{"id":"a-1984-79","name":"Oaths and Affirmations Act 1984","slug":"oaths-and-affirmations-act-1984","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"79 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24006,"registerId":"act-a-1984-79-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Oaths and Affirmations Act 1984","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nOaths and Affirmations Act 1984\nA1984-79\nRepublication No 11\nEffective: 26 September 2022\nRepublication date: 26 September 2022\nLast amendment made by A2018-9\n(republication includes editorial amendments\nunder Legislation Act)\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Oaths and Affirmations Act 1984 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 September 2022.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 26 September 2022.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation Act\n2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nOaths and Affirmations Act 1984\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n5 Certain provisions subject to court rules 2\nPart 2 Form of oaths and affirmations\n6 Oath or affirmation of office 3\n6A Oaths or affirmations by members of Assembly 3\n7 Oath or affirmation by witness 3\n8 Oath or affirmation by interpreter 4\n10 Oath or affirmation by deponent to affidavit 4\nPart 3 Administration of oath or affidavit\n10A Authority to administer oath or affirmation to member of Assembly 5\n\nContents\nPage\ncontents 2 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Authority to administer oath etc 5\n12 Swearing or affirming of affidavit 6\n13 Affidavit by affirmation 6\nPart 4 Affirmations\n14 Entitlement to make affirmation 7\n15 Requirement to make affirmation 7\n16 Effect of affirmation 7\nPart 5 Manner of taking oaths and making\naffirmations\n17 Oath or affirmation by spoken words or other means 8\n18 Written evidence of oath or affirmation of office 8\n19 Affidavit by person unable to understand English 9\n20 Affidavit by illiterate or blind person 9\nPart 6 Miscellaneous\n21 Alternative form and manner for oath 10\n22 Validity of oath or affirmation 10\n23 Effect of noncompliance 10\n24 Oath or affirmation for purposes of foreign tribunal 11\n25 Oath or affirmation without authority 11\n26 Oath etc for purposes of foreign law 11\n27 Fee 12\nSchedule 1 Oath and affirmation of office 13\nSchedule 1A Oaths and affirmations by member of\nLegislative Assembly 14\nPart 1A.1 14\nPart 1A.2 15\n\nContents\nPage\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Oath and affirmation by witness 16\nSchedule 3 Oath and affirmation by interpreter 17\nSchedule 5 Oath and affirmation by deponent to affidavit 18\nDictionary 19\nEndnotes\n1 About the endnotes 20\n2 Abbreviation key 20\n3 Legislation history 21\n4 Amendment history 24\n5 Earlier republications 26\n\n\n\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nOaths and Affirmations Act 1984\nAn Act relating to oaths and affirmations\n\nPart 1 Preliminary\nSection 1\npage 2 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Oaths and Affirmations Act 1984.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Certain provisions subject to court rules\nThe following provisions of this Act are subject to rules made, and\nforms approved, under the Court Procedures Act 2004:\n• section 7 (Oath or affirmation by witness)\n• section 8 (Oath or affirmation by interpreter)\n• section 10 (Oath or affirmation by deponent to affidavit)\n• section 11 (Authority to administer oath etc)\n• section 12 (Swearing or affirming of affidavit)\n• section 13 (Affidavit by affirmation)\n• part 5 (Manner of taking oaths and making affirmations).\n\nForm of oaths and affirmations Part 2\nSection 6\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Form of oaths and affirmations\n6 Oath or affirmation of office\n(1) An oath of office to be taken by a person under a law in force in the\nACT shall, where the form of oath is not prescribed by or under that\nlaw, be in accordance with the form of oath specified in schedule 1.\n(2) Where a person is entitled or required to make an affirmation of office\ninstead of taking an oath of office and the form of affirmation is not\nprescribed by or under the relevant law, the affirmation shall be in\naccordance with the form of affirmation specified in schedule 1.\n6A Oaths or affirmations by members of Assembly\n(1) A member of the Legislative Assembly must, before taking his or her\nseat, make and subscribe either or both of the following:\n(a) an oath or affirmation in accordance with the form in\nschedule 1A, part 1A.1;\n(b) an oath or affirmation in accordance with the form in\nschedule 1A, part 1A.2.\n(2) This section has effect despite the Self-Government Act,\nsection 9 (1).\n7 Oath or affirmation by witness\n(1) An oath to be taken by a person called as a witness in a proceeding\nshall, where no other form of oath is prescribed by or under the\nrelevant law, be in accordance with the form of oath specified in\nschedule 2.\n(2) Where a person called as a witness in a proceeding is entitled or\nrequired to make an affirmation instead of taking an oath, and the\nform of affirmation is not prescribed by or under the relevant law, the\naffirmation shall be in accordance with the form of affirmation\nspecified in schedule 2.\n\nPart 2 Form of oaths and affirmations\nSection 8\npage 4 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Oath or affirmation by interpreter\n(1) An oath to be taken by a person who is an interpreter in a proceeding\nshall be in accordance with the form of oath specified in schedule 3.\n(2) Where a person who is an interpreter in a proceeding is entitled or\nrequired to make an affirmation instead of taking an oath, the\naffirmation shall be in accordance with the form of affirmation\nspecified in schedule 3.\n10 Oath or affirmation by deponent to affidavit\n(1) An oath to be taken by a deponent to an affidavit for use in a\nproceeding shall be in accordance with the form of oath specified in\nschedule 5.\n(2) Where a deponent to an affidavit for use in a proceeding is entitled or\nrequired to make an affirmation instead of taking an oath, the\naffirmation shall be in accordance with the form of affirmation\nspecified in schedule 5.\n\nAdministration of oath or affidavit Part 3\nSection 10A\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Administration of oath or\naffidavit\n10A Authority to administer oath or affirmation to member of\nAssembly\nAn oath or affirmation referred to in section 6A shall be made and\nsubscribed before the Chief Justice of the Supreme Court or a judge\nof that court authorised by the Chief Justice.\n11 Authority to administer oath etc\n(1) Subject to section 10A, an oath to be taken or affidavit to be made for\nthe purposes of a proceeding or for any other purpose under a law in\nforce in the ACT may be sworn or affirmed—\n(a) in the ACT, before a justice of the peace, a notary public for the\nACT or a legal practitioner; and\n(b) in a State or another Territory, before—\n(i) a person referred to in paragraph (a); or\n(ii) a justice of the peace of that State or Territory; or\n(iii) a notary public for that State or Territory; or\n(iv) any other person having authority to administer an oath in\nthat State or Territory; and\n(c) in any other place, before—\n(i) a person referred to in paragraph (a); or\n(ii) an Australian diplomatic or consular representative in the\ncountry in which that place is situated; or\n(iii) a notary public for that place; or\n(iv) any person having authority to administer an oath in that\nplace.\n\nPart 3 Administration of oath or affidavit\nSection 12\npage 6 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person authorised under subsection (1) to administer an oath may,\nfor any purpose for which the oath may be administered, administer\nan affirmation.\n(3) In this section:\nAustralian diplomatic or consular representative means—\n(a) an Australian consular officer under the Consular Fees Act 1955\n(Cwlth), section 2 (Interpretation); or\n(b) an Australian diplomatic officer under the Consular Fees\nAct 1955 (Cwlth), section 2; or\n(c) an employee mentioned in the Consular Fees Act 1955 (Cwlth),\nsection 3 (c) or (d) (Fees may be prescribed for consular Acts);\nor\nNote The Consular Fees Act 1955 (Cwlth), s 3 (c) and (d) mentions\nemployees of the Commonwealth and employees of the Australian\nTrade Commission authorised, in writing, by the secretary to the\nCwlth department.\n12 Swearing or affirming of affidavit\nWhere, by a law in force in the ACT, an affidavit is required or\npermitted to be made, the affidavit may be sworn or affirmed in\naccordance with part 5.\n13 Affidavit by affirmation\nWhere a deponent to an affidavit makes an affirmation under\nsection 10 (2), the form of jurat shall be varied and the necessary\nalterations shall be made so as to conform with the affirmation.\n\nAffirmations Part 4\nSection 14\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Affirmations\n14 Entitlement to make affirmation\n(1) In any case where an oath is required or permitted by law, a person is\nentitled, instead of taking such an oath, to make an affirmation.\n(2) This section has effect notwithstanding anything contained in any\nother Territory law.\n15 Requirement to make affirmation\nWhere a person required or permitted by law to take an oath—\n(a) appears to a person before whom an oath may be taken to be\nincompetent to take an oath; or\n(b) is objected to, on grounds a person before whom an oath may be\ntaken considers reasonable, as incompetent to take an oath; or\n(c) wishes to take an oath in a form and manner permitted under\nsection 21, but it is not, in the opinion of a person before whom\nan oath may be taken, reasonably practicable without\ninconvenience or delay for him to take that oath at the\nappropriate time and place;\nthe person before whom an oath may be taken may require that\nfirstmentioned person to make an affirmation instead of taking an\noath.\n16 Effect of affirmation\nAn affirmation made by a person under this part has the same effect\nfor all purposes as if that person had taken an oath.\n\nPart 5 Manner of taking oaths and making affirmations\nSection 17\npage 8 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Manner of taking oaths and\nmaking affirmations\n17 Oath or affirmation by spoken words or other means\n(1) A person taking an oath must, if the person is physically capable of\ndoing so, in the presence of the person before whom the oath is taken,\nsay the words of the oath.\n(2) A person making an affirmation shall, if the person is physically\ncapable of doing so, in the presence of the person before whom the\naffirmation is made, say the words of the affirmation.\n(3) The words of an oath or affirmation shall be spoken in the English\nlanguage or such other language as the person before whom the oath\nis taken or affirmation made allows.\n(4) A person who is incapable of speaking may express the words of an\noath or affirmation by signs or by such other means as the person\nbefore whom the oath is taken or affirmation made allows.\n18 Written evidence of oath or affirmation of office\nA person who has taken or made an oath or affirmation of office shall,\nin the presence of the person before whom the oath or affirmation was\ntaken or made, sign an instrument showing the form of that oath or\naffirmation, and the person before whom the oath or affirmation was\ntaken or made shall certify on the instrument that the oath or\naffirmation was taken or made and the date on which it was taken or\nmade.\n\nManner of taking oaths and making affirmations Part 5\nSection 19\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Affidavit by person unable to understand English\nWhere, in relation to an affidavit, an oath or affirmation is allowed to\nbe taken or made in a language other than English, the person before\nwhom the affidavit is made shall certify in or below the jurat that a\nperson whose name and address are stated in the certificate swore or\naffirmed before the firstmentioned person—\n(a) that he or she had in the presence of the firstmentioned person\ninterpreted to the deponent—\n(i) the contents of the affidavit; and\n(ii) the words of the oath or affirmation; and\n(b) that the deponent seemed to understand the affidavit and the oath\nor affirmation; and\n(c) that the deponent had sworn or affirmed that the contents of the\naffidavit so interpreted to him or her were true.\n20 Affidavit by illiterate or blind person\nWhere it appears to the person before whom an affidavit is made that\nthe deponent is illiterate or blind, the person shall certify in or below\nthe jurat that the affidavit was read in his or her presence to the\ndeponent and that the deponent seemed to understand the affidavit.\n\nPart 6 Miscellaneous\nSection 21\npage 10 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n21 Alternative form and manner for oath\n(1) Subject to sections 6A and 15 but notwithstanding any other\nprovision of this Act, where a person who is required or permitted to\ntake an oath states, in the presence of the person before whom the\noath is to be taken, that an oath taken in a form and manner other than\nthe form and manner specified in this Act would be binding on him\nor her, the oath may be taken in that form and manner.\n(2) It is not necessary that a religious text be used in taking an oath.\n22 Validity of oath or affirmation\n(1) Where a person has taken or made an oath or affirmation the person\nis required or permitted to take or make in accordance with a form\nprescribed by or under a law in force in the ACT or in any form and\nmanner that the person has stated to be binding on him or her, that\nperson is bound by the oath or affirmation for all purposes for which\nit was taken or made.\n(2) Where a person has taken an oath in accordance with this Act or\nanother law in force in the ACT, the fact that the person did not at the\nrelevant time have any religious belief or did not for any other reason\nregard the oath as binding on the person does not affect the validity\nof that oath.\n23 Effect of noncompliance\nThe validity of an oath or affirmation is not affected by reason only\nof a failure to comply with the provisions of part 2 or 5.\n\nMiscellaneous Part 6\nSection 24\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Oath or affirmation for purposes of foreign tribunal\n(1) Subject to this section, a person appointed by a foreign tribunal to\ntake evidence in the ACT for that tribunal may administer an oath or\naffirmation in the ACT for the purpose of taking that evidence.\n(2) Where an oath or affirmation to be administered under subsection (1)\nrelates to evidence to be taken for a foreign tribunal other than a court\nor a judge, the oath or affirmation shall not be administered without\nthe consent of the Minister.\n(3) Nothing in this section authorises a person to administer an oath or\naffirmation in connection with criminal proceedings.\n(4) In this section:\nforeign tribunal means a person or body authorised by a law of a\nplace outside the ACT to take or receive evidence in that place.\n25 Oath or affirmation without authority\n(1) A person shall not, unless the person is authorised to do so by or under\na law in force in the ACT—\n(a) require another person to take an oath or make an affirmation;\nor\n(b) administer an oath or affirmation to another person.\n(2) A person who wilfully contravenes subsection (1) commits an\noffence.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n26 Oath etc for purposes of foreign law\n(1) Subject to section 24 (2), where an oath, affirmation or affidavit is\nrequired or permitted by a foreign law for any purpose, nothing in this\nAct makes it an offence for an authorised person to administer the\noath or affirmation, or take the affidavit, for that purpose.\n\nPart 6 Miscellaneous\nSection 27\npage 12 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\nauthorised person means a person authorised under this Act to\nadminister an oath or affirmation, or take an affidavit.\nforeign law means a law of a place outside the ACT.\n27 Fee\nA fee is not payable to any person in respect of an oath taken or\naffirmation made in accordance with this Act.\n\nOath and affirmation of office Schedule 1\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Oath and affirmation of office\n(see s 6)\nOath\nI, A.B., swear (or the person taking the oath may promise) by\nAlmighty God (or the person may name a god recognised by the\nperson’s religion) that I will well and truly serve in the office of\nSo help me God! (or the person may use a similar expression\nrecognised by the person’s religion)\nAffirmation\nI, A.B., solemnly and sincerely declare and affirm that I will well and\ntruly serve in the office of\n\nSchedule 1A Oaths and affirmations by member of Legislative Assembly\nPart 1A.1\npage 14 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1A Oaths and affirmations by\nmember of Legislative\nAssembly\n(see s 6A)\nPart 1A.1\nOath\nI, A.B., swear (or the person taking the oath may promise) by Almighty God\n(or the person may name a god recognised by the person’s religion) that I will\nbe faithful and bear true allegiance to His Majesty King Charles the Third, His\nheirs and successors according to law. So help me God! (or the person may use\na similar expression recognised by the person’s religion)\nAffirmation\nI, A.B., solemnly and sincerely declare and affirm that I will be faithful and bear\ntrue allegiance to His Majesty King Charles the Third, His heirs and successors\naccording to law.\n\nOaths and affirmations by member of Legislative Assembly Schedule 1A\nPart 1A.2\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1A.2\nOath\nI, A.B., swear (or the person taking the oath may promise) by Almighty God (or\nthe person may name a god recognised by the person’s religion) that I will\nfaithfully serve the people of the Australian Capital Territory as a member of the\nLegislative Assembly and discharge my responsibilities according to law. So\nhelp me God! (or the person may use a similar expression recognised by the\nperson’s religion)\nAffirmation\nI, A.B., solemnly and sincerely declare and affirm that I will faithfully serve the\npeople of the Australian Capital Territory as a member of the Legislative\nAssembly and discharge my responsibilities according to law.\n\nSchedule 1A Oaths and affirmations by member of Legislative Assembly\nSchedule 2 Oath and affirmation by witness\npage 16 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Oath and affirmation by\nwitness\n(see s 7)\nOath\nI swear (or the person taking the oath may promise) by Almighty God (or the\nperson may name a god recognised by the person’s religion) that the evidence I\ngive will be the truth, the whole truth, and nothing but the truth.\nAffirmation\nI solemnly and sincerely declare and affirm that the evidence I give will be the\ntruth, the whole truth, and nothing but the truth.\n\nOath and affirmation by interpreter Schedule 3\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 3 Oath and affirmation by\ninterpreter\n(see s 8)\nOath\nI swear (or the person taking the oath may promise) by Almighty God (or the\nperson may name a god recognised by the person’s religion) that I will well and\ntruly interpret the evidence that will be given and do all other matters and things\nthat are required of me in this case to the best of my ability.\nAffirmation\nI solemnly and sincerely declare and affirm that I will well and truly interpret the\nevidence that will be given and do all other matters and things that are required\nof me in this case to the best of my ability.\n\nSchedule 5 Oath and affirmation by deponent to affidavit\npage 18 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 5 Oath and affirmation by\ndeponent to affidavit\n(see s 10)\nOath\nI swear (or the person taking the oath may promise) by Almighty God (or the\nperson may name a god recognised by the person’s religion) that the signature\nto this affidavit is my signature and that every statement in the affidavit is true.\nAffirmation\nI solemnly and sincerely declare and affirm that the signature to this affidavit is\nmy signature and that every statement in the affidavit is true.\n\nDictionary\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• instrument (see s 14)\n• oath.\ncourt includes a tribunal or person having authority to receive\nevidence—\n(a) under a law in force in the ACT; or\n(b) by consent of parties.\nproceeding means a matter or inquiry, whether civil or criminal,\nheard or conducted by a court in which evidence is, or may be,\nreceived.\n\nEndnotes\n1 About the endnotes\npage 20 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Oaths and Affirmations\nOrdinance 1984 No 79 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nOaths and Affirmations Act 1984 A1984-79\nnotified 19 December 1984\ncommenced 19 December 1984\nas amended by\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\nLegislation after becoming Territory enactment\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)\nOaths and Affirmations (Amendment) Act 1995 A1995-34\nnotified 31 October 1995 (Gaz 1995 No S266)\ncommenced 31 October 1995 (s 2)\n\nEndnotes\n3 Legislation history\npage 22 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\ncommenced 18 December 1995 (s 2)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch commenced 1 June 1998 (s 2 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 263\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 263 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.57\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.57 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 2) A2005-11 pt 6\nnotified LR 11 March 2005\ns 1, s 2 commenced 11 March 2005 (LA s 75 (1))\npt 6 commenced 12 March 2005 (s 2)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.17\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.17 commenced 11 January 2006 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.29\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.29 commenced 11 July 2007 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.27\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.27 commenced 1 March 2012 (s 2 (1) and see Evidence Act\n2011 A2011-12, s 2 and CN2012-4)\nCourts Legislation Amendment Act 2015 A2015-10 pt 13\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 13 commenced 21 April 2015 (s 2 (2))\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 14\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 14 commenced 26 April 2018 (s 2)\n\nEndnotes\n4 Amendment history\npage 24 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2005-62 amdt 3.165\nDictionary\ns 2 om A2001-44 amdt 1.2997\nins A2005-11 s 31\nam A2011-48 amdt 1.43\nNotes\ns 3 om A2001-44 amdt 1.2997\nins A2005-11 s 31\nDefinitions for Act\ns 4 om A2005-11 s 31\ndef barrister and solicitor om A1997-96 sch\ndef court om A2005-11 s 31\ndef diplomatic or consular representative om A2005-11\ns 31\ndef proceeding om A2005-11 s 31\nCertain provisions subject to court rules\ns 5 hdg sub A2004-60 amdt 1.598\ns 5 am A1995-46 sch\nsub A2004-60 amdt 1.598\nam A2018-9 s 106\nOaths or affirmations by members of Assembly\ns 6A ins A1995-34 s 4\nsub A2005-62 amdt 3.166\nOath or affirmation by interpreter\ns 8 hdg sub A2018-9 s 107\ns 8 am A2018-9 s 108\nOath or affirmation by interpreter of signs\ns 9 om A2018-9 s 109\nAuthority to administer oath or affirmation to member of Assembly\ns 10A ins A1995-34 s 5\nAuthority to administer oath etc\ns 11 am A1995-34 s 6; A1997-96 sch; A2005-11 s 32\nOath or affirmation by spoken words or other means\ns 17 am A2015-10 s 36\nWritten evidence of oath or affirmation of office\ns 18 am A2005-62 amdt 3.167\nAlternative form and manner for oath\ns 21 am A1995-34 s 7; A2018-9 s 110\n\nEndnotes\nAmendment history 4\nR11\n26/09/22\nOaths and Affirmations Act 1984\nEffective: 26/09/22\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOath or affirmation for purposes of foreign tribunal\ns 24 am Ord1989-38 sch 1\nOath or affirmation without authority\ns 25 am A1994-81 sch\nAmendment of Seat of Government (Administration) Ordinance 1930\ns 28 om Ord1989-38 sch 1\nOath and affirmation of office\nsch 1 sub A2018-9 s 11\nOaths and affirmations by member of Legislative Assembly\nsch 1A hdg ins A1995-34 s 8\nsub A2018-9 s 11\nsch 1A pt 1A.1 hdg (prev sch 1 pt 1 hdg) renum R3 LA\nsch 1A pt 1A.1 sub A2018-9 s 11\nam R11 LA\nsch 1A pt 1A.2 hdg (prev sch 1 pt 2 hdg) renum R3 LA\nsch 1A pt 1A.2 sub A2018-9 s 11\nOath and affirmation by witness\nsch 2 sub A2018-9 s 11\nOath and affirmation by interpreter\nsch 3 sub A2018-9 s 11\nOath and affirmation by interpreter of statements made by means of signs\nsch 4 om A2018-9 s 11\nOath and affirmation by deponent to affidavit\nsch 5 sub A2018-9 s 11\nDictionary\ndict ins A2005-11 s 33\ndef court ins A2005-11 s 33\nsub A2007-16 amdt 3.130; A2011-48 amdt 1.44\ndef proceeding ins A2005-11 s 33\nsub A2007-16 amdt 3.130; A2011-48 amdt 1.44\n\nEndnotes\n5 Earlier republications\npage 26 Oaths and Affirmations Act 1984\nEffective: 26/09/22\nR11\n26/09/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1989-38 30 June 1991\n2 A1995-46 1 January 1996\n3 A2001-44 8 February 2002\n4 A2005-60 10 January 2005\n5 A2005-11 12 March 2005\n6 A2005-62 11 January 2006\n7 A2007-16 11 July 2007\n8 A2011-48 1 March 2012\n9 A2015-10 21 April 2015\n10 A2018-9 26 April 2018\n© Australian Capital Territory 2022","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of prescribing forms and procedures for oaths and affirmations. While it has been updated over time (including modernising language, adding provisions for Assembly members, and removing references to sign language interpreters as a separate category), it has not expanded beyond its core function of regulating solemn declarations in legal and official contexts."},"complexity_factors":["Short statute (27 sections plus schedules)","Minimal defined terms (only 2 definitions in the Dictionary: 'court' and 'proceeding')","Straightforward structure with clear Part divisions (Preliminary, Forms, Administration, Affirmations, Manner, Miscellaneous)","Limited cross-referencing (mainly to court rules under the Court Procedures Act 2004)","Simple conditional logic (primarily 'if not prescribed elsewhere, use Schedule X')","Schedules contain standard form wordings that are largely self-explanatory","No nested exceptions or complex deeming provisions"],"plain_english_summary":"**What this law does:**\n\nThis Act sets out the rules for taking **oaths** (religious promises to tell the truth or serve faithfully) and **affirmations** (non-religious solemn declarations) in the Australian Capital Territory. It provides standard wordings for different situations and explains who can legally administer them.\n\n**Who it affects:**\n\n- **Witnesses in court** – must swear or affirm to tell the truth\n- **People making affidavits** (written statements sworn to be true)\n- **Interpreters** – must swear to interpret accurately\n- **People taking public office** – including ACT Legislative Assembly members who must swear allegiance to the King and to serve the people of the ACT\n- **Justices of the peace, lawyers, and notaries** – who are authorised to administer oaths\n\n**Key features:**\n\n- **Religious freedom**: You can choose between a religious oath (swearing on a holy book or to God) or a non-religious affirmation. Both have equal legal force.\n- **Accessibility**: Provisions for people who can't speak, don't understand English, or are blind/illiterate.\n- **Flexibility**: Allows alternative oath forms if someone states that a different form would be binding on them.\n- **No fees**: It is free to take an oath or make an affirmation under this Act.\n- **Penalties**: It is an offence (up to 50 penalty units or 6 months imprisonment) to administer an oath without authority.\n\n**Why it matters:**\n\nThis law ensures that promises made in legal and official contexts are taken seriously and consistently, while respecting individual beliefs (religious or otherwise). It underpins the integrity of court proceedings, official appointments, and legal documents."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered since its original 1984 ordinance form by a series of amendments recorded in the endnotes. Key scope changes evident in the republished text include: insertion of a specific regime for members of the Legislative Assembly (s 6A; schedule 1A) and a requirement that those oaths/affirmations be taken before the Chief Justice or an authorised judge (s 10A) (see amendment history: ins A1995-34 s 4; ins A1995-34 s 5). The list of authorised persons and the cross‑jurisdictional administration rules have been clarified and expanded (s 11; amendments noted at A1995-34 s 6; A1997-96 sch; A2005-11 s 32). The Act now explicitly forbids charging a fee for oaths/affirmations (s 27) and creates a criminal offence for unauthorised administration (s 25) (amended by A1994-81 sch; amendment history records other changes). The Act also delegates procedural detail to court rules and approved forms (s 5), which shifts operational content outside the statute. These changes broaden and specify administration, certification and enforcement mechanisms compared with the original ordinance framework (see legislation and amendment history in endnotes)."},"complexity_factors":["Multiple schedules providing default text for different roles (schedules 1, 1A, 2, 3, 5)","Cross‑references to court rules and forms (s 5) that move operational detail outside the Act","Different rules depending on location (in ACT, in other States/Territories, overseas) and role of Australian diplomatic/consular representatives (s 11)","Discretionary provisions allowing alternative forms, languages and means of expression (s 17, s 21) that require case‑by‑case decisions by administering officers","Specific certification requirements for non‑English, illiterate or blind deponents (s 19, s 20) imposing administrative steps","Criminal prohibition and penalty for unauthorised administering of oaths (s 25) adding compliance risk","Separate, higher‑authority requirements for members of the Legislative Assembly (s 6A, s 10A) creating a bespoke pathway","Interplay with foreign tribunal/law provisions (s 24, s 26) that impose conditional permissions and exclusions (e.g. criminal proceedings)","Statutory rule that no fee is payable (s 27), which affects economic incentives for providers"],"plain_english_summary":"What this law does\n\n- Sets the words and procedures for oaths and affirmations used in the Australian Capital Territory (ACT). It supplies default forms where another law does not prescribe a form (s 6, s 7, s 8, s 10; schedules 1, 2, 3, 5). It also prescribes special forms for members of the Legislative Assembly (s 6A; schedule 1A).\n\nWho it affects and who decides\n\n- People required or permitted to swear oaths or make affirmations in ACT proceedings (witnesses, deponents to affidavits, interpreters, office‑holders and members of the Legislative Assembly) (s 6, s 7, s 8, s 10, s 6A; schedules).\n- Persons authorised to administer oaths and take affidavits: within the ACT, justices of the peace, notaries public for the ACT and legal practitioners; in other Australian States and Territories, equivalent officers; elsewhere, authorised local officers or Australian diplomatic/consular representatives (s 11).\n- Members of the Legislative Assembly must make and subscribe required oaths/affirmations before the Chief Justice or a judge authorised by the Chief Justice (s 6A, s 10A).\n\nWho pays and fees\n\n- No fee may be charged for an oath or affirmation performed under this Act (s 27).\n\nKey procedural rules and administrative duties\n\n- A person entitled to affirm instead of taking an oath may do so (s 14). An administrator may require an affirmation in specific circumstances (e.g. if the person appears incompetent to swear) (s 15).\n- The person taking an oath or making an affirmation must say the words where physically able; other languages or signs are allowed if the administering person permits (s 17). For deponents who do not understand English, the administering officer must certify interpreter matters in the jurat (s 19). For illiterate or blind deponents, the officer must certify the affidavit was read and understood (s 20).\n- Written evidence is required when someone takes an oath or affirmation of office: the person signs an instrument showing the oath/affirmation and the administering person certifies it (s 18).\n- Alternative forms of oath are allowed if, in the presence of the administering person, the person states that an alternative form would be binding on them (s 21). Once taken in an authorised form, the oath or affirmation binds the person for all purposes (s 22).\n- The validity of an oath or affirmation is not defeated solely by noncompliance with technical formalities in part 2 or part 5 (s 23).\n\nLimits, penalties and foreign use\n\n- A person must not require another to take an oath or administer an oath or affirmation unless authorised under law; doing so intentionally is an offence with a maximum penalty (50 penalty units, 6 months imprisonment or both) (s 25).\n- The Act allows authorised persons to administer oaths or take affidavits for foreign laws or foreign tribunals subject to conditions (s 24, s 26). Administration in connection with criminal proceedings for foreign tribunals is expressly excluded (s 24(3)).\n\nWhy it matters (stated purpose and practical trade‑offs)\n\n- The Act provides legal certainty about what words count as an oath or affirmation, who may administer them and how they must be recorded. Officials and private persons who give or rely on sworn statements or affidavits use these procedures to establish evidentiary and sometimes statutory obligations (s 6–13, s 17–20, s 22).\n\nTest of stated purpose against costs, incentives and trade‑offs\n\n- Centralisation of authority to authorised officers (justices of the peace, notaries, legal practitioners; s 11) concentrates the formal power to administer oaths in a defined group. That creates a clear compliance pathway but limits who may lawfully perform the service (s 11, s 25).\n- The Act forbids charging for oaths/affirmations (s 27). That removes a direct revenue stream from administering these formalities but does not prevent authorised persons from charging for other services they provide.\n- The Act offers individual choice to avoid religious oath wording by allowing affirmations (s 14) and permits alternative forms when the person says the form will be binding (s 21). This reduces the risk that religious language will be a substantive barrier to participation, but it requires an administering officer to accept and record the alternative form.\n- Administrative duties and certification requirements for non‑English speakers and illiterate or blind deponents (s 19, s 20) impose time and record‑keeping obligations on authorised officers; this is an implementation cost for officials and any institution that relies on affidavits.\n- The Act creates criminal liability for unauthorised administration or coercion to take oaths (s 25), which raises the legal risk for private actors who might otherwise perform similar acts informally. This deters unregulated providers but may increase demand for authorised officers.\n- The Act delegates some procedural detail to court rules and forms (s 5). That reduces statutory length but increases dependence on court rule‑making for operational detail and may require users to consult multiple sources.\n\nConcentrated benefits and diffuse costs (mechanisms, not judgments)\n\n- Those authorised to administer oaths (s 11) and institutions that rely on formally sworn evidence gain a clear statutory framework. The restriction on fees (s 27) and the criminal penalty for unauthorised administration (s 25) constrain alternative providers, which concentrates lawful authority in the listed officers.\n\nImplementation risks and discretion\n\n- Sections allowing alternative languages, signs or other means (s 17) and alternative forms if declared binding (s 21) give administering officers discretion about what they will accept. That discretion simplifies inclusion but creates variability in practice and potential uncertainty for users.\n\nSources cited (selected): s 6, s 6A, s 10A, s 11, s 14–16, s 17–20, s 21–23, s 24–27; schedules 1, 1A, 2, 3, 5."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/oaths-and-affirmations-act-1984","history":"/api/acts/oaths-and-affirmations-act-1984/history","analysis":"/api/acts/oaths-and-affirmations-act-1984/analysis","conflicts":"/api/acts/oaths-and-affirmations-act-1984/conflicts","importantCases":"/api/acts/oaths-and-affirmations-act-1984/important-cases","documents":"/api/acts/oaths-and-affirmations-act-1984/documents"}}