New South Wales Consolidated Acts

OATHS ACT 1900 - SECT 13

13 Declaration or affirmation instead of oath

(1) Subject to the Evidence Act 1995 , whenever any person--

(a) called as a witness in any Court or before any Judge or Magistrate or other person authorised to administer an oath, whether in a civil or criminal proceeding, or

(b) having to make a statement in any information, complaint, or proceeding in any Court or before any Judge or Magistrate, or

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

objects to take an oath, or is reasonably objected to as incompetent to take an oath, or appears to such Court or Judge or Magistrate or person so authorised incompetent to take an oath, the person may in lieu of such oath--

(i) when so called as a witness make a declaration in the form in the Sixth Schedule, or

(ii) in any other case make a solemn affirmation in the form in the Seventh Schedule.

(2) Whosoever, having made such declaration or affirmation, wilfully gives any false evidence before such Court, Judge or Magistrate, or person so authorised, or makes any false statement in such information, complaint, proceeding, affidavit, or deposition, knowing the same to be false, shall be deemed guilty of perjury if the evidence or statement, had it been on oath, would by law have been perjury.