{"id":"oaths-affidavits-and-declarations-act-2010","name":"Oaths, Affidavits and Declarations Act 2010","slug":"oaths-affidavits-and-declarations-act-2010","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30344,"registerId":"nt-oaths-affidavits-and-declarations-act-2010-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Oaths, Affidavits and Declarations Act 2010","content":"NORTHERN TERRITORY OF AUSTRALIA\nOATHS, AFFIDAVITS AND DECLARATIONS ACT 2010\nAs in force at 1 August 2025\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Application of Criminal Code ........................................................... 2\nPart 2 Oaths\n5 Form of oath .................................................................................... 2\n6 Content of oath ................................................................................ 3\n7 Who may administer oath ................................................................ 3\n8 How oath to be administered in court or tribunal ............................. 4\n9 How oath to be administered in other cases .................................... 5\n10 Other Acts may provide for form and administration of oath ............ 5\n11 Alternative form and administration of oath ..................................... 5\n12 Matters relating to oath in religious form .......................................... 5\nPart 3 Affidavits\n14 How affidavit to be made ................................................................. 6\n14A Electronic signatures and initials ..................................................... 7\n15 Who may witness affidavit ............................................................... 8\n16 Other Acts may provide for how affidavit to be made ...................... 8\nPart 4 Statutory and unattested declarations\n17 When declaration may be made ...................................................... 8\n18 Form of declaration.......................................................................... 9\n19 Written statutory declaration ............................................................ 9\n20 Recorded statutory declaration ...................................................... 10\n21 Unattested declarations ................................................................. 11\n21A Electronic signatures and initials ................................................... 11\n22 Other Acts may provide for how declaration to be made ............... 12\nPart 5 Commissioners for oaths\n23 Commissioners for oaths ............................................................... 12\n24 Powers of commissioner for oaths................................................. 13\n\nOaths, Affidavits and Declarations Act 2010 ii\nPart 6 Miscellaneous\n24A Minor non-compliance does not affect validity ............................... 13\n25 Counter-signing other document or notarial act done out of\nTerritory ......................................................................................... 14\n26 Evidentiary matters – facilitation of proof ....................................... 14\n27 Altering an affidavit or declaration to become false or\nmisleading ..................................................................................... 15\n28 Competence of witness unable to understand nature of oath ........ 16\n28A Witnessing by audiovisual link ....................................................... 16\n29 Regulations.................................................................................... 17\nPart 7 Repeals and transitional matters\nDivision 1 Repeals\n30 Acts repealed................................................................................. 17\nDivision 2 Transitional matters for Oaths, Affidavits and\nDeclarations Act 2010\n31 Definitions ...................................................................................... 17\n32 Commissioners for oaths ............................................................... 17\n33 Oaths, affidavits and declarations taken or made before\ncommencement ............................................................................. 18\nSchedule 1 Content of oath\nSchedule 2 Repealed Acts\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 August 2025\n____________________\nOATHS, AFFIDAVITS AND DECLARATIONS ACT 2010\nAn Act about oaths, affidavits and declarations\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Oaths, Affidavits and Declarations\nAct 2010.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\naudiovisual link means a facility (including closed-circuit\ntelevision) that enables audio and visual communication between\npersons at different places.\ncommissioner for oaths means a person who is a commissioner\nfor oaths under section 23.\nconsular official means:\n(a) an Australian Consular Officer or Australian Diplomatic Officer,\nas defined in section 2 of the Consular Fees Act 1955 (Cth); or\n(b) a person authorised, as mentioned in section 3(c) or (d) of the\nConsular Fees Act 1955 (Cth), to administer an oath.\ndefence force officer means:\n(a) an officer of the Australian Navy who holds the rank of\nLieutenant or a higher rank; or\n\nPart 2 Oaths\nOaths, Affidavits and Declarations Act 2010 2\n(b) an officer of the Australian Army who holds the rank of\nCaptain or a higher rank; or\n(c) an officer of the Australian Air Force who holds the rank of\nFlight-Lieutenant or a higher rank.\ntribunal means an individual or body, other than a court, authorised\nby law or consent of parties to take evidence on oath or otherwise\ngather information on oath.\n4 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof.\nIt also defines, or elaborates on, certain concepts commonly used in the creation\nof offences.\nPart 2 Oaths\n5 Form of oath\n(1) If, under a law in force in the Territory, a person is to take an oath,\nthe form of the oath must be one of the following, according to the\nperson's preference:\n(a) I, … [full name] …, promise ... [content of oath] ;\n(b) I, … [full name] …, swear by Almighty God [or a deity\nrecognised by the person's religion] … [content of oath] … So\nhelp me God! [or as appropriate].\n(2) If an oath is to be taken by a person (person A), the person\nadministering the oath must:\n(a) inform person A that he or she can choose the form of the\noath, unless satisfied person A already knows of that choice;\nand\n(b) ask person A to choose his or her preferred form of oath.\n(3) Person A is taken to have chosen to take the oath in the form\nmentioned in subsection (1)(a) if:\n(a) person A refuses to make a choice; or\n(b) person A indicates he or she does not have a preference; or\n\nPart 2 Oaths\nOaths, Affidavits and Declarations Act 2010 3\n(c) the person administering the oath is satisfied it is not\nreasonably practicable for person A to take an oath in his or\nher chosen form.\n(4) The person taking the oath may insert into the words mentioned in\nsubsection (1)(a) or (b), after his or her name, his or her address or\nother identifying information.\n6 Content of oath\nThe content of the oath is to be:\n(a) if the oath is required under an Act that provides for the\ncontent of the oath – as so provided; or\n(b) if the oath is to be made by a person mentioned in Schedule 1\nand paragraph (a) does not apply – as set out in Schedule 1\nfor that person; or\n(c) in any other case – as determined by the person administering\nthe oath to be appropriate in the circumstances.\n7 Who may administer oath\n(1) An oath taken at a place in the Territory must be administered by\none of the following:\n(a) if the oath is taken by a person who is in court:\n(i) the presiding officer of the court; or\n(ii) if it is not reasonably practicable for the presiding officer\nto administer the oath – a person authorised by the\npresiding officer to do so;\n(b) if the oath is taken by a person who is before a tribunal:\n(i) if the tribunal is or is constituted by a single individual –\nthe tribunal; or\n(ii) if the tribunal is constituted by 2 or more members –\none of the sitting members of the tribunal;\n(c) if neither paragraph (a) nor (b) apply:\n(i) a justice of the peace; or\n(ii) a commissioner for oaths;\n(d) in any case – any other person authorised by an Act to\nadminister the oath.\n\nPart 2 Oaths\nOaths, Affidavits and Declarations Act 2010 4\n(2) An oath taken at a place outside the Territory for the purposes of a\nmatter in the Territory must be administered by one of the following:\n(a) a person who has authority, under the law of the place, to\nadminister an oath, take an affirmation or carry out a\ncomparable process;\n(b) a consular official who is performing official functions at the\nplace;\n(c) if the person taking the oath is a member of the Australian\nDefence Force – a defence force officer;\n(d) any other person authorised by an Act to administer the oath.\n8 How oath to be administered in court or tribunal\n(1) If an oath is to be taken by a person (person A) who is in court or\nbefore a tribunal, the person administering the oath is to ask\nperson A:\n(a) if the oath is to be taken in the form mentioned in\nsection 5(1)(a) – \"Do you, … [full name] …, promise …\n[content of oath] ?\"; or\n(b) if the oath is to be taken in the form mentioned in\nsection 5(1)(b) – \"Do you, … [full name] …, swear by\nAlmighty God [or other deity] … [content of oath] … So help\nyou God! [or as appropriate]?\".\n(2) Person A takes the oath if he or she gives an unconditional\naffirmative answer.\n(3) If the oath is taken in the form mentioned in section 5(1)(b) the\nwords \"So help me God!\" [or as appropriate] are taken to be an\nunconditional affirmative answer.\n(4) Person A is taken to have refused to take the oath if he or she:\n(a) gives any other answer; or\n(b) refuses to answer.\n(5) The person administering the oath may insert into the words\nmentioned in subsection (1)(a) or (b), after the name of the person\ntaking the oath, that person's address or other identifying\ninformation.\n\nPart 2 Oaths\nOaths, Affidavits and Declarations Act 2010 5\n9 How oath to be administered in other cases\n(1) If an oath is to be taken by a person (person A) who is not in court\nor before a tribunal, the person administering the oath (person B)\nis to require person A, in the presence of person B, to say aloud the\nwords of the oath either by repeating them after person B or by\nreading them.\n(2) For subsection (1), person A may take an oath in the physical\npresence of person B or by audiovisual link with person B.\nNote for section 9\nIf person A is unable to say the words aloud, the oath may be administered in a\ndifferent way under section 11.\n10 Other Acts may provide for form and administration of oath\n(1) Sections 5 to 9 do not affect any other Act that expressly provides:\n(a) for a person to take an oath in a different form; or\n(b) for an oath to be administered by a different person; or\n(c) for an oath to be administered in a different way.\n(2) However if, under another Act, a person is required to take an oath\nin a form that involves a reference to God or otherwise has any\nreligious connotations, the person may choose to take the oath in\nthe form provided by section 5(1)(a) instead.\n(3) If another Act provides for a different form of oath but does not\nprovide for how it is to be administered, the oath is to be\nadministered as nearly as practicable in a way provided by\nsection 8 or 9 (as appropriate).\n11 Alternative form and administration of oath\nDespite any requirement under this Act to take or administer an\noath in a certain manner, a person taking an oath (person A) may\ntake the oath in any form, or have it administered in any way,\nperson A wants if the person administering the oath is satisfied\nperson A:\n(a) understands the consequences of taking an oath; and\n(b) is taking the oath honestly and in good faith intending to be\nbound by it.\n12 Matters relating to oath in religious form\n(1) It is not necessary that a religious text be used in taking an oath.\n\nPart 3 Affidavits\nOaths, Affidavits and Declarations Act 2010 6\n(2) The fact that at the time of taking an oath a person did not have a\nreligious belief, or did not have a religious belief of a particular kind,\ndoes not affect the validity of the oath.\nPart 3 Affidavits\n14 How affidavit to be made\n(1) An affidavit for any purpose in the Territory must be made in\naccordance with this section.\n(2) The affidavit must set out the full name of the person making it.\n(3) The affidavit must conclude with a statement:\n(a) that the affidavit is made by the person making it in the\npresence, whether physically or by audiovisual link, of an\nauthorised witness; and\n(b) setting out the place where, and the date when, the affidavit is\nmade.\n(4) An attachment to the affidavit must include on its front page a\nstatement identifying it as the attachment referred to in the affidavit.\n(5) The person making the affidavit must:\n(a) sign the affidavit immediately after the statement required by\nsubsection (3); and\n(b) sign each other page of the affidavit; and\n(c) sign or initial any alteration made to the affidavit; and\n(d) in the presence of an authorised witness, whether physically\nor by audiovisual link, state on oath, that:\n(i) the person is the person named as the maker of the\naffidavit; and\n(ii) the contents of the affidavit are true; and\n(iii) the signature is the person's; and\n(iv) if necessary, any attachment to the affidavit is the\nattachment referred to in it.\nNote for subsection (5)\nSubsection (5)(a), (b) and (c) need not be complied with in the presence of an\nauthorised witness.\n\nPart 3 Affidavits\nOaths, Affidavits and Declarations Act 2010 7\n(6) After the person making the affidavit has complied with\nsubsection (5)(d), the authorised witness must:\n(a) under or near the statement required by subsection (3):\n(i) sign the affidavit; and\n(ii) write the authorised witness's:\n(A) full name; and\n(B) qualification as an authorised witness; and\n(C) address or telephone number; and\n(b) sign each other page of the affidavit; and\n(c) sign or initial any alteration made to the affidavit that has been\nsigned or initialled by the maker; and\n(d) for any attachment identified under subsection (5)(d)(iv) – sign\nor initial the attachment under or near the statement required\nby subsection (4).\n(6A) If a person makes an oath under subsection (5)(d) by audiovisual\nlink:\n(a) the authorised witness may use a scanned or electronic copy\nof the affidavit for the purposes of complying with the\nrequirements of subsection (6); and\n(b) the person's affidavit must, in addition to any other\nrequirement for making an affidavit, include a statement:\n(i) specifying the manner of the making of the oath; and\n(ii) whether a scanned or electronic copy of the affidavit was\nused in accordance with paragraph (a).\n(7) In this section:\nauthorised witness, for an affidavit, means a person who is\nauthorised under section 15 to witness the affidavit.\n14A Electronic signatures and initials\nA requirement under this Part for a person making an affidavit or an\nauthorised witness to sign or initial an affidavit or an attachment to\nthe affidavit is satisfied if the person or the authorised witness signs\nor initials the affidavit or attachment by electronic means.\n\nPart 4 Statutory and unattested declarations\nOaths, Affidavits and Declarations Act 2010 8\n15 Who may witness affidavit\n(1) An affidavit made at a place in the Territory must be witnessed by\none of the following:\n(a) a justice of the peace;\n(b) a commissioner for oaths;\n(c) any other person authorised by an Act to witness the affidavit.\n(2) An affidavit made at a place outside the Territory must be\nwitnessed by one of the following:\n(a) a person who has authority under the law of the place:\n(i) to administer an oath, take an affirmation or carry out a\ncomparable process; or\n(ii) to witness the making of an affidavit or comparable\ndocument;\n(b) a consular official who is performing official functions at the\nplace;\n(c) if the person making the affidavit is a member of the Australian\nDefence Force – a defence force officer;\n(d) any other person authorised by an Act to witness the affidavit.\n16 Other Acts may provide for how affidavit to be made\nSections 14 and 15 do not affect any other Act that expressly\nprovides for an affidavit:\n(a) to be made in a different way; or\n(b) to be witnessed by a different person.\nPart 4 Statutory and unattested declarations\n17 When declaration may be made\n(1) A person may make a statutory declaration or unattested\ndeclaration about any matter at any time.\n(2) Subsection (1) does not affect:\n(a) any other Act that requires a person to make a statutory\ndeclaration or unattested declaration about a matter; or\n\nPart 4 Statutory and unattested declarations\nOaths, Affidavits and Declarations Act 2010 9\n(b) any law in force in the Territory as to the purposes for which a\nstatutory declaration or unattested declaration may be used.\n18 Form of declaration\n(1) If a person is to make a statutory declaration or unattested\ndeclaration, the form of the declaration must be the words \"I, … [full\nname] …, solemnly and sincerely declare …\" followed by the\ncontent of the declaration.\n(2) A statutory declaration must be made:\n(a) in writing under section 19; or\n(b) as a recording under section 20.\n(3) An unattested declaration must be made in writing under\nsection 21.\n(4) A person making a statutory declaration or unattested declaration\nmay insert into the words mentioned in subsection (1), after his or\nher name, his or her address or other identifying information.\n19 Written statutory declaration\n(2) A written statutory declaration must conclude with a statement:\n(a) that the declaration is true; and\n(b) to the effect that the person making the declaration knows it is\nan offence to make a statutory declaration that is false in any\nmaterial particular; and\n(c) setting out the place where, and the date when, the\ndeclaration is made.\n(3) An attachment to the statutory declaration must include on its front\npage a statement identifying it as the attachment referred to in the\ndeclaration.\n(4) The person making the declaration must, in the presence (whether\nphysically or by audiovisual link) of an adult witness:\n(a) sign the declaration immediately after the statement required\nby subsection (2); and\n(b) for any attachment to the declaration – identify it to the witness\nas the attachment referred to in the declaration.\n\nPart 4 Statutory and unattested declarations\nOaths, Affidavits and Declarations Act 2010 10\n(5) After the person making the declaration has complied with\nsubsection (4), the witness must:\n(a) under or near the maker's signature:\n(i) sign the declaration; and\n(ii) write the witness's:\n(A) full name; and\n(B) address or telephone number; and\n(b) for any attachment identified under subsection (4)(b) – sign or\ninitial the attachment under or near the statement required by\nsubsection (3).\n(6) If a person is making a statutory declaration by audiovisual link:\n(a) the witness may use a scanned or electronic copy of the\ndeclaration for the purposes of complying with subsection (5);\nand\n(b) the declaration must, in addition to any other requirement for a\ndeclaration, include a statement:\n(i) specifying the manner of the making of the declaration;\nand\n(ii) whether a scanned or electronic copy of the declaration\nwas used in accordance with paragraph (a).\n20 Recorded statutory declaration\n(1) A statutory declaration may be made as an audio or audiovisual\nrecording of any kind.\n(3) The person making the declaration must make a statement at the\nend of the recording:\n(a) that the declaration is true; and\n(b) to the effect that the person knows it is an offence to make a\nstatutory declaration that is false in any material particular;\nand\n(c) setting out the place where, and the date when, the statement\nrequired by this subsection is recorded.\n\nPart 4 Statutory and unattested declarations\nOaths, Affidavits and Declarations Act 2010 11\n(4) The statement required by subsection (3) must be recorded in the\npresence, whether physically or by audiovisual link, of an adult\nwitness.\nNote for subsection (4)\nThe witness does not have to be present for the making of the rest of the\ndeclaration recording.\n(5) After the person making the declaration has recorded the statement\nrequired by subsection (3), the witness must make a statement, at\nthe end of the recording, stating:\n(a) the witness's full name and address or telephone number; and\n(b) that the witness witnessed the recording of the statement\nrequired by subsection (3).\n21 Unattested declarations\n(2) An unattested declaration must conclude with a statement:\n(a) that the declaration is true; and\n(b) to the effect that the person making the declaration knows it is\nan offence to make a declaration that is false in any material\nparticular; and\n(c) setting out the place where, and the date when, the\ndeclaration is made.\n(3) The person making the declaration must sign the declaration.\nNote for section 21\nAn unattested declaration does not have to be witnessed.\n21A Electronic signatures and initials\nA requirement under this Part for a person making a statutory\ndeclaration or unattested declaration or a witness to sign or initial a\nstatutory declaration or an attachment to a statutory declaration is\nsatisfied if the person or the witness signs or initials the statutory\ndeclaration (including any attachment) or the unattested declaration\nby electronic means.\n\nPart 5 Commissioners for oaths\nOaths, Affidavits and Declarations Act 2010 12\n22 Other Acts may provide for how declaration to be made\nSections 18, 19, 20, 21 and 21A do not affect any other Act that\nexpressly provides for:\n(a) a statutory declaration or unattested declaration to be made in\na different way; or\n(b) a statutory declaration to be witnessed by a particular person\nor class of persons.\nPart 5 Commissioners for oaths\n23 Commissioners for oaths\n(1) Each of the following is a commissioner for oaths:\n(a) a member of the Legislative Assembly;\n(b) a member of the Commonwealth Senate who represents the\nTerritory;\n(c) a member of the Commonwealth House of Representatives\nwho represents an electorate in the Territory;\n(d) a legal practitioner;\n(e) a police officer;\n(f) a person appointed under subsection (2).\n(2) The Minister may, in writing, appoint a person to be a commissioner\nfor oaths for a period specified in the appointment and not\nexceeding 5 years.\n(3) The Minister must not appoint a person under subsection (2) unless\nthe Minister is satisfied that the person is a fit and proper person to\nbe a commissioner for oaths.\n(4) In deciding whether the person is a fit and proper person to be a\ncommissioner for oaths, the Minister must have regard to:\n(a) whether the person has been convicted of an offence in\nAustralia or a foreign country, and if so:\n(i) the nature of the offence; and\n(ii) how long ago the offence was committed; and\n(iii) the person's age when the offence was committed; and\n\nPart 6 Miscellaneous\nOaths, Affidavits and Declarations Act 2010 13\n(b) any other matter the Minister considers relevant to the\ndecision.\n24 Powers of commissioner for oaths\n(1) A commissioner for oaths may do any of the following for a law of\nthe Territory:\n(a) administer an oath;\n(b) witness an affidavit;\n(c) attest the execution of any other document.\n(2) After attesting the execution of a document, a commissioner for\noaths must:\n(a) sign the document; and\n(b) write the commissioner's:\n(i) full name; and\n(ii) qualification as a commissioner for oaths; and\n(iii) address or telephone number.\n(3) If a commissioner for oaths is attesting the execution of a document\nby audiovisual link, the commissioner may use a scanned or\nelectronic copy of the document for the purposes of complying with\nthe requirements of subsection (2).\n(4) A requirement under subsection (2) for a commissioner for oaths to\nsign a document is satisfied if the commissioner signs the\ndocument by electronic means.\nPart 6 Miscellaneous\n24A Minor non-compliance does not affect validity\n(1) Inadvertent non-compliance with a formal requirement that does not\nmaterially affect the nature of an oath, affidavit, statutory\ndeclaration or unattested declaration does not invalidate or\notherwise affect the force and effect of the oath, affidavit or\ndeclaration.\n\nPart 6 Miscellaneous\nOaths, Affidavits and Declarations Act 2010 14\n(2) In this section:\nformal requirement means a requirement imposed by this or any\nother Act about the form or content of an oath, affidavit or\ndeclaration or how it is to be administered or made.\n25 Counter-signing other document or notarial act done out of\nTerritory\n(1) If a person makes a relevant document at a place outside the\nTerritory, the document may be counter-signed by any person who\ncould, under section 15(2), witness the document if it were being\nmade as an affidavit.\n(1A) A person may counter-sign a document by audiovisual link or other\nelectronic means.\n(2) If it is necessary for any purpose in the Territory for a notarial act to\nbe done at a place outside the Territory, the notarial act may be\ndone by any person who could, under section 15(2), witness, in\nperson or by audiovisual link, the making of an affidavit at the place\nby the person for whom the notarial act is to be done.\n(3) In this section:\ncounter-sign, for a document, means:\n(a) witness the execution of the document; or\n(b) verify or acknowledge the document; or\n(c) otherwise sign the document in a capacity other than as the\nmaker of the document.\nnotarial act, for a place outside the Territory, means anything a\nnotary public may do at the place under any law, custom or\notherwise.\nrelevant document means a document that is required under an\nAct, or for any other purpose in the Territory, to be counter-signed.\n26 Evidentiary matters – facilitation of proof\nIt is presumed, unless the contrary is proved, that:\n(a) an affidavit purporting to have been witnessed in accordance\nwith sections 14 and 15 was so witnessed; and\n(b) a document purporting to have been attested by a\ncommissioner for oaths was so attested; and\n\nPart 6 Miscellaneous\nOaths, Affidavits and Declarations Act 2010 15\n(c) a relevant document, as defined in section 25, purporting to\nhave been counter-signed in accordance with that section was\nso counter-signed.\n27 Altering an affidavit or declaration to become false or\nmisleading\n(1) A person must not do anything to an affidavit, statutory declaration\nor unattested declaration that results in it becoming false or\nmisleading.\nFault elements:\nThe person:\n(a) intentionally does the thing; and\n(b) in doing the thing, intends the affidavit or declaration to\nbecome false or misleading.\nMaximum penalty: 400 penalty units or imprisonment for\n4 years.\n(2) A person must not do anything to an affidavit, statutory declaration\nor unattested declaration that results in it becoming false or\nmisleading.\nFault elements:\nThe person:\n(a) intentionally does the thing; and\n(b) in doing the thing, is reckless as to whether the affidavit or\ndeclaration becomes false or misleading.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) If on the trial of a person charged with an offence against\nsubsection (1) the trier of fact is not satisfied the person committed\nthe offence but is satisfied the person committed an offence against\nsubsection (2):\n(a) the trier of fact may find the person not guilty of the offence\ncharged but guilty of the offence under subsection (2); and\n(b) the person is liable to punishment accordingly.\n\nPart 6 Miscellaneous\nOaths, Affidavits and Declarations Act 2010 16\n28 Competence of witness unable to understand nature of oath\n(1) This section applies if:\n(a) a person (the witness) is required to give evidence on oath\nbefore a court or tribunal; and\n(b) the court or tribunal is satisfied the witness is incapable of\nunderstanding the nature of an oath; and\n(c) the court or tribunal is satisfied the witness:\n(i) if at least 14 years of age – understands he or she may\nbe punished if he or she gives evidence that is false; or\n(ii) if under 14 years of age – is capable of giving an\nintelligible account of his or her experience.\n(2) The court or tribunal may permit the witness to give evidence\nwithout taking an oath.\n(3) Evidence given under subsection (2) is taken to have been given on\noath.\n(4) This section does not affect any rule of law or practice relating to\nthe corroboration of evidence.\n(5) This section also applies with any necessary changes to a person\nwho is to act as an interpreter in a court or tribunal.\n28A Witnessing by audiovisual link\n(1) A requirement under this Act for the presence of a witness may be\nmet by the witness being present by audiovisual link.\n(2) If a witness is present by audiovisual link, the following\nrequirements must be met:\n(a) if a person is required to sign a document in the presence of a\nwitness:\n(i) the witness sees the person sign the document; and\n(ii) the witness must be reasonably satisfied that the\ndocument the witness signs is the same document or a\ncopy of the document that the person signed;\n\nPart 7 Repeals and transitional matters\nDivision 2 Transitional matters for Oaths, Affidavits and Declarations Act 2010\nOaths, Affidavits and Declarations Act 2010 17\n(b) if a person is required to take an oath – the witness is able to\nhear the oath being taken by the person.\nNote for subsection (2)(b)\nIf the person is unable to say the oath aloud, the oath may be administered in a\ndifferent way under section 11.\n(3) In this section:\nwitness includes the following:\n(a) an authorised witness;\n(b) an adult witness;\n(c) a commissioner for oaths;\n(d) a justice of the peace.\n29 Regulations\nThe Administrator may make regulations under this Act.\nPart 7 Repeals and transitional matters\nDivision 1 Repeals\n30 Acts repealed\nThe Acts specified in Schedule 2 are repealed.\nDivision 2 Transitional matters for Oaths, Affidavits and\nDeclarations Act 2010\n31 Definitions\nIn this Division:\ncommencement means the commencement of section 30.\nrepealed Act means the Oaths Act 1939 as in force from time to\ntime before the commencement.\n32 Commissioners for oaths\n(1) This section applies to a person who was a Commissioner for\nOaths under section 17(2) of the repealed Act immediately before\nthe commencement.\n\nPart 7 Repeals and transitional matters\nDivision 2 Transitional matters for Oaths, Affidavits and Declarations Act 2010\nOaths, Affidavits and Declarations Act 2010 18\n(2) The person continues to be a commissioner for oaths until the end\nof the person's term of appointment under the repealed Act as if the\nperson had been appointed under section 23(2) of this Act.\n33 Oaths, affidavits and declarations taken or made before\ncommencement\nAn oath, affidavit or declaration sworn or made before the\ncommencement is as valid and effective after the commencement\nas it would have been had this Act and the Oaths, Affidavits and\nDeclarations (Consequential Amendments) Act 2010 not\ncommenced.\n\nSchedule 1 Content of oath\nOaths, Affidavits and Declarations Act 2010 19\nSchedule 1 Content of oath\nsection 6(b)\nPerson taking oath Content of oath\n1. Person who is to give evidence\non oath in court\n… to tell the truth to this court.\n2. Person who is to give evidence\non oath before a tribunal\n… to tell the truth [to this tribunal\nto this Board\nat this hearing\netc., as appropriate].\n3. Person who is to answer\nquestions put by a tribunal\nconducting an investigation or\nexamination\n… to answer truthfully all questions\nput to me [by the tribunal\nby the Board\nat this hearing\netc., as appropriate].\n4. Person who is to act as\ninterpreter in court or tribunal\n… to well and truly interpret the evidence\nto be given by [name of person for whom\ninterpreter is to interpret] and do all other\nmatters and things required of me in\nthis case to the best of my ability.\n5. Person making affidavit … that: [as required by section 14(5)(d)].\n6. Person taking oath of office … to perform the functions of the office of\n[name of office] lawfully, impartially and\nin good faith.\nNote for Schedule 1\nSchedule 1 sets out the content of an oath for when the oath is recited in the first\nperson by the person taking the oath. If an oath is recited in the third person by\nthe person administering it, any necessary changes may be made to the content\nof the oath.\n\nSchedule 2 Repealed Acts\nOaths, Affidavits and Declarations Act 2010 20\nSchedule 2 Repealed Acts\nsection 30\nOaths Ordinance 1939 Act No. 23 of 1939\nOaths Ordinance 1952 Act No. 2 of 1952\nOaths Ordinance 1953 Act No. 13 of 1953\nOaths Ordinance 1960 Act No. 14 of 1960\nOaths Ordinance 1965 Act No. 34 of 1965\nOaths Ordinance 1967 Act No. 24 of 1967\nOaths Ordinance 1970 Act No. 63 of 1970\nOaths Ordinance 1978 Act No. 22 of 1978\nOaths Amendment Act 1981 Act No. 35 of 1981\nOaths Amendment Act 1988 Act No. 39 of 1988\nOaths Amendment Act 1989 Act No. 1 of 1989\nOaths Amendment Act 1991 Act No. 49 of 1991\nOaths Amendment Act 1993 Act No. 81 of 1993\nOaths Amendment Act 1994 Act No. 15 of 1994\nOaths Amendment Act 2000 Act No. 47 of 2000\n\nENDNOTES\nOaths, Affidavits and Declarations Act 2010 21\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nOaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (Gaz G7, 16 February 2011, p 4)\nJustice and Other Legislation Amendment Act 2012 (Act No. 2, 2012)\nAssent date 21 March 2012\nCommenced pts 2, 3 and 5 to 7: 1 August 2012; rem: 1 September 2012\n(Gaz G29, 18 July 2012, p 7)\nJustice Legislation Amendment (Electronic Documents) Act 2022 (Act No. 2, 2022)\nAssent date 1 March 2022\nCommenced 2 March 2022 (s 2)\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 31.\n4 LIST OF AMENDMENTS\ns 3 amd No. 2, 2022, s 22\ns 5 amd No. 2, 2012, s 17\ns 8 amd No. 2, 2012, s 18\ns 9 sub No. 2, 2022, s 23\ns 11 amd No. 2, 2022, s 24\ns 13 rep No. 2, 2012, s 19\n\nENDNOTES\nOaths, Affidavits and Declarations Act 2010 22\ns 14 amd No. 2, 2022, s 25\ns 14A ins No. 2, 2022, s 26\ns 18 amd No. 2, 2012, s 20\ns 19 amd No. 2, 2012, s 21; No. 2, 2022, s 27\ns 20 amd No. 2, 2012, s 22; No. 2, 2022, s 28\ns 21 amd No. 2, 2012, s 23\ns 21A ins No. 2, 2022, s 29\ns 22 amd No. 2, 2022, s 30\ns 23 amd No. 14, 2025, s 21\ns 24 amd No. 2, 2022, s 31\ns 24A ins No. 2, 2012, s 24\ns 25 amd No. 2, 2022, s 32\ns 28A ins No. 2, 2022, s 33\ns 34 exp No. 39, 2010, s 3494)\nsch 1 amd No. 2, 2012, s 25","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Since its original enactment and the repeal of older Oaths Ordinances, the Act has been amended to expressly recognise electronic and remote methods and to clarify procedural details. Notable scope changes in the reprinted text include explicit authorisation of audiovisual witnessing and remote witnessing practices (ss9(2), 28A), allowance for scanned or electronic copies and electronic signatures for makers, witnesses and commissioners (ss14A, 21A, 24(3)), provision for statutory declarations as audio/audiovisual recordings (s20), and a formal minor‑non‑compliance carve‑out (s24A). The Ministerial power to appoint commissioners and the criteria for appointment are set out (s23), reflecting an updated administrative framework. These amendments expand the practical means by which oaths, affidavits and declarations may be made and witnessed compared with the older, purely in‑person regime reflected in the repealed Acts (Part 7, ss30–33; Schedule 2)."},"complexity_factors":["Multiple execution modes permitted (physical presence, audiovisual link, recorded audio/video, scanned/electronic copies) requiring cross‑references across several sections (ss9, 14(6A), 19(6), 20, 21A, 24(3), 28A).","Detailed formalities for affidavits and declarations (sign each page, statements of truth, attachments identification, witness contact details) that create procedural steps to follow (ss14, 19).","Criminal offence structure with distinct fault elements and layered penalties for intentional and reckless conduct (s27).","Ministerial appointment discretion for commissioners with broadly framed \"fit and proper\" criteria that require administrative judgment (s23(2)–(4)).","Evidentiary presumptions and a permissive minor non‑compliance rule that leave judicial assessment of materiality (ss26, 24A).","Transitional and repeal provisions linking the new Act to earlier Acts and appointments (Part 7, ss30–33; Schedule 2), which require attention when dealing with legacy instruments and appointments."],"plain_english_summary":"**What this law does (mechanically)\n\n- Sets standard words and procedures for taking oaths, making affidavits and making statutory or unattested declarations in the Northern Territory. Key provisions set the text options for oaths (s5); what the oath must cover (s6 and Schedule 1); who may administer oaths or witness affidavits or declarations (ss7, 15); and how these acts may be done in person, by audiovisual link or by electronic means (ss9, 14(6A), 19(6), 20(4), 21A, 24(3)).\n\n- Prescribes documentary formalities for affidavits and statutory declarations: identification, statements of truth, signatures on each page, attachments identified on front pages, and witness statements and contact details (ss14, 19). It also allows electronic signatures and electronic copies in specified circumstances (ss14A, 21A, 24(3)).\n\n- Authorises particular categories of people to act as commissioners for oaths and to attest documents, and gives the Minister power to appoint additional commissioners for fixed terms subject to \"fit and proper\" criteria (s23). It sets out duties and signing requirements for commissioners (s24).\n\n- Provides presumptions to facilitate proof that documents were properly witnessed or attested (s26); creates criminal offences for intentionally or recklessly altering affidavits or declarations so they become false or misleading, with specified fault elements and penalties (s27); and establishes that minor, inadvertent non-compliance with formal requirements does not affect validity if it does not materially affect the nature of the oath, affidavit or declaration (s24A).\n\n- Repeals earlier Oaths ordinances and carries transitional rules for existing commissioners and pre-commencement oaths, affidavits and declarations (Part 7, ss30–33; Schedule 2).\n\nWho is affected and who makes the key decisions\n\n- People required or choosing to take an oath, make an affidavit, or make a statutory or unattested declaration (see ss5, 14, 18–21). These people must follow the form and procedural steps set out in the Act (for example, signing each page, making required statements, identifying attachments) (ss14(2)–(6), 19(2)–(5)).\n\n- Witnesses and authorised witnesses (justice of the peace, commissioner for oaths, certain out‑of‑Territory officials, consular officials, Defence Force officers, and others authorised by law) who must verify identity, witness signatures or recordings and record contact details (ss7, 15, 19(5), 20(5), 24(2)).\n\n- The Minister decides appointments of commissioners for oaths under s23(2) and must be satisfied an appointee is \"fit and proper\", having regard to prior convictions and other matters the Minister considers relevant (s23(2)–(4)).\n\n- Courts and tribunals exercise discretion in administering oaths, judging competence of witnesses who cannot understand an oath, and applying the minor non‑compliance provision where appropriate (ss8, 28, 24A).\n\nWhy this matters (claimed purpose and how it changes behaviour)\n\n- The Act standardises language and formal steps for swearing and declaring in order to create predictable legal form and evidentiary quality (see ss5–6, 14, 18–21). It explicitly permits remote and electronic processes (audiovisual links and electronic signatures) in multiple places (e.g. ss9(2), 14(6A), 19(6), 20(4), 21A, 24(3)), which is presented in the text as an alternative to physical presence.\n\n- Mechanically, those changes reduce the need for physical presence: authorised witnesses may observe oaths or signatures by audiovisual link (s9(2), s28A), scanned or electronic copies may be used when witnesses sign (ss14(6A), 19(6), 24(3)), and whole statutory declarations can be recorded (s20). That shifts effort and costs from in‑person logistics to ensuring audio/visual access and secure electronic handling.\n\nTesting those claims against costs, incentives and trade‑offs (mechanical effects, not value judgements)\n\n- Compliance costs and behaviour: The Act keeps detailed formal requirements (signatures on each page, statements of truth, witness contact details) (ss14(5)(a)–(c), 14(6)(a)–(d), 19(2)–(5)). People making affidavits or declarations still bear the administrative task of producing properly formed documents; witnesses must verify identity and sign as prescribed (ss14–15, 19). Electronic options do not remove these tasks but change how they are performed (ss14A, 21A, 24(3)).\n\n- Incentives for remote or electronic process: Allowing audiovisual links and electronic signatures reduces the logistical burden of physical meetings for many users (ss9(2), 14A, 21A). That creates an incentive for parties to use remote technology where available. It also shifts verification duties toward witnesses (they must be satisfied the person signed/was heard; s28A(2)).\n\n- Compliance risk and implementation burden: Remote witnessing requires reliable audio/visual equipment and practices (s28A); use of scanned or electronic copies is expressly allowed but must be disclosed in the document where required (ss14(6A)(b), 19(6)(b)). Those requirements mean parties must keep records and include statements about the manner of making the document (ss14(6A)(b)(i)–(ii), 19(6)(b)(i)–(ii), 20(3)–(5)).\n\n- Enforcement and deterrence: The Act sets criminal penalties for intentionally or recklessly altering a sworn document so it becomes false or misleading, with distinct fault elements and maximum penalties (s27). That allocates enforcement to the criminal justice system and creates deterrent costs for intentional misconduct.\n\n- Discretion and administrative control: The Minister holds discretion to appoint commissioners for oaths subject to a \"fit and proper\" test that requires consideration of convictions and other matters the Minister thinks relevant (s23(2)–(4)). This centralises appointment control while leaving the criteria broadly framed.\n\nConcentrated benefits and diffuse costs (mechanism‑based observation)\n\n- The procedural clarifications and acceptance of electronic and recorded forms tend to benefit people and institutions that rely on remote execution (lawyers, litigants in remote locations, agencies accepting declarations) because they lower travel/time costs (ss9, 14A, 21A, 20). The costs of adapting systems, ensuring secure witnessing and maintaining records fall on declarants, witnesses and institutions receiving documents (ss14–15, 19, 24).\n\nImplementation risks and opportunity costs\n\n- Institutions and individuals must adopt practices for audiovisual witnessing, maintain proof of how a document was made (required statements in ss14(6A), 19(6), 20(3)), and ensure witnesses can satisfy their visual/hearing checks (s28A(2)). These are implementation and record‑keeping costs.\n\n- The minor‑noncompliance rule (s24A) reduces the chance that purely formal mistakes void documents, which may lower litigation over technical defects but leaves open judicial assessment of what \"materially affects\" the nature of the instrument.\n\nKey sections to look at for practice\n\n- Oath wording and choice: s5\n- Content of oath and examples: s6 and Schedule 1\n- Who may administer and who may witness: ss7, 15\n- Affidavit form and audiovisual procedures: s14 and s14A\n- Statutory declarations (written, recorded, unattested) and electronic signatures: ss18–21, s21A\n- Commissioners for oaths and appointments: s23; powers and signing: s24\n- Minor non‑compliance safe harbour: s24A\n- Offence for altering sworn documents: s27\n- Audiovisual witnessing requirements: s28A\n\nThis summary describes how the Act operates and the concrete effects it creates on behaviour, decision points and administrative burdens. It attributes the Act's enabling of electronic and remote alternatives to the relevant sections and then outlines the direct trade‑offs those alternatives introduce (verification, record‑keeping, and witness responsibilities)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2010 scope. Originally focused on traditional paper-based oaths and affidavits requiring physical presence, it has grown to encompass: (1) electronic signatures and initials (sections 14A, 21A, 24(4)); (2) audiovisual link witnessing for oaths, affidavits and declarations (sections 9, 14, 19, 20, 25, 28A); (3) recorded statutory declarations as audio/video (section 20); and (4) minor non-compliance provisions (section 24A). The 2022 amendments in particular transformed this from a traditional 'wet ink' statute into a hybrid digital-physical framework. The repeal of 14 previous Ordinances and Acts (Schedule 2) also consolidated scattered historical provisions into this single modern statute."},"complexity_factors":["Multiple overlapping categories (oaths, affidavits, statutory declarations, unattested declarations) with similar but distinct requirements","Conditional logic for different scenarios: in-court vs out-of-court, within Territory vs outside Territory, physical presence vs audiovisual link","18 defined terms in section 3, including specific military rank requirements for defence force officers","Cross-references between Parts (e.g., section 6 references Schedule 1; section 25 references section 15)","Nested exceptions: section 10 preserves other Acts' provisions, but subsection 10(2) creates an exception to those exceptions for religious oaths","Multiple amendment layers visible in endnotes (2012, 2022, 2025) showing evolving requirements, particularly for electronic processes","Fault elements and alternative verdicts in offence provisions (section 27) requiring criminal law knowledge"],"plain_english_summary":"This Northern Territory law sets out the rules for making legally binding promises and statements. It covers three main things:\n\n**1. Oaths (sworn promises)**\n- People can choose between a religious oath (swearing to God) or a non-religious promise\n- Specific people can administer oaths: judges, tribunal members, justices of the peace, commissioners for oaths, and certain officials overseas\n- There are special rules for how oaths must be given in court versus outside court\n- People who don't understand religious oaths can use alternative forms\n\n**2. Affidavits (written statements sworn to be true)**\n- Must be signed and witnessed by an authorised person (justice of the peace, commissioner for oaths, etc.)\n- Can now be made remotely using audiovisual link (video call)\n- Electronic signatures are allowed\n- Attachments must be properly identified and signed\n\n**3. Statutory declarations (formal statements of fact)**\n- Can be made in writing or as audio/video recordings\n- Written ones must be witnessed; recorded ones need a witness for the final statement\n- \"Unattested declarations\" can be made without a witness but carry less weight\n- Electronic signatures permitted\n\n**Who it affects:** Anyone in the NT who needs to give evidence, make a formal statement for legal purposes, or verify documents. This includes witnesses in court, people signing legal documents, and professionals like lawyers and police who act as commissioners for oaths.\n\n**Why it matters:** It ensures formal statements are made properly so they can be trusted in legal proceedings, while being flexible enough to accommodate religious diversity, disability, and modern technology like video calls and electronic signatures.\n\n**Key modern updates:** The Act has been updated to allow witnessing by video link and electronic signatures, making it easier for people in remote areas or overseas to complete legal paperwork."}},"importantCases":[],"_links":{"self":"/api/acts/oaths-affidavits-and-declarations-act-2010","history":"/api/acts/oaths-affidavits-and-declarations-act-2010/history","analysis":"/api/acts/oaths-affidavits-and-declarations-act-2010/analysis","conflicts":"/api/acts/oaths-affidavits-and-declarations-act-2010/conflicts","importantCases":"/api/acts/oaths-affidavits-and-declarations-act-2010/important-cases","documents":"/api/acts/oaths-affidavits-and-declarations-act-2010/documents"}}