OATHS ACT 1960

[Consolidated as at 7 April 2000

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

TABLE OF PROVISIONS

PART 1  —  PRELIMINARY

         1.      Short title

                  . . . .

         3.      Interpretation

PART 2  —  PROMISSORY OATHS AND AFFIRMATIONS

         4.      Form of oath of allegiance

         5.      Affirmation in lieu of oath

         6.      Prohibition on use of oath of allegiance

         7.      Oath of office

         8.      Consequences of failure to take prescribed oath, etc

         9.      Oath of allegiance or office may be taken before Justice

PART 3  —  AFFIDAVITS

       10.      Swearing of affidavits in the Territory

PART 4  —  FORMS OF OATHS

       11.      Usual manner of administering oath

       12.      Interpreter’s oath

       13.      Other manner of administering oaths

       14.      Declaration or affirmation instead of oath in legal proceedings  

PART 5  —  MISCELLANEOUS

       15.      Persons authorised to administer oath may take affirmation in lieu of oath

       16.      Administering oaths, etc, without authority

       17.      Absence of religious belief not to affect oath

       18.      Taking of oaths and affidavits out of the Territory

                        Schedule 1

                        Schedule 2

                        Schedule 3

                        Schedule 4

                        Schedule 5

                        Schedule 6

                        Schedule 7

Oaths Act 1960

An Act to provide for the Manner of Taking, and the Form of, certain Oaths and Affirmations, and for other purposes

part 1  —  Preliminary

Short title

      1.         This Act may be cited as the Oaths Act 1960.

. . . .

Interpretation

      3.         (1)        In this Act, unless the contrary intention appears —

“Australian Consular Officer” and “Australian Diplomatic Officer” have, respectively, the same meanings as those expressions have in the Consular Fees Act 1955 of the Commonwealth;

“Court” includes the Judge of the Supreme Court, a Magistrate holding office under the Court of Petty Sessions Act 1960, a board of inquiry or other tribunal and an arbitrator or other person having authority by law or consent of parties to take evidence on oath;

“instrument” means instrument or document in writing;

“judicial proceedings” means proceedings in or before a Court;

“Justice of the Peace” means a Justice of the Peace for the Territory;

“the Territory” means Norfolk Island.

                  (2)        In this Act, a reference to a Schedule is a reference to a Schedule to this Act.

part 2  —   promissory oaths and affirmations

Form of oath of allegiance

      4.         The oath of allegiance to be taken by a person liable to take that oath shall, except where otherwise provided by another law in force in the Territory, be in accordance with the form of oath in Schedule 1.

Affirmation in lieu of oath

      5.         A person may, instead of taking the oath of allegiance, make an affirmation of allegiance in accordance with the form of affirmation in Schedule 1.

Prohibition on use of oath of allegiance

      6.         Except as expressly required by a law in force in the Territory, a person shall not be required or authorised to take the oath of allegiance or an oath substituted for that oath or to make an affirmation or declaration to the same effect as that oath.

Oath of office

      7.         Where, by a law in force in the Territory, a person is required to take an oath or make an affirmation of office, and the form of oath or affirmation is not prescribed by or under that law, the oath or affirmation shall be taken or made in accordance with the appropriate form in Schedule 2.

Consequences of failure to take prescribed oath, etc

      8.         (1)        If a person declines or neglects to take an oath or make an affirmation required to be taken or made by him by or under a law in force in the Territory, he shall, if he has already entered on the office in relation to which the oath or affirmation is required to be taken or made, vacate that office and, if he has not entered on that office, he is disqualified from entering on it.

                  (2)        A person shall not, in respect of the same appointment to the same office, be required to take an oath or make an affirmation more than once.

Oath of allegiance or office may be taken before Justice

      9.         An oath or affirmation of allegiance or office may, unless the contrary intention appears in the law by which the oath or affirmation is required to be taken or made, be taken or made before a Justice of the Peace.

part 3  —  affidavits

Swearing of affidavits in the Territory

      10.       An affidavit required for the purpose of a proceeding or matter in or before a Court may be sworn in any place in the Territory before a Justice of the Peace without the issue of a commission for taking affidavits.

part 4  —  forms of oaths

Usual manner of administering oath

      11.       (1)        Subject to this Act, an oath, whether in judicial proceedings or otherwise, shall be administered and taken in the manner and form provided by this section.

                  (2)        The person taking the oath shall, standing up, hold a copy of the Bible, or of the New Testament or the Old Testament, in his hand and, after an oath in accordance with the form in Schedule 3 has been tendered by the officer administering it, shall utter the words “So help me God!”.

                  (3)        An oath is not illegal or invalid by reason only of a breach of this section.

Interpreter’s oath

      12.       The oath to be administered to an interpreter in judicial proceedings shall be in accordance with the form in Schedule 4.

Other manner of administering oaths

      13.       An oath may, at the request of a person, be administered to, and taken by, that person in a form and manner other than a form and manner prescribed by this Act if —

(a)        that person states that an oath so taken is binding on his conscience; and

(b)        it is practicable to administer it in the form and manner requested at the time and place when and where it is required or desired to be taken.

Declaration or affirmation instead of oath in legal proceedings

      14.       (1)        Where a person —

(a)        called or appearing as a witness or as an interpreter in any judicial proceedings;

(b)        having to make a statement on oath in an information, plaint or proceeding in or before a Court or before any person; or

(c)        required or desiring to make an affidavit or deposition,

objects to take an oath, is reasonably objected to as, or appears to the Court or person to be, incompetent to take an oath or desires or is required to take an oath in a form and manner required by his religion to make it binding on his conscience, but which it is impracticable to administer to him in that form and manner at the time and place when and where the oath is required or desired to be taken, he may, instead of taking an oath —

(d)       in the case of a person called or appearing as a witness - make a declaration in accordance with the form in Schedule 5;

(e)        in the case of a person called or appearing as an interpreter - make a declaration in accordance with the form in Schedule 6; or

(f)        in any other case - make an affirmation in accordance with the form in Schedule 7.

                  (2)        A person who, having made such a declaration or affirmation, wilfully gives false evidence before the Court or person or makes a false statement in the information, plaint, proceeding, affidavit or deposition knowing it to be false shall, if he would have been guilty of perjury or any other offence had the evidence or statement been made or given on oath, be deemed to be guilty of perjury or that other offence, as the case may be.

part 5  —  MISCELLANEOUS

Persons authorised to administer oath may take affirmation in lieu of oath

      15.       A person authorised to administer an oath is authorised to take an affirmation or declaration in circumstances in which the person desiring to make the affirmation or declaration is entitled to make an affirmation or declaration instead of taking an oath.

Administering oaths, etc, without authority

      16.       A person shall not wilfully administer an oath or take an affidavit, declaration or affirmation unless he is lawfully authorised to do so.

Penalty:           20 penalty units or imprisonment for one year.

Absence of religious belief not to affect oath

      17.       Where an oath has been administered and taken in accordance with this Act or another law in force in the Territory, the fact that the person taking it did not have at the time any religious belief does not affect the legality or validity of the oath.

Taking of oaths and affidavits out of the Territory

      18.       (1)        An oath or affidavit required for the purpose of a Court or matter in the Territory may be taken or made, in a place out of the Territory, before —

(a)        an Australian Diplomatic Officer or an Australian Consular Officer exercising his function in that place;

(b)        a British diplomatic or consular officer exercising his function in that place;

(c)        a person having authority to administer an oath in that place; or

(d)       a notary public.

                  (2)        Judicial and official notice may be taken —

(a)        of the signature or seal of such an officer or notary, or of a person having authority to administer an oath if that last-mentioned person purports to have that authority by the law of a place within the Queen’s dominions; and

(b)        of the fact that a particular place is within the Queen’s dominions.

                  (3)        In the case of a person purporting to have authority to administer an oath by the law of a place not being within the Queen’s dominions, the authority may be verified by a person mentioned in paragraph 18(1)(a), 18(1)(b) or 18(1)(c), or by the certificate of the superior court of that place, and, if the authority purports to be so verified, the oath or affidavit may be admitted or received in evidence without further proof of the signature or seal, or of the judicial, official or other character of that firstmentioned person.

SCHEDULES

                                                                   SCHEDULE 1                                            Sections 4, 5

OATH OF ALLEGIANCE

I,                                                                 , do swear that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth the Second, Her Heirs and Successors according to law.

                                                              SO HELP ME GOD!

AFFIRMATION OF ALLEGIANCE

I,                                                                 , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth the Second, Her Heirs and Successors according to law.

                                                                   SCHEDULE 2                                                  Section 7

OATH OF OFFICE

I,                                                                 , do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, in the office of                                                                                                 .

                                                              SO HELP ME GOD!

AFFIRMATION OF OFFICE

I,                                                                 , do solemnly and sincerely promise and declare that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, in the office of              .

                                                                   SCHEDULE 3                                               Section 11

            FORM OF OATH IN JUDICIAL OR OTHER PROCEEDINGS

The evidence you shall give touching the matters now before the Court (or as the case may be) shall be the truth, the whole truth and nothing but the truth.  So Help You God!

                                                                   SCHEDULE 4                                               Section 12

INTERPRETER’S OATH

You shall truthfully and faithfully interpret the evidence about to be given and all other matters touching the proceeding now before the Court and the

                                                language into the English language and the English language into the                     language according to the best of your skill and ability.  So Help You God!

                                                                   SCHEDULE 5                                               Section 14

DECLARATION

I solemnly declare that the evidence I shall give touching the matters now before the Court (or as the case may be) shall be the truth, the whole truth and nothing but the truth.

                                                  SCHEDULE 6                                    Section 14

INTERPRETER’S DECLARATION

I solemnly declare that I will truthfully and faithfully interpret the evidence about to be given and all other matters touching the proceeding now before the Court and the language into the English language and the English language into the                               language according to the best of my skill and ability.

                                                  SCHEDULE 7                                    Section 14

AFFIRMATION

I,                                                     , do solemnly and sincerely affirm and declare, that, etc.

NOTES

The Oaths Act 1960 as shown in this consolidation comprises Act No. 11 of 1960 and amendments as indicated in the Tables below.

Table of Amendments

© Norfolk Island Government 2002

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Draftsperson, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.