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Oaths, Affidavits and Declarations Act 2010
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NORTHERN TERRITORY OF AUSTRALIA
OATHS, AFFIDAVITS AND DECLARATIONS ACT 2010
As in force at 1 August 2025
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Application of Criminal Code ........................................................... 2
Part 2 Oaths
5 Form of oath .................................................................................... 2
6 Content of oath ................................................................................ 3
7 Who may administer oath ................................................................ 3
8 How oath to be administered in court or tribunal ............................. 4
9 How oath to be administered in other cases .................................... 5
10 Other Acts may provide for form and administration of oath ............ 5
11 Alternative form and administration of oath ..................................... 5
12 Matters relating to oath in religious form .......................................... 5
Part 3 Affidavits
14 How affidavit to be made ................................................................. 6
14A Electronic signatures and initials ..................................................... 7
15 Who may witness affidavit ............................................................... 8
16 Other Acts may provide for how affidavit to be made ...................... 8
Part 4 Statutory and unattested declarations
17 When declaration may be made ...................................................... 8
18 Form of declaration.......................................................................... 9
19 Written statutory declaration ............................................................ 9
20 Recorded statutory declaration ...................................................... 10
21 Unattested declarations ................................................................. 11
21A Electronic signatures and initials ................................................... 11
22 Other Acts may provide for how declaration to be made ............... 12
Part 5 Commissioners for oaths
23 Commissioners for oaths ............................................................... 12
24 Powers of commissioner for oaths................................................. 13
Oaths, Affidavits and Declarations Act 2010 ii
Part 6 Miscellaneous
24A Minor non-compliance does not affect validity ............................... 13
25 Counter-signing other document or notarial act done out of
Territory ......................................................................................... 14
26 Evidentiary matters – facilitation of proof ....................................... 14
27 Altering an affidavit or declaration to become false or
misleading ..................................................................................... 15
28 Competence of witness unable to understand nature of oath ........ 16
28A Witnessing by audiovisual link ....................................................... 16
29 Regulations.................................................................................... 17
Part 7 Repeals and transitional matters
Division 1 Repeals
30 Acts repealed................................................................................. 17
Division 2 Transitional matters for Oaths, Affidavits and
Declarations Act 2010
31 Definitions ...................................................................................... 17
32 Commissioners for oaths ............................................................... 17
33 Oaths, affidavits and declarations taken or made before
commencement ............................................................................. 18
Schedule 1 Content of oath
Schedule 2 Repealed Acts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 1 August 2025
____________________
OATHS, AFFIDAVITS AND DECLARATIONS ACT 2010
An Act about oaths, affidavits and declarations
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Oaths, Affidavits and Declarations
Act 2010.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
audiovisual link means a facility (including closed-circuit
television) that enables audio and visual communication between
persons at different places.
commissioner for oaths means a person who is a commissioner
for oaths under section 23.
consular official means:
(a) an Australian Consular Officer or Australian Diplomatic Officer,
as defined in section 2 of the Consular Fees Act 1955 (Cth); or
(b) a person authorised, as mentioned in section 3(c) or (d) of the
Consular Fees Act 1955 (Cth), to administer an oath.
defence force officer means:
(a) an officer of the Australian Navy who holds the rank of
Lieutenant or a higher rank; or
Part 2 Oaths
Oaths, Affidavits and Declarations Act 2010 2
(b) an officer of the Australian Army who holds the rank of
Captain or a higher rank; or
(c) an officer of the Australian Air Force who holds the rank of
Flight-Lieutenant or a higher rank.
tribunal means an individual or body, other than a court, authorised
by law or consent of parties to take evidence on oath or otherwise
gather information on oath.
4 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 4
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof.
It also defines, or elaborates on, certain concepts commonly used in the creation
of offences.
Part 2 Oaths
5 Form of oath
(1) If, under a law in force in the Territory, a person is to take an oath,
the form of the oath must be one of the following, according to the
person's preference:
(a) I, … [full name] …, promise ... [content of oath] ;
(b) I, … [full name] …, swear by Almighty God [or a deity
recognised by the person's religion] … [content of oath] … So
help me God! [or as appropriate].
(2) If an oath is to be taken by a person (person A), the person
administering the oath must:
(a) inform person A that he or she can choose the form of the
oath, unless satisfied person A already knows of that choice;
and
(b) ask person A to choose his or her preferred form of oath.
(3) Person A is taken to have chosen to take the oath in the form
mentioned in subsection (1)(a) if:
(a) person A refuses to make a choice; or
(b) person A indicates he or she does not have a preference; or
Part 2 Oaths
Oaths, Affidavits and Declarations Act 2010 3
(c) the person administering the oath is satisfied it is not
reasonably practicable for person A to take an oath in his or
her chosen form.
(4) The person taking the oath may insert into the words mentioned in
subsection (1)(a) or (b), after his or her name, his or her address or
other identifying information.
6 Content of oath
The content of the oath is to be:
(a) if the oath is required under an Act that provides for the
content of the oath – as so provided; or
(b) if the oath is to be made by a person mentioned in Schedule 1
and paragraph (a) does not apply – as set out in Schedule 1
for that person; or
(c) in any other case – as determined by the person administering
the oath to be appropriate in the circumstances.
7 Who may administer oath
(1) An oath taken at a place in the Territory must be administered by
one of the following:
(a) if the oath is taken by a person who is in court:
(i) the presiding officer of the court; or
(ii) if it is not reasonably practicable for the presiding officer
to administer the oath – a person authorised by the
presiding officer to do so;
(b) if the oath is taken by a person who is before a tribunal:
(i) if the tribunal is or is constituted by a single individual –
the tribunal; or
(ii) if the tribunal is constituted by 2 or more members –
one of the sitting members of the tribunal;
(c) if neither paragraph (a) nor (b) apply:
(i) a justice of the peace; or
(ii) a commissioner for oaths;
(d) in any case – any other person authorised by an Act to
administer the oath.
Part 2 Oaths
Oaths, Affidavits and Declarations Act 2010 4
(2) An oath taken at a place outside the Territory for the purposes of a
matter in the Territory must be administered by one of the following:
(a) a person who has authority, under the law of the place, to
administer an oath, take an affirmation or carry out a
comparable process;
(b) a consular official who is performing official functions at the
place;
(c) if the person taking the oath is a member of the Australian
Defence Force – a defence force officer;
(d) any other person authorised by an Act to administer the oath.
8 How oath to be administered in court or tribunal
(1) If an oath is to be taken by a person (person A) who is in court or
before a tribunal, the person administering the oath is to ask
person A:
(a) if the oath is to be taken in the form mentioned in
section 5(1)(a) – "Do you, … [full name] …, promise …
[content of oath] ?"; or
(b) if the oath is to be taken in the form mentioned in
section 5(1)(b) – "Do you, … [full name] …, swear by
Almighty God [or other deity] … [content of oath] … So help
you God! [or as appropriate]?".
(2) Person A takes the oath if he or she gives an unconditional
affirmative answer.
(3) If the oath is taken in the form mentioned in section 5(1)(b) the
words "So help me God!" [or as appropriate] are taken to be an
unconditional affirmative answer.
(4) Person A is taken to have refused to take the oath if he or she:
(a) gives any other answer; or
(b) refuses to answer.
(5) The person administering the oath may insert into the words
mentioned in subsection (1)(a) or (b), after the name of the person
taking the oath, that person's address or other identifying
information.
Part 2 Oaths
Oaths, Affidavits and Declarations Act 2010 5
9 How oath to be administered in other cases
(1) If an oath is to be taken by a person (person A) who is not in court
or before a tribunal, the person administering the oath (person B)
is to require person A, in the presence of person B, to say aloud the
words of the oath either by repeating them after person B or by
reading them.
(2) For subsection (1), person A may take an oath in the physical
presence of person B or by audiovisual link with person B.
Note for section 9
If person A is unable to say the words aloud, the oath may be administered in a
different way under section 11.
10 Other Acts may provide for form and administration of oath
(1) Sections 5 to 9 do not affect any other Act that expressly provides:
(a) for a person to take an oath in a different form; or
(b) for an oath to be administered by a different person; or
(c) for an oath to be administered in a different way.
(2) However if, under another Act, a person is required to take an oath
in a form that involves a reference to God or otherwise has any
religious connotations, the person may choose to take the oath in
the form provided by section 5(1)(a) instead.
(3) If another Act provides for a different form of oath but does not
provide for how it is to be administered, the oath is to be
administered as nearly as practicable in a way provided by
section 8 or 9 (as appropriate).
11 Alternative form and administration of oath
Despite any requirement under this Act to take or administer an
oath in a certain manner, a person taking an oath (person A) may
take the oath in any form, or have it administered in any way,
person A wants if the person administering the oath is satisfied
person A:
(a) understands the consequences of taking an oath; and
(b) is taking the oath honestly and in good faith intending to be
bound by it.
12 Matters relating to oath in religious form
(1) It is not necessary that a religious text be used in taking an oath.
Part 3 Affidavits
Oaths, Affidavits and Declarations Act 2010 6
(2) The fact that at the time of taking an oath a person did not have a
religious belief, or did not have a religious belief of a particular kind,
does not affect the validity of the oath.
Part 3 Affidavits
14 How affidavit to be made
(1) An affidavit for any purpose in the Territory must be made in
accordance with this section.
(2) The affidavit must set out the full name of the person making it.
(3) The affidavit must conclude with a statement:
(a) that the affidavit is made by the person making it in the
presence, whether physically or by audiovisual link, of an
authorised witness; and
(b) setting out the place where, and the date when, the affidavit is
made.
(4) An attachment to the affidavit must include on its front page a
statement identifying it as the attachment referred to in the affidavit.
(5) The person making the affidavit must:
(a) sign the affidavit immediately after the statement required by
subsection (3); and
(b) sign each other page of the affidavit; and
(c) sign or initial any alteration made to the affidavit; and
(d) in the presence of an authorised witness, whether physically
or by audiovisual link, state on oath, that:
(i) the person is the person named as the maker of the
affidavit; and
(ii) the contents of the affidavit are true; and
(iii) the signature is the person's; and
(iv) if necessary, any attachment to the affidavit is the
attachment referred to in it.
Note for subsection (5)
Subsection (5)(a), (b) and (c) need not be complied with in the presence of an
authorised witness.
Part 3 Affidavits
Oaths, Affidavits and Declarations Act 2010 7
(6) After the person making the affidavit has complied with
subsection (5)(d), the authorised witness must:
(a) under or near the statement required by subsection (3):
(i) sign the affidavit; and
(ii) write the authorised witness's:
(A) full name; and
(B) qualification as an authorised witness; and
(C) address or telephone number; and
(b) sign each other page of the affidavit; and
(c) sign or initial any alteration made to the affidavit that has been
signed or initialled by the maker; and
(d) for any attachment identified under subsection (5)(d)(iv) – sign
or initial the attachment under or near the statement required
by subsection (4).
(6A) If a person makes an oath under subsection (5)(d) by audiovisual
link:
(a) the authorised witness may use a scanned or electronic copy
of the affidavit for the purposes of complying with the
requirements of subsection (6); and
(b) the person's affidavit must, in addition to any other
requirement for making an affidavit, include a statement:
(i) specifying the manner of the making of the oath; and
(ii) whether a scanned or electronic copy of the affidavit was
used in accordance with paragraph (a).
(7) In this section:
authorised witness, for an affidavit, means a person who is
authorised under section 15 to witness the affidavit.
14A Electronic signatures and initials
A requirement under this Part for a person making an affidavit or an
authorised witness to sign or initial an affidavit or an attachment to
the affidavit is satisfied if the person or the authorised witness signs
or initials the affidavit or attachment by electronic means.
Part 4 Statutory and unattested declarations
Oaths, Affidavits and Declarations Act 2010 8
15 Who may witness affidavit
(1) An affidavit made at a place in the Territory must be witnessed by
one of the following:
(a) a justice of the peace;
(b) a commissioner for oaths;
(c) any other person authorised by an Act to witness the affidavit.
(2) An affidavit made at a place outside the Territory must be
witnessed by one of the following:
(a) a person who has authority under the law of the place:
(i) to administer an oath, take an affirmation or carry out a
comparable process; or
(ii) to witness the making of an affidavit or comparable
document;
(b) a consular official who is performing official functions at the
place;
(c) if the person making the affidavit is a member of the Australian
Defence Force – a defence force officer;
(d) any other person authorised by an Act to witness the affidavit.
16 Other Acts may provide for how affidavit to be made
Sections 14 and 15 do not affect any other Act that expressly
provides for an affidavit:
(a) to be made in a different way; or
(b) to be witnessed by a different person.
Part 4 Statutory and unattested declarations
17 When declaration may be made
(1) A person may make a statutory declaration or unattested
declaration about any matter at any time.
(2) Subsection (1) does not affect:
(a) any other Act that requires a person to make a statutory
declaration or unattested declaration about a matter; or
Part 4 Statutory and unattested declarations
Oaths, Affidavits and Declarations Act 2010 9
(b) any law in force in the Territory as to the purposes for which a
statutory declaration or unattested declaration may be used.
18 Form of declaration
(1) If a person is to make a statutory declaration or unattested
declaration, the form of the declaration must be the words "I, … [full
name] …, solemnly and sincerely declare …" followed by the
content of the declaration.
(2) A statutory declaration must be made:
(a) in writing under section 19; or
(b) as a recording under section 20.
(3) An unattested declaration must be made in writing under
section 21.
(4) A person making a statutory declaration or unattested declaration
may insert into the words mentioned in subsection (1), after his or
her name, his or her address or other identifying information.
19 Written statutory declaration
(2) A written statutory declaration must conclude with a statement:
(a) that the declaration is true; and
(b) to the effect that the person making the declaration knows it is
an offence to make a statutory declaration that is false in any
material particular; and
(c) setting out the place where, and the date when, the
declaration is made.
(3) An attachment to the statutory declaration must include on its front
page a statement identifying it as the attachment referred to in the
declaration.
(4) The person making the declaration must, in the presence (whether
physically or by audiovisual link) of an adult witness:
(a) sign the declaration immediately after the statement required
by subsection (2); and
(b) for any attachment to the declaration – identify it to the witness
as the attachment referred to in the declaration.
Part 4 Statutory and unattested declarations
Oaths, Affidavits and Declarations Act 2010 10
(5) After the person making the declaration has complied with
subsection (4), the witness must:
(a) under or near the maker's signature:
(i) sign the declaration; and
(ii) write the witness's:
(A) full name; and
(B) address or telephone number; and
(b) for any attachment identified under subsection (4)(b) – sign or
initial the attachment under or near the statement required by
subsection (3).
(6) If a person is making a statutory declaration by audiovisual link:
(a) the witness may use a scanned or electronic copy of the
declaration for the purposes of complying with subsection (5);
and
(b) the declaration must, in addition to any other requirement for a
declaration, include a statement:
(i) specifying the manner of the making of the declaration;
and
(ii) whether a scanned or electronic copy of the declaration
was used in accordance with paragraph (a).
20 Recorded statutory declaration
(1) A statutory declaration may be made as an audio or audiovisual
recording of any kind.
(3) The person making the declaration must make a statement at the
end of the recording:
(a) that the declaration is true; and
(b) to the effect that the person knows it is an offence to make a
statutory declaration that is false in any material particular;
and
(c) setting out the place where, and the date when, the statement
required by this subsection is recorded.
Part 4 Statutory and unattested declarations
Oaths, Affidavits and Declarations Act 2010 11
(4) The statement required by subsection (3) must be recorded in the
presence, whether physically or by audiovisual link, of an adult
witness.
Note for subsection (4)
The witness does not have to be present for the making of the rest of the
declaration recording.
(5) After the person making the declaration has recorded the statement
required by subsection (3), the witness must make a statement, at
the end of the recording, stating:
(a) the witness's full name and address or telephone number; and
(b) that the witness witnessed the recording of the statement
required by subsection (3).
21 Unattested declarations
(2) An unattested declaration must conclude with a statement:
(a) that the declaration is true; and
(b) to the effect that the person making the declaration knows it is
an offence to make a declaration that is false in any material
particular; and
(c) setting out the place where, and the date when, the
declaration is made.
(3) The person making the declaration must sign the declaration.
Note for section 21
An unattested declaration does not have to be witnessed.
21A Electronic signatures and initials
A requirement under this Part for a person making a statutory
declaration or unattested declaration or a witness to sign or initial a
statutory declaration or an attachment to a statutory declaration is
satisfied if the person or the witness signs or initials the statutory
declaration (including any attachment) or the unattested declaration
by electronic means.
Part 5 Commissioners for oaths
Oaths, Affidavits and Declarations Act 2010 12
22 Other Acts may provide for how declaration to be made
Sections 18, 19, 20, 21 and 21A do not affect any other Act that
expressly provides for:
(a) a statutory declaration or unattested declaration to be made in
a different way; or
(b) a statutory declaration to be witnessed by a particular person
or class of persons.
Part 5 Commissioners for oaths
23 Commissioners for oaths
(1) Each of the following is a commissioner for oaths:
(a) a member of the Legislative Assembly;
(b) a member of the Commonwealth Senate who represents the
Territory;
(c) a member of the Commonwealth House of Representatives
who represents an electorate in the Territory;
(d) a legal practitioner;
(e) a police officer;
(f) a person appointed under subsection (2).
(2) The Minister may, in writing, appoint a person to be a commissioner
for oaths for a period specified in the appointment and not
exceeding 5 years.
(3) The Minister must not appoint a person under subsection (2) unless
the Minister is satisfied that the person is a fit and proper person to
be a commissioner for oaths.
(4) In deciding whether the person is a fit and proper person to be a
commissioner for oaths, the Minister must have regard to:
(a) whether the person has been convicted of an offence in
Australia or a foreign country, and if so:
(i) the nature of the offence; and
(ii) how long ago the offence was committed; and
(iii) the person's age when the offence was committed; and
Part 6 Miscellaneous
Oaths, Affidavits and Declarations Act 2010 13
(b) any other matter the Minister considers relevant to the
decision.
24 Powers of commissioner for oaths
(1) A commissioner for oaths may do any of the following for a law of
the Territory:
(a) administer an oath;
(b) witness an affidavit;
(c) attest the execution of any other document.
(2) After attesting the execution of a document, a commissioner for
oaths must:
(a) sign the document; and
(b) write the commissioner's:
(i) full name; and
(ii) qualification as a commissioner for oaths; and
(iii) address or telephone number.
(3) If a commissioner for oaths is attesting the execution of a document
by audiovisual link, the commissioner may use a scanned or
electronic copy of the document for the purposes of complying with
the requirements of subsection (2).
(4) A requirement under subsection (2) for a commissioner for oaths to
sign a document is satisfied if the commissioner signs the
document by electronic means.
Part 6 Miscellaneous
24A Minor non-compliance does not affect validity
(1) Inadvertent non-compliance with a formal requirement that does not
materially affect the nature of an oath, affidavit, statutory
declaration or unattested declaration does not invalidate or
otherwise affect the force and effect of the oath, affidavit or
declaration.
Part 6 Miscellaneous
Oaths, Affidavits and Declarations Act 2010 14
(2) In this section:
formal requirement means a requirement imposed by this or any
other Act about the form or content of an oath, affidavit or
declaration or how it is to be administered or made.
25 Counter-signing other document or notarial act done out of
Territory
(1) If a person makes a relevant document at a place outside the
Territory, the document may be counter-signed by any person who
could, under section 15(2), witness the document if it were being
made as an affidavit.
(1A) A person may counter-sign a document by audiovisual link or other
electronic means.
(2) If it is necessary for any purpose in the Territory for a notarial act to
be done at a place outside the Territory, the notarial act may be
done by any person who could, under section 15(2), witness, in
person or by audiovisual link, the making of an affidavit at the place
by the person for whom the notarial act is to be done.
(3) In this section:
counter-sign, for a document, means:
(a) witness the execution of the document; or
(b) verify or acknowledge the document; or
(c) otherwise sign the document in a capacity other than as the
maker of the document.
notarial act, for a place outside the Territory, means anything a
notary public may do at the place under any law, custom or
otherwise.
relevant document means a document that is required under an
Act, or for any other purpose in the Territory, to be counter-signed.
26 Evidentiary matters – facilitation of proof
It is presumed, unless the contrary is proved, that:
(a) an affidavit purporting to have been witnessed in accordance
with sections 14 and 15 was so witnessed; and
(b) a document purporting to have been attested by a
commissioner for oaths was so attested; and
Part 6 Miscellaneous
Oaths, Affidavits and Declarations Act 2010 15
(c) a relevant document, as defined in section 25, purporting to
have been counter-signed in accordance with that section was
so counter-signed.
27 Altering an affidavit or declaration to become false or
misleading
(1) A person must not do anything to an affidavit, statutory declaration
or unattested declaration that results in it becoming false or
misleading.
Fault elements:
The person:
(a) intentionally does the thing; and
(b) in doing the thing, intends the affidavit or declaration to
become false or misleading.
Maximum penalty: 400 penalty units or imprisonment for
4 years.
(2) A person must not do anything to an affidavit, statutory declaration
or unattested declaration that results in it becoming false or
misleading.
Fault elements:
The person:
(a) intentionally does the thing; and
(b) in doing the thing, is reckless as to whether the affidavit or
declaration becomes false or misleading.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(3) If on the trial of a person charged with an offence against
subsection (1) the trier of fact is not satisfied the person committed
the offence but is satisfied the person committed an offence against
subsection (2):
(a) the trier of fact may find the person not guilty of the offence
charged but guilty of the offence under subsection (2); and
(b) the person is liable to punishment accordingly.
Part 6 Miscellaneous
Oaths, Affidavits and Declarations Act 2010 16
28 Competence of witness unable to understand nature of oath
(1) This section applies if:
(a) a person (the witness) is required to give evidence on oath
before a court or tribunal; and
(b) the court or tribunal is satisfied the witness is incapable of
understanding the nature of an oath; and
(c) the court or tribunal is satisfied the witness:
(i) if at least 14 years of age – understands he or she may
be punished if he or she gives evidence that is false; or
(ii) if under 14 years of age – is capable of giving an
intelligible account of his or her experience.
(2) The court or tribunal may permit the witness to give evidence
without taking an oath.
(3) Evidence given under subsection (2) is taken to have been given on
oath.
(4) This section does not affect any rule of law or practice relating to
the corroboration of evidence.
(5) This section also applies with any necessary changes to a person
who is to act as an interpreter in a court or tribunal.
28A Witnessing by audiovisual link
(1) A requirement under this Act for the presence of a witness may be
met by the witness being present by audiovisual link.
(2) If a witness is present by audiovisual link, the following
requirements must be met:
(a) if a person is required to sign a document in the presence of a
witness:
(i) the witness sees the person sign the document; and
(ii) the witness must be reasonably satisfied that the
document the witness signs is the same document or a
copy of the document that the person signed;
Part 7 Repeals and transitional matters
Division 2 Transitional matters for Oaths, Affidavits and Declarations Act 2010
Oaths, Affidavits and Declarations Act 2010 17
(b) if a person is required to take an oath – the witness is able to
hear the oath being taken by the person.
Note for subsection (2)(b)
If the person is unable to say the oath aloud, the oath may be administered in a
different way under section 11.
(3) In this section:
witness includes the following:
(a) an authorised witness;
(b) an adult witness;
(c) a commissioner for oaths;
(d) a justice of the peace.
29 Regulations
The Administrator may make regulations under this Act.
Part 7 Repeals and transitional matters
Division 1 Repeals
30 Acts repealed
The Acts specified in Schedule 2 are repealed.
Division 2 Transitional matters for Oaths, Affidavits and
Declarations Act 2010
31 Definitions
In this Division:
commencement means the commencement of section 30.
repealed Act means the Oaths Act 1939 as in force from time to
time before the commencement.
32 Commissioners for oaths
(1) This section applies to a person who was a Commissioner for
Oaths under section 17(2) of the repealed Act immediately before
the commencement.
Part 7 Repeals and transitional matters
Division 2 Transitional matters for Oaths, Affidavits and Declarations Act 2010
Oaths, Affidavits and Declarations Act 2010 18
(2) The person continues to be a commissioner for oaths until the end
of the person's term of appointment under the repealed Act as if the
person had been appointed under section 23(2) of this Act.
33 Oaths, affidavits and declarations taken or made before
commencement
An oath, affidavit or declaration sworn or made before the
commencement is as valid and effective after the commencement
as it would have been had this Act and the Oaths, Affidavits and
Declarations (Consequential Amendments) Act 2010 not
commenced.
Schedule 1 Content of oath
Oaths, Affidavits and Declarations Act 2010 19
Schedule 1 Content of oath
section 6(b)
Person taking oath Content of oath
1. Person who is to give evidence
on oath in court
… to tell the truth to this court.
2. Person who is to give evidence
on oath before a tribunal
… to tell the truth [to this tribunal
to this Board
at this hearing
etc., as appropriate].
3. Person who is to answer
questions put by a tribunal
conducting an investigation or
examination
… to answer truthfully all questions
put to me [by the tribunal
by the Board
at this hearing
etc., as appropriate].
4. Person who is to act as
interpreter in court or tribunal
… to well and truly interpret the evidence
to be given by [name of person for whom
interpreter is to interpret] and do all other
matters and things required of me in
this case to the best of my ability.
5. Person making affidavit … that: [as required by section 14(5)(d)].
6. Person taking oath of office … to perform the functions of the office of
[name of office] lawfully, impartially and
in good faith.
Note for Schedule 1
Schedule 1 sets out the content of an oath for when the oath is recited in the first
person by the person taking the oath. If an oath is recited in the third person by
the person administering it, any necessary changes may be made to the content
of the oath.
Schedule 2 Repealed Acts
Oaths, Affidavits and Declarations Act 2010 20
Schedule 2 Repealed Acts
section 30
Oaths Ordinance 1939 Act No. 23 of 1939
Oaths Ordinance 1952 Act No. 2 of 1952
Oaths Ordinance 1953 Act No. 13 of 1953
Oaths Ordinance 1960 Act No. 14 of 1960
Oaths Ordinance 1965 Act No. 34 of 1965
Oaths Ordinance 1967 Act No. 24 of 1967
Oaths Ordinance 1970 Act No. 63 of 1970
Oaths Ordinance 1978 Act No. 22 of 1978
Oaths Amendment Act 1981 Act No. 35 of 1981
Oaths Amendment Act 1988 Act No. 39 of 1988
Oaths Amendment Act 1989 Act No. 1 of 1989
Oaths Amendment Act 1991 Act No. 49 of 1991
Oaths Amendment Act 1993 Act No. 81 of 1993
Oaths Amendment Act 1994 Act No. 15 of 1994
Oaths Amendment Act 2000 Act No. 47 of 2000
ENDNOTES
Oaths, Affidavits and Declarations Act 2010 21
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010)
Assent date 18 November 2010
Commenced 1 March 2011 (Gaz G7, 16 February 2011, p 4)
Justice and Other Legislation Amendment Act 2012 (Act No. 2, 2012)
Assent date 21 March 2012
Commenced pts 2, 3 and 5 to 7: 1 August 2012; rem: 1 September 2012
(Gaz G29, 18 July 2012, p 7)
Justice Legislation Amendment (Electronic Documents) Act 2022 (Act No. 2, 2022)
Assent date 1 March 2022
Commenced 2 March 2022 (s 2)
Attorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)
Assent date 6 June 2025
Commenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 31.
4 LIST OF AMENDMENTS
s 3 amd No. 2, 2022, s 22
s 5 amd No. 2, 2012, s 17
s 8 amd No. 2, 2012, s 18
s 9 sub No. 2, 2022, s 23
s 11 amd No. 2, 2022, s 24
s 13 rep No. 2, 2012, s 19
ENDNOTES
Oaths, Affidavits and Declarations Act 2010 22
s 14 amd No. 2, 2022, s 25
s 14A ins No. 2, 2022, s 26
s 18 amd No. 2, 2012, s 20
s 19 amd No. 2, 2012, s 21; No. 2, 2022, s 27
s 20 amd No. 2, 2012, s 22; No. 2, 2022, s 28
s 21 amd No. 2, 2012, s 23
s 21A ins No. 2, 2022, s 29
s 22 amd No. 2, 2022, s 30
s 23 amd No. 14, 2025, s 21
s 24 amd No. 2, 2022, s 31
s 24A ins No. 2, 2012, s 24
s 25 amd No. 2, 2022, s 32
s 28A ins No. 2, 2022, s 33
s 34 exp No. 39, 2010, s 3494)
sch 1 amd No. 2, 2012, s 25