An Act to consolidate the enactments relating to oaths, affirmations, statutory declarations and affidavits.
Part 1 Preliminary
pt 1, hdg: Am 1985 No 231, Sch 31.
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
This Act shall commence on 1 January 1901.s 1A: Ins 1985 No 151, Sch 1 (1).
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(1) The Acts mentioned in the First Schedule to this Act are, to the extent therein expressed, hereby repealed.(2) All rules made and notifications published under the authority of any Act hereby repealed shall be deemed to have been made and published under the authority of this Act.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
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
pt 2, hdg: Am 1985 No 231, Sch 31.
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(1) Where but for the passing of this Act or the Act twentieth Victoria number nine hereby repealed it would be necessary for any person—(a) to take the oaths commonly called the Oaths of Allegiance, Supremacy, and Abjuration, or any of them, or(b) to take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, orit 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.(c) to make the declaration prescribed by the Imperial Act ninth George the Fourth, chapter seventeen,(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 District Court Judge, 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 Magistrate—before the Chief Magistrate or the person for the time being acting in that office, or(b) by a justice of the peace—before a Magistrate or a 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.
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
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
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
(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
(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
(1) The oath of allegiance and the judicial oath shall be tendered to and taken by District Court Judges, Magistrates 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].
10 (Repealed)
s 10: Am 1916 No 5, sec 3. Rep 2006 No 6, Sch 2 [2].
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
(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
pt 3, hdg: Am 1985 No 231, Sch 31.
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
(1) Subject to the Evidence Act 1995, whenever any person—(a) called as a witness in any Court or before any Judge or Magistrate 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 Magistrate, orobjects to take an oath, or is reasonably objected to as incompetent to take an oath, or appears to such Court or Judge or Magistrate or person so authorised incompetent to take an oath, the person may in lieu of such oath—(c) required or desired to make an affidavit or deposition,(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 Magistrate, 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].
14 (Repealed)
s 14: Rep 1987 No 286, sec 4 (1) (b).
Part 4 Statutory declarations
pt 4, hdg: Am 1985 No 231, Sch 31.
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, orthe Governor may, by notification in the Gazette, substitute a declaration to the same effect as such oath or affidavit.(c) for any other purpose whatsoever,
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
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
(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
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
(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 or Magistrate 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 Magistrate 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].
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
(1) Any person who, not being by law authorised to take and receive a statutory declaration—(a) falsely pretends to be so authorised, orshall be guilty of an offence against this section.(b) takes and receives a statutory declaration,(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
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
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
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, orsuch 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.(b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,
24A Declarations by persons unable to read written English
If it appears to the person before whom a statutory declaration is taken and received () 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
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, orany 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.(b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,s 25: Am 1999 No 94, Sch 4.140 [1].
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, orany 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.(b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,s 25A: Ins 1996 No 83, Sch 1 (2).
Part 5 Affidavits
pt 5, hdg: Am 1985 No 231, Sch 31.
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
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
(1) In this section 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
(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
If it appears to the person before whom an affidavit is made () 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
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
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
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
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
(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
(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
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
(1) A person who takes and receives a statutory declaration or affidavit in this State (an )—(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.(5) In this section—face and face covering have the same meanings as they have in the Law Enforcement (Powers and Responsibilities) Act 2002.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
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
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.
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 | Section 10. | |
22 Vic No 7 | An Act for the further amendment of the law of evidence. | The unrepealed portion. |
22 Vic No 18 | 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 | The whole. | |
37 Vic No 10 | The whole. | |
40 Vic No 8 | The unrepealed portion. | |
46 Vic No 17 | 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. |
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.
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.
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).
Fifth Schedule (Repealed)
Fifth Sch: Rep 2006 No 6, Sch 2 [3].
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.Seventh Schedule Affirmation
(Section 13)
I, , do solemnly, sincerely, and truly affirm and declare, &c.
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.
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.
Tenth Schedule Savings, transitional and other provisions
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any Act that amends this Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provision consequent on enactment of Courts and Crimes Legislation Amendment Act 2015
2 Application of amendments
Any oath, declaration or affidavit taken, made or witnessed before the commencement of the amendments to this Act made by the Courts and Crimes Legislation Amendment Act 2015 that would have been validly taken, made or witnessed had the amendments been in force when it was taken, made or witnessed is (to the extent of any invalidity) taken to be, and always to have been, valid.
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].