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©State of Queensland

QUEENSLAND

THE

OATHS ACTS,

1867 TO 1960

with

AN INDEX

(Compiled to 1 August, 1969)

Prepared by direction of

The Honourable P.R. DELAMOTHE, O.B.E., M.B., B.S., M.L.A., Minister for Justice and Attorney-General.

By Authority: S. G. REID, Government Printer, Brisbane-1%9

TABLE OF CONTENTS

OATHS AcTs, 1867 TO 1960

OATHS AcT AMENDMENT AcT OF 1876

OATHS ACT AMENDMENT ACT OF 1884

OATHS AcT AMENDMENT AcT OF 1891

INDEX

PAGE

1 9 10 11 12

THE

OATHS ACTS, 1867 to 1960

Oaths Act of 1867, 31 Vic. No. 12 Amended by Criminal Code Act, 1899, 63 Vic. No.9

Acts Shortening Act Amendment Act of 1903, 3 Edw. 7 No. 10 Statute Law Revision Act of 1908, 8 Edw. 7 No. 18

Oaths Act Amendment Act of 1924, 15 Geo. 5 No. 7 Oaths Acts Amendment Act of 1959, 8 Eliz. 2 No. 5 Oaths Acts Amendment Act of 1960, 9 Eliz. 2 No. 16

An Act to Consolidate and Amend .the Laws relating to Oaths [Assented to 28 December 1867]

Collective title conferred by Act of 1960, 9 Eliz. 2 No. 16, s. 1.

References .to "Pring's Statutes" and to Colonial Acts were omitted from .the sectional notes throughout this Act by the Acts Citation Act of 1903, s. 10.

[Preamble repealed by Statute Law Revision Act of 1908, s. 2]

OATHS OF OFFICE AND ALLEGIANCE

1. Oath substituted for the oaths and declaration now prescribed by law.

Compare 21 & 22 Vic. c. 48, s. 1. In every case where but for the passing of this Act it would be necessary for any person to .take the oaths commonly called the oaths of allegiance supremacy and abjuration or any of them or the oath prescribed by the Act of Parliament commonly called the Roman Catholic Relief Act or to make the declaration prescribed by the Act of Parliament passed in the ninth year of the reign of King George the Fourth chapter seventeen and whensoever it shall be necessary for any person to take the oath of allegiance it shall be sufficient for such person to take in lieu of the said several oaths and declaration the following oath of allegiance

"I A.B. do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria as lawful Sovereign of the United Kingdom of Great Britain and Ireland and of this Colony of Queensland belonging to and dependent on the said United Kingdom So help me God"-

anything in the said Acts of Parliament or in any other statute Act or law notwithstanding.

2. Before whom the oath may be taken. Where by any law now in force in this colony the said several oaths or any of them may be taken before the Supreme Court or before a judge or are required to be ·taken in open court the oath prescribed by this Act may be taken and subscribed at any hour before the said court or any judge thereof or before any circuit court or district court or court of quarter sessions or before any justice of the peace authorised by writ of dedimus potestatem for that purpose.

2 ss. 3-7 OATHS ACfS, 1867 TO 1960

3. Judges' and justices' oaths of office. The oath of office to be hereafter taken by judges and justices of the peace respectively shall (in lieu of the oath in that behalf heretofore taken by them respectively) be the oath following-

"! A.B. do sincerely promise and swear that as a judge of the Supreme Court of Queensland [or as the case may be or as a justice of the peace for the Colony of Queensland or the. city: or district of in the Colony of Queensland]. I will at all tiifi~s !lnd in all things do equal justice to the poor and r1th lljid dischatg¢ the duties of my .offl,ce according to the laws and statutes of the realm arid of this coloriy to the best bf my knowledge and ability without fear favour or affection."

District Court Judges and members of ~he Industrial Court and the Land Court appointed after the. pa~sirig of "The Oaths Acts Amendment Act of 1959" shall take the oath of allegiance and also the oath of office hereinbefore mentioned with the necessary adaptations;

As ainen.ded by Ad of 1959; 8 Eliz. 2 No. 5, S; 2.

Act referred to:

Oaths Acts Amertdiiierl.t ACt bf 1959.

4. Name of the Sovereign. Compare 21 & 22 Vic. c. 48, s. 2! In case of the demise of Her Majesty (whom may God long preserve) the name of Her Majesty's successor for the .time being shall be substituted in the form of oath instead of the name of Her Majesty.

5. Affirlnation fu

lieu of

oath. E'very person who now is or shall hereafter

be

by la:w entitled to l11ake. affirmation in lieu of an oath may make affirmation in the fdnii hereinbefore prescribed with the words "solemnly and sincerely promise and affii:m" substituted for the words "sincerely promise and. swear."

DECLARATIONS SUBStJ:nJrE.D FOR CERTAIN OFFICIAL OATHS

6. rl~ciaratioiiS subStituted. fot oaths and affirmations. 5 & 6

w.

⁴

c.

62

s. 2. Iri ariy case whereby any statutelaw ot ordinance made or to be made relating to

arty .

of the public revenue of the colony ot any of the public offices··. or public depart~ertts or by any official re~lation in ~Y

3epartriierit

any

oath Scileinh . affitrnation or affidavit might . but. fot the passirig of this Act be tequir6d to be taken ot made by any person on the doing of any act IiJ.attet ~r thiijg or forthe purpose of verifying any book entry or rettini or for any otl:ler purpose whatsoever it shall be laWful for the Governor in Council of the said colony ifhe shall so thihk fit to substitute

a

declaration to the sarne effect as the oath solemn affirmation or affidavit which might. but for the passing of this Act be required

tb

be taken or. i:i;uide and the pers<;Hi who. might under the Act or Acts imposing the .sanie .be req~ired to. take or make such oath solemn affirmation or affidavit shall in the presence of th¢ offi,cer or person empowered by such Act or Acts to administer such oath solemn affirmation or affidavit make and subscribe s:uch declaration and every. such. officer or person is hereby empowered and required to administer the same accordingly.

7. Act

not

th

eitend

to

oath

bf allegmoce~

.

5 & 6 W. 4

c.

62

s.

6.

Provided always that .. rtorltirig

:!rl

_the .. section last preceding contained shall extend or apply,

to

the oath of allegianc.e)!l any case in which the Sanie hoW is

ot

may be teqtiired to he takeri by any person who niay be appointed.

to· anY

office . b.ut .. such qath .. of allegiance .. shall continue to be required arid"shal~be administered and taken as well and iii the same manner as if this Act had not been passed.

3

8. Nqr to 9l:l~ ~judi~

proceeJfing.

5 ~ (j W~

4

~· ~2 ~· 7~ frpvig~!i.

also thqt p,othip.g in th~ s~id la~t:-rn~Pttqp.~d ~~~tion coJ1taine!i. sh~U ~~teiJ,g

or ~ppl~ to ~PY

oa,tp

~i:>l~mn · ~ffimwtiq~ or .~:ffl~a.vit 1Vhi9h now i~

9i

hereafter may be made or taken or be reqmred to be made or taken in any judicial proceeding in any court of justice or in any proceef:liJ1g for or by way of summary conviction befpre ?nY jpstice pf ju~tjc;~s pf the peace but all such oaths affirmations and affidavits shall continue to be required and to be administered taken and rnade as well and in the same manner ~s if this Act had not been p~ssed.

9. Such substitution to be notified in Gazette. 5 & 6 W. 4 c. 62 s. 3.

When ·the Governc)r ip Coup.cil shall in any such case as aforesaid have substituted a deClaration in lieu of an oath· solemn affirmation or affidavit the same shall be ·notified fu the Ga~tte and from and after the e~piration of twenty-one days next follmytng ·the qay of the date of the ^G~zette wherein such notification shall have beep first puplis.lled the provisions of this Act shall extend and apply to each and every case · office or department specified in such notification.

10. Oaths or affirmations not to be made or taken thereafter. 5 & 6 W. 4 c. 62 ~· 4. After the expiratiop. qf the said twenty-one pa,ys it shall not be lawful for any ^of!ic~r or qther persq:p. tq ad1llinister or ^Cl}US~

tP Pe

administered or receive or capse to be received anY oath solemn a:ffj.rmatiqll or affidavit in lieu of which such declaration as aforesaid shall have been directed by the said Goverp.or ip. Council to be :;;qbstituted.

11;~

12.

(R~pealep.)

Rype!iled

p:y

Cri111inal Code .t\ct, 1899, ~· 3,

ST4TP'TQRY D:J:~CLA.RATIO:l'f

13. Persons entitled to take declarations. 5 & 6 W. 4 c. 62 s. 18. It shall and may be lawful for any justice of ·the peace notary public or other officer now by law authorised to administer an oath or any barrister, solicitor or conveyancer of the Supreme Court to take and receive the declaration of any person voluntarily making the same before him. ·

Heading as amended by Statute Law Revision Act of 1908, s. 5.

Section as amended by Criminal Code Act, 189.9, S· 3; Act of 196Q, 9 Eliz. 2 N(). ~6, ~· 2. .

FORM OF DEqARATION~

14. Form of declaration. 5 & 6 W. 4 ~~ 62 s. 18 and SchedPie. In all cases where a declaration in lieu of an oath shall have been substituted by this Act or by virtue of any po}Ve;r pr a,uthority hereby given or where a ciech1ratipn !s di~ected or a,.1Jt11orise!J to be waA~

ll114

~ub~crib~d. tmd~r the au~homy qf th1~ Act or pf a,:p.y po~er h~re~y g1ve~ ~ltpopgl1 t4e saw.e be not sp})stitqteg i~ lieu of an oa,th ~yretof()re legally tak~n sp~h

declaration unless otherwise directed b,y. the powers hereby given shall be

in the

folF?)Viii~ form.:..:... ·· · · · · · · · · · · · · " · · · " · · · · · · · ·

"I A.~. <l~ ~1*111JllY all4 ~infer~I:y 4~!-;lflt~ th~t [l~t.Qitp flec;(<m: r~~ fapto\'~

and ~ make this solem11 declaration conscientiously believmg the same to be tr11e .and ~Y yirtue of the provisions of the ~Oatf,ls Act of 1867.' ~·

FEES PAYABLE THEREON

15. ~ees paya~l~~ 5 & 6 ~~

4

^{c. 6~ s.}

W·

^{WlJem~ver aqy ~e~J~raH~}

sha,.ll }?e pl.~de and supscnbed by any P,yrspn ·Of pe:rsops ·under or l~

pursua,.nce

9f

the prqvis~ons

of

this Act pr an~ of the:qt a,.ll ~nq ev~rr

ss.16·19 OATHS ACTS, 1867 TO 1960

such fees or fee as would have been due and payable on the taking or making any legal oath solemn affirmation or affidavit shall be in like manner due and payable upon making and subscribing such declaration.

16. (Repealed.)

Repealed by Criminal Code Act, 1899, s. 3.

SOLEMN AFFIRMATION

17. Affirmation instead of oath in certain cases. 17 & 18 Vic. c. 125 s. 20.

If any person called as a witness or required or desired to make an oath affidavit or deposition shall refuse or be unwilling from alleged conscientious motives to be sworn it shall be lawful for the court or judge or other presiding officer or person qualified to administer oaths or to take affidavits or depositions upon being satisfied of the sincerity of such objection to permit such person instead of being sworn to make his or her solemn affirmation in the words following videlicet-

"! A.B. do solemnly sincerely and truly affirm and declare that the taking of any oath is according to my religious belief unlawful and I do also solemnly sincerely and truly affirm and declare &c."-

which solemn affirmation shall be of the same force and effect as if such person had taken an oath in the usual form and the like provisions shall

apply also to every person required to be sworn as a juror.

QUAKERS AND MORA VIANS

18. Quakers and Moravians permitted to make a solemn affirmation or declaration instead of oath. 3 & 4 Wm. 4 c. 49 s. 1. Every person being or having been of the persuasion of the people called Quakers and every person being or having been a Moravian shall be permitted to make his or her solemn affirmation or declaration instead of taking an oath in all places and for all purposes whatsoever where an oath is or shall be required either by the common law or by an Act of Parliament already made or hereafter to be made which said affirmation or declaration shall be of the same force and effect as if he or she had taken an oath in the usual form.

Form of declaration. Provided always that every such affirmation or declaration shall be in the words following that is to say-

"1 A.B. being [or having been as the case may be] one of the people called Quakers [or one of the persuasion of the people called Quakers or of the united brethren called Morav·ians as the case may be] do solemnly sincerely and truly affirm and declare."

As amended by Criminal Code Act, 1899, s. 3.

SEPARATISTS

19. Separatists instead of an oath may make the following affirmation.

3 & 4 Wm. 4 c. 82. Every person for the time being belonging to the sect called Separatists who shall be required upon any lawful occasion to take an oath in any case where by law an oath is or may be required shall instead of the usual form be permitted to make his or her solemn affirmation or declaration in these words following videlicet-

"! A.B.· do in the presence of Almighty God solemnly sincerely and truly affirm and declare that I am a member of the religious sect called Separatists and that the taking of any oath is contrary to my religious belief as well as essentially opposed to the tenets of that sect and I do also in the same solemn manner affirm and declare"-

Such affirmation shall have

the

effect of an oath. which said solemn affirmation or declaration shall be adjudged and taken and is hereby enacted and declared to be of the same force and effect to all intents and

OA1!HS ACTS, 1867 TO 1960 ss.20-26 5

purposes. in all courts of justice and other places whatsoever where by law an oath 1s or may be required as if such Separatists had taken an oath in the usual form.

20. (Repealed.)

Repealed by Criminal Code Act, 1899, s. 3.

OATHS OF JURORS

21. Swearing of jurors in civil causes. Jurors may be sworn in civil causes in open court in the following form or to the like effect-

"You shall well and truly try the issues joined between the parties [or assess the damages herein] and a true verdict give according to the evidence So help you God."

22. Swearing of jurors in criminal trials. In felony or misdemeanor.

Jurors may be sworn in criminal trials in open court in ·the following form or to the like effect-

"You shall well and truly try and true deliverance make between our Sovereign Lady the Queen and the prisoner [or prisoners or defendant] at the bar [or the defendant] whom you shall have in charge and a true verdict give according to the evidence So help you God."

In misdemeanor. or in misdemeanor the jurors may be sworn as follows or to the like effect-

"You shall well and truly try the issue [or issues] joined between Our Sovereign Lady the Queen and the defendant and a true verdict give according to the evidence So help you God."

OATHS OF WITNESSES

23. Witnesses' oath in civil causes. Witnesses may be sworn in civil causes in open court in the following form or to the like effect-

"The evidence which you shall give to the court and jury sworn touching the matters in question between the parties shall be ;the truth the whole truth and nothing but the truth So help you God."

OATH TO MAKE TRUE ANSWER

24. Voire dire. Any person may be sworn on the voire dire in the following form or to the like effect-

"Y ou shall true answer make to all such questions as the court shall demand of you So help you God."

25. Witnesses' oath on criminal trials. Witnesses may be sworn on criminal trials in open court in the following form or to the like effect-

"The evidence which you shall give to the court and jury sworn between our Sovereign Lady the Queen and the prisoner [or prisoners or defendant] at the bar [or the defendant] shall be the truth the whole truth and nothing but the truth So help you God."

OATHS OF INTERPRETERS IN CIVIL CAUSES

26. Interpreters' oath in civil causes. Interpreters may be sworn in civil causes in open court in the following form or to the like effect-

"You swear that you understand the language of the witness [or plaintiff or defendant] and are able to interpret between him and the court and jury and all persons conversant with the English language So help you God."

"You shall well and truly interpret and true explanation make between the witness [or plaintiff or defendant] and the court .and jury and all persons conversant with the English language to the best o~ your knowledge skill and ability and the evidence you shall give to the court and jury sworn touching the matters in question shall be the truth the whole truth and nothing but the truth So help you God."

~7. lllt~rprefe~§! ~t--

m

^{civj! ca~ o~}

the

:r~~~ ~e~ J.nterpret~r~ · pt~y

!:?~ .~w9r9 jn

civiJ

~a11se~ jp. ppep. co~m ~P jnterprpt pn ¢§ vqir~ d!-fe, ilt tJ:H~

following form or to the like effect-

"You swear that you understand the language of the witness [or plaintiff or defendant] and are able to interpret betw~;en him anp

the

court and all persons conversa11t with tlJ,e Epgli~J:!. Iamma~e So he~p, Y9H God."

"You shall well and truly interpret and true explanation make between the witness [or plaintiff or defenqant] an~I the court and all persons conversant with the English language to the best of your knowledge skill and ability lj,nd YOlJ. &hall trp.e apswer m!lke to an ~uc~ qqe~tiOQf! M tl1e cour~ ~q~l! 4emand of you So pelp yo~-J Qqd." · · · · · · · · · ·

l!'fTJ:i:RPRETERs' OATHS fOR THE PURPOSE OF ARRAIGNMENT

28. Interpreter~ oath for the arraignment. To interpret betwee:g prisoner and others. Interpreters may be sworn in open court for the purpose of conducting the arraignment of any person accij.sed

iiJ.

the foll<>Willg font!

or to the like effect_;_

"You swear that you understand the language of the prj$pner at the par anlj. Me able to interpret 1:1etween hiW. aJ:!.4 the !!our~ So help you God."

•ry

Ol). ~lutH well and tr\lly interpret anq true explanatio~ ptake )Jetween the pnsoner at the bar and the court to the best of your kn<~wledge skill and ability and you shall true answer makc:~ to all ~JJch question!) as ~he court shall demand of you So help yo!l God."

And whenever on the trial of such person it may be necessl').ry to examine a witness w4o doe~ not speak the English language on the voire dire the

interpreter'~ oatp may be ill the form given in tqe section next preceding the present section or to the like effect retaining tb,e wp:rd "witness"

throughout. · · · ·

OATHS OF INTERPRETERS IN CRIMINAL CASES

29. Interpreters ptay be sworn for the purposes of a criminal trial in open court in the following form or to the like effect_:_

pOR!lJG]" ,PRISONER

"You sweat" that YO\l understand the lat;~guage .of the pri~oner [or prisoners or defendant] at the bar [or the defendant] and are able to interpret between him [or them] and the court and jury and between him [or them]

and all persons conversant with the English language So help you God."

''yoq shall well a.n4 trqly interPret and true expl~~atio11 m~k~ between the prisoner [or prisoners or defendant] ;;t~ the 1:1ar [or the ·defendant] 11n4 the court and j~ry and between him [or them] and all persons conversant with the English language to the best of your knowledg~ sj(ill and ability and the evidence which you shall give to the cpurt l!-Qd jury ~wprn 1Jetween

<>ur SQver~~gp Lady the Quee11 ~nd tqe prisoner ~or ppsoners] at the bar .sb.all be the truth the whole truth and nothing but the truth So help yoq

God.1~ · ·· · ·

TP

ii).teiJ>ret ])epy~~~ ~ witQe~ alld others.

FORf\IGN WITNESS

"You swear that you ~~d~~stand thelangq11ge <>f the ;witJ!.~s~ 11nd are able to interpret between him and the court and jury ·and the prisoner and all persons COQversal)J witb. tQ.e EI).glis4 lang~age/1

"You .~hall well 11np 1TlJ.JY ~nterpret an4 true ~xplanation make between the )Viti).~SS tb.~ CO).Jrt !ind. jury and ~he pri,soner and all persons conversant with the . English language atid tb.e evidence which ¥.0!.1 sb.~IJ gjye tp Jh~

court lind jpry .~worn be~eei). ppr Sovereigi). La<j.y t/le Qlie,en and the p;ris()P,er lit ~b,e !:>.a.r ,shllll be t4e ~filth the; wl).P,~~ tmtlJ. lln4 ~qtq~ng but the tl,1lth ~() b.elp ypp. 0<>9)¹ · · · .

Provided that w~ep. ili~ wit1J.~s.~ ap(} ~p.e pr~soQ~r ar~ for~igne,H of different

1~v.guage$ and the interpreter is Qp.able

to

in,terpret tp t)J.~ p):ispper the

ref~reric;e tp the prisoper sh~l pe omitted apd an additional interpreter .S.W()r;tl tp interpret Uje EI}glisb, interpretation of ~he fir~t . interpreter to the prisoner~ · · · · · · · ·. · ... ·. · ··· · · · · · · ·· · · .. · ·· · · · · ·

P~T~S A<(T~. 1867 T() l960 7

· 30. Where witness · and pfisqQe'r 1ll'e pf different languages. First

~terPJ:~~~r's O!t!h~. When on

WJ.y

~riJninal trial

a

witnes~ ~114 ~h~ . pri~oner l!J"P fgreigl1~f~ ()f d~fferent l~guag~~ • ~d a foreizy interpreter · can be f$?)ll}(i ¢priyer~an~ with th~ lan~uag~s of tile prisoner and tlie ~itlles~ and

{l.pl~

to

interpret betwee!l therq and

a:

secphd interpreter ~aq pe fo)lnd

~qpy~rsa11t wi~h ·til~ Eqglish ::111d with any language ·with ~hich thf) fir~t

!Qt~rpr~t~r is ~o11yer~an-t ft.!lCl abl~ to interpret fro)ll tile ~f!Stnamed Ia11gu~ge into ~pgli~h the first interpreter may be sworn thrm1gq rile seconci

~m¢rpnlt~r ~Il gpell court in tbe following form or to the li!ce effect-

"You ~~~e!\! th~t yo11 u:p.d~rst!!nd the s~eral langul).ges of t)l~ wjtne~s l!-114

t~e pri~<met 11nd, af'e abl~ tR interpret be~ween them So he~p yoU: God."

"~ o~ f!4al~ well

ptg

^Q:uly interp:r~t llll4 tr11e e:l(:pl;anatiqR-' Jl.lflk~ be!ween the witness and ·the prisoner· at the bar and the prisoner at the bar and the witness l!lld between them and each of them and the court and jury and all interpreters witness~s l).nd perso:p.f! wl:Iatsqever to the best of your knowledge .skill l!lld ability and the eyilJence you shall give to the court arid. jurf sworn between our Sovereign Lady the Queen 'ahd the . prisoner

at

the' bar shall be the truth tlie whole truth and nothing but the truth So

help you God." ' ·

And whatever be the number of interpreters necessary before the state- ments of the prisoner and the witness can be interpreted into one and the same language and into English the same forms of oath shall be administered mutatis mutandis to each interpreter in the succession and the like provision shall apply in civil causes as far as may be.

OATH OF BAILIFF IN CHARGE OF JURY

31. Oath of bailiff in charge of jury. Bailiffs may be sworn to take charge of juries in the following form or to the like effect-

"You swear that you will keep this jury in some safe and convenient place without meat drink or fire candle-light excepted You shall allow no one to speak to them neither shall you speak to them yourself without leave of the court except it be to ask if they have agreed upon their verdict So help you God."

GENERAL PROVISION

32. General proviSIOn.. Nothing herein contained shall invalidate any oath sworn or taken in a sufficient and lawful form and any oath of allegiance or office sworn before a judge of the Supreme Court may be certified or recorded by the associate or judge's clerk.

33. Special provision as to oaths. Any person taking any oath on the Bible or the New Testament or ·the Old Testament, for any purpose whatsoever, whether in judicial proceedings or otherwise, shall, if physically capable of doing so, hold a copy of a Bible or Testament in his hand, but it shall not be necessary for him to kis~, such copy by way of assent.

The officer administering the oath may repeat the appropriate form of adjuration, and the person taking the oath shall thereupon, while holding in his hand a copy of the Bible or Testament, indicate his assent to the oath so administered by uttering the words "So help me, God"; or the person taking the oath may, while holding in his hand a copy of the Bible or Testament, repeat the words of the oath as prescribed or allowed by law.

Original s. 33 repealed by Criminal Code Act of 1899, s. 3; present section inserted by Act of 1924, 15 Geo. 5 No. 7, s. 2.

8 ss. 34,35 OATHS ACTS, 1867 TO 1960

POWERS OF THE COURT

34. General rules may be made by the judges. 15 & 16 Vic. c. 76 s. 223.

It shall be lawful for the judges of the Supreme Court or a majority of them of whom the Chief Justice shall be one from time to time to make all such general rules and orders for the effectual execution of ·this Act and of the intention and object hereof and for fixing the costs to be allowed for and in respect of the matters herein contained and the performance thereof and to prescribe forms for the doing of anything by this Act prescribed or authorised to be done Provided that nothing herein contained shall be construed to restrain the authority or limit the jurisdiction of the said cour·t or the judges thereof

to ·

make rules or orders or otherwise to regulate and dispose of the business therein.

COMMENCEMENT AND SHORT TITLE

35. Commencement of Act. Short title. This Act shall commence on the thirty-first day of December one thousand eight hundred and sixty- seven and may be referred to as the "Oaths Act of 1867."

THE

OATHS ACT AMENDMENT ACT of 1876 40 Vic. No. 10

Amended by

Oaths Act Amendment Act of 1884, 48 Vic. No. 19 Statute Law Revision Act of 1908, 8 Edw. 7 No. 18

An Act to Amend the Laws relating to the Administration of Oaths in Courts of Justice

9

[Assented to 14 November 1876]

[Preamble repealed by Statute Law Revision Act of 1908, s. 2]

1., 2. (Repealed.)

Repealed by Oaths Act Amendment Act of 1884, s. 1.

3. Mode of binding intel'pl'eters to interpreting in certain cases. If in any

crimin~J proceeding in any court of justice it shall be necessary to call an interpreter whether for the purpose of the arraignment of any person accused or for the interpretation of the evidence of witnesses and it shall appear to the presiding judge that the person called as interpreter under- stands ·the language of the accused or other person between whom and the court he is called to interpret sufficiently to be able to make true explana- tion of the evidence and other proceedings but that such interpreter cannot for any cause be sworn in the form and manner prescribed by "The Oaths Act of 1867" in that behalf it shall be the duty of the presiding judge to declare in what manner such interpreter shall be sworn or otherwise bound to make true declaration.

And it shall in such case be the further duty of the presiding judge to ascertain that true explanation of the evidence and all other proceedings is made to the accused person.

And if ·the presiding judge shall be satisfied that such true explanation is so made the trial and any verdict given thereat shall be as valid as if the interpreter had been sworn in the ordinary manner.

4. Interruption of trial by reason of failure of interpreters not to entitle to acquittal. If on any trial for a criminal offence it shall appear to the presiding judge after the accused person shall have been given in charge to the jury that ·true explanation of the evidence cannot by reason of the incompetence of any interpreter be made to such accused person he shall not by reason thereof be entitled to be acquitted but it shall be the duty of the presiding judge to discharge the jury from giving any verdict and the accused person shall be liable to be again tried as if such first trial had not been commenced.

5. Interpretation. 33 & 34 Vic. c. 49 sec. 1. The words "court of justice" and the words "presiding judge" in this Act shall be deemed to include any person or persons having by law authority to administer an oath for the purposes of evidence.

6. Short title. This Act shall be read and construed with "The Oaths Act of 1867" and may be cited as "The Oaths Act Amendment Act of 1876."

THE

OATHS ACI' AMENDMENT ACT of 1884 48 Vic. No. 19

Amended by Criminal Code Act, 1899, 63 Vic. No. 9

Statute Law Revision Act of 1908, 8 Edw. 7 No. 18

An Act to Amend the Laws relating to the Administration of Oaths in Courts of Justice

£Assented to 27 October 18841 [Preamble repealed by Statute Law Revision Act of 19(}~, ~· 2}

1. (Repealed.)

Repealed by Statqt~ Law Revj&iop. Act of 190~, s. 2.

2. ·l\19~e ~f ~g evidence of persons objecting or inco~petent to Utke

~ 93th· If any p~r~o:rt tendered for the· purpose of giving ~vidence in resper;t of· any Civil or Criminal proceeding before a Court of Justice, or· any officer thereof, or on ·any Commission issued· out of the Court, objects to tak:e an oath, or by reason of a,ny defect of religious knowledge qr 1Jelief QJ: ()ther cause, appears incapable of comprehending the nature of an oath, 1t shal] be the duty of the Judge or person authorised to

aqminist~r the oath,

if

satisfied that tl:).e taking pf an ()ath w~mld have nq 1Jil1c1ing effec:t on the conscience of such person and that he under- stands that he will be liable to punishment if his evidence is untruthful, to declare in what manner the evidence of such person shall be taken, and such evidence so taken in such manner as aforesaid shall be valid as if 'an oath had been administered in the ordinary manner.

As amended by Criminal Code Act, 1899, s. 3.

J..

Interpreters. The provisiops of the preceding section of this Act shall, mutatis mutandis, extend and apply to· Interpreters. called to jnterpret in any Civil or Criminal proceeding in any

Court

of· Justice. ·· · · · · 4.

Sl!e>r! title..

This Act shaJl be read a11q coi1strued with f1~4 l:l~ an amendment of ''The Oaths Act of 1867, 'l and ''The Oaths Act Amendment Act pf 1S76," 11,nd may be cited as "The Oaths Act Amendment Act

of).8'~4:••

·· · ' · .,. · ' · ·· ···· ·· · · ··· · · · ·· · ·

THE

OAmS ACT AMENDMENT ACT of 1891 55 Vic. No. 14

Amended by Criminal Code Act, 1899, 63 Vic. No. 9

11

An Act to further Amend the Law relating to the Administration of Oaths in Courts of Justice

[Assented to 7 October 1891]

Preamble. Whereas difficulties sometimes arise in the Administration of Justice by reason of the inability of the Courts to administer an oath in the particular form or manner necessary to make it binding on the conscience of some persons professing various religions, and whereas it is desirable to remove the same and to further extend the facilities for taking affidavits:

1. Mode of taking evidence of witness who cannot be sworn in manner required by his religion. Schedule. Whenever in the course of any Civil or Criminal proceeding in any Court of Justice a person is tendered as a witness, and it is found to be impracticable, at the time and place when and where he is so tendered, to administer to him an oath in the form and manner required by his religion to make it binding on his conscience, it shall be the duty of the presiding Judge, if sa·tisfied of the fact, to require such person to make a solemn affirmation in the form of the Schedule to this Act, and upon such person making such solemn affirmation his evidence shall be taken, and the evidence so taken shall be as valid as if an oath had been administered in the ordinary manner.

As amended by Criminal Code Act, 1899, s. 3.

2. Interpreters. The provisions of the last preceding section shall, mutatis mutandis, apply to interpreters called to interpret in any civil or criminal proceeding in any court of justice.

3. Justices may take affidavits. Any affidavit may hereafter be sworn before any justice of the peace for the Colony of Queensland, and all such justices ·are hereby authorised ·and empowered to take affidavits without any commission being issued for that purpose.

4. Definition. The terms "Court of Justice" and "Presiding Judge" in this Act include any person or persons having by law authority to administer an oath for the purposes of evidence.

5. Short title. This Act shall be read and construed with and as an amendment of the "Oaths Act of 1867," "The Oaths Act Amendment Act of 1876," and "The Oaths Act Amendment Act of 1884," and may be known and cited as "The Oaths Act Amendment Act of 1891."

[See section 1] THE SCHEDULE

FORM OF SoLEMN AFFIRMATION

I solemnly affirm and declare that the evidence given by me to the Court shall be the truth, the whole truth, and nothing but the truth, and I make this solemn affirmation and declaration in the full knowledge that if I do not speak the truth, the whole truth, and nothing but the truth, I render myself liable to the penalties of wilful and corrupt perjury.

INDEX

"mE OAmS ACTS, 1867 TO 1960"

A

Affidavit-

declarations substituted for, in certain cases ..

may be sworn before justices Affirmation-

declaration substituted for, in certain cases in lieu of oath-

by witness who cannot be sworn in manner required by his religion

form of . . . . of Quakers or Moravians of Separatists

Allegiance, oath of-

associate may certify where sworn before judge before whom to be taken ..

by District Court Judges, etc. . . . .

declaration not to be taken in lieu of . . . . . . form substituted for all previous oaths and declarations Arraignment, oath of interpreter for purpose of ..

Associate of judge, may certify oaths of allegiance and office

B

Bailiff in charge of jury, oath of

Barristers, Solicitors and Conveyancers to take statutory directions Bible, swearing on the

c

Circuit court, oath of allegiance may be taken before Civil causes-

mode of taking evidence of witness who cannot be sworn in manner required by his religion

oath of- interpreters in jurors in ..

witnesses in ..

Commencement of Act Commission-

evidence of person objecting or incompetent to take an oath, how taken before

none required by justices to authorise them to take affidavits Confirmation. See Verification, post.

Court of justice-

declaration not to be taken in lieu of oath, etc., in . • . . evidence of persons objecting or incompetent to take oath,

how taken before

evidence of witness who cannot be sworn in manner required by his religion, how taken before

expression includes persons having authority to administer oath

Criminal causes-

mode of taking evidence of witnesses who cannot be sworn in manner required by his religion

oath of- interpreters in jurors in ..

witnesses in ••

s. 6 3 6 1, Sch.

ss. 5, 17 s. 18

19 32 2 3 7 1 28 32

31 13 33

2 1, Sch.

26 21 23 35 2 3

8 2 1, Sch.

5

1, Sch.

ss. 29, 30, 3, 4, 3 s. 22

25

Page

2 2 2 11 2, 4 4 4 7 1 2 2 1 6 7

7 3 7

11

5 5 5 8 10 2

3 10 11 10

11 6, 7, 9, 11

s s

14 INDEX

D

Death of Sovereign, na01e of successor substituted in form of oath on

Declaration-

fees payable on . . . . • • for01 of . . . . . . . . ili cases hot specially provided for of Quakers or Moravians

of Separatists . . . . . . . . . . . . substituted for oaths and affirDiations in certain cases IiediDlus, writ of. See Justices, post.

Deeds. See Verification, post.

Definitions- court of justice presiding judge

:OepartDients, public, declarations suBstituted for oaths, etc., in certain 01atters connected with

District Court, oath of allegiance 01ay be taken before •.

E

Entry. See Verification, post.

Evidence. S,ee also Interpreters; Witnesses, post.

of persons objecting or incompetent to take an oath ..

of witness who cannot be sworn in manner required by his religion

Fee payable on declaration ..

Felony, form of oath of jurors in case of Foreigners. . See Interpreters, post.

Form of-

F

affirmation in lieu of oath . . . . . . . . • . by witness who cannot be sworn in manner required

by his religion affirmation or declaration of-

Quakers. or ··Mora vians Separatists

declaration oath of-

allegiance . . • . bailiff in charge of jury interpreters-

criminal causes for the arraignment in civil causes ..

on voire dire . . . . . . . . . . where witness and prisoner are of different languages jurors in-

civil causes criminal causes offiee . . . .

on voire dire . . . . . . . .

· provision as to, on death of Sovereign witnesses in civil causes ..

witnesses in criminal causes solemn declaration

G

Gazette, publication in, of notification that declaration substituted for oath, etc.

Governor in Council may substitute declaration for oath

s. 4

15 14 13 18 19 ss. 6-10

s. 5 5 6 2

2 ..

1, Sch.

15 22

5 1, sch.

18 19 14 1 31 29 28 26 27 30 21 22 3 24 4 23 25 17

9

ss.

^6-10 ..

..

Page

2

3 3 3 4 4 2, 3

10 10 2

10 11

3 5

2 11

4

4 3 1 7 6 6 5 6 7 5

i

~

5 5 4

3 2, 3

INDEX

I

Incompetency to take oath, evidence how taken in case of Instruments. See Verification, post.

Interpretation of terms. See Definitions, ante.

Interpreters-

evidence of, how taken where they object or are incompetent to take oath

failure of ..

oath of . . . . in civil-causes

on voire dire

in criminal causes . . . .

further provision as to . . . . . . . . taking evidence of, when cannot be sworn in manner required

by their religion

where witness and prisoner are of different languages on the arraignment ..

J

Judge-

oath of office taken by, form of of District Court, to take oath ..

of Supreme Court-

associates may certify oath of allegiance, or office sworn before

may make rules

oath of allegiance m~y be t~ken before : : presiding-

pers'?ns havin~ authority to administer oath included m expressiOn

power where satisfied that witness cannot be sworn in manner required by his religion

powers of, as to binding interpreters in criminal pro- ceedings

to discharge jury in criminal proceeding if interpreter proves incompetent

Judicial proceeding. See Court of justice, ante.

Jurors-

discharged in criminal proceeding where interpreter proves incompetent

in civil causes, oath of ..

in criminal causes, oath of oath of bailiff in charge of Justices-

administer-

oath of allegiance under writ of dedimus declaration voluntarily made, may be received by empowered to take affidavits ..

oath of office taken by, form of

M

Members of Industrial Court and Land Court to take oaths Misdemeanour, form of oath of juror in case of

Moravians, affirmation or declaration by .•

N

Name of Sovereign altered in form of oath upon demise of Crown Notary public may receive voluntary declaration ..

s. 2

3

4 •• ..

ss. 26, 27, 3, 4, 3 s. 26

27 29 ss. 3, 4

s. 2 30 28

3 3 32 34 2 5

3 4

4 21 22 31

2 13 3 3

3 22 18

4 13

15

Page

10

11 9 5, 6, 9, 11 5 6 9 6 11 7 6

2 2 7 8 1 10 Jl 9 9

9 5 5 7

1 3 2 2

2

4

2

16 INDEX

0

Oath-

method of administering

Objection to take oath, evidence how taken upon Office, oath of-

associate may certify, sworn before judge by District Court Judges, etc. . . . . taken by-

judges justices

Officer of court, evidence of person objecting or incompetent to take an oath, how taken before

Q

Quakers, affirmation or declaration by

Quarter sessions, oath of allegiance may be taken before

R

Regulations of public department substituting declaration Revenue, declarations substituted for oaths

Rules, power of judges of Supreme Court to make

s

Separatists, affirmation or declaration by ..

Sovereign's name altered in form of oath on demise of Crown Statutory directions-

persons entitled to take ..

Supreme Court. See Judge, ante.

T

Testament, swearing on the •.

Trial, interruption of by failure of interpreters

v

Verification, declaration substituted for oath, etc., for certain purposes of

Voire dire-

oath of interpreters on the oath on the

w

Witness, oath of. See also Evidence; Interpreters, ante.

in civil causes . . . . • . . . . . in criminal causes

Writ of dedimus. See Justices, ante.

s. 33 2

32 3 3 3 2

18 2

6 6 34

19 4

13

33 4

6

27 24

23 25

)-

By Authority: S. G. REID, Government Printer, Brisbane--1969

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