New South Wales Consolidated Acts

OATHS ACT 1900 - SECT 32

32 Person may make declaration instead of oath

(1) This section applies to the making of an affidavit by a person before a justice or other person authorised to take an affidavit when the justice or other person is satisfied, having regard to any matter thought relevant (including age and capacity to hear, understand or communicate) that the person is not competent to take an oath.

(2) The affidavit by the person is to be allowed, as if it were taken on oath, so long as--

(a) the justice or other person tells the person that it is important to tell the truth, and

(b) the person makes a declaration, by responding appropriately when asked, that he or she will not tell lies in the affidavit.

(3) However, the affidavit is not to be allowed if the justice or other person is satisfied that--

(a) the person does not understand the difference between the truth and a lie, or

(b) the person is not able to respond rationally to questions.

(4) It is to be presumed, unless the contrary is established to the satisfaction of the justice or other person, that the person understands the difference between the truth and a lie and is able to respond rationally to questions.

(5) This section does not make evidence admissible if it would otherwise be inadmissible.

(6) In this section,
"affidavit" includes a deposition and a statement made in an information or complaint.