Oaths and Affirmations Act 2018

Authorised by the Chief Parliamentary Counsel Authorised Version i Oaths and Affirmations Act 2018 No. 6 of 2018 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Application of this Act 6 5 Act binds the Crown 6 Part 2—Oaths and affirmations 7 6 Application of Part 7 7 Choice of oath or affirmation 7 8 Form of oaths and affirmations 8 9 Oath or affirmation to be said aloud 8 10 Effect on oath of religious texts and beliefs 8 11 Administration to multiple persons 9 12 Powers of courts, certain officers of courts and other persons to administer oaths and affirmations 9 13 Appointment by interstate or overseas court or body to take or receive evidence 11 14 Officer must refuse to administer oath or affirmation in certain circumstances 12 15 Reasonable modifications may be made 12 16 Audio and audio-visual evidence 12 17 Minor non-compliance does not affect validity 13 Part 3—Affidavits 14 18 Application of Part 14 19 Affidavits made in Victoria 14 20 Offence to require payment of fee to take affidavit 16 21 Affidavits made out of Victoria 17 22 Offence to take affidavit if not authorised affidavit taker and offence to purport to be authorised affidavit taker 18 23 Prescribed form of affidavit 19 24 Authorised affidavit taker authorised to administer oath or affirmation 19 25 Signature and oath requirements—deponent 19 26 Requirements of authorised affidavit taker 19 27 Jurat 20 -- 1 of 77 -- Section Page ii Authorised by the Chief Parliamentary Counsel 28 Affidavit by illiterate, blind or cognitively impaired person 21 29 Minor non-compliance does not affect validity 22 Part 4—Statutory declarations 23 30 Statutory declarations made in Victoria 23 31 Offence to take statutory declaration if not statutory declaration witness and offence to purport to be statutory declaration witness 24 32 Provision of assistance to person making statutory declaration 25 33 Statutory declarations made out of Victoria 25 34 Reasonable modifications may be made 27 35 Statutory declaration by illiterate, blind or cognitively impaired person 27 36 Offence to make false statutory declaration 27 37 False or misleading statement as to making of statutory declaration 27 38 Minor non-compliance does not affect validity 28 Part 5—Certification 29 Division 1—Authorised certifiers 29 39 Authorised certifiers 29 Division 2—Scheme for certification of copies of original documents 29 40 Application 29 41 Process for certifying copies of documents 30 42 Process for certifying copy of a certified copy 30 43 Multiple page documents 31 44 Documents in languages other than English 31 45 Minor non-compliance does not affect validity 32 Division 3—General certification offences 32 46 Application 32 47 Offence to present false copy of a document for certification 32 48 Offence to certify certain copies of documents 32 49 False or misleading statement as to certification of copy of document 33 Part 6—General 34 50 Perjury to make false statement by oath, affirmation or affidavit 34 51 Infringement offences 34 52 Regulations 34 -- 2 of 77 -- Section Page iii Authorised by the Chief Parliamentary Counsel Part 7—Transitional provisions, repeals and consequential amendments 37 Division 1—Repeals and transitional provisions 37 53 Administration of oaths and affirmations 37 54 Oaths affirmations affidavits declarations 37 55 Attestations verifications acknowledgements notarial Acts etc. 37 56 Persons making wilful false statements on oath, declaration etc. guilty of perjury 37 57 Abolition of extra-judicial oaths 37 58 Form of oath and affirmation and affirmations in writing 37 59 Regulations dealing with transitional matters 38 Division 2—Consequential amendments to Evidence (Miscellaneous Provisions) Act 1958 39 60 Oaths affirmations affidavits declarations 39 61 Heading to Part VII amended 39 62 Regulations 39 Division 3—Consequential amendment of other Acts 39 63 Crimes Act 1958 39 64 Constitution Act 1975 40 65 Evidence Act 2008 40 66 Interpretation of Legislation Act 1984 41 67 Public Notaries Act 2001 41 68 Further consequential amendments 41 Division 4—Repeal of amending provisions 41 69 Repeal of amending provisions 41 Schedule 1—Form of oath and affirmation 42 Schedule 2—Further consequential amendments 43 ═══════════════ Endnotes 74 1 General information 74 -- 3 of 77 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Oaths and Affirmations Act 2018 † No. 6 of 2018 [Assented to 27 February 2018] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to re-enact and modernise the law relating to oaths, affirmations, affidavits and statutory declarations; and (b) to establish a scheme for the certification of copies of documents; and Victoria -- 4 of 77 -- Part 1—Preliminary Oaths and Affirmations Act 2018 No. 6 of 2018 2 Authorised by the Chief Parliamentary Counsel (c) to repeal Divisions 1 to 11 of Part IV, Part V and other provisions of the Evidence (Miscellaneous Provisions) Act 1958; and (d) to make consequential amendments to the Evidence Act 2008, the Constitution Act 1975, the Interpretation of Legislation Act 1984 and other Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 March 2019, it comes into operation on that day. 3 Definitions In this Act— administering officer means any person authorised to administer oaths or affirmations by or under this Act or any other Act or by convention; Australian consular officer means a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside Australia— (a) ambassador; (b) high commissioner; (c) Minister; (d) head of mission; (e) commissioner; (f) chargé d'affaires; -- 5 of 77 -- Part 1—Preliminary Oaths and Affirmations Act 2018 No. 6 of 2018 3 Authorised by the Chief Parliamentary Counsel (g) counsellor or secretary at an embassy, high commissioner's office, legation or other post; (h) consul-general; (i) consul; (j) vice-consul; (k) trade commissioner; (l) consular agent; (m) envoy; authorised affidavit taker means a person authorised to take an affidavit by or under Part 3; authorised certifier means a person authorised to certify a copy of a document by or under Part 5; certify does not include attest; child means a person under the age of 18 years; cognitive impairment includes an intellectual disability, an acquired brain injury, autism spectrum disorder and a neurological impairment; exhibit includes annexure or attachment; honorary justice has the same meaning as it has in the Honorary Justices Act 2014; identical does not mean of the same size or colour, provided that the use of a different size or colour does not result in the loss of any material information; -- 6 of 77 -- Part 1—Preliminary Oaths and Affirmations Act 2018 No. 6 of 2018 4 Authorised by the Chief Parliamentary Counsel judicial officer means any of the following— (a) a Judge or reserve Judge of the Supreme Court; (b) an Associate Judge or reserve Associate Judge of the Supreme Court; (c) a Judge or reserve Judge of the Supreme Court who is appointed or assigned to VCAT; (d) a judge of the County Court; (e) a reserve judge of the County Court; (f) an associate judge of the County Court; (g) a reserve associate judge of the County Court; (h) a person referred to in paragraph (d) or (e) who is appointed or assigned to VCAT; (i) a magistrate or reserve magistrate; (j) a magistrate or reserve magistrate who is appointed or assigned to the Children's Court, the Coroners Court or VCAT; (k) a reserve coroner; (l) a person appointed under section 94 of the Coroners Act 2008; (m) a judicial registrar of the following courts— (i) the Supreme Court; (ii) the County Court; (iii) the Magistrates' Court; (iv) the Children's Court; (v) the Coroners Court; -- 7 of 77 -- Part 1—Preliminary Oaths and Affirmations Act 2018 No. 6 of 2018 5 Authorised by the Chief Parliamentary Counsel jurat means a written statement at the end of an affidavit setting out where and when the affidavit was sworn or affirmed, followed by the signature and authority of the authorised affidavit taker; original document, in Part 5, means a document that an authorised certifier, having used the authorised certifier's best judgment, determines is— (a) original; or (b) a document or extract that has been certified, otherwise than under Division 2 of that Part, as a true extract from, or copy of, a register of public documents or any other official record by the keeper or holder of that register or record; person acting judicially includes the following— (a) any arbitrator; (b) any person or body having by law or by consent of parties authority to hear, receive and examine evidence; (c) any officer in any public department having in the discharge of the person's duties authority to examine evidence; public document has the same meaning as it has in the Evidence Act 2008; statutory declaration witness means a person authorised to witness a statutory declaration by or under Part 4. -- 8 of 77 -- Part 1—Preliminary Oaths and Affirmations Act 2018 No. 6 of 2018 6 Authorised by the Chief Parliamentary Counsel 4 Application of this Act Nothing in this Act limits— (a) in the case of the Supreme Court, the Court's inherent jurisdiction, implied jurisdiction or statutory jurisdiction; or (b) in the case of a court other than the Supreme Court, the court's implied jurisdiction or statutory jurisdiction; or (c) in the case of a tribunal, the tribunal's statutory jurisdiction; or (d) any other powers of a court or tribunal arising or derived from the common law or under any other Act (including any Commonwealth Act), rule of court, practice note or practice direction. 5 Act binds the Crown This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities. -- 9 of 77 -- Part 2—Oaths and affirmations Oaths and Affirmations Act 2018 No. 6 of 2018 7 Authorised by the Chief Parliamentary Counsel Part 2—Oaths and affirmations 6 Application of Part (1) This Part sets out basic requirements for oaths and affirmations that may be used if an oath or affirmation is required to be taken by or under an Act or by convention. (2) Only section 12 of this Part applies in respect of an oath taken or an affirmation made by— (a) a witness in a proceeding to which the Evidence Act 2008 applies; or (b) a person acting as an interpreter in a proceeding to which that Act applies. Note Section 4 of the Evidence Act 2008 specifies the proceedings to which that Act applies. Division 2 of Part 2.1 of that Act sets out the requirements for oaths and affirmations in respect of proceedings to which that Act applies but does not specify who may administer an oath or affirmation. 7 Choice of oath or affirmation (1) A person who is required to take an oath or make an affirmation may choose whether to take an oath or make an affirmation. (2) The administering officer must inform the person that the person has this choice, unless the officer is satisfied that the person knows that the person has the choice. (3) The administering officer may direct the person to make an affirmation if— (a) the person refuses to choose whether to take an oath or make an affirmation; or (b) it is not reasonably practicable for the person to take an appropriate oath. -- 10 of 77 -- Part 2—Oaths and affirmations Oaths and Affirmations Act 2018 No. 6 of 2018 8 Authorised by the Chief Parliamentary Counsel 8 Form of oaths and affirmations (1) An oath may be taken or an affirmation may be made in accordance with the form of Schedule 1 or in a similar form unless the oath or affirmation is required to be in a particular form— (a) specified by or under any other Act; or (b) by convention or otherwise. Examples Section 88AA of the Constitution Act 1975. Section 16(1)(c) of the Legal Profession Uniform Law (Victoria). (2) An affirmation made in accordance with subsection (1) has the same effect for all purposes as an oath. (3) For the purposes of subsection (1), without limiting the meaning of a similar form, in the case of a child or a person with a cognitive impairment, the following words are taken to be a similar form of oath or affirmation— "I promise to tell the truth.". Note Other Acts or regulations may also give a person power to administer an oath or affirmation and provide for the form or manner of the administration of an oath or affirmation. 9 Oath or affirmation to be said aloud A person who takes an oath or makes an affirmation must say the words of the oath or affirmation aloud in the presence of the administering officer. 10 Effect on oath of religious texts and beliefs (1) A person may use a religious text in taking an oath, but is not required to do so. -- 11 of 77 -- Part 2—Oaths and affirmations Oaths and Affirmations Act 2018 No. 6 of 2018 9 Authorised by the Chief Parliamentary Counsel (2) A person may take an oath even if the person's religious or spiritual beliefs do not include a belief in the existence of a god. (3) An oath is effective even if the person who takes it does not have— (a) a religious belief; or (b) a religious belief of a particular kind. (4) Despite anything to the contrary in this Act, the form of oath made by a person— (a) need not include a reference to a god; and (b) may instead refer to the basis of the person's beliefs. 11 Administration to multiple persons (1) An oath may be taken or an affirmation may be made by more than one person at the same time. (2) The words of an oath or affirmation may be altered and the process for administering the oath or affirmation adapted to enable the oath or affirmation to be administered to more than one person at the same time. 12 Powers of courts, certain officers of courts and other persons to administer oaths and affirmations (1) The following have the power to administer an oath or affirmation— (a) a court, tribunal, judicial officer or a person acting judicially— (i) to any witness who is lawfully called before the court, tribunal, judicial officer or person acting judicially; or (ii) to any interpreter in a proceeding in the court or tribunal or before a judicial officer or person acting judicially; or -- 12 of 77 -- Part 2—Oaths and affirmations Oaths and Affirmations Act 2018 No. 6 of 2018 10 Authorised by the Chief Parliamentary Counsel (iii) to any other person required to take an oath or make an affirmation in a proceeding in the court or tribunal or before the judicial officer or person acting judicially; (b) a person who is performing duties in relation to a court or tribunal; (c) a person who is performing duties in relation to a court or tribunal who is authorised by any of the following for any purpose connected with the person's duties— (i) the court or tribunal; (ii) a judicial officer or a member of the tribunal; (iii) any rules of court or orders, practice directions or practice notes regulating the procedure of the court or tribunal; (d) a person performing duties as authorised by a person acting judicially for any purpose connected with the first person's duties; (e) a person who is directed to take an examination in any proceeding in a court or tribunal or before a person acting judicially; (f) a person authorised to take or receive evidence by section 13; (g) any prescribed person or person who is a member of a prescribed class of persons. Note Other Acts or regulations may also give a person power to administer an oath or affirmation. (2) A person or a person belonging to a class of persons specified by or under a specific Act or a specific statutory rule to administer an oath or affirmation in specified circumstances or in a -- 13 of 77 -- Part 2—Oaths and affirmations Oaths and Affirmations Act 2018 No. 6 of 2018 11 Authorised by the Chief Parliamentary Counsel specified manner is authorised to administer an oath or affirmation for that purpose. (3) A person must not administer an oath or affirmation unless— (a) the person is authorised to do so by or under this Act or another Act or by convention; or (b) the oath or affirmation is made in respect of a matter or thing— (i) touching the preservation of the peace; or (ii) touching any proceedings before the Legislative Council or Legislative Assembly or any committee of the Legislative Council or Legislative Assembly; or (c) the oath or affirmation is required by the law of any foreign or other country out of Victoria to give validity to instruments in writing designed to be used in foreign or other countries respectively; or (d) the oath or affirmation is for an oath of office. 13 Appointment by interstate or overseas court or body to take or receive evidence If a judicial officer, a person acting judicially or a person who, or court or body that, is authorised under the law of a jurisdiction outside Victoria to take or receive evidence on oath or affirmation in that jurisdiction appoints a person to take or receive evidence in Victoria— (a) if the person appointed is a court, a judicial officer or a person acting judicially, that person has the power to take or receive that evidence; or -- 14 of 77 -- Part 2—Oaths and affirmations Oaths and Affirmations Act 2018 No. 6 of 2018 12 Authorised by the Chief Parliamentary Counsel (b) in any other case, that person only has the power to take or receive the evidence if the person has first obtained the consent of the Attorney-General. 14 Officer must refuse to administer oath or affirmation in certain circumstances If it appears to an administering officer that a person taking an oath or making an affirmation is unable to understand the nature of an oath or affirmation, the officer must refuse to administer the oath or affirmation. 15 Reasonable modifications may be made Without limiting section 14, the administering officer may make reasonable modifications to the process of taking an oath or making an affirmation if the person taking the oath or making the affirmation has a disability that prevents the person from doing so in accordance with this Part. Examples 1 A hearing impaired person may read and sign an oath or affirmation instead of saying it aloud. 2 A person who is unable to speak may be able to listen to an oath or affirmation being read and nod assent. 16 Audio and audio-visual evidence An oath to be taken or an affirmation to be made by a witness giving evidence by audio-visual link or audio link may be administered either— (a) by means of the audio-visual link or audio link, in as nearly as practicable the same way as if the witness were to give evidence at the courtroom or other place where the court, tribunal or person acting judicially is sitting; or -- 15 of 77 -- Part 2—Oaths and affirmations Oaths and Affirmations Act 2018 No. 6 of 2018 13 Authorised by the Chief Parliamentary Counsel (b) at the direction of, and on behalf of, the court, tribunal or person acting judicially at the remote point by a person authorised by the court, tribunal or person acting judicially. 17 Minor non-compliance does not affect validity An oath or affirmation is not invalid merely because of an inadvertent non-compliance with a requirement imposed by this Part that does not materially affect the nature of the oath or affirmation. -- 16 of 77 -- Part 3—Affidavits Oaths and Affirmations Act 2018 No. 6 of 2018 14 Authorised by the Chief Parliamentary Counsel Part 3—Affidavits 18 Application of Part (1) This Part— (a) sets out basic requirements for affidavits; and (b) applies unless a specific requirement of any other Act is inconsistent with the requirements of this Part. Note More specific requirements may be found in other Acts such as the Evidence Act 2008 or in rules of court. (2) Nothing in this Part limits or affects the powers of a court or tribunal to make rules of court in relation to affidavits. 19 Affidavits made in Victoria (1) The following persons are authorised affidavit takers for the purpose of a person making any affidavit within Victoria for use in any court or tribunal or before a person acting judicially for any purpose or in any way authorised by law (whether by or under any Act, including a Commonwealth Act), by custom or otherwise— (a) a judicial officer; (b) an associate to a judicial officer; (c) an honorary justice; (d) the prothonotary or a deputy prothonotary of the Supreme Court; (e) the registrar of probates or an assistant registrar of probates; -- 17 of 77 -- Part 3—Affidavits Oaths and Affirmations Act 2018 No. 6 of 2018 15 Authorised by the Chief Parliamentary Counsel (f) the registrar or a deputy registrar of the County Court; (g) the principal registrar, a registrar or a deputy registrar of the Magistrates' Court; (h) the principal registrar, a registrar or a deputy registrar of the Children's Court; (i) the principal registrar, deputy registrar or a registrar of VCAT; (j) the principal registrar or a registrar of the Coroners Court; (k) a member of VCAT; (l) a member or former member of either House of the Parliament of Victoria; (m) a member or former member of either House of the Parliament of the Commonwealth; (n) a public notary; (o) an Australian legal practitioner; (p) a police officer of or above the rank of sergeant or for the time being in charge of a police station; (q) a person employed under Part 3 of the Public Administration Act 2004 with a prescribed classification; (r) a senior officer of a Council as defined in the Local Government Act 1989; (s) a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth; (t) a fellow of the Institute of Legal Executives (Victoria) ACN 004 670 928; (u) a person acting judicially; -- 18 of 77 -- Part 3—Affidavits Oaths and Affirmations Act 2018 No. 6 of 2018 16 Authorised by the Chief Parliamentary Counsel (v) any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to take affidavits; (w) any prescribed person or person who is a member of a prescribed class of persons. (2) A court, tribunal or person acting judicially must take judicial and official notice of the seal or signature of any person referred to in subsection (1) on, attached or appended to any affidavit. (3) For the purpose of subsection (2), judicial and official notice of the seal or signature of the person means that there is a presumption that, unless the contrary is proved— (a) the person signed the affidavit; and (b) the person was an authorised affidavit taker at the time of taking the affidavit. (4) An Australian legal practitioner is not prevented from taking any affidavit by reason only that the legal practitioner is acting for any of the parties to the proceeding, matter or instrument in respect of which the affidavit is sworn or affirmed. (5) It is not lawful for a person to take an affidavit unless the person is authorised to do so by or under this Act or another Act or by convention. 20 Offence to require payment of fee to take affidavit (1) Subject to subsection (2), an authorised affidavit taker referred to in section 19 must not request, require or accept the payment of a fee for— (a) administering an oath or affirmation for an affidavit; or -- 19 of 77 -- Part 3—Affidavits Oaths and Affirmations Act 2018 No. 6 of 2018 17 Authorised by the Chief Parliamentary Counsel (b) signing an affidavit. Penalty: 10 penalty units. Note Section 46 of the Honorary Justices Act 2014 provides that it is an offence for an honorary justice to demand, take or accept from any person any fee, gratuity, patronage or reward for carrying out duties under that Act. (2) It is not an offence for a public notary to request, require or accept the payment of a fee for taking an affidavit when performing services or notarial acts which relate to documents intended solely for use outside Australia. 21 Affidavits made out of Victoria (1) In addition to a person referred to in section 19, the following persons are authorised affidavit takers for the purpose of a person making any affidavit in any place out of Victoria for use in Victoria in any court or tribunal or before a person acting judicially for any purpose or in any way authorised by law (whether by or under any Act, including a Commonwealth Act), by custom or otherwise— (a) an Australian consular officer exercising the officer's functions in that place; (b) an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth; (c) an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth; (d) any person having authority to administer an oath or affirmation in that place. -- 20 of 77 -- Part 3—Affidavits Oaths and Affirmations Act 2018 No. 6 of 2018 18 Authorised by the Chief Parliamentary Counsel (2) If by any Act or subordinate instrument an affidavit is required, authorised or permitted to be administered or made before a justice of the peace or a bail justice, it is sufficient if the affidavit is made before a justice of the peace or bail justice (however described) for that place outside Victoria where the affidavit is made. (3) A court, tribunal or person acting judicially must take judicial and official notice of the signature of any justice of the peace or bail justice for a place outside Victoria referred to in subsection (2) when that person's signature is attached or appended to any affidavit. (4) For the purpose of subsection (3), judicial and official notice of the signature of the justice of the peace or bail justice for a place outside Victoria means that there is a presumption that, unless the contrary is proved— (a) the justice of the peace or bail justice signed the affidavit; and (b) the justice of the peace or bail justice was an authorised affidavit taker at the time of taking the affidavit. 22 Offence to take affidavit if not authorised affidavit taker and offence to purport to be authorised affidavit taker (1) A person who is knowingly not an authorised affidavit taker must not take an affidavit. Penalty: 60 penalty units or imprisonment for 6 months or both. (2) A person who is knowingly not an authorised affidavit taker must not represent that the person is an authorised affidavit taker. Penalty: 10 penalty units. -- 21 of 77 -- Part 3—Affidavits Oaths and Affirmations Act 2018 No. 6 of 2018 19 Authorised by the Chief Parliamentary Counsel 23 Prescribed form of affidavit An affidavit may be in the prescribed form. 24 Authorised affidavit taker authorised to administer oath or affirmation (1) An authorised affidavit taker has the power to administer an oath or affirmation to a deponent for the purpose of taking an affidavit. (2) An oath or affirmation must be administered in accordance with Part 2. 25 Signature and oath requirements—deponent (1) Subject to section 28, the deponent of an affidavit must do the following in the presence of an authorised affidavit taker— (a) sign or initial any alteration to the affidavit; (b) sign each page of the affidavit; (c) sign the affidavit; (d) if the affidavit refers to a document, sign a certificate attached to the document identifying the document as an exhibit to the affidavit; (e) take the oath or make the affirmation in accordance with Part 2. (2) The deponent must swear or affirm the affidavit by saying the prescribed oath or affirmation aloud in the presence of the authorised affidavit taker, unless the deponent has a disability that prevents the deponent from doing so. 26 Requirements of authorised affidavit taker (1) An authorised affidavit taker before whom an affidavit is sworn or affirmed must do the following— (a) sign or initial any alteration to the affidavit; -- 22 of 77 -- Part 3—Affidavits Oaths and Affirmations Act 2018 No. 6 of 2018 20 Authorised by the Chief Parliamentary Counsel (b) sign each page of the affidavit; (c) administer the oath or affirmation to the deponent in accordance with Part 2; (d) comply with section 27. (2) If an affidavit refers to a document, the authorised affidavit taker must attach a certificate to the document identifying the document as an exhibit to the affidavit and do the following— (a) sign and date the certificate; (b) write, type or stamp below the affidavit taker's signature on the certificate the details referred to in section 27(1)(c). Note A certificate under this subsection may be prepared or produced by a person other than the authorised affidavit taker. (3) An authorised affidavit taker must ensure that an affidavit is dated. (4) Part 5 does not apply to a certificate attached to an exhibit under this section. Note See the offence in section 126B of the Evidence (Miscellaneous Provisions) Act 1958. 27 Jurat (1) An authorised affidavit taker before whom any affidavit is made must do the following— (a) state truly in the jurat at what place and on what date the affidavit was sworn or affirmed; (b) complete and sign the jurat; -- 23 of 77 -- Part 3—Affidavits Oaths and Affirmations Act 2018 No. 6 of 2018 21 Authorised by the Chief Parliamentary Counsel (c) legibly write, type or stamp below that affidavit taker's signature the following— (i) the authorised affidavit taker's name and address (whether personal or professional); (ii) a statement of the capacity in which the affidavit taker has authority to take the affidavit. (2) The signature of an authorised affidavit taker, when appearing in any jurat to an affidavit, is prima facie evidence that the affidavit was duly sworn or affirmed— (a) before the person purporting to have attested the affidavit in the jurat; and (b) on the day, and in the place, attested to in the jurat. 28 Affidavit by illiterate, blind or cognitively impaired person (1) If it appears to an authorised affidavit taker that the deponent is illiterate, blind or has a cognitive impairment, the authorised affidavit taker must certify in or below the jurat that the affidavit was read to the deponent by the authorised affidavit taker. (2) If an affidavit is made by an illiterate deponent, a blind deponent or a deponent with a cognitive impairment and a certification in accordance with subsection (1) does not appear on the affidavit, the affidavit must not be used in evidence unless the court or tribunal in which, or the person acting judicially before whom, the affidavit is used is satisfied that the affidavit was read to the deponent. Note See also section 14. -- 24 of 77 -- Part 3—Affidavits Oaths and Affirmations Act 2018 No. 6 of 2018 22 Authorised by the Chief Parliamentary Counsel 29 Minor non-compliance does not affect validity An affidavit is not invalid merely because of an inadvertent non-compliance with a requirement imposed by this Part that does not materially affect the nature of the affidavit. -- 25 of 77 -- Part 4—Statutory declarations Oaths and Affirmations Act 2018 No. 6 of 2018 23 Authorised by the Chief Parliamentary Counsel Part 4—Statutory declarations 30 Statutory declarations made in Victoria (1) A statutory declaration must be in the prescribed form. (2) A statutory declaration must be declared in the presence of— (a) an authorised affidavit taker; or Note See section 19(1) for a list of authorised affidavit takers. Refer also to the definition of authorised affidavit taker in section 3. (b) a person authorised to take a statutory declaration by or under any other Act; or (c) a person authorised by or under a Commonwealth Act to take a statutory declaration under that Commonwealth Act; or (d) any other prescribed person or person who is a member of a prescribed class of persons. (3) The person making the statutory declaration and the statutory declaration witness must do the following in the presence of each other— (a) sign or initial any alteration to the statutory declaration; (b) sign or initial each page of the statutory declaration; (c) if the statutory declaration refers to a document, sign a certificate attached to the document identifying the document as an exhibit to the statutory declaration; (d) sign and date the statutory declaration; -- 26 of 77 -- Part 4—Statutory declarations Oaths and Affirmations Act 2018 No. 6 of 2018 24 Authorised by the Chief Parliamentary Counsel (e) legibly write, type or stamp that person's name and address on the statutory declaration. (4) The person making the statutory declaration must make an oral declaration by saying the prescribed words aloud in the presence of the statutory declaration witness, unless the person has a disability that prevents the person from doing so. (5) The statutory declaration witness must write or stamp under that person's signature required by subsection (3)(c) and (d) that person's qualification as a statutory declaration witness. (6) For the purposes of subsection (3)(e), the address of the statutory declaration witness may be a personal address or a professional address. (7) Nothing in this Act prevents an Australian legal practitioner from acting as a statutory declaration witness by reason only that the Australian legal practitioner is acting or assisting any person acting for any of the parties to a proceeding or matter in respect of which the statutory declaration is made. 31 Offence to take statutory declaration if not statutory declaration witness and offence to purport to be statutory declaration witness (1) A person who is knowingly not a statutory declaration witness must not witness a statutory declaration. Penalty: 60 penalty units or imprisonment for 6 months or both. (2) A person who is knowingly not a statutory declaration witness must not represent that the person is a statutory declaration witness. Penalty: 10 penalty units. -- 27 of 77 -- Part 4—Statutory declarations Oaths and Affirmations Act 2018 No. 6 of 2018 25 Authorised by the Chief Parliamentary Counsel 32 Provision of assistance to person making statutory declaration (1) Subject to subsection (3), any person who assists a person to make a statutory declaration must on the face of the document legibly— (a) write or stamp the name and address of the assistant; and (b) explain the nature of the assistance provided to the person making the declaration. Examples Translation assistance, assistance with writing or reading. (2) The assistant referred to in subsection (1) may be the same person who witnesses the statutory declaration if qualified under section 30(2). (3) Subsection (1) does not apply to a person who, in a professional capacity, prepares or writes a statutory declaration for the person's client on the client's instructions, including— (a) an Australian legal practitioner; or (b) a licensed conveyancer; or (c) a person assisting another person to prepare a Victim Impact Statement. 33 Statutory declarations made out of Victoria (1) In addition to a person referred to in section 30(2), the following persons are authorised as statutory declaration witnesses for the purpose of a person making any statutory declaration in any place out of Victoria for use in Victoria in any court or tribunal or before a person acting judicially or for any purpose or in any way authorised by law (whether by or under any Act, including a Commonwealth Act), by custom or otherwise— -- 28 of 77 -- Part 4—Statutory declarations Oaths and Affirmations Act 2018 No. 6 of 2018 26 Authorised by the Chief Parliamentary Counsel (a) an Australian consular officer exercising the officer's functions in that place; (b) an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth; (c) an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth; (d) any person having authority to administer an oath or affirmation in that place. (2) If by any Act or subordinate instrument a statutory declaration is required, authorised or permitted to be administered or made before a justice of the peace or a bail justice, it is sufficient if the statutory declaration is made before a justice of the peace or bail justice (however described) for that place outside Victoria where the statutory declaration is made. (3) A court, tribunal or person acting judicially must take judicial and official notice of the signature of any justice of the peace or bail justice for a place outside Victoria referred to in subsection (2) when that person's signature is attached or appended to any statutory declaration. (4) For the purpose of subsection (3), judicial and official notice of the signature of the justice of the peace or bail justice for a place outside Victoria means that there is a presumption that, unless the contrary is proved— (a) the justice of the peace or bail justice signed the statutory declaration; and (b) the justice of the peace or bail justice was an authorised statutory declaration witness at the time of taking the statutory declaration. -- 29 of 77 -- Part 4—Statutory declarations Oaths and Affirmations Act 2018 No. 6 of 2018 27 Authorised by the Chief Parliamentary Counsel 34 Reasonable modifications may be made The statutory declaration witness may make or permit reasonable modifications to the process of making a statutory declaration if the person making the statutory declaration has a disability that prevents the person from doing so in accordance with this Part. Examples A hearing impaired person may read and sign the oral declaration instead of saying it aloud. A person who is unable to speak may be able to listen to a statutory declaration being read and nod assent. 35 Statutory declaration by illiterate, blind or cognitively impaired person Without limiting section 34, if it appears to a statutory declaration witness that the person making the statutory declaration is illiterate, blind or has a cognitive impairment, the statutory declaration witness must certify on the face of the statutory declaration that the statutory declaration was read to the person making the statutory declaration by the statutory declaration witness. 36 Offence to make false statutory declaration A person must not make a statement in a statutory declaration that the person knows to be untrue. Penalty: 600 penalty units or imprisonment for 5 years or both. 37 False or misleading statement as to making of statutory declaration A person must not make a false or misleading statement, knowing that the statement is false or misleading, as to— (a) the circumstances in which a statutory declaration or a document purporting to be a statutory declaration was made; or -- 30 of 77 -- Part 4—Statutory declarations Oaths and Affirmations Act 2018 No. 6 of 2018 28 Authorised by the Chief Parliamentary Counsel (b) whether or not a statutory declaration or a document purporting to be a statutory declaration was made. Penalty: 10 penalty units. 38 Minor non-compliance does not affect validity A statutory declaration is not invalid merely because of an inadvertent non-compliance with a requirement imposed by this Part that does not materially affect the nature of the declaration. -- 31 of 77 -- Part 5—Certification Oaths and Affirmations Act 2018 No. 6 of 2018 29 Authorised by the Chief Parliamentary Counsel Part 5—Certification Division 1—Authorised certifiers 39 Authorised certifiers The following persons may certify a copy of a document— (a) an authorised affidavit taker; Note See section 19(1) for a list of authorised affidavit takers. Refer also to the definition of authorised affidavit taker in section 3. (b) a statutory declaration witness; Note See section 30(2) for a list of statutory declaration witnesses. Refer also to the definition of statutory declaration witness in section 3. (c) a person authorised or required by or under any other Act in relation to a document under that Act; (d) any other prescribed person or member of a prescribed class of persons. Division 2—Scheme for certification of copies of original documents 40 Application (1) The certification scheme in this Division may be used by an authorised certifier to certify a copy of an original document as a true copy. (2) This Division does not apply to any certification requirement of or under any other Act unless this Division is expressly applied by or under that Act. -- 32 of 77 -- Part 5—Certification Oaths and Affirmations Act 2018 No. 6 of 2018 30 Authorised by the Chief Parliamentary Counsel (3) Without limiting subsection (2), this Division does not apply to the certification of a document— (a) by the keeper of a register of public documents, in relation to an extract from or a copy of a document in that register; or (b) by the holder of any other official record, in relation to an extract from or a copy of that record. 41 Process for certifying copies of documents (1) Before certifying a copy of an original document, an authorised certifier must— (a) inspect the original document to ensure that it is an original document; and (b) inspect the copy to ensure it is identical to the original document. (2) An authorised certifier may certify a copy of an original document by— (a) legibly writing on or stamping the copy with the prescribed words; and (b) signing and dating the copy; and (c) legibly writing on or stamping the copy with the name, qualification and address (whether personal or professional) of the authorised certifier. 42 Process for certifying copy of a certified copy (1) Before certifying a copy of a certified copy of an original document, an authorised certifier must— (a) inspect the certified copy of the original document to ensure that it appears to be authentic; and (b) inspect the copy of the certified copy of the original document to ensure it is identical to the certified copy of the original document. -- 33 of 77 -- Part 5—Certification Oaths and Affirmations Act 2018 No. 6 of 2018 31 Authorised by the Chief Parliamentary Counsel (2) An authorised certifier may certify a copy of a certified copy of an original document by— (a) legibly writing on or stamping the copy with the prescribed words; and (b) signing and dating the copy of the certified copy; and (c) legibly writing on or stamping the copy of the certified copy with the name, qualification and address (whether personal or professional) of the authorised certifier. 43 Multiple page documents In the case of a multiple page document, an authorised certifier may certify the copy of the document and any attachments in accordance with the following procedure instead of using the process set out in section 41(2) or 42(2)— (a) signing or initialling each page of the copy; and (b) numbering each page of the copy; and Example Page 1 of 26. (c) legibly writing on or stamping the copy with the prescribed words; and (d) signing and dating the copy; and (e) legibly writing on or stamping the copy with the name, qualification and address (whether personal or professional) of the authorised certifier. 44 Documents in languages other than English Nothing in this Part prevents an authorised certifier from certifying a document in a language other than English if the authorised certifier is -- 34 of 77 -- Part 5—Certification Oaths and Affirmations Act 2018 No. 6 of 2018 32 Authorised by the Chief Parliamentary Counsel of the opinion that the copy and the original document are identical. 45 Minor non-compliance does not affect validity A certified copy is not invalid merely because of an inadvertent non-compliance with a requirement imposed by this Part that does not materially affect the nature of the certification. Division 3—General certification offences 46 Application This Division applies to certification of copies of documents, whether under Division 2 or otherwise. 47 Offence to present false copy of a document for certification A person must not present a document for certification as a true copy of the original document, if the person knows it is not a copy of that original document. Penalty: 600 penalty units or imprisonment for 5 years or both. 48 Offence to certify certain copies of documents A person must not certify a copy of a document as a true copy of an original document if the person knows that— (a) the purported original document is not in fact an original document; or (b) the purported true copy is not in fact a true copy. Penalty: 600 penalty units or imprisonment for 5 years or both. Note See the definition of original document in section 3. -- 35 of 77 -- Part 5—Certification Oaths and Affirmations Act 2018 No. 6 of 2018 33 Authorised by the Chief Parliamentary Counsel 49 False or misleading statement as to certification of copy of document A person must not make a false or misleading statement, knowing that the statement is false or misleading, as to— (a) the circumstances in which the certification of a true copy of a document or a document purporting to be a certified true copy of a document was made; or (b) whether or not a certified true copy of a document or a document purporting to be a certified true copy of a document was made. Penalty: 10 penalty units. -- 36 of 77 -- Part 6—General Oaths and Affirmations Act 2018 No. 6 of 2018 34 Authorised by the Chief Parliamentary Counsel Part 6—General 50 Perjury to make false statement by oath, affirmation or affidavit (1) A person who intentionally makes a false statement, whether orally or in writing, under oath or affirmation or in an affidavit is liable to the penalties of perjury. Note See section 314(2) of the Crimes Act 1958. (2) Subsection (1) applies whether the oath, affirmation or affidavit is made under this Act, or made or required by or under any other Act, whether passed before, on or after the commencement of this section. 51 Infringement offences (1) A police officer may serve an infringement notice on a person who the police officer has reason to believe has committed an offence against section 20(1). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) The infringement penalty for an offence against a provision referred to in subsection (1) is 1 penalty unit. 52 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing forms or information for the purposes of this Act; (b) prescribing fees for the purposes of this Act; -- 37 of 77 -- Part 6—General Oaths and Affirmations Act 2018 No. 6 of 2018 35 Authorised by the Chief Parliamentary Counsel (c) prescribing persons or classes of persons as administering officers; (d) prescribing persons or classes of persons as authorised affidavit takers; (e) prescribing persons or classes of persons as statutory declaration witnesses; (f) prescribing persons or classes of persons as authorised certifiers; (g) prescribing procedures to facilitate electronic communication of documents to which this Act applies, including but not limited to the appending of electronic signatures; (h) prescribing procedures for the use of interpreters in relation to anything done under this Act; (i) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstances; (c) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies; (d) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations— -- 38 of 77 -- Part 6—General Oaths and Affirmations Act 2018 No. 6 of 2018 36 Authorised by the Chief Parliamentary Counsel (i) whether unconditionally or on specified conditions; and (ii) either wholly or to any extent that is specified; (e) impose a penalty not exceeding 20 penalty units for a contravention of the regulations. -- 39 of 77 -- Part 7—Transitional provisions, repeals and consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 37 Authorised by the Chief Parliamentary Counsel Part 7—Transitional provisions, repeals and consequential amendments Division 1—Repeals and transitional provisions 53 Administration of oaths and affirmations Section 42Y of the Evidence (Miscellaneous Provisions) Act 1958 is repealed. 54 Oaths affirmations affidavits declarations Divisions 1, 2, 3, 4, 5, 6, 9, 10 and 11 of Part IV of the Evidence (Miscellaneous Provisions) Act 1958 are repealed. 55 Attestations verifications acknowledgements notarial Acts etc. Part V of the Evidence (Miscellaneous Provisions) Act 1958 is repealed. 56 Persons making wilful false statements on oath, declaration etc. guilty of perjury Section 141 of the Evidence (Miscellaneous Provisions) Act 1958 is repealed. 57 Abolition of extra-judicial oaths Section 151 of the Evidence (Miscellaneous Provisions) Act 1958 is repealed. 58 Form of oath and affirmation and affirmations in writing The Third Schedule to the Evidence (Miscellaneous Provisions) Act 1958 is repealed. -- 40 of 77 -- Part 7—Transitional provisions, repeals and consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 38 Authorised by the Chief Parliamentary Counsel 59 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from the date that this Act receives the Royal Assent; (b) be of limited or general application; (c) differ according to differences in time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or specified class of persons; (e) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section. (3) Regulations made under this section have effect despite anything to the contrary— (a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This section is repealed on the second anniversary of the day on which it comes into operation. -- 41 of 77 -- Part 7—Transitional provisions, repeals and consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 39 Authorised by the Chief Parliamentary Counsel Division 2—Consequential amendments to Evidence (Miscellaneous Provisions) Act 1958 60 Oaths affirmations affidavits declarations For the heading to Part IV of the Evidence (Miscellaneous Provisions) Act 1958 substitute— "Part IV—Particular affidavits". 61 Heading to Part VII amended In the heading to Part VII of the Evidence (Miscellaneous Provisions) Act 1958 for "perjury forgery false certificates etc." substitute "relating to false documents and false certificates". 62 Regulations In section 152(2) of the Evidence (Miscellaneous Provisions) Act 1958— (a) paragraphs (a) and (b) are repealed; (b) in paragraph (c) omit "other". Division 3—Consequential amendment of other Acts 63 Crimes Act 1958 In section 314(3) of the Crimes Act 1958— (a) for "declaration or" (where 5 times occurring) substitute "or"; (b) for "affirmation or declaration" (where twice occurring) substitute "or affirmation". -- 42 of 77 -- Part 7—Transitional provisions, repeals and consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 40 Authorised by the Chief Parliamentary Counsel 64 Constitution Act 1975 For the note at the foot of the Second Schedule to the Constitution Act 1975 substitute— "Note For the forms of administering oaths and affirmations, see Part 2 of the Oaths and Affirmations Act 2018.". 65 Evidence Act 2008 (1) In section 13(3), (4) and (5) of the Evidence Act 2008, after "sworn" insert "or affirmed". (2) In section 13(4) and (5) of the Evidence Act 2008, after "unsworn evidence" insert "or evidence that is not affirmed". (3) After section 21(5) of the Evidence Act 2008 insert— '(6) For the purposes of subsection (4), in the case of a child or a person with a cognitive disability, the following words are taken to be a similar form of oath or affirmation— "I promise to tell the truth.".' (4) In section 171(3)(a) of the Evidence Act 2008, for "124 of the Evidence Act 1958" substitute "21 of the Oaths and Affirmations Act 2018". (5) In the heading to section 186 of the Evidence Act 2008, after "Swearing" insert "or affirming". (6) For note 1 at the foot of section 186 of the Evidence Act 2008 substitute— "1 Part 3 of the Oaths and Affirmations Act 2018 relates to affidavits.". -- 43 of 77 -- Part 7—Transitional provisions, repeals and consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 41 Authorised by the Chief Parliamentary Counsel 66 Interpretation of Legislation Act 1984 In section 38 of the Interpretation of Legislation Act 1984, for the definition of statutory declaration and solemn declaration substitute— "statutory declaration means a statutory declaration under Part 4 of the Oaths and Affirmations Act 2018;". 67 Public Notaries Act 2001 After section 9 of the Public Notaries Act 2001 insert— "9A Oaths and Affirmations Act 2018 Parts 2, 3 and 4 of the Oaths and Affirmations Act 2018 apply, with any necessary modification, to any notarial act.". 68 Further consequential amendments On the coming into operation of an item in Schedule 2, each Act specified in the heading to that item is amended as set out in the item. Division 4—Repeal of amending provisions 69 Repeal of amending provisions Divisions 2 and 3 and this Division of this Part and Schedule 2 are repealed on 1 March 2020. Note The repeal of these provisions does not affect the continuing operation of the amendments made by them (see section 15(1) of the Interpretation of Legislation Act 1984). -- 44 of 77 -- Schedule 1—Form of oath and affirmation Oaths and Affirmations Act 2018 No. 6 of 2018 42 Authorised by the Chief Parliamentary Counsel Schedule 1—Form of oath and affirmation Section 8 Form of oath I swear (or promise) by Almighty God (or the person may name a god recognised by the person's religion) that [words of the oath prescribed or allowed by law]. Form of affirmation I solemnly and sincerely declare and affirm that [words of the affirmation prescribed or allowed by law]. -- 45 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 43 Authorised by the Chief Parliamentary Counsel Schedule 2—Further consequential amendments 1 Administration and Probate Act 1958 1.1 In section 28(1), after "oath" insert "or by affirmation". 1.2 In section 57(1), after "sworn" insert "or affirmed". 1.3 In section 75(1), for "take declarations and affirmations" substitute "and affirmations and take statutory declarations". 1.4 In section 75(2)— (a) after "sworn" insert "or affirmed"; (b) for "any person authorised under the Evidence (Miscellaneous Provisions) Act 1958" substitute "an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018". 2 Adoption Act 1984 2.1 After section 34(3)(a)(i) insert— "(ia) an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth; (ib) an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth;". 3 Agricultural and Veterinary Chemicals (Control of Use) Act 1992 3.1 In section 54B(2), after "oath" insert "or by affirmation". -- 46 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 44 Authorised by the Chief Parliamentary Counsel 4 Agricultural and Veterinary Chemicals (Victoria) Act 1994 4.1 In section 3(1), in paragraph (g) of the definition of instrument, after "sworn" insert "or affirmed". 5 Agricultural Industry Development Act 1990 5.1 In section 51A(2), after "or by" insert "affirmation or". 6 Ambulance Services Act 1986 6.1 In section 13(4), after "oath" insert "or by affirmation". 7 Architects Act 1991 7.1 In section 30(d), for "affirmation and any member may administer an oath or take" substitute "by affirmation and any member may administer an oath or". 8 Associations Incorporation Reform Act 2012 8.1 In section 168, after "oath" insert "or by affirmation". 9 Audit Act 1994 9.1 In sections 6(8) and 7(3), after "oath" insert "or affirmation". 9.2 In section 11(1A), after "oath" insert "or by affirmation". 9.3 In section 11(3), after "oath" (where twice occurring) insert "or affirmation". 10 Australian Consumer Law and Fair Trading Act 2012 10.1 In section 6(1), after "sworn" insert "or affirmed". 10.2 In sections 157(3), 158A(1) and 164(3), after "or by" insert "affirmation or". -- 47 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 45 Authorised by the Chief Parliamentary Counsel 11 Australian Crime Commission (State Provisions) Act 2003 11.1 In sections 24(1) and 28(1), after "oath" insert "or affirmation". 11.2 In section 30(2) and (5), after "sworn" insert "or affirmed". 12 Back to Work Act 2015 12.1 In section 30(3)— (a) after "on oath" insert "or by affirmation"; (b) after "an oath" insert "or affirmation". 12.2 In section 32(2), after "oath" insert "or affirmation". 13 Bail Act 1977 13.1 In section 8(1)(a), after "oath" insert "or by affirmation". 13.2 In section 9(3B)(b)— (a) for subparagraph (i) substitute— "(i) the affidavit of the surety sworn or affirmed before an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018; and"; (b) in subparagraph (ii), after "sworn" insert "or affirmed". 13.3 In section 9(3D), after "sworn" (where twice occurring) insert "or affirmed". 13.4 Section 9(4) is repealed. 13.5 In section 9(5)(a)— (a) after "oath" insert "or affirmation"; (b) for "necessary; or" substitute "necessary.". 13.6 Section 9(5)(b) is repealed. -- 48 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 46 Authorised by the Chief Parliamentary Counsel 13.7 In section 9(6)— (a) after "sworn" insert "or affirmed"; (b) omit "or made a declaration of justification". 13.8 In section 18A(3) omit "or declaration". 14 Biological Control Act 1986 14.1 In section 42, for "to or take an affirmation of" substitute "or affirmation to". 15 Births, Deaths and Marriages Registration Act 1996 15.1 In section 30B(3)— (a) for "A statutory declaration" substitute "A document that is the equivalent of a statutory declaration"; (b) for "statutory declarations" substitute "a document that is the equivalent of a statutory declaration in that place". 16 Building Act 1993 16.1 In section 231B(2), after "oath" insert "or by affirmation". 17 Catchment and Land Protection Act 1994 17.1 In section 83(2), after "oath" insert "or by affirmation". 18 Cemeteries and Crematoria Act 2003 18.1 In section 165(2), after "oath" insert "or by affirmation". 19 Charities Act 1978 19.1 In section 14(1)— (a) in paragraph (a), after "oaths" insert "and affirmations"; (b) in paragraph (b), after "oath" insert "or affirmation". -- 49 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 47 Authorised by the Chief Parliamentary Counsel 20 Children, Youth and Families Act 2005 20.1 In section 237(2), after "oath" insert "or by affirmation". 20.2 In section 344B(5)(a), after "sworn" insert "or affirmed". 20.3 In section 345(4), after "oath" insert "or by affirmation". 20.4 In section 359(2)(b), after "sworn" insert "or affirmed". 20.5 In section 498(3), after "oath" insert "or by affirmation". 20.6 In section 531(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 20.7 In section 532(6), after "oath" insert "or by affirmation". 20.8 In section 539(1)(b), after "oath" insert "or affirmation". 20.9 In section 593(2), after "oath" insert "or by affirmation". 20.10 In section 595— (a) in subsection (1)(a), after "oath" insert "or by affirmation"; (b) in subsection (1)(c), for "declaration" substitute "statutory declaration"; (c) in subsection (3), after "affidavit or" insert "statutory". 20.11 In section 598(1), after "oath" insert "or by affirmation". 21 Children's Services Act 1996 21.1 In section 37(2), after "oath" insert "or by affirmation". -- 50 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 48 Authorised by the Chief Parliamentary Counsel 22 City of Greater Geelong Act 1993 22.1 In section 15(3), after "oath" insert "or affirmation". 23 City of Melbourne Act 2001 23.1 In section 27(3), after "oath" insert "or affirmation". 24 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 24.1 In section 71(2), after "oath" insert "or by affirmation". 25 Competition Policy Reform (Victoria) Act 1995 25.1 In section 3(1), in paragraph (g) of the definition of instrument, after "sworn" insert "or affirmed". 26 Confiscation Act 1997 26.1 In section 18(1)(c), after "sworn" insert "or affirmed". 26.2 In section 31D(3), after "sworn" (where twice occurring) insert "or affirmed". 26.3 In section 31D(4)(b), after "sworn" insert "or affirmed". 26.4 In section 31E(2), for "whether sworn or unsworn" substitute "even if the affidavit is not sworn or affirmed". 26.5 In sections 31E(3), 31F(1)(b)(ii), (1A)(b)(ii) and (1B)(b)(ii) and 81(2), after "sworn" insert "or affirmed". 26.6 In section 81(3), for "whether sworn or unsworn" substitute "even if the affidavit is not sworn or affirmed". 26.7 In section 81(7), after "sworn" insert "or affirmed". -- 51 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 49 Authorised by the Chief Parliamentary Counsel 26.8 In section 95B(1), after "oath" insert "or affirmation". 26.9 In section 101(1), (3) and (3A), after "sworn" insert "or affirmed". 26.10 In section 109(3)(b), after "oath" insert "or affirmation". 26.11 In section 110(3), after "sworn" insert "or affirmed". 26.12 In section 116(1), after "sworn" insert "or affirmed". 26.13 In section 137(2), after "oath" insert "or affirmation". 27 Control of Weapons Act 1990 27.1 In section 11(1), after "oath" insert "or by affirmation". 28 Conveyancers Act 2006 28.1 In section 128(3), after "oath" insert "or by affirmation". 28.2 In section 169(3), after "oath" insert "or affirmation". 29 Co-operative Housing Societies Act 1958 29.1 Insert the following heading to section 58— "Valuations of property to be made by sworn or affirmed valuators". 30 Coroners Act 2008 30.1 In the heading to section 95, after "Oath" insert "or affirmation". 30.2 In section 95, after "oath" insert "or affirmation". 30.3 In section 98— (a) in paragraph (b), after "oath" insert "or affirmation"; -- 52 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 50 Authorised by the Chief Parliamentary Counsel (b) in paragraph (c), after "swear" insert "or affirm". 30.4 In clause 16(1)(b) and (2)(c) of Schedule 1, after "oath" insert "or affirmation". 31 Corporations (Victoria) Act 1990 31.1 In section 13(5), in paragraph (g) of the definition of instrument, after "sworn" insert "or affirmed". 31.2 In section 65(5), in paragraph (g) of the definition of instrument, after "sworn" insert "or affirmed". 32 Corrections Act 1986 32.1 In section 71G(1), after "oath or" insert "by". 32.2 In section 79K(1), after "oath" insert "or by affirmation". 33 County Court Act 1958 33.1 Insert the following heading to section 22— "Power to registrar to administer oaths and affirmations". 33.2 In section 22(1), after "depositions" insert "statutory". 33.3 For section 22(2) substitute— "(2) Any affidavit to be used in the court must be sworn or affirmed before an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018.". 34 Credit (Administration) Act 1984 34.1 In section 28(2), after "oath" insert "or by affirmation". 35 Crimes Act 1958 35.1 In section 92(1), after "oath" insert "or by affirmation". -- 53 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 51 Authorised by the Chief Parliamentary Counsel 35.2 In section 314(3)— (a) after "swears to" insert "or affirms"; (b) after "upon oath" insert "or by affirmation". 35.3 In sections 317(9)(a), 319E(2), 464M(2)(a), 464T(2)(a) and 464U(4)(a), after "oath" insert "or by affirmation". 35.4 At the foot of section 314(3) insert the following note— "Note Making a false statutory declaration is a separate offence under section 36 of the Oaths and Affirmations Act 2018.". 35.5 In section 315, after "examination" insert "statutory". 35.6 In section 464V(5)(b), for "sworn or unsworn" substitute "sworn or affirmed, or unsworn or not affirmed". 35.7 In section 464W(2), after "sworn" insert "or affirmed". 35.8 In section 464W(3), for "whether sworn or unsworn" substitute "even if the affidavit is not sworn or affirmed". 35.9 In section 464W(10), after "sworn" insert "or affirmed". 35.10 In sections 464ZFAA(7), 464ZFA(1B) and 465(1), after "or by" insert "affirmation or". 35.11 In sections 464ZF(8)(c), 464ZFAAA(5)(c), 464ZFB(2)(c) and 466, after "oath" insert "or by affirmation". 35.12 In section 470(1), after "or by (where first occurring) insert "affirmation or". -- 54 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 52 Authorised by the Chief Parliamentary Counsel 36 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 36.1 In sections 29(4), 30A(2), 30B(2), 38ZK(3) and 38ZM(2), for "oath, whether orally or by affidavit" substitute "oath or by affirmation or by affidavit". 36.2 In section 43(2)(b), after "sworn" insert "or affirmed". 36.3 In section 65(3) omit "take an". 36.4 In section 73J(3), for "oath, whether orally or by affidavit" substitute "oath or by affirmation or by affidavit". 37 Criminal Organisations Control Act 2012 37.1 In section 127(2), after "sworn" insert "or affirmed". 38 Criminal Procedure Act 2009 38.1 In sections 12(5), 19(2), 37(2), 68(1)(a)(i), 68(1)(b), 83(4), 84(6), 106(2)(a), 113(1), 141(2)(a)(i), 141(2)(b), 174(3) and 228(1)(a)(i), after "sworn" insert "or affirmed". 38.2 In section 49(4), after "sworn" insert ", affirmed". 38.3 In section 49(5)— (a) after "unsworn" insert ", unaffirmed"; (b) after "sworn" insert ", affirmed". 38.4 In section 331(5), after "sworn" insert "(by jurors taking an oath or making an affirmation)". 38.5 In section 397 after "sworn" insert "or affirmed". 38.6 In section 399— (a) in subsection (1)(a), after "sworn" insert "or affirmed"; -- 55 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 53 Authorised by the Chief Parliamentary Counsel (b) in subsections (1)(c), (3) and (4), for "declaration" substitute "statutory declaration". 38.7 For item 31 of Schedule 3 substitute— "31 An authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018.". 39 Dangerous Goods Act 1985 39.1 In section 15(2), after "oath" insert "or by affirmation". 40 Disability Act 2006 40.1 In section 124(5), after "oath or" insert "by". 41 Domestic Animals Act 1994 41.1 In sections 76D(2), 84E(2), 84EA(3) and 84XB(2), after "oath" insert "or by affirmation". 42 Drugs, Poisons and Controlled Substances Act 1981 42.1 In section 81(1) and (1AB), after "oath" insert "or by affirmation". 42.2 In Schedule Ten, after "oath" insert "or affirmation". 43 Eastlink Project Act 2004 43.1 In section 219A(2)(c), after "sworn" insert "or affirmed". 44 Education and Training Reform Act 2006 44.1 In section 5.8.3I(2), after "oath" insert "or by affirmation". 45 Electoral Act 2002 45.1 In section 125(d), after "oath" insert "or affirmation". -- 56 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 54 Authorised by the Chief Parliamentary Counsel 46 Electricity Industry Act 2000 46.1 In section 102(2), after "oath" insert "or by affirmation". 47 Electricity Safety Act 1998 47.1 In section 131(2), after "oath" insert "or by affirmation". 48 Emerald Tourist Railway Act 1977 48.1 In section 34(1)(c) and (2), after "oath" insert "or affirmation". 48.2 In section 36(1)(c)(ii), after "sworn" insert "or affirmed". 49 Equipment (Public Safety) Act 1994 49.1 In section 16(2), after "oath" insert "or by affirmation". 50 Estate Agents Act 1980 50.1 In section 42(6)(b), after "oath" insert "or by affirmation". 50.2 In section 70K(2), after "oath" insert "or by affirmation". 51 Evidence (Miscellaneous Provisions) Act 1958 51.1 In sections 9N(5) and 9P, after "oath" insert "or by affirmation". 52 Family Violence Protection Act 2008 52.1 In sections 27(1)(b), 43(1)(b) and (c) and 44(3), after "oath" insert "or by affirmation". 52.2 In the heading to section 51 omit "on oath,". 52.3 In section 51(a) omit "on oath or". 52.4 In the heading to section 66, after "sworn" insert "or affirmed". 52.5 In section 66(1) and (3), after "sworn" insert "or affirmed". -- 57 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 55 Authorised by the Chief Parliamentary Counsel 52.6 In section 160(2), for "oath, whether oral or by affidavit" substitute "oath or by affirmation or by affidavit". 52.7 In section 203(1)(a) omit "on oath or". 53 Firearms Act 1996 53.1 In section 146(2), after "oath" insert "or by affirmation". 54 Fire Services Property Levy Act 2012 54.1 In section 54(4)— (a) after "on oath" insert "or by affirmation"; (b) after "an oath" insert "or affirmation". 54.2 In section 56(2), after "oath" insert "or by affirmation". 55 First Home Owner Grant Act 2000 55.1 In section 41(3)— (a) after "on oath" insert "or by affirmation"; (b) after "an oath" insert "or affirmation". 55.2 In section 43(2), after "oath" insert "or by affirmation". 56 Fisheries Act 1995 56.1 In section 44(4)(b), for "a person specified in section 107A of the Evidence (Miscellaneous Provisions) Act 1958" substitute "an authorised certifier within the meaning of the Oaths and Affirmations Act 2018". 56.2 In sections 44(5), 102(9), 103(2), 126, 126A and 126B, after "oath" insert "or by affirmation". -- 58 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 56 Authorised by the Chief Parliamentary Counsel 57 Flora and Fauna Guarantee Act 1988 57.1 In section 57(4), after "oath" insert "or by affirmation". 57.2 In section 62(2), after "oath" insert "or by affirmation". 58 Forests Act 1958 58.1 In section 63(7), after "oath" insert "or by affirmation". 58.2 In section 83(1) and (2), after "oath" insert "or by affirmation". 59 Gambling Regulation Act 2003 59.1 In section 2.5.21(2), after "oath" insert "or by affirmation". 59.2 In section 2.5.40(2)(c)(i), (e) and (g), after "sworn" (wherever occurring) insert "or affirmed". 59.3 In section 10.5.12(2), after "oath" insert "or by affirmation". 59.4 In Form 1 of Schedule 4, after "oath" insert "or by affirmation". 60 Gas Industry Act 2001 60.1 In section 216(2), after "oath" insert "or by affirmation". 61 Gas Safety Act 1997 61.1 In section 96(2), after "oath" insert "or by affirmation". 62 Gene Technology Act 2001 62.1 In sections 172(2) and 173(2), after "oath" insert "or by affirmation". 62.2 In section 174(4) and (7)(b), after "sworn" insert "or affirmed". -- 59 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 57 Authorised by the Chief Parliamentary Counsel 63 Graffiti Prevention Act 2007 63.1 In section 12(2), after "oath" insert "or by affirmation". 64 Guardianship and Administration Act 1986 64.1 In section 27(1), after "oath" insert "or by affirmation". 65 Health Services Act 1988 65.1 In section 147A(2), after "oath" insert "or affirmation". 66 Heritage Act 1995 66.1 In sections 150A(2), 150E(3)(a) and 155(2), after "oath" insert "or by affirmation". 67 Housing Act 1983 67.1 In section 118(2), for "oath, whether oral or by affidavit" substitute "oath or by affirmation or by affidavit". 68 Imprisonment of Fraudulent Debtors Act 1958 68.1 In sections 4, 15 and 22(2), after "oath" (where twice occurring) insert "or by affirmation". 68.2 In sections 5(1)(b) and 16(1)(b), after "sworn" insert "or affirmed". 69 Independent Broad-based Anti-corruption Commission Act 2011 69.1 In section 91(3), after "oath" insert "or by affirmation". 69.2 In section 132(3), for "take" substitute "witness". 69.3 In section 139(2), after "oath" insert "or by affirmation". -- 60 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 58 Authorised by the Chief Parliamentary Counsel 70 Infringements Act 2006 70.1 In section 162(4)(d)(ii) omit "or declaration". 71 Inquiries Act 2014 71.1 In section 28(2), after "oath" insert "or by affirmation". 72 Judgment Debt Recovery Act 1984 72.1 In section 14(5), after "oath" insert "or by affirmation". 73 Judicial Commission of Victoria Act 2016 73.1 In section 3(1), in paragraph (a)(iv) of the definition of coercive power, after "oath or" insert "by". 73.2 In section 84(2), for "oath, whether oral or by affidavit" substitute "oath or by affirmation or by affidavit". 74 Juries Act 2000 74.1 In section 6, after "juror" insert "by taking an oath or making an affirmation". 74.2 In sections 8(4)(a), 9(5)(a) and 29(4C)(a), after "oath" insert "or by affirmation". 74.3 In section 42, for "be sworn" substitute "take an oath or make an affirmation". 74.4 In the heading to section 49, after "Oath" insert "or affirmation". 74.5 In section 49, for "be sworn" substitute "take an oath or make an affirmation". 74.6 In section 50(2), for "been sworn" substitute "taken an oath or made an affirmation". 74.7 In section 55(3)(c), after "juror" insert "by taking an oath or making an affirmation". -- 61 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 59 Authorised by the Chief Parliamentary Counsel 74.8 For section 62 substitute— "62 Power to administer oaths and affirmations The Juries Commissioner and each Deputy Juries Commissioner is a person duly authorised to administer oaths and affirmations under Part 3 of the Oaths and Affirmations Act 2018 and, subject to that Part, may administer any oaths and affirmations that appear to that person to be proper for the purposes of this Act. Note See section 12(2) of the Oaths and Affirmations Act 2018.". 74.9 In section 78B, after "oath" insert "or by affirmation". 74.10 In the heading to Schedule 3, for "Swearing" substitute "Oath or affirmation". 74.11 In the heading to Schedule 4, for "Swearing" substitute "Oath or affirmation". 74.12 In the heading to Schedule 5, for "Swearing" substitute "Oath or affirmation". 75 Land Act 1958 75.1 In the Sixth Schedule, after "Sworn" insert "or affirmed". 76 Land Acquisition and Compensation Act 1986 76.1 Section 97(2) is repealed. 77 Liquor Control Reform Act 1998 77.1 In section 130B(2), for "oath, whether oral or by affidavit" substitute "oath or by affirmation or by affidavit". -- 62 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 60 Authorised by the Chief Parliamentary Counsel 78 Livestock Disease Control Act 1994 78.1 In section 121(2), after "oath" insert "or by affirmation". 79 Livestock Management Act 2010 79.1 In section 32(3), after "oath" insert "or by affirmation". 80 Local Government Act 1989 80.1 In section 28A(3), after "oath" insert "or make the affirmation". 80.2 In section 29(1)(e), after "oath" insert "or affirmation". 80.3 In the heading to section 63, after "oath" insert "or affirmation". 80.4 In section 63(1)(a), after "oath" insert "or affirmation". 80.5 In section 63(1A), for "of office is to be taken by a Councillor in accordance with Division 2 of Part IV of the Evidence (Miscellaneous Provisions) Act 1958" substitute "or affirmation of office is to be taken by a Councillor in accordance with Part 2 of the Oaths and Affirmations Act 2018". 80.6 In section 63(2), after "oath" insert "or affirmation". 80.7 The note at the foot of section 63(2) is repealed. 80.8 In sections 64, 69(1)(a), 70(2A)(a), 74A(5) and 81(2)(a)(ii), after "oath" insert "or affirmation". 80.9 In section 223B(2)(c), after "oath" insert "or by affirmation". 80.10 In section 223B(3), after "oath" insert "or affirmation". -- 63 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 61 Authorised by the Chief Parliamentary Counsel 80.11 In section 223C(1)(c)(i), after "oath or" insert "make an". 80.12 In section 223CC(2)(c), after "oath" insert "or by affirmation". 80.13 In section 223CC(3), after "oath" insert "or affirmation". 80.14 In clause 4(2)(b) of Schedule 4, after "oath or" insert "by". 80.15 In clause 4(3) of Schedule 4— (a) omit "take an"; (b) after "affirmation or" insert "witness a statutory". 80.16 In the heading to clause 8 of Schedule 4, after "sworn" insert "or affirmed". 81 Magistrates' Court Act 1989 81.1 In sections 7(5), 8(1B), 21(1)(b), 59(1) and (4), 61(2), 103(3)(b) and 126A(2), after "oath" insert "or affirmation". 81.2 In section 140(1)(la), after "oath" (where twice occurring) insert "or affirmation". 81.3 In section 75(2), after "oath" insert "or by affirmation". 81.4 In section 78(5), after "oath" insert "or by affirmation". 81.5 In section 134(1)(b) and (c) and (5)(b), after "sworn" insert "or affirmed". 82 Maintenance Act 1965 82.1 In sections 27(1)(a), 28(b), 33(1), (2)(b) and 41(1), after "oath" insert "or by affirmation". 83 Major Crime (Investigative Powers) Act 2004 83.1 In section 5(6), after "sworn" (where twice occurring) insert "or affirmed". -- 64 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 62 Authorised by the Chief Parliamentary Counsel 83.2 In section 5(7)(b), after "unsworn" insert "or affirmed". 83.3 In section 5(7)(b) and (c), after "sworn" insert "or affirmed". 83.4 In section 6(2), for "sworn or unsworn" substitute "sworn or affirmed, or unsworn or not affirmed". 83.5 In sections 46(1) and 47(4), after "oath" insert "or by affirmation". 84 Major Sporting Events Act 2009 84.1 In section 134(2), after "oath" insert "or by affirmation". 85 Marine (Drugs, Alcohol and Pollution Control) Act 1988 85.1 In section 27(1AA), (1A) and (1B), after "sworn" insert "or affirmed". 85.2 In section 33(5), after "oath" insert "or by affirmation". 86 Medical Treatment Planning and Decisions Act 2016 86.1 In section 3(1), for paragraph (b) of the definition of authorised witness substitute— "(b) an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018;". 87 Melbourne City Link Act 1995 87.1 In section 87A(2)(c), after "sworn" insert "or affirmed". 88 Mental Health Act 2014 88.1 In section 3(1), for paragraph (c) of the definition of authorised witness substitute— "(c) a statutory declaration witness within the meaning of the Oaths and Affirmations Act 2018;". -- 65 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 63 Authorised by the Chief Parliamentary Counsel 88.2 In sections 299(2) and 301(3), for "oath, whether orally or by affidavit," substitute "oath or by affirmation or by affidavit". 89 Mineral Resources (Sustainable Development) Act 1990 89.1 In sections 95F(2) and 100(2)(b), after "oath" insert "or by affirmation". 90 Motor Car Traders Act 1986 90.1 In section 82AI(2), after "oath" insert "or by affirmation". 91 Occupational Health and Safety Act 2004 91.1 In section 104(2), after "oath" insert "or by affirmation". 92 Parliamentary Administration Act 2005 92.1 In section 15(4), after "oath" insert "or by affirmation". 93 Personal Safety Intervention Orders Act 2010 93.1 In section 13(1)(b) and (c), after "oath" insert "or by affirmation". 93.2 In section 14(3), after "oath" insert "or by affirmation". 93.3 In the heading to section 22 omit "on oath,". 93.4 In section 22(a) omit "on oath or". 93.5 In the heading to section 48, after "sworn" insert "or affirmed". 93.6 In section 48(1) and (3), after "sworn" insert "or affirmed". 93.7 In section 117(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 93.8 In section 177(1)(a) omit "on oath or". -- 66 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 64 Authorised by the Chief Parliamentary Counsel 94 Petroleum Products Subsidy Act 1965 94.1 Insert the following heading to section 14— "Power to examine on oath or by affirmation". 94.2 In section 14(1), after "oath" insert "or affirmation". 94.3 Section 14(2) and (3) are repealed. 95 Pharmacy Regulation Act 2010 95.1 In section 70(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 96 Plant Biosecurity Act 2010 96.1 In section 89(2), after "oath" insert "or by affirmation". 97 Powers of Attorney Act 2014 97.1 In section 16(4)(e), after "oath" insert "or affirmation". 97.2 For section 97(1)(b) substitute— "(b) one person must be a person who is a statutory declaration witness within the meaning of the Oaths and Affirmations Act 2018;". 98 Professional Standards Act 2003 98.1 In section 41(2)(c), after "oath" insert "or affirmation". 99 Property Law Act 1958 99.1 Insert the following heading to section 17— "False oaths and affirmations made punishable". 99.2 In section 17, after "oath" insert "or affirmation". -- 67 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 65 Authorised by the Chief Parliamentary Counsel 100 Prevention of Cruelty to Animals Act 1986 100.1 In section 12AA(1), after "oath" insert "or by affirmation". 100.2 In sections 24G(2), 24K(2), 24KA(2) and 36C(1), after "oath" insert "or by affirmation". 101 Private Security Act 2004 101.1 In section 154(2), after "oath" insert "or affirmation". 102 Protected Disclosure Act 2012 102.1 In section 40(1)(b) and 76(2)(b), after "oath" insert "or affirmation". 103 Public Health and Wellbeing Act 2008 103.1 In section 123(6) and 134(4), for "oath, whether orally or by affidavit," substitute "oath or by affirmation or by affidavit". 103.2 In section 170(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 103.3 In section 185F(2), after "on oath" insert "or by affirmation". 104 Public Safety Preservation Act 1958 104.1 In section 10(2), after "oath" (where three times occurring) insert "or affirmation". 105 Radiation Act 2005 105.1 In section 79(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 106 Rail Safety (Local Operations) Act 2006 106.1 In section 71(4) and (5), after "sworn" insert "or affirmed". 106.2 In section 86K(11), after "oath" insert "or affirmation". -- 68 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 66 Authorised by the Chief Parliamentary Counsel 107 Religious and Successory Trusts Act 1958 107.1 In section 15, for "ascertain that such copy is a true copy and certify thereon by writing under his hand that such is the case together with" substitute "certify that document in accordance with Part 5 of the Oaths and Affirmations Act 2018 and write". 107.2 In section 39(1), for "a person authorised under the Evidence (Miscellaneous Provisions) Act 1958 to take affidavits" substitute "an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018". 107.3 In section 54, after "oath" (where twice occurring) insert "or affirmation". 108 Research Involving Human Embryos Act 2008 108.1 In section 30(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 109 Road Safety Act 1986 109.1 In section 48(1AC), (1A) and (1B), after "sworn" insert "or affirmed". 109.2 In section 58(5), after "oath" insert "or by affirmation". 109.3 In sections 67(2)(c), 89B(1A)(c) and 89BA(2)(c), for "a sworn statement in writing" substitute "an affidavit". 109.4 In section 103M(2) and (3), after "sworn" insert "or affirmed". 109.5 In section 128(2), after "oath" insert "or by affirmation". -- 69 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 67 Authorised by the Chief Parliamentary Counsel 110 Rooming House Operators Act 2016 110.1 In sections 59(3) and 65(2), after "on oath" insert "or by affirmation". 111 Safe Drinking Water Act 2003 111.1 In section 26E(b), after "oath" insert "or affirmation". 112 Seamen's Act 1958 112.1 In section 9, after "oath" insert "or by affirmation". 113 Seafood Safety Act 2003 113.1 In section 34(2), after "oath" insert "or by affirmation". 114 Second-Hand Dealers and Pawnbrokers Act 1989 114.1 In sections 24(2)(b) and 26L(2), after "oath" insert "or by affirmation". 115 Sentencing Act 1991 115.1 In section 8K(2)(b), after "sworn" insert "or affirmed". 115.2 In sections 18(3)(b), 35(3)(b) and 69E(1)(b)(i), after "oath" insert "or by affirmation". 115.3 In section 69FA(b)(i), after "or by" insert "affirmation or". 115.4 The note at the foot of section 105J is repealed. 115.5 In section 105J(a) and (b), after "oath" insert "or by affirmation". 115.6 In section 107(5), after "oath or by" insert "affirmation or". 116 Serious Sex Offenders (Detention and Supervision) Act 2009 116.1 In sections 91(1) and 193(2), after "oath" insert "or by affirmation". -- 70 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 68 Authorised by the Chief Parliamentary Counsel 117 Severe Substance Dependence Treatment Act 2010 117.1 In section 13(2), after "oath" insert "or by affirmation". 118 Sex Work Act 1994 118.1 In section 61L(2), after "oath" insert "or by affirmation". 118.2 In section 64(8), after "oath" insert "or by affirmation". 118.3 In sections 63(2) and (2A) and 78A(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 119 Summary Offences Act 1966 119.1 In sections 9(1A), 29(3), 29(4)(a) and 33(2), after "oath" insert "or by affirmation". 119.2 In sections 27(1), 28(2)(b) and 41E(2), after "oath" insert "or by affirmation". 120 Supported Residential Services (Private Proprietors) Act 2010 120.1 In sections 136(2) and 137(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 121 Surveillance Devices Act 1999 121.1 In sections 15(5) and 20C(5), after "sworn" (where twice occurring) insert "or affirmed". 121.2 In sections 15(6)(b) and 20C(6)(b), after "sworn" insert "or affirmed". 121.3 In sections 16(2) and 20D(2), for "sworn or unsworn" substitute "sworn or affirmed, or unsworn or not affirmed". 121.4 In sections 17(1)(b) and 20E(1)(b), after "sworn" insert "or affirmed". -- 71 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 69 Authorised by the Chief Parliamentary Counsel 121.5 In section 33(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 122 Surveying Act 2004 122.1 In section 4(3)(b) omit "under section 107 of the Evidence (Miscellaneous Provisions) Act 1958". 123 Taxation Administration Act 1997 123.1 In section 49A(3)(a), after "oath" insert "or by affirmation". 123.2 In section 73(4)— (a) after "on oath" insert "or by affirmation"; (b) after "an oath" insert "or affirmation". 123.3 In section 77(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 124 Terrorism (Community Protection) Act 2003 124.1 In section 10(2), after "sworn" insert "or affirmed". 124.2 In section 10(3), for "sworn or unsworn" substitute "sworn or affirmed, or unsworn or not affirmed". 124.3 In section 10(6), after "sworn" insert "or affirmed". 124.4 In sections 13D(5), 13I(3), 13L(3), 13M(3), 21B(4), 21C(3), 21D(5) and 21E(5), after "sworn" insert "or affirmed". 124.5 The notes at the foot of each of sections 13D(5), 13I(3), 13L(3), 13M(3), 21B(4), 21C(3), 21D(5) and 21E(5) are repealed. -- 72 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 70 Authorised by the Chief Parliamentary Counsel 125 Tobacco Act 1987 125.1 In section 36F(2), after "oath" insert "or by affirmation". 126 Transfer of Land Act 1958 126.1 In section 116A(2)(a), after "oath" insert "or by affirmation". 127 Trustee Act 1958 127.1 In section 33(2), after "sworn" insert "or affirmed". 128 Unclaimed Money Act 2008 128.1 In section 69(3)— (a) after "on oath" insert "or by affirmation"; (b) after "an oath" insert "or affirmation". 128.2 In section 71(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". 129 Unlawful Assemblies and Processions Act 1958 129.1 In section 12, after "oath" insert "or affirmation". 129.2 In section 13— (a) after "oath" (where three times occurring) insert "or affirmation"; (b) for "I [A.B.] swear by Almighty God" substitute "I [insert name] [swear by Almighty God/do solemnly and sincerely affirm]". 129.3 In the heading to section 14, after "oath" insert "or affirmation". 129.4 In section 14, after "oath" (where twice occurring) insert "or affirmation". -- 73 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 71 Authorised by the Chief Parliamentary Counsel 129.5 In section 28— (a) after "sworn" (where twice occurring) insert "or affirmed"; (b) after "oath" insert "or affirmation". 129.6 In sections 29 and 42, after "sworn" insert "or affirmed". 130 Valuation of Land Act 1960 130.1 In section 3A(3)(b), (4) and (5), after "oath" (where twice occurring) insert "or affirmation". 131 Veterinary Practice Act 1997 131.1 In sections 4(3)(b) and 8(4)(b), for "declaration under section 107 of the Evidence (Miscellaneous Provisions) Act 1958" substitute "statutory declaration". 131.2 In section 82(2), for "oath, whether oral or by affidavit" substitute "oath or by affirmation or by affidavit". 132 Victorian Civil and Administrative Tribunal Act 1998 132.1 In section 102(3)(b), after "oath" insert "or by affirmation". 132.2 In section 102(4), after "oath" insert "or affirmation". 133 Victoria Police Act 2013 133.1 In section 45(c), after "Oath" insert "or affirmation". 133.2 In the heading to Division 1 of Part 4, after "Oath" insert "or affirmation". 133.3 In the heading to section 50, after "Oath" insert "or affirmation". -- 74 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 72 Authorised by the Chief Parliamentary Counsel 133.4 In section 118(3)— (a) after "on oath" insert "or by affirmation"; (b) after "an oath" (where twice occurring) insert "or affirmation". 133.5 In section 159(2), after "oath or" (where first occurring) insert "by". 133.6 In the heading to section 192, after "Oath" insert "or affirmation". 133.7 In section 193(3)(c), after "Oath" insert "or affirmation". 133.8 In section 267(2), after "oath" insert "or by affirmation". 134 Victorian Energy Efficiency Target Act 2007 134.1 In section 55(2), after "oath" insert "or by affirmation". 135 Victorian Inspectorate Act 2011 135.1 In section 62(3), for "take" substitute "witness". 136 Victorian Renewable Energy Act 2006 136.1 In section 104(2), after "oath" insert "or by affirmation". 137 Water Act 1989 137.1 In section 291E(2), after "oath" insert "or by affirmation". 138 Water Efficiency Labelling and Standards Act 2005 138.1 In section 58(2), after "oath" insert "or by affirmation". 139 Wildlife Act 1975 139.1 In section 59C(2), for "oath, whether oral or by affidavit," substitute "oath or by affirmation or by affidavit". -- 75 of 77 -- Schedule 2—Further consequential amendments Oaths and Affirmations Act 2018 No. 6 of 2018 73 Authorised by the Chief Parliamentary Counsel 140 Workplace Injury Rehabilitation and Compensation Act 2013 140.1 In section 552(3)— (a) for "oath, and" substitute "oath or by affirmation,"; (b) after "an oath" insert "or affirmation". 140.2 In section 558(1), after "or by" insert "affirmation or". 140.3 In section 608(2), after "sworn" insert "or affirmed". ═══════════════ -- 76 of 77 -- Endnotes Oaths and Affirmations Act 2018 No. 6 of 2018 74 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 7 June 2017 Legislative Council: 21 September 2017 The long title for the Bill for this Act was "A Bill for an Act to re-enact and modernise the law relating to oaths, affirmations, affidavits and statutory declarations, to establish a scheme for the certification of copies of documents, to repeal Divisions 1 to 11 of Part IV and Part V and repeal or amend other provisions of the Evidence (Miscellaneous Provisions) Act 1958, to make consequential amendments to the Evidence Act 2008, the Constitution Act 1975, the Interpretation of Legislation Act 1984 and other Acts and for other purposes." -- 77 of 77 --