Oaths Act 1867

Persons making affidavits for court proceedings: Any Queensland legal practitioner, litigant, or witness making an affidavit for Queensland court proceedings must comply with the Act's affidavit requirements. Affidavits must satisfy the jurat requirements in section 13B.

Persons making statutory declarations: Anyone required to make a statutory declaration under any Queensland law must comply with the declaration requirements in section 13C.

Justices of the peace and commissioners for declarations: Authorised to witness affidavits and declarations under the Act. Their powers and obligations derive from both this Act and the Justices of the Peace and Commissioners for Declarations Act 1991.

Legal practitioners: May administer oaths and witness affidavits. Also affected by the court rule and practice direction framework governing accepted methods for electronic signing.

Officials taking oaths of office: Justices of the peace, magistrates, members of the judiciary, and other officials must take the oaths prescribed by Part 2.

Persons using remote witnessing: Anyone seeking to have a document witnessed remotely via audio visual link must comply with Part 6A.

Affidavit jurat requirements (section 13B): The signatory must ensure the affidavit's jurat states whether it was made electronically, whether it was electronically signed, whether it was witnessed remotely (Part 6A), that the contents are true (or true to the best of knowledge on information and belief), and that the signatory understands making a false affidavit is an offence.

Declaration statement requirements (section 13C): The signatory must ensure the declaration states the equivalent matters.

Witness obligations: The witness must confirm (attest) the document in the manner required by the Act.

Remote witnessing compliance (Part 6A): Where a document is witnessed remotely, specific requirements apply to the conduct of the witnessing, the use of audio visual link, and how the witness confirms the document (see section 31U).

Affidavit execution requirements (section 13AB): An affidavit is only properly executed if: it is in writing; it is witnessed under Part 4 and (if applicable) Part 6A; it is signed by the signatory or substitute signatory; and it is confirmed by the witness.

Accepted method prescription (section 13A): The Governor in Council may prescribe accepted methods for electronically signing affidavits and declarations by regulation. Courts and tribunals may prescribe accepted methods by rules of court or practice directions. Regulations prevail over court rules to the extent of any inconsistency.

Court's override of execution requirements (section 13AB(3)): If an affidavit is to be filed or admitted into evidence, the execution requirements in section 13AB(2) apply subject to any applicable rules of court or practice directions.

Form of oaths (Part 2 and Part 3): The Act sets prescribed forms for the oath of allegiance (section 1) and oaths of office for justices of the peace (section 3) and other officials. These forms cannot be departed from without legislative authority.

Affirmation right: Any person may affirm instead of taking an oath if objection is raised on grounds of religious belief or conscientious objection.

False affidavit offence: The jurat must warn signatories that making a false affidavit is an offence. The substantive offences of perjury (in sworn proceedings) and making a false statutory declaration apply under the Criminal Code (Qld) and other legislation. The Oaths Act itself does not set out penalty provisions for false affidavits but requires the jurat to record the warning.

Unlawful administration of oaths: Part 5 contains provisions about unlawful administration of oaths. Administering an oath or declaration without authority, or administering an oath in a form that purports to bind the person to unlawful conduct, is an offence. False oaths and declarations attract criminal liability under the Criminal Code.

Affidavit in court proceedings: Must comply with Part 4 (and Part 6A if remote). If filed in a court or tribunal, must also comply with any applicable rules of court or practice directions governing electronic signing or remote witnessing.

Statutory declaration: Must comply with Part 4. There is no prescribed time period for making a declaration; it takes effect when signed and witnessed in accordance with the Act.

Remote witnessing via audio visual link (Part 6A): Requires the witness to observe the signatory in real time via audio visual link, to be satisfied the document is the one being signed, and to comply with the confirmation requirements in section 31U.

Electronic signing: May be done using an accepted method (section 1B definition). For affidavits and declarations, the accepted method is determined by reference to any applicable regulation or court rule; otherwise by the reliability test.

Criminal Code (Qld): Perjury and making false declarations are offences under the Criminal Code. The Oaths Act requires affidavit jurats to warn signatories of this fact.

Justices of the Peace and Commissioners for Declarations Act 1991 (Qld): Defines commissioners for declarations and governs their appointment and powers, complementing the Oaths Act.

Evidence Act 1977 (Qld): The evidence legislation specifies when affidavit evidence may be admitted and the requirements for admissibility, which interact with the Oaths Act affidavit execution requirements.

Water Act 2000 (Qld): The water allocations register defined in the Oaths Act (section 1B) is the register under the Water Act 2000, illustrating the Act's role in defining terms applicable across Queensland legislation.

Legal Profession Act 2007 (Qld): Australian legal practitioner is defined by reference to this Act. Legal practitioners have particular roles as authorised witnesses under the Oaths Act.

Accepted method for electronic affidavits in specific courts may differ: Section 13A(4) provides that regulations prevail over court-specific rules of court or practice directions. However, in the absence of a regulation for a particular court, the court's own practice direction or rule governs. Legal practitioners must check the specific court's requirements before relying on a particular electronic signing method.

Remote witnessing (Part 6A) has additional confirmation requirements: A witness who witnesses a document by audio visual link must comply with section 31U's confirmation requirements, which differ from the ordinary confirmation requirements for physically witnessed documents. An affidavit witnessed by video link that does not comply with these specific requirements may not be validly executed.

The jurat cannot simply say the contents are 'true': Since 2021, the jurat requirements under section 13B are more detailed. The jurat must also indicate whether the affidavit was made electronically, whether it was electronically signed, and whether it was witnessed under Part 6A (remote witnessing), if applicable. Older-form jurats that do not address these matters may be invalid for proceedings requiring compliance with the current Act.

Oaths of allegiance form is prescribed: Section 1 sets out the text of the oath of allegiance in its statutory form. Variations to the wording that depart from the statutory form without legislative authority may render the oath invalid.

Litigant swearing an affidavit electronically: A Queensland litigant in Brisbane wishes to swear an affidavit for Supreme Court proceedings by electronic means. The signatory electronically signs the affidavit using the accepted method specified in the Supreme Court rules or practice directions, in the presence of a solicitor or justice of the peace as witness (either physically or via audio visual link under Part 6A). The jurat is completed in compliance with section 13B, including a statement that the affidavit was electronically signed and (if applicable) witnessed remotely.

JP witnessing a statutory declaration remotely: A person in rural Queensland needs to make a statutory declaration for insurance purposes. A justice of the peace in Brisbane witnesses the declaration by video call under Part 6A. The JP follows the section 31U confirmation requirements and signs the physical counterpart of the declaration after observing the signatory's execution via video link.

Official taking an oath of office: A newly appointed justice of the peace takes the oath of office prescribed in section 3 before an authorised witness. The prescribed form of words must be used. The oath is recorded in the JP's appointment documentation.