7Affidavit instead of oath

### 7 Affidavit instead of oath > > (1)  This section applies to an affidavit before a justice or an appointed person made by a person who the justice or appointed person is satisfied, having regard to any relevant matter, is not competent to take an oath. > > > (2)  The affidavit is – > > > > > > (a) allowed as if it were taken on oath if – > > > > > > > > > > (i) the justice or appointed person tells the person making it that it is important to tell the truth; and > > > > > > > > > > > (ii) that person declares that the affidavit does not contain any lies; and > > > > > > > (b) not allowed if the justice or appointed person is satisfied that the person – > > > > > > > > > > (i) does not understand the difference between the truth and a lie; or > > > > > > > > > > > (ii) is not able to respond rationally to questions. > > > (3)  It is presumed, unless the contrary is established to the satisfaction of the justice or appointed person, that the person – > > > > > > (a) understands the difference between the truth and a lie; and > > > > > > > (b) is able to respond rationally to questions. > > > (4)  This section does not make evidence admissible if it would otherwise be inadmissible.