New South Wales Consolidated Acts

EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT 1998 - SECT 5D

5D Administration of oaths and affirmations

(1) Subject to subsection (2), an oath to be sworn or affirmation to be made by a person giving evidence by audio link or audio visual link under Part 1A or 1B may be administered either--

(a) by means of the audio link or audio visual link, as nearly as practicable in the same way as if the person were to give evidence in the courtroom or other place where the NSW court is sitting, or

(b) at the direction of, or on behalf of, the court at the place where the person is giving the evidence by a person authorised by the court.

(2) A person giving evidence by audio link or audio visual link under Part 1A or 1B from a foreign country is not required to give the evidence on oath or affirmation if--

(a) the law in force in that country--

(i) does not permit the person to give evidence on oath or affirmation for the purposes of the proceeding, or

(ii) would make it inconvenient for the person to give evidence on oath or affirmation for the purposes of the proceeding, and

(b) the NSW court is satisfied that it is appropriate for the evidence to be given otherwise than on oath or affirmation.

(3) If evidence is given otherwise than on oath or affirmation, the NSW court is to give the evidence such weight as it thinks fit in the circumstances.

(4) Subsections (2) and (3) apply despite anything to the contrary in the Evidence Act 1995 or any other law of this State.