{"id":"qld:sl-2022-0050","name":"Oaths Regulation 2022","slug":"oaths-regulation-2022","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"50 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173826,"registerId":"qld-sl-2022-0050-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Oaths Regulation 2022 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this regulation—\nofficer-in-charge , of a police station, police establishment or watch-house, includes a police officer nominated by the officer-in-charge of the police station, police establishment or watch-house as the officer-in-charge of the police station, police establishment or watch-house during the officer-in-charge’s absence.\nrelevant affidavit means an affidavit made by a police officer in the course of the police officer’s duty.\ns 2 def relevant affidavit sub 2024 SL No. 214 s 4 (2) – (3)\nrelevant declaration means a declaration made by a police officer in the course of the police officer’s duty.\ns 2 def relevant declaration ins 2024 SL No. 214 s 4 (3)\nsenior police officer means—\nan officer-in-charge of a police station, police establishment or watch-house; or\na watch-house manager; or\na police officer of or above the rank of sergeant.\ns 2 amd 2024 SL No. 214 s 4 (1)\n- (a) an officer-in-charge of a police station, police establishment or watch-house; or\n- (b) a watch-house manager; or\n- (c) a police officer of or above the rank of sergeant.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Matters relevant to affidavits and declarations","content":"# Matters relevant to affidavits and declarations","sortOrder":3},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":4},{"sectionNumber":"sec.2A","sectionType":"section","heading":null,"content":"### Section sec.2A\n\ns 2A ins 2022 SL No. 131 s 4\nom 2023 No. 23 s 159","sortOrder":5},{"sectionNumber":"sec.2B","sectionType":"section","heading":null,"content":"### Section sec.2B\n\ns 2B ins 2022 SL No. 131 s 4\nom 2023 No. 23 s 159","sortOrder":6},{"sectionNumber":"sec.3","sectionType":"section","heading":"Information witness must include on affidavit or declaration","content":"### sec.3 Information witness must include on affidavit or declaration\n\nFor section 13E (3) (b) of the Act , if the witness to the affidavit or declaration is a person prescribed under section 4 , 5B , 6 or 8 , the prescribed information is the witness’s rank or position.\ns 3 amd 2023 No. 23 s 160\nsub 2024 SL No. 214 s 6","sortOrder":7},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Witnessing affidavits in person","content":"## Witnessing affidavits in person","sortOrder":8},{"sectionNumber":"sec.4","sectionType":"section","heading":"Prescribed persons for witnessing affidavits— Act , s 16A","content":"### sec.4 Prescribed persons for witnessing affidavits— Act , s 16A\n\nFor section 16A (1) (e) of the Act , a senior police officer is prescribed.\ns 4 amd 2023 No. 23 s 161 ; 2024 SL No. 214 s 8","sortOrder":9},{"sectionNumber":"sec.5","sectionType":"section","heading":"Witnessing prescribed types of affidavits— Act , s 16A","content":"### sec.5 Witnessing prescribed types of affidavits— Act , s 16A\n\nFor section 16A (2) (a) of the Act , a relevant affidavit is prescribed as the only type of affidavit that may be witnessed by a person prescribed under section 4 .","sortOrder":10},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Prescribed condition for witnessing affidavits— Act , s 16A","content":"### sec.5A Prescribed condition for witnessing affidavits— Act , s 16A\n\nFor section 16A (2) (a) of the Act , this section prescribes a condition for the witnessing, by a person prescribed under section 4 , of a type of affidavit prescribed under section 5 .\nThe condition is that the person must not be directly involved in the matter to which the contents of the affidavit relates.\ns 5A ins 2024 SL No. 214 s 9\n(sec.5A-ssec.1) For section 16A (2) (a) of the Act , this section prescribes a condition for the witnessing, by a person prescribed under section 4 , of a type of affidavit prescribed under section 5 .\n(sec.5A-ssec.2) The condition is that the person must not be directly involved in the matter to which the contents of the affidavit relates.","sortOrder":11},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Witnessing declarations in person","content":"## Witnessing declarations in person","sortOrder":12},{"sectionNumber":"sec.5B","sectionType":"section","heading":"Prescribed persons for witnessing declarations— Act , s 16B","content":"### sec.5B Prescribed persons for witnessing declarations— Act , s 16B\n\nFor section 16B (1) (d) of the Act , a senior police officer is prescribed.\ns 5B ins 2024 SL No. 214 s 10","sortOrder":13},{"sectionNumber":"sec.5C","sectionType":"section","heading":"Witnessing prescribed types of declarations— Act , s 16B","content":"### sec.5C Witnessing prescribed types of declarations— Act , s 16B\n\nFor section 16B (2) (a) of the Act , a relevant declaration is prescribed as the only type of declaration that may be witnessed by a person prescribed under section 5B .\ns 5C ins 2024 SL No. 214 s 10","sortOrder":14},{"sectionNumber":"sec.5D","sectionType":"section","heading":"Prescribed condition for witnessing declarations— Act , s 16B","content":"### sec.5D Prescribed condition for witnessing declarations— Act , s 16B\n\nFor section 16B (2) (a) of the Act , this section prescribes a condition for the witnessing, by a person prescribed under section 5B , of a type of declaration prescribed under section 5C .\nThe condition is that the person must not be directly involved in the matter to which the contents of the declaration relates.\ns 5D ins 2024 SL No. 214 s 10\n(sec.5D-ssec.1) For section 16B (2) (a) of the Act , this section prescribes a condition for the witnessing, by a person prescribed under section 5B , of a type of declaration prescribed under section 5C .\n(sec.5D-ssec.2) The condition is that the person must not be directly involved in the matter to which the contents of the declaration relates.","sortOrder":15},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Witnessing electronically signed affidavits or declarations in person","content":"## Witnessing electronically signed affidavits or declarations in person","sortOrder":16},{"sectionNumber":"sec.6","sectionType":"section","heading":"Persons prescribed as witness— Act , s 16C","content":"### sec.6 Persons prescribed as witness— Act , s 16C\n\nFor section 16C (2) of the Act , a senior police officer is prescribed as a person who may witness an affidavit or declaration under that section.\ns 6 amd 2024 SL No. 214 s 11","sortOrder":17},{"sectionNumber":"sec.7","sectionType":"section","heading":"Witnessing prescribed types of affidavits and declarations— Act , s 16C","content":"### sec.7 Witnessing prescribed types of affidavits and declarations— Act , s 16C\n\nFor section 16C (3) (a) of the Act , a relevant affidavit and a relevant declaration are prescribed as the only types of documents that may be witnessed by a person prescribed under section 6 .\ns 7 amd 2024 SL No. 214 s 12","sortOrder":18},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Prescribed condition— Act , s 16C","content":"### sec.7A Prescribed condition— Act , s 16C\n\nFor section 16C (3) (a) of the Act , this section prescribes a condition for the witnessing, by a person prescribed under section 6 , of a type of affidavit or declaration prescribed under section 7 .\nThe condition is that the person must not be directly involved in the matter to which the contents of the affidavit or declaration relates.\ns 7A ins 2024 SL No. 214 s 13\n(sec.7A-ssec.1) For section 16C (3) (a) of the Act , this section prescribes a condition for the witnessing, by a person prescribed under section 6 , of a type of affidavit or declaration prescribed under section 7 .\n(sec.7A-ssec.2) The condition is that the person must not be directly involved in the matter to which the contents of the affidavit or declaration relates.","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Matters relevant to use of audio visual links","content":"# Matters relevant to use of audio visual links","sortOrder":20},{"sectionNumber":"sec.8","sectionType":"section","heading":"Persons prescribed as witness— Act , s 31S","content":"### sec.8 Persons prescribed as witness— Act , s 31S\n\nFor section 31S (1) of the Act , a senior police officer is prescribed.","sortOrder":21},{"sectionNumber":"sec.9","sectionType":"section","heading":"Prescribed types of documents— Act , s 31S","content":"### sec.9 Prescribed types of documents— Act , s 31S\n\nFor section 31S (2) (a) of the Act , a relevant affidavit and a relevant declaration are prescribed as the only types of documents that may be witnessed by a person prescribed under section 8 .\ns 9 amd 2024 SL No. 214 s 14","sortOrder":22},{"sectionNumber":"sec.10","sectionType":"section","heading":"Prescribed conditions","content":"### sec.10 Prescribed conditions\n\nFor section 31S (2) (a) of the Act , this section prescribes conditions for the witnessing, by a person prescribed under section 8 , of a type of affidavit or declaration prescribed under section 9 .\nThe conditions are that—\nthe person must not be directly involved in the matter to which the contents of the affidavit or declaration relates; and\nit is not reasonably practicable to witness the affidavit or declaration other than under section 31S of the Act .\ns 10 sub 2024 SL No. 214 s 15\n(sec.10-ssec.1) For section 31S (2) (a) of the Act , this section prescribes conditions for the witnessing, by a person prescribed under section 8 , of a type of affidavit or declaration prescribed under section 9 .\n(sec.10-ssec.2) The conditions are that— the person must not be directly involved in the matter to which the contents of the affidavit or declaration relates; and it is not reasonably practicable to witness the affidavit or declaration other than under section 31S of the Act .\n- (a) the person must not be directly involved in the matter to which the contents of the affidavit or declaration relates; and\n- (b) it is not reasonably practicable to witness the affidavit or declaration other than under section 31S of the Act .","sortOrder":23}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument, as shown, was amended to explicitly prescribe senior police officers as authorised witnesses across in-person, electronic and audio‑visual modes (see ss 4, 6, 8) and to limit that power to affidavits/declarations made by police in the course of duty ('relevant' documents) (s 2; ss 5, 5C, 7, 9). It also introduced conditions: witnesses must not be directly involved (ss 5A, 5D, 7A, 10) and AV witnessing is allowed only where in-person witnessing is not reasonably practicable (s 10). Section 3 requires the witness to record rank/position when prescribed (s 3)."},"complexity_factors":["Multiple cross-references to the parent Act (ss 13E, 16A, 16B, 16C, 31S) increasing interpretive steps","Several later amendments and insertions cited (2023 No. 23; 2024 SL No. 214) that expand or clarify scope","Different witnessing contexts to reconcile: in-person, electronically signed, and audio-visual (ss 4, 6, 8)","Subjective conditions that require judgement: 'must not be directly involved' (ss 5A, 5D, 7A, 10) and 'not reasonably practicable' (s 10)","Narrowly limited document types: only 'relevant affidavit' and 'relevant declaration' (s 2, ss 5, 5C, 7, 9)","Delegated operational discretion (officer‑in‑charge may nominate another) and administrative recording requirement (rank/position) (s 2 definition; s 3)"],"plain_english_summary":"This regulation permits senior police officers to witness affidavits and statutory declarations made by police in the course of their duty, in person, electronically, or by audio-visual link, and requires prescribed witnesses to state their rank or position. It also sets conditions for such witnessing — notably the witness must not be directly involved in the matter, and audio-visual witnessing is limited to cases where in-person witnessing is not reasonably practicable."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The 2024 amendments (SL No. 214) meaningfully expanded the regulation's original scope by adding an entirely new category — 'relevant declarations' — alongside the pre-existing 'relevant affidavits'. New sections (5B, 5C, 5D) were inserted to mirror the affidavit framework for declarations, and the audio-visual link provisions were updated to cover both document types. The 2022 and 2023 amendments also removed provisions (sections 2A and 2B), suggesting the regulation has been actively refined since enactment. Overall, the regulation has grown in scope from its original focus on affidavits alone to cover declarations across all witnessing scenarios."},"complexity_factors":["Cross-references to multiple sections of the parent Oaths Act, requiring readers to consult that Act to fully understand context","Layered structure: separate provisions for in-person witnessing, electronic signature witnessing, and audio-visual link witnessing that largely mirror each other","Multiple amendment instruments (2022 SL No. 131, 2023 No. 23, 2024 SL No. 214) have altered the regulation, creating some structural noise in the document","Technical legal distinction between 'affidavits' and 'declarations' that requires some background knowledge to appreciate","Repealed sections (2A and 2B) visible in the document structure, which could cause confusion"],"plain_english_summary":"This regulation specifies who in the Queensland Police can witness affidavits and declarations made by other officers in the course of duty, limiting that role to senior officers (sergeants and above, watch‑house managers, or officers in charge). It bars witnesses who are directly involved in the matter, requires recording the witness’s rank, and covers electronic and video witnessing when in‑person signing is impractical.\n\nIt preserves integrity of police evidence used in legal proceedings."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2022 regulation appears to have been limited to affidavits only. The 2024 amendments (SL No. 214) significantly expanded scope to include declarations, added electronic witnessing provisions, and inserted conflict-of-interest conditions throughout. What began as a narrow procedural rule about affidavits has grown into a comprehensive framework covering multiple document types and witnessing methods."},"complexity_factors":["Multiple amendment layers visible in the text (2022, 2023, 2024 statutory instruments) creating visual clutter","Cross-references to parent Act sections (13E, 16A, 16B, 16C, 31S) without context of what those sections say","Repetitive structure across four parallel divisions (in-person affidavits, in-person declarations, electronic signatures, audio-visual links) with nearly identical conditions","Nested definitions: 'senior police officer' definition relies on 'officer-in-charge' definition which itself contains a recursive nomination clause","Conditional logic requiring readers to trace through multiple sections to determine if witnessing is valid (person type → document type → conditions → conflict of interest test)","Redundant formatting with duplicate subsection text appearing in both narrative and list formats"],"plain_english_summary":"This regulation sets out the rules for when and how **senior police officers** can witness affidavits (sworn written statements) and declarations (formal statements of truth) in Queensland.\n\n**What it does:**\n- **Expands who can witness legal documents:** It allows senior police officers—including station bosses, watch-house managers, and sergeants or above—to witness certain affidavits and declarations that police officers make as part of their job.\n- **Covers different ways of signing:** The rules apply to documents signed in person, electronically signed documents, and documents witnessed over audio-visual link (like video calls).\n- **Adds safeguards:** Senior police officers can only witness these documents if they are **not directly involved** in the matter being described. For video-link witnessing, it must also be **not reasonably practicable** to do it in person.\n- **Specifies what information to include:** When a senior police officer witnesses one of these documents, they must write down their rank or position.\n\n**Who it affects:**\n- Police officers who need affidavits or declarations witnessed for work purposes\n- Senior police officers who act as witnesses\n- Courts and legal bodies that receive these documents as evidence\n\n**Why it matters:**\nThis makes it easier for police to get their official paperwork witnessed quickly and efficiently—especially in remote areas or urgent situations—without compromising the integrity of the legal process. It recognises that police often work in circumstances where finding a traditional witness (like a Justice of the Peace or lawyer) is impractical."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/oaths-regulation-2022","history":"/api/acts/oaths-regulation-2022/history","analysis":"/api/acts/oaths-regulation-2022/analysis","conflicts":"/api/acts/oaths-regulation-2022/conflicts","importantCases":"/api/acts/oaths-regulation-2022/important-cases","documents":"/api/acts/oaths-regulation-2022/documents"}}