21Sworn evidence by oath or affirmation

### 21 Sworn evidence by oath or affirmation > > (1)  A witness in a proceeding must take an oath or make an affirmation before giving evidence. > > > (2)  [*\[Section 21 Subsection (2) amended by No. 46 of 2010, s. 8, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS8@EN) [Subsection (1)](#GS21@Gs1@EN) does not apply to a person who gives unsworn evidence under [section 13](#GS13@EN) . > > > (3)  A person who is called merely to produce a document or thing to the court need not take an oath or make an affirmation before doing so. > > > (4)  A witness is to take an oath by answering "I swear" or make an affirmation by answering "I affirm" in reply to the oath or affirmation being tendered in accordance with form 1 or form 3 in [Schedule 1](#JS1@EN) . > > > (5)  An affirmation has the same effect for all purposes as an oath. > > > > | Note: This section differs from section 21 of the Evidence Act 1995 of the Commonwealth. |