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Oaths Act 1867 – 8 November 2012

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An affirmation may be taken instead of an oath (which usually requires a person to physically hold the Bible, New Testament or Old Testament). The words to be used to administer an affirmation are as follows: ‘I [full name] do solemnly sincerely and truly affirm and declare’…as opposed to ‘sincerely promise and swear’ used to administer an oath. Note: special affirmations exist for Quakers, Moravians and Separatists.

  • Sections 5, 17, 18, 19, 33, 37

A statutory declaration (for Queensland law) may be taken by a justice (including justice of the peace), commissioner for declarations, notary public, lawyer, or a conveyancer or another person authorised to administer an oath. The form of the declaration is to be as follows: ‘I [full name] do solemnly and sincerely declare that [let the person declare the facts] and I make this declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1867.’.

  • Section 13

An affidavit (for Queensland law) may be taken by a justice (including justice of the peace), commissioner for declarations, notary public, lawyer, or a conveyancer or another person authorised to administer an oath.

  • Section 41
Reason for law

N/A

Relevant links

Forms – General [Queensland Courts]

Critique

The phrases ‘Her Majesty’ and ‘Sovereign Lady the Queen’ may be replaced with a modern alternative wherever they appear in this Act.

Section 2 contains the phrase ‘writ of dedimus potestatem’. This phrase would not be commonly understood by members of the public.

Sections 17 and 19 contain the word ‘videlicet’. This word would not be commonly understood by members of the public.

Sections 24, 27 and 28 contain the phrase ‘voire dire’. This phrase would not be commonly understood by members of the public.

Sections 30, 38 and 40 contain the phrase ‘mutatis mutandis’. This phrase would not be commonly understood by members of the public.

Section 35 contains the word ‘thereat’. This word would not be commonly understood by members of the public.

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