subst 1990 No 93, Sch 1 (2). Rep 1995 No 27, Sch 1. Ins 2015 No 2, Sch 4.5 \\[4\\].","sortOrder":62}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally enacted in 1900 to simplify religious oaths of allegiance for colonial officials, the Act has expanded significantly beyond its original purpose. It now governs: (1) statutory declarations for general administrative use; (2) witnessing documents for interstate and foreign jurisdictions; (3) identification verification requirements with face-covering provisions; (4) protections for illiterate and incapacitated persons; and (5) detailed criminal offences for false statements. The modern Act functions as comprehensive evidence and administrative law machinery rather than merely oath reform."},"complexity_factors":["Multiple overlapping mechanisms for formal declarations (oaths, affirmations, statutory declarations, affidavits) with subtly different rules","9 schedules containing prescribed forms, some with archaic language ('Her Majesty Queen Victoria') requiring dynamic substitution","Extensive amendment history with 40+ amending Acts referenced, creating patchwork provisions","Cross-references to external legislation including Criminal Procedure Act 1986, Evidence Act 1995, and Civil Procedure Act 2005","Nested exceptions in section 20 (abolition of extra-judicial oaths) with 5 specific carve-outs","Conditional logic for witnessing documents (sections 26, 26A, 26B) varying by location, document type, and authority","Special provisions for vulnerable persons (sections 24A, 27A, 32) creating parallel procedural tracks","Dual penalty structures (summary vs indictable) for offences with varying maximum penalties"],"plain_english_summary":"This law sets out the rules for taking **oaths** (swearing on a religious text), **affirmations** (solemn promises without religious references), and **statutory declarations** (formal written statements) in New South Wales.\n\n**What it does:**\n- **Replaces old religious oaths** with a simpler \"oath of allegiance\" for public officials, judges, and justices of the peace (Part 2)\n- **Allows people to affirm instead of swear** if they have religious objections or no religious belief (Part 3)\n- **Lets the government swap oaths for declarations** in administrative matters, making paperwork simpler (Part 4)\n- **Sets out who can witness affidavits** (sworn statements for court) and statutory declarations, including justices of the peace, lawyers, notaries, and consular officers (Parts 4–5)\n- **Creates offences** for making false statements in declarations or affidavits, with penalties up to 7 years imprisonment for serious cases (sections 25, 25A, 29, 30)\n- **Protects vulnerable people** by allowing declarations/affidavits from those who can't read English or have limited capacity, provided certain safeguards are met (sections 24A, 27A, 32)\n- **Requires identification checks** for people making statutory declarations or affidavits, including seeing their face (with exceptions for medical reasons) (section 34)\n\n**Who it affects:**\n- Anyone giving evidence in court or making formal statements\n- Public servants, judges, and justices of the peace taking office\n- People needing to verify documents (wills, deeds, statutory declarations)\n- Justices of the peace, lawyers, and other authorised witnesses\n\n**Why it matters:**\nThis Act underpins the integrity of the justice system and public administration. It ensures people can make formal promises truthfully without religious barriers, while protecting against fraud through criminal penalties for false statements."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted in 1900, the Act has been significantly amended over 20+ times through to 2026. What began as a straightforward colonial-era statute governing formal oath-taking has expanded to accommodate secular affirmations, broader categories of authorised witnesses, remote/electronic witnessing (particularly accelerated by COVID-era reforms), and modern statutory declaration frameworks. The core purpose remains the same, but scope has grown considerably to reflect a more diverse, digital, and secular society."},"complexity_factors":["Over 120 years of amendments creating layered and evolved provisions","Interaction with multiple other laws (court procedure rules, criminal law, evidence law)","Different rules for different contexts (courts, statutory declarations, official oaths, witnessing)","Distinction between oaths and affirmations requires understanding of both religious and secular processes","Who qualifies as an authorised witness involves cross-referencing other legislation and schedules","Only metadata was provided — the actual substantive text was not included, limiting full analysis"],"plain_english_summary":"## NSW Oaths Act 1900\n\n**What is this?**\nThis is one of NSW's oldest pieces of legislation — it has been in force since 1900 and governs how **oaths and affirmations** are made in New South Wales.\n\n**What does it actually do?**\nWhen you swear to tell the truth in court, make a statutory declaration (a written statement you sign as being true), or take an official oath before taking on a government role, *this* is the law that sets the rules for how that process works. It covers:\n- How oaths must be taken (e.g. swearing on a religious text, or making a secular affirmation instead)\n- Who can witness or administer oaths and declarations\n- What happens if the rules aren't followed\n\n**Who does it affect?**\nPractically everyone at some point — if you've ever:\n- Given evidence in a NSW court\n- Signed a statutory declaration (e.g. for a licence application, insurance claim, or legal matter)\n- Been sworn in to a public office\n- Had a document witnessed by a Justice of the Peace\n\n...then this law applied to you.\n\n**Why does it matter?**\nLying after taking an oath or making a false statutory declaration can be a criminal offence (perjury or making a false statement). This Act sets the foundation for the legal weight behind sworn statements.\n\n**Note:** Only the status/metadata of this Act was provided — not the actual substantive provisions. The analysis is based on the Act's known content as a long-standing NSW statute."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The text of the Act, as amended, extends beyond the narrow 1900 framing of oath forms to a broader regulatory framework governing statutory declarations, identity verification, authorised witnesses and criminal sanctions for false statements. Key additions empower the Governor to substitute declarations for oaths in public revenue and office contexts (s 15–17), require identity verification and certification by authorised witnesses (s 34), create offences for unauthorised taking/receiving of declarations (s 21A) and introduce modern accessibility safeguards for persons unable to read English (s 24A, s 27A) and competency rules for affidavit alternatives (s 32).  These changes shift the Act from being primarily a schedule of oath forms to a procedural statute that governs a wide range of statutory declaration and affidavit practices and delegates considerable procedural detail to regulations, the Chief Justice and court rules (s 27(2), s 34(3), s 35)."},"complexity_factors":["Multiple cross‑references to other Acts (Evidence Act 1995, Criminal Procedure Act 1986, Consular Fees Act and court rules) which shift substantive effect outside the Act (see s 2A, s 13, s 26, s 27(4)).","Delegation of substantive procedural detail to regulations and court rules (s 34(3), s 27(4), s 35), increasing dependence on subordinate instruments for operation.","A mix of criminal and administrative provisions with varied penalties and different modes of prosecution (summary vs indictment) across sections (s 2A, s 21A, s 25, s 25A, s 29–31, s 33).","Numerous exceptions and carve‑outs (Commonwealth courts and matters, foreign jurisdictions, coronial and parliamentary proceedings) that require careful mapping when applying the Act (s 20(2), s 26A, s 34(4A)).","Historic form Schedules and updating mechanisms (sovereign name substitution under s 6) create interpretive layering between original text and contemporary use (Schedules 2–4; s 6).","Different procedural rules depending on setting (judicial proceedings, administrative departments, overseas or consular settings) which require context‑specific application (s 3(2), s 26, s 26B)."],"plain_english_summary":"What this law does (mechanically)\n\n- Standardises how oaths, affirmations, statutory declarations and affidavits are made, who may administer them, and the forms to be used (see s 3, s 4, Schedules 2–9).  The Act sets out substituted forms and allows certain historic multiple oaths to be replaced by a single oath of allegiance (s 3–4; Second Schedule).\n- Permits people who object to religious oaths to make solemn affirmations or non‑religious declarations instead (s 12–13; Sixth and Seventh Schedules).\n- Allows the Governor to substitute a statutory declaration for an oath or affidavit required in relation to public revenue, offices or departments, by Gazette notice (s 15–17).\n- Defines who may take and receive affidavits, statutory declarations and oaths in New South Wales (justices, judges, Australian legal practitioners, notaries, consular officers and others), and permits overseas taking in certain circumstances (s 3(2), s 26, s 26A–26B, s 27).\n- Prescribes criminal penalties and civil consequences for false declarations or unauthorised administration of declarations/affidavits (s 20, s 21A, s 25, s 25A, s 29–31, s 30, s 33).\n- Requires authorised witnesses to confirm the identity of people making statutory declarations or affidavits and to certify compliance in the jurat; allows limited removal of face coverings to verify identity; and delegates detail to regulations (s 34).\n- Includes safeguards when a declarant or deponent cannot read written English, by requiring certification that the declaration or affidavit was read and understood (s 24A, s 27A).\n- Gives the Chief Justice power to authorise additional persons to take affidavits and the Governor broad regulation‑making power to implement the Act (s 27(2), s 35).\n\nWho is affected\n\n- Public officers and people appointed to public offices who are required to take an oath or official pledge (s 4, s 7–9).\n- Witnesses, litigants, deponents, and anyone who provides sworn or certified statements, affidavits or statutory declarations in New South Wales (Parts 3–5, esp. s 12–13, s 15–31).\n- Persons and institutions that administer oaths and declarations (justices, judges, Australian legal practitioners, notaries, consular officers and other authorised persons) who gain duties and potential criminal liabilities if they act without authority (s 21, s 21A, s 26–27, s 34).\n- Entities and private parties that rely on sworn documents for registration, court proceedings or official business (s 26, s 23).\n\nWhy it matters (claimed purpose and practical testing of trade‑offs)\n\n- The Act’s text and schedules indicate a purpose of simplifying and standardising how sworn statements and declarations are made and administered, and of substituting non‑oath declarations in many administrative contexts (see Schedule 1 and s 15 which permits Gazette substitution).  That purpose reduces the need for multiple historic oath forms by prescribing standard forms (s 3–5; Schedules).\n\nTrade‑offs, costs and incentives (mechanisms, not judgments)\n\n- Who decides: the Governor and courts have decision authority.  The Governor may substitute declarations for oaths in public revenue/office matters (s 15–17) and may make regulations implementing the Act (s 35).  The Chief Justice may authorise additional persons to take affidavits (s 27(2)).  These delegations concentrate procedural discretion in executive and judicial offices (s 15, s 27, s 35).\n- Compliance burden on administrators: authorised witnesses must confirm identity, see the declarant’s face and certify compliance (s 34(1)–(3)).  The regulations may specify documentary proof and exemptions, so much of practical compliance depends on later regulation (s 34(3), s 35).  That shifts operational cost to witnesses and to declarants who must provide identity evidence.\n- Criminal deterrents and enforcement costs: the Act creates criminal penalties for unauthorised administration of oaths (s 20), unauthorised taking of statutory declarations (s 21A), wilful false declarations (s 25; s 25A for material benefit), and treats false swearing as perjury in many cases (s 29, s 33).  Those provisions create legal exposure for both declarants and for persons who administer documents without authority and therefore change the risk calculations of participants and administrators.\n- Effect on private enterprise and transactional friction: the Act governs documentary proof used in registration, court and administrative processes (s 26, s 23).  Businesses and individuals that rely on affidavits and statutory declarations for land, company, tax or regulatory processes face procedural requirements (identity checks, authorised witnesses, fees) that impose time and administrative cost (s 23, s 26, s 34).  The Governor’s substitution power (s 15) can reduce religious‑oath friction in public administration but also shifts procedural design to executive decision and Gazette notices.\n- Accessibility measures and limits: the Act provides for persons who cannot read written English or are blind to have affidavits/declarations read and certified to by the authorised person (s 24A, s 27A), and offers alternatives where a person is not competent to take an oath by allowing a declaration to be treated as an affidavit when certain conditions are met (s 32).  These mechanisms impose procedural duties on the administrator to assess competence and understanding (s 32).\n- Delegation and implementation risk: key procedural details (identity verification steps, fee levels for commissioned persons) are left to regulation or court rules (s 34(3), s 27(4), s 28, s 35).  That means the Act’s practical effect depends on subordinate instruments which may vary over time.\n\nNet behavioural effects the Act creates (mechanisms)\n\n- Increases use of standardised forms and non‑religious affirmations in place of historic religious oaths (s 3–4, s 12–13).\n- Requires authorised witnesses to spend time verifying identity and certifying compliance; may require declarants to present identity documents or temporarily remove face coverings (s 34(1)–(2)).\n- Deters false or unauthorised declarations through criminal penalties (s 20, s 21A, s 25, s 25A, s 29, s 30–31).\n- Concentrates administrative discretion with the Governor and Chief Justice to determine when declarations may substitute for oaths and who may be authorised to receive affidavits (s 15–17, s 27(2), s 35).\n\nPrimary implementation dependencies (what to watch for)\n\n- Regulations and court rules: identity rules, fees and detailed procedures are delegated to regulations and court rules (s 27(4), s 28, s 34(3), s 35).\n- Cross‑law interactions: some sections operate subject to the Evidence Act 1995 (s 13) and Criminal Procedure Act 1986 (s 2A), so outcomes in evidence and prosecution practice are shaped by those statutes.\n\nSelected key sections for quick reference: s 3–6 (forms and sovereign name), s 12–13 (affirmations/declarations), s 15–18 (substitute declarations for oaths by Gazette), s 20–21A, s 25–25A (offences), s 26–27 (who may take affidavits), s 24A/27A (assistance for those who cannot read English), s 32–33 (competence and false statements), s 34 (identity checks), s 35 (regulations)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/oaths-act-1900","history":"/api/acts/oaths-act-1900/history","analysis":"/api/acts/oaths-act-1900/analysis","conflicts":"/api/acts/oaths-act-1900/conflicts","importantCases":"/api/acts/oaths-act-1900/important-cases","documents":"/api/acts/oaths-act-1900/documents"}}