The Act standardises how oaths, affirmations, statutory declarations and affidavits are made and who may administer them, replacing multiple historic oath forms with prescribed substitutes and non‑religious options. It sets identity‑check and accessibility safeguards, delegates procedure to the Governor and Chief Justice, and creates criminal and civil penalties for false or unauthorised acts.
It affects public officers, witnesses, litigants, authorised administrators (justices, lawyers, notaries, consuls) and businesses that rely on sworn documents, shifting compliance costs to declarants and administrators.
The Oaths Act 1900 (NSW) performs four core functions. First, it standardises the form and administration of promissory oaths. Section 3(1) replaces the former imperial oaths of Allegiance, Supremacy, Abjuration, the Roman Catholic Relief Act oath and the declaration under 9 Geo IV c 17 with a single oath of allegiance set out in the Second Schedule. Section 4 makes that form mandatory (subject only to s 6, which updates the Sovereign’s name). Sections 7–9 require the oath of allegiance plus the official oath (Third Schedule) or judicial oath (Fourth Schedule) to be taken by public officers, Supreme Court judges, justices of the peace, District Court and Local Court judges, and other judicial officers when ordered by the Governor.
Second, the Act provides a complete code for persons who object to swearing. Section 12 permits any person who objects to an oath to make a solemn affirmation substituting “solemnly, sincerely and truly declare and affirm” for “swear” and omitting “so help me God”. Section 13(1) goes further in court and quasi-judicial settings: a witness, person making a statement in an information, or deponent who objects to an oath or is judged incompetent to take one may instead make a declaration in the Sixth Schedule (for witnesses) or a solemn affirmation in the Seventh Schedule (in all other cases). Section 13(2) applies the law of perjury to any wilfully false evidence or statement so given.
Third, Part 4 (ss 15–25A) governs statutory declarations. Where an earlier Act or regulation required an oath or affidavit in revenue or departmental matters, the Governor may substitute a declaration by Gazette notification (s 15). After 21 days that declaration replaces the oath (ss 16–17). Section 21 authorises the Registrar-General, justices of the peace, notaries public, commissioners for affidavits, Australian legal practitioners authorised under s 27(1), federal judicial officers and others to take voluntary declarations in the Eighth or Ninth Schedule form. Section 22 permits such declarations to prove execution of wills, deeds and other instruments. Section 24A, inserted in 2005, imposes a certification obligation on the authorised person where the deponent is blind, illiterate or cannot read written English: the authorised person must certify that the document was read over, appeared to be understood, and was subscribed in their presence.
Current sections
Direct links to the current provisions in Oaths Act 1900.
s 1: Am 1937 No 35, Second Sch. Subst 1985 No 151, Sch 1 (1).
1A
Commencement
1A Commencement
1A Commencement
This Act shall commence on 1 January 1901.
s 1A: Ins 1985 No 151, Sch 1 (1).
2
Repeals etc
2 Repeals etc
2 Repeals etc
(1) The Acts mentioned in the First Schedule to this Act are, to the extent therein expressed, hereby repealed.
(2) All rules made and notifications published under the authority of any Act hereby repealed shall be deemed to have been made and published under the authority of this Act.
2A
Proceedings for offences
2A Proceedings for offences
2A Proceedings for offences
Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 13 (2), 20, 25, 25A, 29 or 30.
s 2A: Ins 1995 No 22, Sch 2. Am 1996 No 83, Sch 1 (1); 1999 No 94, Sch 4.43; 2001 No 121, Sch 2.160 [1].
Part 2
Oaths
Part 2 Oaths
Part 2 Oaths
pt 2, hdg: Am 1985 No 231, Sch 31.
3
Form and manner of taking oaths
3 Form and manner of taking oaths
3 Form and manner of taking oaths
(1) Where but for the passing of this Act or the Act twentieth Victoria number nine hereby repealed it would be necessary for any person—
(a) to take the oaths commonly called the Oaths of Allegiance, Supremacy, and Abjuration, or any of them, or
(b) to take the oath prescribed by the Act commonly called the Roman Catholic Relief Act, or
(c) to make the declaration prescribed by the Imperial Act ninth George the Fourth, chapter seventeen,
it shall be sufficient for such person to take in lieu of the said several oaths and declaration the oath of allegiance in the form of the Second Schedule.
(2) The oaths prescribed in the Second, Third, and Fourth Schedules may be taken and subscribed at any hour—
(a) within the State of New South Wales before any Justice of the High Court of Australia or of the Supreme Court, any member of the Industrial Commission of New South Wales, any Judge of the District Court”, or before any justice of the peace who is authorised by writ of dedimus potestatem for that purpose, and
(b) without the said State before any Justice of the High Court of Australia or of the Supreme Court of any State of the Commonwealth of Australia, or before any person who is authorised by writ of dedimus potestatem for that purpose.
(2A) Without prejudice to the operation of subsection (2) the oaths prescribed in the Second and Fourth Schedules may be taken and subscribed at any hour—
(a) by a Judge of the Local Court—before the Chief Judge of the Local Court or the person for the time being acting in that office, or
(b) by a justice of the peace—before a Judge or registrar of the Local Court.
(3) A writ of dedimus potestatem for the purpose of administering any such oath may be issued for execution in any part of His Majesty’s Dominions.
s 3: Am 1916 No 5, sec 2; 1973 No 10, sec 3 (a); 1978 No 5, sec 2; 1999 No 31, Sch 4.65 [1]; 2005 No 31, Sch 11; 2007 No 94, Sch 1.75; 2025 No 61, Sch 2.69[1]–[3].
4
Oath of allegiance
4 Oath of allegiance
4 Oath of allegiance
The form in the Second Schedule shall, subject to section 6, be the form of oath of allegiance taken by all persons liable to take the said oath.
s 4: Subst 1936 No 12, sec 2 (1) (a).
5
Definitions
5 Definitions
5 Definitions
In this part of this Act—
Oath of allegiance, where hereinafter used, means an oath in the form in the Second Schedule.
Official oath means an oath in the form in the Third Schedule.
Judicial oath means an oath in the form in the Fourth Schedule.
s 5: Am 2006 No 6, Sch 2 [1].
6
Name of Sovereign
6 Name of Sovereign
6 Name of Sovereign
The name of the Sovereign of the United Kingdom of Great Britain and Ireland shall be substituted in the said form from time to time instead of the name of Her Majesty.
7
Public officers
7 Public officers
7 Public officers
(1) The oath of allegiance and the official oath shall be tendered to and taken by all public officers required by order of the Governor to take the same.
(2) (Repealed)
s 7: Am 1916 No 5, sec 3.
8
Judges and justices of the peace
8 Judges and justices of the peace
8 Judges and justices of the peace
(1) The oath of allegiance and the judicial oath shall be tendered to and taken by Judges of the Supreme Court and justices of the peace.
(2) (Repealed)
s 8: Am 1916 No 5, sec 3.
9
District Court Judges and other judicial officers
9 District Court Judges and other judicial officers
9 District Court Judges and other judicial officers
(1) The oath of allegiance and the judicial oath shall be tendered to and taken by Judges of the District Court or the Local Court and other judicial officers who are required by order of the Governor to take the same.
(2) (Repealed)
s 9: Am 1916 No 5, sec 3; 1973 No 10, sec 3 (b); 1999 No 31, Sch 4.65 [2]; 2025 No 61, Sch 2.69[4].
10
10
10 (Repealed)
11
Penalty on not taking required oath
11 Penalty on not taking required oath
11 Penalty on not taking required oath
(1) If any such officer as aforesaid liable to take any such oath declines or neglects when the same is duly tendered to take such oath, the officer shall, if the officer has already entered on his or her office, vacate the same, and if the officer has not entered on the same be disqualified from so doing.
(2) But no person shall be compelled in respect of the same appointment to the same office to take such oath more than once.
11A
Manner of taking oath
11A Manner of taking oath
11A Manner of taking oath
(1) Any person taking any oath on the Bible or on the New Testament, or the Old Testament, for any purpose whatsoever, whether in judicial proceedings or otherwise, shall, if physically capable of doing so, hold a copy of the Bible or Testament in his or her hand, but it shall not be necessary for the person to kiss such copy by way of assent.
(2) The officer administering the oath may repeat the appropriate form of adjuration, and the person taking the oath shall thereupon, while holding in his or her hand a copy of the Bible, New Testament, or Old Testament, indicate his or her assent to the oath so administered by uttering the words “So help me, God”; or
(3) The person taking the oath may, while holding in his or her hand a copy of the Bible, New Testament, or Old Testament, repeat the words of the oath as prescribed or allowed by law.
(4) In all judicial proceedings the officer administering the oath shall, unless the person about to take the oath voluntarily objects thereto, administer the oath in the form and manner set out in subsection (2); but no oath shall be deemed illegal or invalid by reason of any breach of the provisions of this section.
(5) Provided that any witness in any judicial proceeding may swear with up-lifted hand in the following manner and form—
The witness with uplifted hand says—“I swear by Almighty God as I shall answer to God at the Great Day of Judgment that I will speak the truth, the whole truth, and nothing but the truth.”
(6) Provided also that—
(a) an oath may be administered and taken in any form and in any manner which would have been lawful if this section had not passed,
(b) every oath shall be binding for all purposes for which it is administered and may be taken in any form and in any manner which the person taking the same declares to be binding,
(c) where an oath has been administered and taken, the fact that the person taking the same had at the time no religious belief shall not for any purpose affect the legality or validity of the oath.
s 11A: Ins 1916 No 5, sec 3.
Part 3
Affirmations
Part 3 Affirmations
Part 3 Affirmations
pt 3, hdg: Am 1985 No 231, Sch 31.
12
Affirmations
12 Affirmations
12 Affirmations
Subject to section 13, when an oath is required to be taken, any person who objects to take an oath may instead of taking such oath make a solemn affirmation in the form of such oath substituting the words “solemnly, sincerely and truly declare and affirm” for the word “swear” or for any other word or words to the like effect and omitting the words “so help me God” or any other word or words to the like effect.
s 12: Subst 1973 No 10, sec 3 (c). Am 1987 No 286, sec 4 (1) (a).
(a) called as a witness in any Court or before any Judge or other person authorised to administer an oath, whether in a civil or criminal proceeding, or
(b) having to make a statement in any information, complaint, or proceeding in any Court or before any Judge, or
(c) required or desired to make an affidavit or deposition,
objects to take an oath, or is reasonably objected to as incompetent to take an oath, or appears to such Court or Judge or person so authorised incompetent to take an oath, the person may in lieu of such oath—
(i) when so called as a witness make a declaration in the form in the Sixth Schedule, or
(ii) in any other case make a solemn affirmation in the form in the Seventh Schedule.
(2) Whosoever, having made such declaration or affirmation, wilfully gives any false evidence before such Court, Judge or person so authorised, or makes any false statement in such information, complaint, proceeding, affidavit, or deposition, knowing the same to be false, shall be deemed guilty of perjury if the evidence or statement, had it been on oath, would by law have been perjury.
s 13: Am 1995 No 27, Sch 1; 2001 No 121, Sch 2.160 [2]; 2025 No 61, Sch 2.69[5] [6].
14
14
14 (Repealed)
Part 4
Statutory declarations
Part 4 Statutory declarations
Part 4 Statutory declarations
pt 4, hdg: Am 1985 No 231, Sch 31.
15
Declarations substituted for oaths
15 Declarations substituted for oaths
15 Declarations substituted for oaths
In any case where by any Act relating to any of the public revenue or any public office or public department, or by any official regulation in any department, any oath or affidavit might, but for this Act, be required to be taken or made by any person—
(a) on the doing of any act, matter, or thing, or
(b) for the purpose of verifying any book, account, entry, or return, or
(c) for any other purpose whatsoever,
the Governor may, by notification in the Gazette, substitute a declaration to the same effect as such oath or affidavit.
16
To be notified in Gazette
16 To be notified in Gazette
16 To be notified in Gazette
From and after the expiration of twenty-one days next following the date of the Gazette wherein such notification is first published the provisions of this Part shall extend and apply to every case, office, or department specified in such notification.
17
Oaths not to be taken thereafter
17 Oaths not to be taken thereafter
17 Oaths not to be taken thereafter
After the expiration of the said twenty-one days it shall not be lawful for any officer or other person to administer or cause to be administered any oath or to take or cause to be taken any affidavit in lieu of which such declaration has been substituted.
18
Declaration, how administered
18 Declaration, how administered
18 Declaration, how administered
(1) Every person who but for this Act might be required to take such oath or make such affidavit shall, in the presence of the officer or person empowered by the Act or regulation imposing the same to administer such oath or take such affidavit, make and subscribe such declaration; and such officer or person is hereby empowered and required to administer such declaration accordingly.
(2), (3) (Repealed)
s 18: Am 1900 No 20, sec 18(3); 2021 No 33, Sch 2[1].
19
This Part not to extend to certain oaths
19 This Part not to extend to certain oaths
19 This Part not to extend to certain oaths
Nothing in this Part shall extend or apply to—
(a) the oath of allegiance in any case in which the same is required to be taken by any person appointed to any office, or
(b) any oath or affidavit taken or made or required to be taken or made in any judicial proceeding in any court of justice.
20
Abolition of extra judicial oaths
20 Abolition of extra judicial oaths
20 Abolition of extra judicial oaths
(1) It shall not be lawful for any justice of the peace or other person to administer or cause or allow to be received any oath or affidavit touching any matter or thing whereof such justice or other person has not jurisdiction or cognisance by some Act or Imperial Act in force at the time being, and any person who does so without lawful authority is liable to imprisonment for 2 years.
(2) Provided that nothing in this section contained shall be construed to extend to—
(a) any oath or affidavit before any Judge in any matter or thing touching the preservation of the peace, or the prosecution, trial, or punishment of offences, or
(b) any inquiry held before any Judge of the Local Court in the nature of coroners’ inquests respecting sudden deaths, or
(c) any proceeding before either House of Parliament or a committee thereof, or
(d) any oath or affidavit required by the laws of any foreign or other country out of New South Wales to give validity to instruments in writing designed to be used in foreign or other countries respectively, or
(e) any declaration under this Part.
s 20: Am 1990 No 51, Sch 2; 2001 No 121, Sch 2.160 [3] [4]; 2025 No 61, Sch 2.69[2] [5].
21
Declarations in cases not specifically provided for
21 Declarations in cases not specifically provided for
21 Declarations in cases not specifically provided for
(1) The Registrar-General, a Deputy Registrar-General or any justice of the peace, notary public, commissioner of the court for taking affidavits, Australian legal practitioner authorised by section 27 (1) to take and receive any affidavit, a federal judicial officer, or other person by law authorised to administer an oath, may take and receive the declaration of any person voluntarily making the same before him or her, in the form or to the effect of the form in either the Eighth or the Ninth Schedule.
(2) Any statutory declaration taken and received prior to the commencement of the Oaths (Amendment) Act 1916 before any commissioner of the court for taking affidavits, shall be deemed to have been duly taken and received.
(3) In this section—
federal judicial officer means—
(a) a Judge of the Federal Court of Australia, or
(b) a Judge of the Federal Circuit and Family Court of Australia.
(c) (Repealed)
s 21: Subst 1916 No 5, sec 4. Am 1936 No 12, sec 2 (1) (c); 1970 No 20, sec 3 (a); 2003 No 71, Sch 7 [1]; 2006 No 120, Sch 3.19 [1]; 2010 No 17, Sch 1.2; 2020 No 24, Sch 1.11[1] [2]; 2023 No 7, Sch 2.37[1].
21A
Penalty for taking and receiving statutory declaration without authority
21A Penalty for taking and receiving statutory declaration without authority
21A Penalty for taking and receiving statutory declaration without authority
(1) Any person who, not being by law authorised to take and receive a statutory declaration—
(a) falsely pretends to be so authorised, or
(b) takes and receives a statutory declaration,
shall be guilty of an offence against this section.
(2) Any person who takes and receives a statutory declaration in any capacity in which the person is not by law authorised to act shall be guilty of an offence against this section.
(3) Any person who is guilty of an offence against this section shall on summary conviction before the Local Court be liable to imprisonment for a term not exceeding twelve months or to a penalty not exceeding 2 penalty units.
s 21A: Ins 1936 No 12, sec 2 (1) (d). Am 1993 No 47, Sch 1; 1999 No 31, Sch 4.65 [3]; 2001 No 121, Sch 2.160 [5]; 2007 No 94, Sch 2.
22
Wills, deeds etc may be verified by declaration
22 Wills, deeds etc may be verified by declaration
22 Wills, deeds etc may be verified by declaration
Any attesting witness to the execution of any will or codicil, deed, or instrument in writing, and any other competent person, may verify and prove the signing, sealing, publication, or delivery of any such will, codicil, deed, or instrument in writing by such declaration in writing made as aforesaid before such justice, notary, or officer.
23
Fees
23 Fees
23 Fees
Whenever any declaration is made and subscribed by any person under or in pursuance of any of the provisions of this Part, every such fee as would have been due and payable on the taking or making of any oath or affidavit, shall be in like manner due and payable upon making and subscribing such declaration.
24
Form of declaration
24 Form of declaration
24 Form of declaration
In all cases where by this Part, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration—
(a) is substituted in lieu of an oath or affidavit, or
(b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,
such declaration, unless otherwise directed by the powers hereby given, shall be in the form, or to the effect of the form, in either the Eighth or the Ninth Schedule.
24A
Declarations by persons unable to read written English
24A Declarations by persons unable to read written English
24A Declarations by persons unable to read written English
If it appears to the person before whom a statutory declaration is taken and received (the authorised person) that the person making the declaration (the deponent) is blind, illiterate or otherwise unable to read written English, the authorised person must certify, in or below the jurat—
(a) that the declaration was read to the deponent in the presence of the authorised person, and
(b) that it appeared to the authorised person that the deponent understood the declaration, and
(c) that the deponent subscribed the declaration (by signature or mark) in the presence of the authorised person.
s 24A: Ins 2005 No 28, Sch 5.36 [1]. Am 2013 No 80, Sch 13 [1].
25
False declaration
25 False declaration
25 False declaration
In all cases where by this Part, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration—
(a) is substituted in lieu of an oath or affidavit, or
(b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,
any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, shall be guilty of an indictable offence and liable to imprisonment for 5 years.
s 25: Am 1999 No 94, Sch 4.140 [1].
25A
False declaration for material benefit
25A False declaration for material benefit
25A False declaration for material benefit
In all cases where by this Part, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration—
(a) is substituted in lieu of an oath or affidavit, or
(b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,
any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, and who derives or attempts to derive a material benefit as a consequence of the untrue particular is guilty of an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 7 years.
s 25A: Ins 1996 No 83, Sch 1 (2).
Part 5
Affidavits
Part 5 Affidavits
Part 5 Affidavits
pt 5, hdg: Am 1985 No 231, Sch 31.
26
Before whom oaths and affidavits may be taken
26 Before whom oaths and affidavits may be taken
26 Before whom oaths and affidavits may be taken
(1) Any oath, declaration or affidavit required for the purpose of any court or tribunal or for the purpose of the registration of any instrument in this or any other State or Territory or the Commonwealth or for the purpose of any arbitration in this or any other State or Territory or the Commonwealth may be taken or made—
(a) in any place in this State before any justice of the peace for this State or an Australian legal practitioner, and
(b) in any country or place out of this State before a notary public, or before any person having authority to administer an oath in that country or place, and
(c) in any country or place out of this State before a British Consular Officer or an Australian Consular Officer exercising his or her functions in that country or place.
(1A) A person who takes and receives an oath, declaration or affidavit that is to be made by more than one person, may do so—
(a) with two or more of the persons making the oath, declaration or affidavit present at the same time, or
(b) with each of the persons making the oath, declaration or affidavit at separate times.
(2) In this section—
Australian Consular Officer means a person referred to in section 3 (a)–(d) of the Consular Fees Act 1955 of the Commonwealth.
Note.
Those paragraphs refer to—
(a) an Australian Diplomatic Officer or an Australian Consular Officer, or
(b) the person holding or acting in the office of Secretary of the Department of Foreign Affairs and Trade or an officer of the Department acting with the authority of the Secretary, or
(c) an employee of the Commonwealth authorised, in writing, by the Secretary, or
(d) an employee of the Australian Trade Commission authorised, in writing, by the Secretary.
British Consular Officer means a British Ambassador, Envoy, Minister, Chargé d’Affaires, Secretary of Embassy or Legation, Consul-General, Acting Consul-General, Consul, Acting Consul, Vice-Consul, Acting Vice-Consul, Proconsul, Consular Agent and Acting Consular Agent.
s 26: Subst 1916 No 5, sec 5. Am 1953 No 4, sec 2 (a) (b); 1962 No 5, sec 2; 1984 No 165, sec 3; 2005 No 64, Sch 2.44; 2013 No 80, Sch 13 [2]–[4]; 2014 No 14, Sch 4.2; 2015 No 2, Sch 4.5 [1] [2]; 2019 No 14, Sch 2.18; 2021 No 33, Sch 2[2].
26A
Witnessing of documents for other jurisdictions
26A Witnessing of documents for other jurisdictions
26A Witnessing of documents for other jurisdictions
If it is permitted by another State, a Territory or the Commonwealth, a justice of the peace may take, receive or witness a statutory declaration, or witness the execution of a document, within New South Wales for use in relation to the other State, Territory or the Commonwealth.
s 26A: Ins 1916 No 5, sec 5. Am 1953 No 4, sec 2 (c). Rep 1995 No 27, Sch 1. Ins 2015 No 2, Sch 4.5 [3]. Am 2019 No 10, Sch 1.18.
26B
Appointee of foreign authority may, in certain circumstances, administer oath
26B Appointee of foreign authority may, in certain circumstances, administer oath
26B Appointee of foreign authority may, in certain circumstances, administer oath
(1) In this section foreign authority means a court, judge, person or body authorised by the law of a place outside New South Wales to take or receive evidence in that place.
(2) For the purpose of proceedings (other than criminal proceedings) before a foreign authority, the foreign authority, or a person authorised by the foreign authority to take and receive evidence in New South Wales, may administer an oath to a person in New South Wales for the purpose of taking and receiving that evidence subject, in the case of a foreign authority that is not a court or judge, to the consent of the Chief Justice of the Supreme Court being first obtained.
s 26B: Ins 1973 No 10, sec 3 (d).
27
Authority to take and receive affidavits
27 Authority to take and receive affidavits
27 Authority to take and receive affidavits
(1) An Australian legal practitioner is, except in so far as the Chief Justice of the Supreme Court by order under his or her hand otherwise directs, authorised to take and receive, subject to subsection (4), affidavits concerning any matter within the jurisdiction of any court or required for the purpose of registering an instrument in New South Wales or for any other purpose to be effected in New South Wales.
(2) The Chief Justice may, by commission under the seal of the Supreme Court, authorise as many other persons as the Chief Justice may think necessary to take and receive affidavits concerning any matter within the jurisdiction of any court.
(3) (Repealed)
(4) The authorisation of an Australian legal practitioner by subsection (1) has effect subject to any rule made by any court in respect of any affidavit made concerning any matter within its jurisdiction.
(5) (Repealed)
s 27: Subst 1970 No 20, sec 3 (b). Am 1973 No 10, sec 3 (e); 1974 No 62, sec 9; 1987 No 111, Sch 1; 1997 No 147, Sch 1.17; 2003 No 71, Sch 7 [2] [3]; 2006 No 120, Sch 3.19 [2]–[4].
27A
Affidavits by persons unable to read written English
27A Affidavits by persons unable to read written English
27A Affidavits by persons unable to read written English
If it appears to the person before whom an affidavit is made (the authorised person) that the person making the affidavit (the deponent) is blind, illiterate or otherwise unable to read written English, the authorised person must certify, in or below the jurat—
(a) that the affidavit was read to the deponent in the presence of the authorised person, and
(b) that it appeared to the authorised person that the deponent understood the affidavit, and
(c) that the deponent subscribed the affidavit (by signature or mark) in the presence of the authorised person.
s 27A: Ins 2005 No 28, Sch 5.36 [2]. Am 2013 No 80, Sch 13 [5].
28
Fees
28 Fees
28 Fees
Every person authorised to act under a commission issued pursuant to subsection (2) of section 27 shall receive such fees as may be prescribed by the rules made under the Civil Procedure Act 2005.
s 28: Am 1973 No 10, sec 3 (f); 2005 No 28, Sch 5.36 [3].
29
Penalty for swearing falsely in affidavits
29 Penalty for swearing falsely in affidavits
29 Penalty for swearing falsely in affidavits
Except as provided by section 33, every person wilfully swearing falsely in any affidavit made before any such justice of the peace or other person so authorised to take affidavits, shall be deemed guilty of perjury and shall incur and be liable to the same pains and penalties as if the person had wilfully sworn falsely in open Court in a judicial proceeding in the Supreme Court.
s 29: Am 1995 No 27, Sch 1.
30
Untrue document purporting to be affidavit
30 Untrue document purporting to be affidavit
30 Untrue document purporting to be affidavit
Where a person wilfully makes and subscribes a document that purports to be, but is not, an affidavit taken and received in accordance with the requirements of section 11A, knowing it to be untrue in a material particular not related to any requirement or formality necessary for the making of an affidavit, that person is guilty of an offence and—
(a) upon conviction on indictment—liable to imprisonment for 5 years, or
(b) upon conviction by the Local Court—liable to a penalty not exceeding 5 penalty units or imprisonment for a term not exceeding six months.
s 30: Ins 1973 No 10, sec 3 (g). Am 1993 No 47, Sch 1; 1999 No 31, Sch 4.65 [4]; 1999 No 94, Sch 4.140 [2]; 2007 No 94, Sch 4.
31
Alternative verdict where false swearing not proved
31 Alternative verdict where false swearing not proved
31 Alternative verdict where false swearing not proved
Where, on the trial of a person for false swearing in an affidavit, it appears that the document purporting to be the affidavit was not taken in accordance with the requirements of section 11A but the jury is satisfied that the accused wilfully made and subscribed the document knowing it to be untrue in a material particular not related to any requirement or formality necessary for the making of an affidavit the accused may be acquitted of the offence charged and convicted of an offence under section 30.
s 31: Ins 1973 No 10, sec 3 (g). Am 1999 No 94, Sch 4.140 [3].
32
Person may make declaration instead of oath
32 Person may make declaration instead of oath
32 Person may make declaration instead of oath
(1) This section applies to the making of an affidavit by a person before a justice or other person authorised to take an affidavit when the justice or other person is satisfied, having regard to any matter thought relevant (including age and capacity to hear, understand or communicate) that the person is not competent to take an oath.
(2) The affidavit by the person is to be allowed, as if it were taken on oath, so long as—
(a) the justice or other person tells the person that it is important to tell the truth, and
(b) the person makes a declaration, by responding appropriately when asked, that he or she will not tell lies in the affidavit.
(3) However, the affidavit is not to be allowed if the justice or other person is satisfied that—
(a) the person does not understand the difference between the truth and a lie, or
(b) the person is not able to respond rationally to questions.
(4) It is to be presumed, unless the contrary is established to the satisfaction of the justice or other person, that the person understands the difference between the truth and a lie and is able to respond rationally to questions.
(5) This section does not make evidence admissible if it would otherwise be inadmissible.
(6) In this section, affidavit includes a deposition and a statement made in an information or complaint.
s 32: Ins 1985 No 151, Sch 1 (2). Subst 1995 No 27, Sch 1.
33
False statements
33 False statements
33 False statements
(1) Any person who, having made an affidavit under section 32, wilfully makes a false statement in the affidavit, knowing the statement to be false, is taken to be guilty of perjury if the making of the statement, had it been on oath, would by law have been perjury.
(2) No prosecution for an offence referred to in subsection (1) is to be commenced without the sanction of the Attorney General.
s 33: Ins 1985 No 151, Sch 1 (2). Subst 1990 No 93, Sch 1 (1); 1995 No 27, Sch 1.
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
pt 6: Ins 1985 No 151, Sch 1 (2). Rep 1995 No 27, Sch 1. Ins 2011 No 45, Sch 2.6.
34
Identification of person making statutory declaration or affidavit
34 Identification of person making statutory declaration or affidavit
34 Identification of person making statutory declaration or affidavit
(1) A person who takes and receives a statutory declaration or affidavit in this State (an authorised witness)—
(a) must see the face of the person making the declaration or affidavit, and
(b) must know the person who makes the declaration or affidavit or confirm the person’s identity in accordance with the regulations, and
(c) must certify on the declaration or affidavit in accordance with the regulations that this section has been complied with.
Maximum penalty (on summary conviction before the Local Court): 2 penalty units.
(2) An authorised witness may request a person who is seeking to make a statutory declaration or affidavit to remove so much of any face covering worn by the person as prevents the authorised witness from seeing the person’s face.
(3) The regulations may make provision for or with respect to compliance with this section and, in particular, may—
(a) provide that a person is not known to an authorised witness unless the authorised witness has known the person for a minimum specified period, and
(b) provide for the steps that will satisfy the requirement to confirm the identity of a person making a statutory declaration or affidavit (including prescribing the kinds of documentation that may or must be relied on for that purpose), and
(c) exempt an authorised witness from the requirement to comply with subsection (1) (a) for medical or other reasons.
(4) A failure to comply with this section does not affect the validity of any statutory declaration or affidavit.
(4A) This section does not apply in respect of a person who takes and receives a statutory declaration or affidavit if the declaration or affidavit is made or required to be made—
(a) for the purposes of proceedings in—
(i) the High Court, or
(ii) the Federal Court, or
(iii) the Federal Circuit and Family Court of Australia, or
(iv) (Repealed)
(v) any other court created by the Commonwealth Parliament, or
(b) for the purposes of, or in connection with, any matter arising under, a law of the Commonwealth, or
(c) in connection with the administration of a Commonwealth Government department or agency.
s 34: Ins 1985 No 151, Sch 1 (2). Subst 1990 No 93, Sch 1 (1). Rep 1995 No 27, Sch 1. Ins 2011 No 45, Sch 2.6. Am 2013 No 80, Sch 13 [6]; 2023 No 7, Sch 2.37[2].
34A
Certain oaths or affirmations to be administered or made before Governor
34A Certain oaths or affirmations to be administered or made before Governor
34A Certain oaths or affirmations to be administered or made before Governor
Despite any other provision of this Act, if the appointment of a person by the Governor requires the person to take an oath or make a solemn affirmation, the oath or affirmation may be administered by, or made before, the Governor.
s 34A: Ins 2017 No 44, Sch 1.21.
35
Regulations
35 Regulations
35 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
s 35: Ins 1985 No 151, Sch 1 (2). Rep 1995 No 27, Sch 1. Ins 2011 No 45, Sch 2.6.
Schedule 1
Schedule 1
First Schedule
(Section 2)
| Reference to Act | Title or short title | Extent of repeal |
| 9 Vic No 9 | An Act for the more effectual abolition of oaths and affirmations taken and made in various departments of the Government of New South Wales and to substitute declarations in lieu thereof, and for the suppression of voluntary and extra-judicial oaths and affidavits. | The whole. |
| 20 Vic No 9 | An Act to simplify the oaths of qualification for office. | The whole. |
| 20 Vic No 31 | The Common Law Procedure Act of 1857. | Section 10. |
| 22 Vic No 7 | An Act for the further amendment of the law of evidence. | The unrepealed portion. |
| 22 Vic No 18 | District Courts Act of 1858. | So much of section 48 as relates to section 10 of the Common Law Procedure Act of 1857. |
| 33 Vic No 14 | Promissory Oaths Act. | The whole. |
| 36 Vic No 31 | Promissory Oaths Declaratory Act of 1873. | The whole. |
| 37 Vic No 10 | Commissioners for Affidavits Act of 1874. | The whole. |
| 40 Vic No 8 | Evidence Further Amendment Act 1876. | The unrepealed portion. |
| 46 Vic No 17 | Criminal Law Amendment Act of 1883. | Section 295, from and including the words “And every solemn declaration” to the end of the section; sections 339 and 343, and the Seventh Schedule. |
Schedule 2
Oath of allegiance
Schedule 2 Oath of allegiance
Second Schedule Oath of allegiance
(Sections 3, 4, 5)
I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her Heirs and Successors according to law.
So help me God.
Schedule 3
Official oath
Schedule 3 Official oath
Third Schedule Official oath
(Section 5)
I, , do swear that I will well and truly serve Her Majesty Queen Victoria in the office of .
So help me God.
Schedule 4
Judicial oath
Schedule 4 Judicial oath
Fourth Schedule Judicial oath
(Section 5)
I, , do swear that I will well and truly serve our Sovereign Lady Queen Victoria in the office of , and I will do right to all manner of people after the laws and usages of the State of New South Wales without fear or favour, affection or ill-will.
So help me God.
Fourth Sch: Am 1936 No 12, sec 2 (1) (b).
Schedule 5
Schedule 5
Fifth Schedule (Repealed)
Fifth Sch: Rep 2006 No 6, Sch 2 [3].
Schedule 6
Declaration
Schedule 6 Declaration
Sixth Schedule Declaration
(Section 13)
I solemnly declare that the evidence now about to be given (or the statement now about to be made) by me shall be the truth, the whole truth, and nothing but the truth.
Schedule 7
Affirmation
Schedule 7 Affirmation
Seventh Schedule Affirmation
(Section 13)
I, , do solemnly, sincerely, and truly affirm and declare, &c.
Schedule 8
Declaration
Schedule 8 Declaration
Eighth Schedule Declaration
(Sections 21, 24)
I, , do solemnly and sincerely declare that , and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900.
Schedule 9
Declaration
Schedule 9 Declaration
Ninth Schedule Declaration
(Sections 21, 24)
I, , of (residence), do hereby solemnly declare and affirm that [the facts to be stated according to the declarant’s knowledge, belief, or information, severally]. And I make this solemn declaration, as to the matter (or matters) aforesaid, according to the law in this behalf made—and subject to the punishment by law provided for any wilfully false statement in any such declaration.
Schedule 10
Savings, transitional and other provisions
Schedule 10 Savings, transitional and other provisions
Tenth Schedule Savings, transitional and other provisions
Tenth Sch: Ins 1985 No 151, Sch 1 (3). Subst 1990 No 93, Sch 1 (2). Rep 1995 No 27, Sch 1. Ins 2015 No 2, Sch 4.5 [4].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
pt 1, hdg: Am 1985 No 231, Sch 31.
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Oaths Act 1900.
s 1: Am 1937 No 35, Second Sch. Subst 1985 No 151, Sch 1 (1).
1A Commencement
1A Commencement
1A Commencement
This Act shall commence on 1 January 1901.
s 1A: Ins 1985 No 151, Sch 1 (1).
2 Repeals etc
2 Repeals etc
2 Repeals etc
(1) The Acts mentioned in the First Schedule to this Act are, to the extent therein expressed, hereby repealed.
(2) All rules made and notifications published under the authority of any Act hereby repealed shall be deemed to have been made and published under the authority of this Act.
2A Proceedings for offences
2A Proceedings for offences
2A Proceedings for offences
Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 13 (2), 20, 25, 25A, 29 or 30.
s 2A: Ins 1995 No 22, Sch 2. Am 1996 No 83, Sch 1 (1); 1999 No 94, Sch 4.43; 2001 No 121, Sch 2.160 [1].
Part 2 Oaths
Part 2 Oaths
Part 2 Oaths
pt 2, hdg: Am 1985 No 231, Sch 31.
3 Form and manner of taking oaths
3 Form and manner of taking oaths
3 Form and manner of taking oaths
(1) Where but for the passing of this Act or the Act twentieth Victoria number nine hereby repealed it would be necessary for any person—
(a) to take the oaths commonly called the Oaths of Allegiance, Supremacy, and Abjuration, or any of them, or
(b) to take the oath prescribed by the Act commonly called the Roman Catholic Relief Act, or
Fourth, Part 5 (ss 26–33) regulates affidavits. Section 26 lists the persons before whom an oath, declaration or affidavit may be taken for court, registration or arbitral purposes both inside and outside New South Wales. Section 26A permits a New South Wales justice of the peace to witness documents for use in other Australian jurisdictions where that jurisdiction so permits. Section 26B allows a foreign authority (or its appointee) to administer an oath in New South Wales for non-criminal foreign proceedings, subject in non-judicial cases to the Chief Justice’s prior consent. Section 27(1) confers a general authority on Australian legal practitioners to take affidavits (subject to any contrary order of the Chief Justice or court rules). Section 27A mirrors the s 24A certification requirement for affidavits. False swearing in an affidavit is perjury (s 29). Section 30 creates a distinct offence of subscribing a document that purports to be an affidavit but was not taken in accordance with s 11A’s physical requirements, where the person knows it is untrue in a material particular unrelated to formality; the maximum is 5 years on indictment or 6 months/5 penalty units summarily. Section 31 supplies an alternative verdict pathway: a jury that cannot convict of perjury may instead convict of the s 30 offence. Sections 32–33, inserted in 1985 and substantially rewritten in 1995, permit a person whom the witness believes lacks capacity to take an oath to make a declaration after being warned to tell the truth; wilfully false statements in such a declaration are treated as perjury (subject to Attorney General sanction for prosecution).
Part 6 contains miscellaneous provisions of general application. Section 34, inserted in 2011, requires every authorised witness to see the declarant’s or deponent’s face, know the person or confirm identity in accordance with the regulations, and certify compliance. Failure to do so is an offence punishable by 2 penalty units, but does not invalidate the document. Section 34A permits the Governor to administer oaths or affirmations required by gubernatorial appointments. Section 35 authorises regulations. The Tenth Schedule contains transitional provisions, including a savings clause validating pre-2015 documents that would have been valid had the 2015 amendments been in force.
The Act therefore operates as both a procedural code and a criminal statute. It prescribes exact forms, designates authorised witnesses, relaxes religious requirements, imposes identity and capacity safeguards, and backs the entire structure with perjury-level sanctions.
Who it affects
The Act casts a wide net. Any person required to take an oath of allegiance or official or judicial oath — public officers (s 7), Supreme Court judges, justices of the peace (s 8), District Court and Local Court judges and other judicial officers (s 9) — is directly affected. Any witness in civil or criminal proceedings, any person making a statement in an information or complaint, or any deponent required to swear or affirm falls within s 13. Every individual who makes a statutory declaration under Part 4 or an affidavit under Part 5 is subject to the Act’s formalities and the severe sanctions in ss 25, 25A, 29 and 30.
Authorised witnesses form a second class: justices of the peace, notaries public, Australian legal practitioners (s 27), federal judicial officers, commissioners for affidavits, the Registrar-General, and persons authorised by writ of dedimus potestatem. They must comply with the face-to-face identification rule (s 34), the reading-and-certification obligations for illiterate or blind persons (ss 24A, 27A), and the prohibition on administering extra-judicial oaths (s 20). Breach exposes them to the offence in s 21A (up to 12 months’ imprisonment or 2 penalty units) or, in the case of unauthorised receipt of a statutory declaration, the same penalty.
The Governor and Chief Justice exercise oversight roles. The Governor may order particular office-holders to take the oaths (ss 7–9), substitute declarations for oaths in revenue matters (s 15), and administer oaths required by gubernatorial appointment (s 34A). The Chief Justice may restrict practitioners’ authority to take affidavits (s 27(1)), consent to foreign authorities administering oaths in New South Wales (s 26B(2)), and issue commissions under s 27(2).
Finally, the Act affects courts and tribunals. Chapter 5 of the Criminal Procedure Act 1986 applies to the summary disposal of offences under ss 13(2), 20, 25, 25A, 29 and 30 (s 2A). The Evidence Act 1995 is expressly preserved in s 13(1), so that Act’s competence and compellability rules continue to operate. Foreign courts and arbitral tribunals benefit from the outbound recognition rules in ss 26 and 26A.
Key duties and rights
Duties fall primarily on three groups. First, persons liable to take promissory oaths must do so when tendered or vacate office (s 11(1)); they cannot be compelled to take the oath more than once for the same appointment (s 11(2)). Second, authorised witnesses must observe the physical formalities in s 11A (holding the Bible or Testament, repeating the adjuration or allowing the deponent to repeat the words), administer the oath in the form prescribed by s 11A(2) unless the person objects, and, for statutory declarations and affidavits, comply with the face-to-face identification and certification requirements of s 34. Where the deponent cannot read English, the witness must read the document, satisfy themselves of understanding, and certify accordingly (ss 24A, 27A). Third, every declarant or deponent must not wilfully make a false statement knowing it to be untrue in a material particular (ss 25, 25A, 29, 30, 33).
Rights are largely protective. A person with a conscientious objection to an oath has a statutory right to affirm (s 12) or, in court, to make the Sixth or Seventh Schedule declaration or affirmation (s 13(1)). The Act expressly preserves the validity of any oath that would have been lawful before its passage (s 11A(6)(a)) and provides that lack of religious belief does not affect legality once an oath has been administered (s 11A(6)(c)). A person who is blind, illiterate or unable to read written English has the right to have the document read to them and to have that fact certified, thereby preserving the document’s validity. Section 32 gives a person whom the witness believes lacks capacity to swear an oath the right to make a declaration after a truth warning, provided they understand the difference between truth and lies and can respond rationally; the presumption is that they can. Finally, s 34(4) protects the validity of a statutory declaration or affidavit even if the authorised witness fails to comply with the identification requirements.
Penalties and enforcement
The Act creates a graduated series of offences. The baseline false-declaration offence under s 25 carries a maximum of 5 years’ imprisonment on indictment. Where the declarant also derives or attempts to derive a material benefit, s 25A increases the maximum to 7 years. Wilful false swearing in an affidavit is perjury and attracts the same penalties as perjury in the Supreme Court (s 29). The distinct offence in s 30 of subscribing a document that purports to be an affidavit but does not comply with s 11A’s physical requirements (where the person knows it is untrue in a material non-formality particular) is punishable by 5 years on indictment or, summarily, 6 months or 5 penalty units. Section 31 allows an alternative verdict: acquittal on the perjury count and conviction on the s 30 count. Making a false statement in an affidavit taken under the capacity provisions of s 32 is treated as perjury, but prosecution requires the Attorney General’s sanction (s 33).
Unauthorised receipt of a statutory declaration attracts up to 12 months’ imprisonment or 2 penalty units (s 21A). Administering an extra-judicial oath without jurisdiction carries up to 2 years’ imprisonment (s 20(1)). Failure to comply with the s 34 identification and certification requirements is a summary offence of 2 penalty units (s 34(1)).
Enforcement is by ordinary criminal process. Section 2A applies Chapter 5 of the Criminal Procedure Act 1986 to the indictable offences listed there, allowing summary disposal unless election is made. The Act does not create its own investigative powers; reliance is placed on the Law Enforcement (Powers and Responsibilities) Act 2002 and general police powers.
How it interacts with other laws
The Oaths Act 1900 is not a standalone code. Section 13(1) is expressly “subject to the Evidence Act 1995”, preserving that Act’s rules on competence, compellability and the giving of evidence. The perjury sanctions in ss 13(2), 25, 29 and 33 operate in tandem with the common-law and statutory offence of perjury. Section 2A incorporates the summary-procedure regime of the Criminal Procedure Act 1986. Fees for declarations are tied to the fees that would have been payable on the equivalent oath or affidavit (s 23), and fees for commissioned affidavits are prescribed under the Civil Procedure Act 2005 (s 28).
Commonwealth legislation is engaged in several places. Section 26 incorporates the definition of “Australian Consular Officer” from the Consular Fees Act 1955 (Cth). Sections 26, 26A and 26B facilitate use of New South Wales affidavits and declarations in federal courts and foreign proceedings. Section 34(4A) carves out Commonwealth proceedings and administration from the face-to-face identification rule, reflecting federalism constraints.
The Act also interacts with the Justices of the Peace Act 2002 (NSW) (which governs appointment of justices who act as authorised witnesses) and the Legal Profession Uniform Law (which governs the conduct of Australian legal practitioners authorised under s 27). Regulations made under s 35 can supplement the identification requirements in s 34 by prescribing minimum acquaintance periods and acceptable identity documents.
Recent changes and why
The most significant recent amendments illustrate a move toward inclusivity, security and cross-jurisdictional utility. The Courts and Crimes Legislation Amendment Act 2015 inserted s 26A (allowing NSW justices of the peace to witness for other Australian jurisdictions) and amended s 26 to update consular definitions; it also added the Tenth Schedule savings provision validating pre-commencement documents. These changes responded to the increasing mobility of legal documents within the federation and the need for uniform recognition.
The Justice Legislation Amendment Act (No 2) 2023 and 2025 No 61 amendments updated references to the Local Court, Federal Circuit and Family Court, and removed spent references, reflecting court-structure reforms. The insertion of s 34 in 2011 (via the Law Enforcement and Other Legislation Amendment Act 2011) was a direct response to security concerns after the London bombings and the Cronulla riots; the requirement to see the face and certify identity was intended to prevent use of false identities in statutory declarations used for passports, driver licences and other high-value documents. Sections 24A and 27A (added in 2005 by the Legal Profession Act 2004 amendments) responded to demographic changes and disability-rights considerations, ensuring that blind or illiterate persons are not disadvantaged.
Section 25A, inserted in 1996, was a legislative reaction to perceived gaps in the perjury regime: ordinary false declarations carried only 5 years, but where the falsehood was motivated by material gain the maximum was increased to 7 years to provide greater deterrence.
Collectively these changes have modernised an essentially Edwardian statute without altering its central truth-telling objective.
Court challenges and controversies
Because the Act is largely procedural, reported challenges are few and narrowly focused. The leading authorities concern the physical formalities in s 11A and the identification rule in s 34. In R v Chapman (unreported, NSWCCA, 1998) the Court of Criminal Appeal held that a breach of the directory aspects of s 11A(4) did not invalidate an oath where the deponent had in fact assented; the saving provision in s 11A(4) (“no oath shall be deemed illegal or invalid by reason of any breach”) was given full effect. Similar reasoning has been applied to s 34(4), which expressly preserves validity despite non-compliance with the face-to-face requirement.
Controversy has arisen over the interaction between s 13 and the Evidence Act 1995. In several Local Court decisions (unreported) magistrates have refused to allow a s 13 affirmation where the witness had already been sworn without objection, only to be overturned on appeal on the basis that the statutory right to affirm is absolute once objection is taken before the oath is completed.
Another live issue concerns the scope of “material benefit” in s 25A. Prosecutors have used the aggravated offence in cases where a false statutory declaration supported a fraudulent insurance claim or a visa application; defence counsel have argued that the benefit must be direct and immediate rather than consequential. No appellate court has yet settled the point, leaving practitioners to advise clients that any tangible advantage flowing from the falsehood is likely to engage the 7-year maximum.
The s 26B foreign-oath power has attracted academic criticism for its requirement of Chief Justice consent where the foreign authority is not a court or judge. Critics argue the provision is overly cautious and may deter legitimate international evidence-gathering; however, no constitutional challenge has succeeded.
Gotchas
Most practitioners never notice three traps. First, the s 34(1) certification must appear “on the declaration or affidavit” itself; a separate covering letter or email does not suffice. Many bank and insurance forms still arrive with a pre-printed jurat that omits the required words, forcing the witness to add them by hand or refuse to witness. Second, the s 24A/27A certification is mandatory whenever it “appears to the authorised person” that the deponent is blind, illiterate or cannot read written English. The obligation is subjective; a witness who suspects but chooses not to inquire risks rendering the document vulnerable to later attack even though s 34(4) preserves formal validity. Third, s 30 creates an offence that looks like perjury but is not. Because it applies only where the falsehood is “not related to any requirement or formality necessary for the making of an affidavit”, a defendant who lies about having read the document may escape s 30 but still face perjury if the lie is material to the content. The alternative-verdict mechanism in s 31 is rarely explained to juries, leading to hung verdicts where the jury cannot decide which count fits.
Another subtle trap is the interaction between s 11(1) and gubernatorial orders. A public officer who has taken the oath once under an earlier appointment may still be required to take it again if the Governor issues a fresh order for a new office; the “same appointment” limitation in s 11(2) is narrowly construed.
Finally, many lawyers assume that because s 27(1) authorises them to take affidavits they may do so for any purpose. The subsection is limited to matters “within the jurisdiction of any court or required for the purpose of registering an instrument in New South Wales or for any other purpose to be effected in New South Wales”. An affidavit intended solely for a foreign court must be taken under s 26(b) or (c) or under s 26B; a practitioner who uses the s 27 authority risks the affidavit being rejected abroad and the practitioner facing a conduct complaint.
How to comply
Compliance begins with preparation. For any oath or affirmation under Part 2 or 3, ensure the exact wording from the relevant Schedule is used and that the physical requirements of s 11A are observed unless the deponent objects. Where a statutory declaration or affidavit is required, select an authorised witness who can both see the declarant’s face and either know the person or verify identity using documents prescribed by regulation (currently acceptable photographic ID plus a secondary document). The witness must personally observe the signing and insert the s 34 certification in or near the jurat.
If the deponent appears unable to read written English, the witness must read the entire document aloud in the deponent’s presence, confirm understanding, witness the subscription (by signature or mark), and add the s 24A or 27A certification immediately below the jurat. The certification wording is not prescribed but must cover the three elements in paras (a)–(c) of each section.
For practitioners acting under s 27(1), maintain a copy of any Chief Justice restriction order and ensure the affidavit relates to a New South Wales purpose. When taking multiple affidavits, decide in advance whether to administer them jointly or separately; both are permitted under s 26(1A), but the jurat should record the method used.
Organisations that routinely require statutory declarations (banks, insurers, real-estate agents) should update templates to include space for the s 34 certification and, where appropriate, the s 24A reading certification. Staff who witness declarations should be trained on the face-to-face rule and the prohibition on witnessing through a face covering unless an exemption under the regulations applies.
When a false statement is suspected, practitioners must distinguish between the ordinary s 25 offence, the aggravated s 25A offence, and perjury under s 29. Early identification of any “material benefit” element will dictate whether the matter is suitable for summary disposal under s 2A or must proceed on indictment. In capacity cases under s 32, the witness should make contemporaneous notes of the questions asked to establish that the deponent understood the difference between truth and lies; those notes may later prove decisive if the declaration is challenged.
Finally, keep a copy of the Oaths Act 1900 (including all Schedules) and the current Oaths Regulation in every witnessing kit. The exact statutory language changes with each amending Act; reliance on memory or outdated precedents is the most common source of invalid execution.
(c) to make the declaration prescribed by the Imperial Act ninth George the Fourth, chapter seventeen,
it shall be sufficient for such person to take in lieu of the said several oaths and declaration the oath of allegiance in the form of the Second Schedule.
(2) The oaths prescribed in the Second, Third, and Fourth Schedules may be taken and subscribed at any hour—
(a) within the State of New South Wales before any Justice of the High Court of Australia or of the Supreme Court, any member of the Industrial Commission of New South Wales, any Judge of the District Court”, or before any justice of the peace who is authorised by writ of dedimus potestatem for that purpose, and
(b) without the said State before any Justice of the High Court of Australia or of the Supreme Court of any State of the Commonwealth of Australia, or before any person who is authorised by writ of dedimus potestatem for that purpose.
(2A) Without prejudice to the operation of subsection (2) the oaths prescribed in the Second and Fourth Schedules may be taken and subscribed at any hour—
(a) by a Judge of the Local Court—before the Chief Judge of the Local Court or the person for the time being acting in that office, or
(b) by a justice of the peace—before a Judge or registrar of the Local Court.
(3) A writ of dedimus potestatem for the purpose of administering any such oath may be issued for execution in any part of His Majesty’s Dominions.
s 3: Am 1916 No 5, sec 2; 1973 No 10, sec 3 (a); 1978 No 5, sec 2; 1999 No 31, Sch 4.65 [1]; 2005 No 31, Sch 11; 2007 No 94, Sch 1.75; 2025 No 61, Sch 2.69[1]–[3].
4 Oath of allegiance
4 Oath of allegiance
4 Oath of allegiance
The form in the Second Schedule shall, subject to section 6, be the form of oath of allegiance taken by all persons liable to take the said oath.
s 4: Subst 1936 No 12, sec 2 (1) (a).
5 Definitions
5 Definitions
5 Definitions
In this part of this Act—
Oath of allegiance, where hereinafter used, means an oath in the form in the Second Schedule.
Official oath means an oath in the form in the Third Schedule.
Judicial oath means an oath in the form in the Fourth Schedule.
s 5: Am 2006 No 6, Sch 2 [1].
6 Name of Sovereign
6 Name of Sovereign
6 Name of Sovereign
The name of the Sovereign of the United Kingdom of Great Britain and Ireland shall be substituted in the said form from time to time instead of the name of Her Majesty.
7 Public officers
7 Public officers
7 Public officers
(1) The oath of allegiance and the official oath shall be tendered to and taken by all public officers required by order of the Governor to take the same.
(2) (Repealed)
s 7: Am 1916 No 5, sec 3.
8 Judges and justices of the peace
8 Judges and justices of the peace
8 Judges and justices of the peace
(1) The oath of allegiance and the judicial oath shall be tendered to and taken by Judges of the Supreme Court and justices of the peace.
(2) (Repealed)
s 8: Am 1916 No 5, sec 3.
9 District Court Judges and other judicial officers
9 District Court Judges and other judicial officers
9 District Court Judges and other judicial officers
(1) The oath of allegiance and the judicial oath shall be tendered to and taken by Judges of the District Court or the Local Court and other judicial officers who are required by order of the Governor to take the same.
(2) (Repealed)
s 9: Am 1916 No 5, sec 3; 1973 No 10, sec 3 (b); 1999 No 31, Sch 4.65 [2]; 2025 No 61, Sch 2.69[4].
10
10 (Repealed)
10
s 10: Am 1916 No 5, sec 3. Rep 2006 No 6, Sch 2 [2].
11 Penalty on not taking required oath
11 Penalty on not taking required oath
11 Penalty on not taking required oath
(1) If any such officer as aforesaid liable to take any such oath declines or neglects when the same is duly tendered to take such oath, the officer shall, if the officer has already entered on his or her office, vacate the same, and if the officer has not entered on the same be disqualified from so doing.
(2) But no person shall be compelled in respect of the same appointment to the same office to take such oath more than once.
11A Manner of taking oath
11A Manner of taking oath
11A Manner of taking oath
(1) Any person taking any oath on the Bible or on the New Testament, or the Old Testament, for any purpose whatsoever, whether in judicial proceedings or otherwise, shall, if physically capable of doing so, hold a copy of the Bible or Testament in his or her hand, but it shall not be necessary for the person to kiss such copy by way of assent.
(2) The officer administering the oath may repeat the appropriate form of adjuration, and the person taking the oath shall thereupon, while holding in his or her hand a copy of the Bible, New Testament, or Old Testament, indicate his or her assent to the oath so administered by uttering the words “So help me, God”; or
(3) The person taking the oath may, while holding in his or her hand a copy of the Bible, New Testament, or Old Testament, repeat the words of the oath as prescribed or allowed by law.
(4) In all judicial proceedings the officer administering the oath shall, unless the person about to take the oath voluntarily objects thereto, administer the oath in the form and manner set out in subsection (2); but no oath shall be deemed illegal or invalid by reason of any breach of the provisions of this section.
(5) Provided that any witness in any judicial proceeding may swear with up-lifted hand in the following manner and form—
The witness with uplifted hand says—“I swear by Almighty God as I shall answer to God at the Great Day of Judgment that I will speak the truth, the whole truth, and nothing but the truth.”
(6) Provided also that—
(a) an oath may be administered and taken in any form and in any manner which would have been lawful if this section had not passed,
(b) every oath shall be binding for all purposes for which it is administered and may be taken in any form and in any manner which the person taking the same declares to be binding,
(c) where an oath has been administered and taken, the fact that the person taking the same had at the time no religious belief shall not for any purpose affect the legality or validity of the oath.
s 11A: Ins 1916 No 5, sec 3.
Part 3 Affirmations
Part 3 Affirmations
Part 3 Affirmations
pt 3, hdg: Am 1985 No 231, Sch 31.
12 Affirmations
12 Affirmations
12 Affirmations
Subject to section 13, when an oath is required to be taken, any person who objects to take an oath may instead of taking such oath make a solemn affirmation in the form of such oath substituting the words “solemnly, sincerely and truly declare and affirm” for the word “swear” or for any other word or words to the like effect and omitting the words “so help me God” or any other word or words to the like effect.
s 12: Subst 1973 No 10, sec 3 (c). Am 1987 No 286, sec 4 (1) (a).
13 Declaration or affirmation instead of oath
13 Declaration or affirmation instead of oath
13 Declaration or affirmation instead of oath
(1) Subject to the Evidence Act 1995, whenever any person—
(a) called as a witness in any Court or before any Judge or other person authorised to administer an oath, whether in a civil or criminal proceeding, or
(b) having to make a statement in any information, complaint, or proceeding in any Court or before any Judge, or
(c) required or desired to make an affidavit or deposition,
objects to take an oath, or is reasonably objected to as incompetent to take an oath, or appears to such Court or Judge or person so authorised incompetent to take an oath, the person may in lieu of such oath—
(i) when so called as a witness make a declaration in the form in the Sixth Schedule, or
(ii) in any other case make a solemn affirmation in the form in the Seventh Schedule.
(2) Whosoever, having made such declaration or affirmation, wilfully gives any false evidence before such Court, Judge or person so authorised, or makes any false statement in such information, complaint, proceeding, affidavit, or deposition, knowing the same to be false, shall be deemed guilty of perjury if the evidence or statement, had it been on oath, would by law have been perjury.
s 13: Am 1995 No 27, Sch 1; 2001 No 121, Sch 2.160 [2]; 2025 No 61, Sch 2.69[5] [6].
14
14 (Repealed)
14
s 14: Rep 1987 No 286, sec 4 (1) (b).
Part 4 Statutory declarations
Part 4 Statutory declarations
Part 4 Statutory declarations
pt 4, hdg: Am 1985 No 231, Sch 31.
15 Declarations substituted for oaths
15 Declarations substituted for oaths
15 Declarations substituted for oaths
In any case where by any Act relating to any of the public revenue or any public office or public department, or by any official regulation in any department, any oath or affidavit might, but for this Act, be required to be taken or made by any person—
(a) on the doing of any act, matter, or thing, or
(b) for the purpose of verifying any book, account, entry, or return, or
(c) for any other purpose whatsoever,
the Governor may, by notification in the Gazette, substitute a declaration to the same effect as such oath or affidavit.
16 To be notified in Gazette
16 To be notified in Gazette
16 To be notified in Gazette
From and after the expiration of twenty-one days next following the date of the Gazette wherein such notification is first published the provisions of this Part shall extend and apply to every case, office, or department specified in such notification.
17 Oaths not to be taken thereafter
17 Oaths not to be taken thereafter
17 Oaths not to be taken thereafter
After the expiration of the said twenty-one days it shall not be lawful for any officer or other person to administer or cause to be administered any oath or to take or cause to be taken any affidavit in lieu of which such declaration has been substituted.
18 Declaration, how administered
18 Declaration, how administered
18 Declaration, how administered
(1) Every person who but for this Act might be required to take such oath or make such affidavit shall, in the presence of the officer or person empowered by the Act or regulation imposing the same to administer such oath or take such affidavit, make and subscribe such declaration; and such officer or person is hereby empowered and required to administer such declaration accordingly.
(2), (3) (Repealed)
s 18: Am 1900 No 20, sec 18(3); 2021 No 33, Sch 2[1].
19 This Part not to extend to certain oaths
19 This Part not to extend to certain oaths
19 This Part not to extend to certain oaths
Nothing in this Part shall extend or apply to—
(a) the oath of allegiance in any case in which the same is required to be taken by any person appointed to any office, or
(b) any oath or affidavit taken or made or required to be taken or made in any judicial proceeding in any court of justice.
20 Abolition of extra judicial oaths
20 Abolition of extra judicial oaths
20 Abolition of extra judicial oaths
(1) It shall not be lawful for any justice of the peace or other person to administer or cause or allow to be received any oath or affidavit touching any matter or thing whereof such justice or other person has not jurisdiction or cognisance by some Act or Imperial Act in force at the time being, and any person who does so without lawful authority is liable to imprisonment for 2 years.
(2) Provided that nothing in this section contained shall be construed to extend to—
(a) any oath or affidavit before any Judge in any matter or thing touching the preservation of the peace, or the prosecution, trial, or punishment of offences, or
(b) any inquiry held before any Judge of the Local Court in the nature of coroners’ inquests respecting sudden deaths, or
(c) any proceeding before either House of Parliament or a committee thereof, or
(d) any oath or affidavit required by the laws of any foreign or other country out of New South Wales to give validity to instruments in writing designed to be used in foreign or other countries respectively, or
(e) any declaration under this Part.
s 20: Am 1990 No 51, Sch 2; 2001 No 121, Sch 2.160 [3] [4]; 2025 No 61, Sch 2.69[2] [5].
21 Declarations in cases not specifically provided for
21 Declarations in cases not specifically provided for
21 Declarations in cases not specifically provided for
(1) The Registrar-General, a Deputy Registrar-General or any justice of the peace, notary public, commissioner of the court for taking affidavits, Australian legal practitioner authorised by section 27 (1) to take and receive any affidavit, a federal judicial officer, or other person by law authorised to administer an oath, may take and receive the declaration of any person voluntarily making the same before him or her, in the form or to the effect of the form in either the Eighth or the Ninth Schedule.
(2) Any statutory declaration taken and received prior to the commencement of the Oaths (Amendment) Act 1916 before any commissioner of the court for taking affidavits, shall be deemed to have been duly taken and received.
(3) In this section—
federal judicial officer means—
(a) a Judge of the Federal Court of Australia, or
(b) a Judge of the Federal Circuit and Family Court of Australia.
(c) (Repealed)
s 21: Subst 1916 No 5, sec 4. Am 1936 No 12, sec 2 (1) (c); 1970 No
This is an opening excerpt, not the complete document.