{"id":"oaths-act-1936","name":"Oaths Act 1936","slug":"oaths-act-1936","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106151,"registerId":"sa-oaths-act-1936-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Oaths Act 1936","content":"South Australia\nOaths Act 1936\nAn Act relating to oaths, affirmations, declarations, affidavits and attestations.\n\nContents\nPart 1—Preliminary\n1\tShort title\nPart 2—Promissory oaths and declarations\nDivision 1—Oaths\n4\tInterpretation\n5\tOaths to be taken by the Governor\n6\tOaths to be taken by members of the Executive Council\n6A\tOaths to be taken by Ministers who are not members of the Executive Council or by Parliamentary Secretary to a Minister\n7\tOaths to be taken by judicial officers\n8\tForm of oath of allegiance\n9\tForm of official oath\n10\tForm of oath of fidelity\n11\tForm of judicial oath\n12\tUse of name of Sovereign for the time being\nDivision 2—Affirmations\n13\tAffirmation in lieu of oath\n14\tForm of affirmation\n15\tPersons entitled to take affirmations\n16\tPenalty on not taking prescribed oath\nDivision 3—Miscellaneous\n17\tProhibition on use of oath of allegiance\n18\tSubstitution of declarations for oaths\n19\tEffect of not making declaration as required by this Part\n20\tSaving of power to alter declaration\n21\tSaving\n22\tSaving of rights dependent upon taking an oath\nPart 3—Statutory declarations\n23\tOperation of the Imperial Act, 5 and 6 Wm. 4 c. 62\n24\tPart not to apply to oaths in judicial proceedings\n25\tTaking statutory declarations\n26\tFees on taking of oath\n27\tFalse declaration\nPart 4—Affidavits\n27A\tTaking affidavits\n28\tCommissioners for taking affidavits etc\n30\tFalse statement by affidavit\n31\tSupreme Court to take judicial notice of signatures\nPart 5—Miscellaneous\n32\tMinor non-compliance does not affect validity\n33\tCodes of practice\n34\tRequirements of other Acts taken to be complied with\n35\tOffence of taking affidavit, affirmation or declaration without authority\n36\tImmunity\n37\tRegulations\nSchedule 1—Authorisation of persons\n1\tPersons before whom a statutory declaration may be made\n2\tPersons authorised to take an affidavit\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Oaths Act 1936.\nPart 2—Promissory oaths and declarations\nDivision 1—Oaths\n4—Interpretation\nIn this Part, unless the contrary intention appears:\njudicial oath means the oath prescribed by section 11;\noath of allegiance means the oath prescribed by section 8;\noath of fidelity means the oath prescribed by section 10;\nofficial oath means the oath prescribed by section 9.\n5—Oaths to be taken by the Governor\n\t(1)\tThe Governor, as soon as may be after his acceptance of office, shall take the oath of allegiance and the official oath in the presence of the Chief Justice or the Acting Chief Justice of the State.\n\t(2)\tThe Master of the Supreme Court or the associate to the Chief Justice or Acting Chief Justice, as the case may be, shall tender those oaths to the Governor.\n6—Oaths to be taken by members of the Executive Council\n\t(1)\tEvery member of the Executive Council, as soon as may be after his acceptance of office, shall take the oath of allegiance, the official oath and the oath of fidelity, in the presence of the Governor in Council.\n\t(2)\tThe Clerk of the Executive Council shall tender those oaths to the members of the Executive Council.\n\t(3)\tSubsection (1) does not require a person to take the oath of allegiance or the oath of fidelity more than once during the term of any Parliament.\n6A—Oaths to be taken by Ministers who are not members of the Executive Council or by Parliamentary Secretary to a Minister\n\t(1)\tEvery Minister of the Crown who is not a member of the Executive Council and any member of Parliament appointed as a Parliamentary Secretary to a Minister must, as soon as is practicable after accepting office, take the oath of allegiance and the official oath before the Governor.\n\t(2)\tSubsection (1) does not require a person to take the oath of allegiance more than once during the term of any Parliament.\n7—Oaths to be taken by judicial officers\n\t(1)\tEach of the following officers, namely—\n\t(a)\tthe Chief Justice, President, puisne judges, Masters and Judicial Registrars of the Supreme Court; and\n\t(b)\tthe Chief Judge, other Judges, Masters and Judicial Registrars of the District Court; and\n\t(c)\tMagistrates and Judicial Registrars of the Magistrates Court; and\n\t(d)\tjustices of the peace,\nshall, before proceeding to discharge any official duties, take the oath of allegiance and the judicial oath.\n\t(2)\tThe oaths to be taken under this section must be taken—\n\t(a)\tin the case of the oaths to be taken by the Chief Justice, the President or the puisne judges of the Supreme Court—before the Governor or, if the Governor so determines (or in the absence of a determination by the Governor), by the most senior judge of the Supreme Court that is available to take the oath;\n\t(b)\tin the case of the oaths to be taken by any other judicial officer to whom this section applies (other than a justice of the peace)—by the most senior judge of the Supreme Court that is available to take the oath.\n\t(4)\tThe oaths to be taken under this section by a justice of the peace shall be taken in the manner prescribed by the Justices of the Peace Act 1991.\n\t(5)\tThis section does not apply to a person appointed to act in a judicial office on an auxiliary basis under the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 if that person has previously taken the oath of allegiance and the judicial oath in accordance with this Act.\n8—Form of oath of allegiance\nThe oath of allegiance shall be in the following form:\nI,                                do swear that I will be faithful and bear true allegiance to His Majesty, King Edward the Eighth, His Heirs and Successors, according to law. SO HELP ME GOD!\n9—Form of official oath\nThe official oath shall be in the following form:\nI,                               , do swear that I will well and truly serve His Majesty King Edward the Eighth, His Heirs and Successors, according to law, in the office of                               . SO HELP ME GOD!\n10—Form of oath of fidelity\nThe oath of fidelity shall be in the following form:\nI, being chosen and admitted of His Majesty's Executive Council in the State of South Australia, do swear that I will, to the best of my judgment, and at all times when thereto required, freely give my counsel and advice to the Governor, for the time being, for the good management of the public affairs of the said State; that I will not directly nor indirectly reveal such matters as shall be debated in Council, and committed to my secrecy, but that I will in all things be a true and faithful Councillor. SO HELP ME GOD!\n11—Form of judicial oath\nThe judicial oath shall be in the following form:\nI,                               , do swear that I will well and truly serve Our Sovereign Lord King Edward the Eighth, His Heirs and Successors, according to law, in the office of                               , and I will do right to all manner of people after the laws and usages of this State, without fear or favour, affection or illwill. SO HELP ME GOD!\n12—Use of name of Sovereign for the time being\nEvery reference in any form of oath prescribed by this Part to His Majesty King Edward the Eighth shall be altered from time to time as occasion requires by substituting the name of the Sovereign of the United Kingdom of Great Britain and Northern Ireland for the time being.\nDivision 2—Affirmations\n13—Affirmation in lieu of oath\nAny person may make an affirmation in lieu of taking the oath required by the Constitution Act 1934 or any oath of allegiance, official oath, oath of fidelity, or judicial oath.\n14—Form of affirmation\nEvery affirmation shall commence \"I,                                do truly and solemnly affirm\" and shall proceed in the same words as the oath required or permitted by law under the same circumstances, omitting all words of imprecation or calling to witness, and the attestation of any affirmation in writing may be in the same words as the jurat of an affidavit substituting the word \"affirmed\" for the word \"sworn\".\n15—Persons entitled to take affirmations\nEvery person authorised to administer an oath shall have authority to take an affirmation.\n16—Penalty on not taking prescribed oath\nIf any person declines or neglects when any oath or affirmation required to be taken by him under this Part is duly tendered, to take such oath or make such affirmation, he shall, if he has already entered on the office in relation to which the oath or affirmation is required vacate that office, and if he has not entered on that office he shall be disqualified from entering on it, but no person shall be compelled in respect of the same appointment to the same office to take an oath or make an affirmation under this Part more than once.\nDivision 3—Miscellaneous\n17—Prohibition on use of oath of allegiance\nNotwithstanding any Act, charter, or custom, no person shall be required or authorised to take the oath of allegiance or any oath substituted for that oath or to make any affirmation or declaration to the like effect of that oath, except in a case where this Part or some other Act of the State expressly so requires.\n18—Substitution of declarations for oaths\n\t(1)\tWhere in any case not otherwise provided for by this Part an oath is required to be taken by any person on or as a condition of admission to membership, fellowship, or participation in the privileges of any body corporate, society, or company, or on or as a condition of accepting any employment or office a declaration shall be taken in lieu of that oath to the like effect in all respects as that oath.\n\t(2)\tA declaration in pursuance of this section shall have the same effect in all respects as the oath for which the declaration is substituted would have had if this Part had not been passed.\n19—Effect of not making declaration as required by this Part\nIf any person required by this Part to make a declaration instead of an oath declines or neglects to make that declaration, he shall be subject to the same penalties and disabilities (if any) as he would have been subject to for declining or neglecting to take the oath for which that declaration is substituted.\n20—Saving of power to alter declaration\nWhere a declaration is substituted for an oath under this Part any person who but for the enactment of this Part would have had power to alter that oath or to substitute another oath in its place, may exercise the like power with regard to the substituted declaration.\n21—Saving\nNothing in this Part shall affect—\n\t(a)\tthe Constitution Act 1934 or any Act specially requiring any particular form of oath to be taken:\n\t(b)\tany oath required or authorised by any Act to be taken or made for the purpose of attesting any fact or verifying any account or document:\n\t(c)\tany oath required to be taken by any juror, witness, or other person pursuant to any Act or custom as preliminary to or in the course of any civil, military, criminal, or other trial, or any inquest or proceedings of a judicial nature, any arbitration or any proceedings before a Committee of either House of Parliament, or before any Commissioner, or other special tribunal appointed by the Governor.\n22—Saving of rights dependent upon taking an oath\nWhere but for the enactment of this Part, the taking of any oath would be a condition precedent or subsequent to the attainment by any person of any office, privilege, exemption, or other benefit and that person is by this Act prevented from fulfilling that condition he shall, nevertheless, on complying with any other conditions attached to the attainment of such office, privilege, or other benefit be entitled thereto as if the condition relating to that oath and any direction as to the certificate or registration of the taking of that oath or otherwise had been fulfilled and performed.\nPart 3—Statutory declarations\n23—Operation of the Imperial Act, 5 and 6 Wm. 4 c. 62\nThe enactment of this Part shall not affect the operation within the State of the Act of the Imperial Parliament, 5 and 6, William 4, chapter 62 (commonly called the Statutory Declarations Act 1835), except in so far as the provisions of this Part are inconsistent with the provisions of that Act.\n24—Part not to apply to oaths in judicial proceedings\nThis Part does not apply to any oath, affirmation, or affidavit which may be made or taken, or be required to be made or taken, in any judicial proceedings in any court of justice, or in any proceeding for or by way of summary conviction before any justice.\n25—Taking statutory declarations\n\t(1)\tSubject to this Part, a declaration may be made under this Part instead of an oath or affirmation if the declaration—\n\t(a)\tcomplies with any requirements prescribed by the regulations; and\n\t(b)\tis made in accordance with the requirements set out in the code of practice in relation to statutory declarations published by the Minister under section 33.\n\t(2)\tThe persons specified in Schedule 1 clause 1 are persons before whom a statutory declaration may be made.\n26—Fees on taking of oath\nWhenever a declaration is made under this Part in lieu of an oath or affirmation, all (if any) such fees as would have been payable if the oath or affirmation had been taken, shall be payable.\n27—False declaration\n\t(1)\tAny person who wilfully makes any declaration by virtue of this Part, knowing that declaration to be untrue in any material particular, shall be guilty of an offence, and shall be liable, upon conviction thereof, to be imprisoned for any term not exceeding four years.\n\t(2)\tIn any proceedings under this Part in relation to an offence referred to in subsection (1) of this section where the court is satisfied that the defendant knew that he was required to declare his belief in the truth of the declaration referred to in that subsection it shall not be a defence that the declaration was not duly made or that the declaration did not comply with the requirements of section 25 of this Act.\nPart 4—Affidavits\n27A—Taking affidavits\n\t(1)\tAn affidavit must—\n\t(a)\tcomply with—\n\t(i)\tany requirements prescribed by the regulations; and\n\t(ii)\tany requirements set out in the rules of the relevant court; and\n\t(b)\tbe taken in accordance with the requirements set out in the code of practice in relation to affidavits published by the Minister under section 33.\n\t(2)\tFor the purposes of subsection (1)(a), if an inconsistency exists between the requirements prescribed by the regulations and the requirements set out in the rules of the relevant court, the rules prevail and the requirements prescribed by the regulations do not apply to the extent of the inconsistency.\n\t(3)\tThe persons specified in Schedule 1 clause 2 are persons authorised to take affidavits.\n28—Commissioners for taking affidavits etc\n\t(1)\tThe following shall be Commissioners for taking affidavits in the Supreme Court—\n\t(a)\tall Judges and Masters of the Supreme Court; and\n\t(b)\tall Judges and Masters of the District Court; and\n\t(c)\tall magistrates; and\n\t(ca)\tall Judicial Registrars, Registrars and Deputy Registrars of the Supreme Court, the District Court, the Environment, Resources and Development Court, the South Australian Employment Tribunal, the Youth Court and the Magistrates Court; and\n\t(d)\tall persons on the roll of practitioners of the Supreme Court (except any such person whose right to practise the profession of law is under suspension by virtue of disciplinary action taken against him); and\n\t(e)\tany other persons appointed by the Attorney‑General, by notice published in the Gazette, to be Commissioners for taking affidavits in the Supreme Court.\n\t(2)\tAn oath, affirmation or declaration taken or made before a person specified in Schedule 1 clause 2 will be as valid and effectual as if it had been taken or made before the Supreme Court.\n30—False statement by affidavit\nA person who intentionally makes a false statement, whether orally or in writing, in an affidavit is guilty of an offence.\nMaximum penalty: 7 years imprisonment.\n31—Supreme Court to take judicial notice of signatures\nThe Supreme Court and the Judges, Master, and other officers thereof shall take judicial notice of the signature of every person before whom affidavits, declarations, and affirmations are by this Part authorised to be made, if that signature is subscribed to any affidavit, declaration or affirmation taken under this Part.\nPart 5—Miscellaneous\n32—Minor non-compliance does not affect validity\nAn oath, affirmation, statutory declaration or affidavit is not invalid merely because of an inadvertent and minor non‑compliance with a requirement imposed under this Act that does not materially affect the nature of the oath, affirmation, statutory declaration or affidavit (as the case requires).\n33—Codes of practice\n\t(1)\tFor the purposes of this Act, the Minister may, by notice in the Gazette, publish—\n\t(a)\ta code of practice in relation to statutory declarations;\n\t(b)\ta code of practice in relation to affidavits.\n\t(2)\tA code of practice may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tvary in operation according to factors stated in the code; and\n\t(c)\tprovide for the granting by the Minister of exemptions (conditional or unconditional) from specified provisions of the code; and\n\t(d)\tin the case of a code of practice made in relation to statutory declarations—impose requirements relating to the making of statutory declarations; and\n\t(e)\tin the case of a code of practice made in relation to affidavits—impose requirements relating to the taking of affidavits.\n\t(3)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a code of practice.\n\t(4)\tA notice published in the Gazette under this section may come into operation on the day on which it is published or on a later day or days specified in the notice.\n\t(5)\tA declaration or affidavit is not invalid merely because of a failure to comply with a requirement in a code of practice, if the non‑compliance does not materially affect the nature of the declaration or affidavit (as the case requires).\n34—Requirements of other Acts taken to be complied with\nIf another Act requires that—\n\t(a)\ta declaration must be made before a specified class of person or authority; or\n\t(b)\tan instrument must be signed or executed in the presence of, or attested by, a specified class of person or authority,\nthe requirement will be taken to have been complied with if the declaration is made before, or the instrument is signed or executed in the presence of or attested by (as the case requires), a person specified in Schedule 1 clause 1.\n35—Offence of taking affidavit, affirmation or declaration without authority\n\t(1)\tA person who knowingly takes an affidavit, affirmation or declaration without being authorised to do so is guilty of an offence.\nMaximum penalty: $10 000 or 6 months imprisonment.\n\t(2)\tA person who is not authorised to take an affidavit, affirmation or declaration must not represent that the person is authorised to do so.\nMaximum penalty: $1 500.\n36—Immunity\nA person authorised under Schedule 1 incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out functions under this Act.\n37—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tThe regulations may—\n\t(a)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tprovide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed authority; and\n\t(d)\tmake provisions of a saving or transitional nature consequent on the enactment of any amendments to this Act, on the commencement of specified provisions of this Act, on the repeal of the Evidence (Affidavits) Act 1928 or on the making of regulations under this Act.\nSchedule 1—Authorisation of persons\n1—Persons before whom a statutory declaration may be made\nThe following are persons before whom a statutory declaration may be made for the purposes of section 25(2):\n\t(a)\ta Commissioner for taking affidavits in the Supreme Court;\n\t(b)\ta person who is registered as a conveyancer under the Conveyancers Act 1994;\n\t(c)\ta justice of the peace;\n\t(d)\ta police officer, other than a police officer who is a probationary constable;\n\t(e)\tpersons admitted and enrolled as a notary public of the Supreme Court;\n\t(f)\tany other person of a class prescribed by regulation.\n2—Persons authorised to take an affidavit\nThe following are persons authorised to take an affidavit for the purposes of section 27A(3):\n\t(a)\ta Commissioner for taking affidavits in the Supreme Court;\n\t(b)\ta justice of the peace;\n\t(c)\ta police officer, other than a police officer who is a probationary constable;\n\t(d)\tpersons admitted and enrolled as a notary public of the Supreme Court;\n\t(e)\tany other person of a class prescribed by regulation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Oaths Act 1936 repealed the following:\nThe Affirmations Act 1896\nThe Declarations and Attestations Act 1913\nPromissory Oaths Act 1869\nThe Promissory Oaths Amendment Act 1911\nThe Statutory Declarations Act 1915\nLegislation amended by principal Act\nThe Oaths Act 1936 amended the following:\nAn Act for increasing the facilities for the taking of acknowledgments of married women, and for other purposes (No. 23 of 1872)\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1936\n2278\n Oaths Act 1936\n3.9.1936\n3.9.1936\n1968\n24\n Oaths Act Amendment Act 1968\n5.12.1968\n5.12.1968\n1969\n41\n Oaths Act Amendment Act 1969\n13.11.1969\n13.11.1969\n1981\n34\n Statutes Amendment (Administration of Courts and Tribunals) Act 1981\n19.3.1981\n1.7.1981 (Gazette 25.6.1981 p1896)\n1983\n53\n Oaths Act Amendment Act 1983\n16.6.1983\n1.7.1983 (Gazette 30.6.1983 p1760)\n1984\n56\n Statutes Amendment (Oaths and Affirmations) Act 1984\n24.5.1984\n1.7.1984 (Gazette 28.6.1984 p1897)\n1993\n62\n Statutes Amendment (Courts) Act 1993\n27.5.1993\ns 29—1.7.1993 (Gazette 24.6.1993 p2047)\n1994\n17\n State Bank (Corporatisation) Act 1994\n12.5.1994\nSch 4—1.7.1994 (Gazette 23.6.1994 p1784)\n1994\n59\n Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994\n27.10.1994\n1.1.1995 (Gazette 8.12.1994 p1942)\n1996\n67\n Statutes Amendment (Attorney-General's Portfolio) Act 1996\n15.8.1996\nss 23 & 24—17.10.1996 (Gazette 17.10.1996 p1361)\n1997\n30\n Statutes Amendment (References to Banks) Act 1997\n12.6.1997\nPt 10 (ss 12—16)—3.7.1997 (Gazette 3.7.1997 p4)\n1997\n69\n Statutes Amendment (Ministers of the Crown) Act 1997\n11.12.1997\nPt 5 (s 10)—17.12.1997 (Gazette 17.12.1997 p1639)\n1998\n59\n Statutes Amendment (Attorney-General's Portfolio) Act 1998\n3.9.1998\nPt 7 (ss 11—16)—13.12.1998 (Gazette 3.12.1998 p1676)\n1999\n33\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 36)—1.7.1999 being the date specified under section 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2002\n29\n Constitution (Parliamentary Secretaries) Amendment Act 2002\n7.11.2002\n7.11.2002\n2003\n44\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2004\n44\n Oaths (Judicial Officers) Amendment Act 2004\n18.11.2004\n18.11.2004\n2005\n8\n Oaths (Abolition of Proclaimed Managers) Amendment Act 2005\n21.4.2005\nPt 1 (ss 1—3) & Pt 2 (s 4)—21.4.2005: s 2(1); Pt 3 (ss 5—9)—1.1.2007: s 2(2) \n2006\n44\n Statutes Amendment (Justice Portfolio) Act 2006\n14.12.2006\nPt 20 (s 34)—18.1.2007 (Gazette 18.1.2007 p234)\n2016\n63\n Statutes Amendment (South Australian Employment Tribunal) Act 2016\n8.12.2016\nPt 16 (s 121)—1.7.2017 (Gazette 16.5.2017 p1221)\n2017\n10\n Statutes Amendment (Judicial Registrars) Act 2017\n11.4.2017\nPt 4 (ss 30 & 31)—23.5.2017 (Gazette 23.5.2017 p1725)\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 69)—1.1.2021 (Gazette 10.12.2020 p5638)\n2020\n34\n Statutes Amendment (Attorney-General's Portfolio) Act 2020\n1.10.2020\nPt 4 (s 10)—1.10.2020: s 2(1)\n2021\n31\nOaths (Miscellaneous) Amendment Act 2021\n2.9.2021\nPt 2 (ss 4 to 11)—1.12.2021 (Gazette 25.11.2021 p4129)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 664.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\namended by 31/2021 s 4\n1.12.2021\nPt 1\n\n\ns 2\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 3\nomitted under Legislation Revision and Publication Act 2002\n24.11.2003\nPt 2\n\n\nPt 2 Div 1\nheading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 6\n\n\ns 6(3)\ninserted by 59/1998 s 11\n13.12.1998\ns 6A\n\n\ns 6A(1)\ns 6A inserted by 69/1997 s 10\n17.12.1997\n\ns 6A redesignated as s 6A(1) by 59/1998 s 12\n13.12.1998\n\namended by 29/2002 s 4\n7.11.2002\ns 6A(2)\ninserted by 59/1998 s 12\n13.12.1998\ns 7\n\n\ns 7(1)\nsubstituted by 34/1981 s 41(a)\n1.7.1981\n\namended by 67/1996 s 23(a)\n17.10.1996\n\namended by 44/2004 s 3\n18.11.2004\n\n(e)—(g) deleted by 44/2004 s 3\n18.11.2004\n\namended by 10/2017 s 30(1)—(3)\n23.5.2017\n\namended by 45/2019 Sch 1 cl 69(1)\n1.1.2021\ns 7(2)\nsubstituted by 67/1996 s 23(b)\n17.10.1996\n\nsubstituted by 45/2019 Sch 1 cl 69(2)\n1.1.2021\ns 7(3)\nsubstituted by 34/1981 s 41(b)\n1.7.1981\n\nsubstituted by 67/1996 s 23(b)\n17.10.1996\n\ndeleted by 45/2019 Sch 1 cl 69(2)\n1.1.2021\ns 7(3a)\ninserted by 67/1996 s 23(b)\n17.10.1996\n\ndeleted by 45/2019 Sch 1 cl 69(2)\n1.1.2021\ns 7(4)\namended by 62/1993 s 29\n1.7.1993\ns 7(5)\ninserted by 67/1996 s 23(c)\n17.10.1996\nheading preceding s 13\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 2 Div 2\nheading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nheading preceding s 17\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 2 Div 3\nheading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nheading preceding s 21\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 3\n\n\ns 25\nsubstituted by 31/2021 s 5\n1.12.2021\ns 27\n\n\ns 27(1)\namended by 59/1994 Sch 2\n1.1.1995\n\namended by 44/2006 s 34\n18.1.2007\ns 27(2)\namended by 59/1994 Sch 2\n1.1.1995\n\namended by 31/2021 s 6\n1.12.2021\nPt 4\n\n\nheading\nsubstituted by 31/2021 s 7\n1.12.2021\ns 27A\ninserted by 31/2021 s 8\n1.12.2021\ns 28\nsubstituted by 53/1983 s 3\n1.7.1983\ns 28(1)\namended by 67/1996 s 24\n17.10.1996\n\namended by 44/2004 s 4(1), (2)\n18.11.2004\n\namended by 10/2017 s 31\n23.5.2017\n\namended by 63/2016 s 121\n1.7.2017\n\namended by 34/2020 s 10\n1.10.2020\ns 28(2)\namended by 31/2021 s 9\n1.12.2021\ns 29\nsubstituted by 53/1983 s 3\n1.7.1983\n\ndeleted by 56/1984 s 7\n1.7.1984\ns 30\namended by 59/1994 Sch 2\n1.1.1995\n\nsubstituted by 31/2021 s 10\n1.12.2021\ns 31\namended by 53/1983 s 4\n1.7.1983\nPt 5 before substitution by 31/2021 \n\n\nheading\namended by 8/2005 s 5\n1.1.2007\ns 32\n\n\nbank\ndeleted by 17/1994 Sch 4 cl 7\n1.7.1994\nbank manager\ndeleted by 30/1997 s 12(a)\n3.7.1997\nmanager\ninserted by 30/1997 s 12(b)\n3.7.1997\n\namended by 33/1999 Sch (item 36)\n1.7.1999\n\ndeleted by 8/2005 s 6\n1.1.2007\npostmaster\ndeleted by 59/1998 s 13\n13.12.1998\nproclaimed bank manager\namended by 30/1997 s 12(c)\n3.7.1997\n\ndeleted by 59/1998 s 13\n13.12.1998\nproclaimed postmaster\namended by 30/1997 s 12(c)\n3.7.1997\n\ndeleted by 59/1998 s 13\n13.12.1998\nproclaimed member of the police force\namended by 30/1997 s 12(c)\n3.7.1997\n\ndeleted by 59/1998 s 13\n13.12.1998\nproclaimed manager\ninserted by 59/1998 s 13\n13.12.1998\n\ndeleted by 8/2005 s 6\n1.1.2007\nproclaimed member of the police force\ninserted by 59/1998 s 13\n13.12.1998\ns 33\n\n\ns 33(1)\namended by 30/1997 s 13(a)\n3.7.1997\n\namended by 59/1998 s 14(a)\n13.12.1998\n\namended by 8/2005 s 7(1)\n1.1.2007\ns 33(2)\namended by 30/1997 s 13(b)\n3.7.1997\n\namended by 59/1998 s 14(b)\n13.12.1998\n\namended by 8/2005 s 7(2)\n1.1.2007\ns 33(4)\ndeleted by 30/1997 s 13(c)\n3.7.1997\n\ninserted by 8/2005 s 4\n21.4.2005\n\ndeleted by 8/2005 s 7(3)\n1.1.2007\ns 33(5)\ninserted by 8/2005 s 4\n21.4.2005\n\ndeleted by 8/2005 s 7(3)\n1.1.2007\ns 34\namended by 30/1997 s 14\n3.7.1997\n\namended by 59/1998 s 15\n13.12.1998\n\ns 34 I—III redesignated as s 34(c)—(e) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\n(d) deleted by 8/2005 s 8(1)\n1.1.2007\n\namended by 8/2005 s 8(2), (3)\n1.1.2007\ns 35\namended by 30/1997 s 15\n3.7.1997\n\nsubstituted by 59/1998 s 16\n13.12.1998\n\namended by 8/2005 s 9\n1.1.2007\nPt 5\nsubstituted by 31/2021 s 11\n1.12.2021\nSch 1\ninserted by 31/2021 s 11\n1.12.2021\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (References to Banks) Act 1997\n16—Transitional\n\t(1)\tA person who was, immediately before the commencement of this Part, a proclaimed bank manager under section 33 of the principal Act will be taken to have been appointed as a proclaimed manager under that section as amended by this Act.\n\t(2)\tA reference in an Act or other instrument (whether of a statutory nature or not) to a proclaimed bank manager will be taken to be a reference to a proclaimed manager.\nHistorical versions\nReprint No 1—1.10.1991\n\nReprint No 2—1.7.1993\n\nReprint No 3—1.7.1994\n\nReprint No 4—1.1.1995\n\nReprint No 5—17.10.1996\n\nReprint No 6—3.7.1997\n\nReprint No 7—17.12.1997\n\nReprint No 8—13.12.1998\n\nReprint No 9—1.7.1999\n\nReprint No 10—7.11.2002\n\nReprint No 11—24.11.2003\n\n18.11.2004\n\n21.4.2005\n\n1.1.2007\n\n18.1.2007\n\n23.5.2017\n\n1.7.2017\n\n1.10.2020\n\n1.1.2021\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope has been changed since the original 1936 text by multiple amendments that modernised and expanded delegated implementation mechanisms, updated authorised persons, and revised procedural detail. Notable scope changes recorded in the legislative history include substitution of section 25 by Statutes Amendment (Oaths (Miscellaneous) Amendment) Act 2021 (see note: 's 25 substituted by 31/2021 s 5'), insertion of section 27A for affidavit requirements (s 27A inserted by 31/2021 s 8), and substitution of Part 5 by 31/2021 s 11. The list and categories of persons authorised to take declarations and affidavits were updated by insertion of Schedule 1 (inserted by 31/2021 s 11) and earlier amendments expanded and clarified the class of Commissioners for taking affidavits (s 28 amendments across 1983, 1996, 2004, 2017, 2016, 2020 as noted in the history). The Ministerial code powers (s 33) and regulation-making powers (s 37) have been amended over time to allow varying application, exemptions and delegated decision-making. These changes shifted practical implementation from fixed statutory forms to a mix of statutory provisions and subordinate instruments, altering administrative responsibility and operational detail while retaining the Act's core purpose of governing oaths, affirmations, declarations and affidavits."},"complexity_factors":["Multiple instrument types covered (oaths, affirmations, statutory declarations, affidavits) with different procedural and evidentiary rules (Parts 2–4).","Delegation to subordinate instruments: Ministerial codes of practice (s 33) and Governor-made regulations (s 37) that can vary requirements and grant exemptions.","Interplay with court rules and regulations (s 27A(1)(a)(ii)) and precedence rules where inconsistencies arise (s 27A(2)).","Criminal offences with differing maximum penalties and contexts (false statutory declaration s 27; false affidavit s 30; unauthorised taking s 35) requiring interpretive care.","Lists of authorised persons in Schedule 1 and power to add classes by regulation (Schedule 1; s 37), creating operational dependence on updated subordinate instruments.","Saving provisions and cross-Act effects (ss 21, 22, 23, 24, 34) that preserve other statutory forms and create conditional applicability.","Minor-non-compliance tolerance (s 32) which introduces fact-specific validity inquiries in disputes.","Historical and incremental amendments reflected in the legislative history that alter scope and application over time (various amendment notes)."],"plain_english_summary":"What this law does (mechanically):\n\n- It sets out standard forms and procedural rules for oaths, affirmations, statutory declarations and affidavits used in South Australia. It prescribes who must take particular oaths (for example the Governor, Ministers, members of the Executive Council and judicial officers) and the text of those oaths (ss 5–11, 12).\n\n- It allows people to make an affirmation instead of taking a religious oath (s 13–15) and requires that, where an oath would otherwise be required for membership of a body or as a condition of employment, a declaration may be taken instead (s 18).\n\n- It creates a regime for statutory declarations: which procedural rules and codes apply, who may take them (Schedule 1 cl 1), when fees are payable (s 26), and a criminal offence for wilfully making a false declaration (s 27).\n\n- It sets rules for affidavits, including that affidavits must meet regulatory and court-rule requirements and may be taken only by authorised persons (s 27A, s 28; Schedule 1 cl 2). It creates an offence for making false statements in affidavits (s 30) and requires the Supreme Court to take judicial notice of authorised signatures (s 31).\n\n- It gives the Minister power to publish codes of practice for statutory declarations and affidavits (s 33) and gives the Governor power to make regulations for the Act (s 37). Those instruments can include exemptions and may delegate decision-making to the Minister or another prescribed authority (s 33(2)(c); s 37(2)(c)).\n\n- It contains enforcement and protective provisions: penalties for false declarations/affidavits (ss 27, 30), penalties for unauthorised persons taking oaths/declarations (s 35), an immunity for authorised persons acting honestly (s 36), and a rule that minor inadvertent non‑compliance does not invalidate an instrument (s 32).\n\nWho is affected and how:\n\n- Office-holders required to take oaths: the Governor (s 5), members of the Executive Council (s 6), Ministers and Parliamentary Secretaries in specified cases (s 6A), and judicial officers before they discharge official duties (s 7). Failure to take a required oath or affirmation results in vacating or disqualification from the office (s 16).\n\n- People and organisations that rely on or require oaths or declarations: private bodies that would otherwise require an oath as a condition of membership or employment (s 18); persons making statutory declarations or affidavits (ss 25, 27A); and persons authorised to take them (Schedule 1).\n\n- Officials who take oaths, declarations or affidavits: commissioners, justices of the peace, police officers (not probationary constables), notaries and any class prescribed by regulation (Schedule 1). Those authorised persons are protected from civil or criminal liability for honest acts or omissions (s 36) but may commit offences if they knowingly take instruments without authority or misrepresent their authority (s 35).\n\nWhy it matters (effects, incentives, compliance burden and decision points):\n\n- Legal effect and certainty: the Act standardises wording and formal requirements for instruments that often determine legal rights, office-holding, and evidentiary weight (ss 8–11; s 31). That standardisation reduces uncertainty about what counts as a valid oath, declaration or affidavit.\n\n- Substitution and accommodation: the Act lets individuals avoid religious language by affirming instead of swearing (s 13–15) and generally requires a declaration in lieu of an internal oath for bodies or employment (s 18). This changes the behavioural choice set for individuals (they may opt for affirmation) and constrains organisations from requiring religious oaths except where a statute expressly requires them (s 17).\n\n- Compliance costs and who pays: persons making declarations pay any fees that would have been payable for an oath or affirmation (s 26). There are criminal penalties for false statements (s 27(1): up to 4 years; s 30: up to 7 years) that impose enforcement costs concentrated on individuals who make false instruments.\n\n- Administration and discretion: the Minister and the Governor have delegated powers to publish codes of practice and make regulations (s 33; s 37). Those instruments may grant exemptions, vary application by classes of persons, and confer discretionary authority (s 33(2)(c); s 37(2)(c)). This concentrates implementation choices in executive instruments rather than the Act itself and increases reliance on subordinate instruments for practical operation.\n\n- Impact on private enterprise and internal rules: where organisations previously required oaths as a condition of membership or employment the Act substitutes declarations (s 18); so private bodies must accept the declared form. The Act also treats compliance with the formalities of other Acts as satisfied if a declaration or signature is made before an authorised person in Schedule 1 (s 34). That simplifies cross‑Act compliance but imposes a requirement to use authorised classes of person.\n\n- Risks and trade-offs: reliance on codes and regulations (ss 33, 37) creates implementation risk (changes to practical requirements can come by notice). The Act limits invalidation for minor non‑compliance (s 32), but criminal sanctions for intentional falsehoods are substantial (ss 27, 30). Authorised persons enjoy immunity for honest acts (s 36), which reduces their personal liability exposure but leaves a legal risk for anyone who knowingly misrepresents authority (s 35).\n\nKey operational points (who decides, who pays, what changes behaviour):\n\n- Who decides: the Minister publishes codes of practice for declarations and affidavits (s 33); the Governor makes regulations (s 37); the Attorney‑General or Governor may appoint additional commissioners for affidavits (s 28(1)(e)); the Clerk of the Executive Council tenders oaths to Executive Council members (s 6(2)).\n\n- Who pays: declarants pay any fees that would have been payable if an oath or affirmation had been taken (s 26).\n\n- What changes behaviour: individuals can choose affirmation instead of a religious oath (s 13); organisations that previously required oaths must accept declarations instead (s 18); unauthorised people are deterred from acting as authorised witnesses by criminal and civil penalties (s 35), and authorised persons may rely on immunity for honest acts (s 36).\n\nPractical implementation risks and administrative burdens:\n\n- The practical requirements for statutory declarations and affidavits depend on regulations, court rules and codes of practice (s 25(1), s 27A(1)(a), s 33). Frequent variation to those instruments or inconsistencies between rules and regulations require attention by agencies and practitioners.\n\n- The Act centralises some discretion in the executive (Minister and Governor), which speeds adaptation but increases operational dependence on subordinate instruments (s 33; s 37).\n\n- The schedules defining authorised persons (Schedule 1) and the range of criminal penalties (ss 27, 30, 35) create compliance obligations for both the public and private sectors when taking or accepting these documents.\n\nSources in the Act: references in parentheses are to the relevant sections cited above (for example, s 5, s 6, s 7, s 8–12, s 13–16, s 17–22, s 23–27, s 27A, s 28, s 30–31, s 32–37, Schedule 1)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly from its original 1936 purpose of standardising oaths for public officials. Major expansions include: (1) the 1983/2021 amendments creating a comprehensive statutory declaration system for administrative use; (2) the 2021 amendments adding detailed affidavit procedures and codes of practice; (3) progressive expansion of authorised witnesses (adding conveyancers, removing bank managers and postmasters); and (4) the creation of immunity provisions and specific offences. The Act now functions as a general framework for all formal attestations in South Australia, not merely promissory oaths for officeholders."},"complexity_factors":["Multiple overlapping categories: oaths, affirmations, declarations, and affidavits with subtly different rules","Extensive cross-referencing between Parts and Schedule 1 for authorised persons","Nested conditions in section 7 regarding who can administer oaths to which judicial officers","Interaction with Imperial legislation (Statutory Declarations Act 1835) preserved in section 23","Multiple saving clauses (sections 20-22) preserving rights and powers under other laws","Regulation-making powers and codes of practice create a two-tier system of requirements","Historical baggage: retains 1936 monarch references with automatic update mechanism in section 12","Schedule-based authorisation system requiring cross-referencing between sections 25/27A and Schedule 1"],"plain_english_summary":"This South Australian law sets out the rules for making legally binding promises and statements in formal situations. It covers four main things:\n\n**1. Oaths for public officials**\nThe Act requires certain senior officeholders to swear specific oaths before they can start work. These include:\n- The Governor (oath of allegiance and official oath)\n- Members of the Executive Council and Ministers (oath of allegiance, official oath, and oath of fidelity)\n- Judges, magistrates, and justices of the peace (oath of allegiance and judicial oath)\n\nThe Act provides the exact wording for these oaths, including a clever mechanism (section 12) that automatically updates references to the current monarch—so it still says \"King Edward the Eighth\" in the text, but legally means whoever is on the throne now.\n\n**2. Alternatives to swearing religious oaths**\nPeople who have religious or conscientious objections to swearing oaths can make a \"solemn affirmation\" instead. This has the same legal effect but doesn't involve swearing to God. The Act also allows \"declarations\" (formal statements of truth) to replace oaths in many non-government contexts, such as joining professional bodies or companies.\n\n**3. Statutory declarations**\nThese are formal written statements of fact that people sign to use in administrative matters (like proving identity or confirming circumstances to government agencies). The Act specifies who can witness these declarations—lawyers, justices of the peace, police officers, conveyancers, and notaries public. Making a false statutory declaration is a serious criminal offence carrying up to 4 years in prison.\n\n**4. Affidavits**\nThese are sworn statements used in court proceedings. The Act authorises specific people (mostly legal professionals and court officers) to take affidavits, and makes it an offence to take one without authority. False statements in affidavits can result in up to 7 years imprisonment.\n\n**Why it matters:**\nThis Act underpins the integrity of public office and the legal system. It ensures that people making serious commitments—whether becoming a judge, filing a court document, or submitting a form to a government department—are bound by legal consequences if they lie. The flexibility to use affirmations and declarations rather than religious oaths makes the system inclusive for people of all faiths and none."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope change from original intent as the legislative text was not retrievable. The page returned a website error rather than the Act's content. No comparison between original and current provisions is possible from the material provided."},"complexity_factors":["No actual legislative text was provided — the source URL returned a 404 Page Not Found error","Analysis is based on general knowledge of the Act rather than its current text, limiting accuracy","The Act itself (historically) is relatively straightforward procedural legislation with low technical complexity","Any amendments since 1936 cannot be assessed without access to the current consolidated version"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not load the actual text of the *Oaths Act 1936* (South Australia). Instead, it returned a **\"Page Not Found\" error** from the South Australian legislation website, likely because the URL was created before a website update on 24 March 2026 and is now broken.\n\n**What is the Oaths Act 1936 generally about?**\n\nAs background context: the *Oaths Act 1936* (SA) is the South Australian law that governs how people formally promise to tell the truth or carry out duties honestly. This includes:\n- **Oaths** (a formal promise, often sworn on a religious text like the Bible)\n- **Affirmations** (a secular/non-religious alternative for people who don't wish to swear on religious grounds)\n- Who is authorised to administer (oversee) these promises — such as judges, magistrates, justices of the peace, and notaries public\n\nIt affects anyone who needs to sign a statutory declaration (a written statement you sign as being true), give evidence in court, or have documents witnessed officially.\n\n**⚠️ Important note:** Because the actual legislative text was not retrievable, this summary cannot reflect the specific current provisions, amendments, or detailed rules of the Act. You should access the current version directly at [legislation.sa.gov.au](https://www.legislation.sa.gov.au)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/oaths-act-1936","history":"/api/acts/oaths-act-1936/history","analysis":"/api/acts/oaths-act-1936/analysis","conflicts":"/api/acts/oaths-act-1936/conflicts","importantCases":"/api/acts/oaths-act-1936/important-cases","documents":"/api/acts/oaths-act-1936/documents"}}