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Evidence Act 2011
23Choice of oath or affirmation
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23 Choice of oath or affirmation
(1) A person who is to be a witness or act as an interpreter or intermediary
in a proceeding may choose whether to take an oath or make an
affirmation.
(2) The court must tell the person that the person has this choice, unless
the court is satisfied that the person has already been told or knows
about having the choice.
(3) The court may direct a person who is to be a witness to make an
affirmation if—
(a) the person refuses to choose whether to take an oath or make an
affirmation; or
(b) it is not reasonably practicable for the person to take an
appropriate oath.
Note The Commonwealth Act does not include intermediaries, and s (2) differs
from the Commonwealth Act.