Northern Territory Numbered Acts

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OATHS, AFFIDAVITS AND DECLARATIONS ACT 2010 (NO 39 OF 2010) - SECT 7

Who may administer oath

    (1)     An oath taken at a place in the Territory must be administered by one of the following:

    (a)     if the oath is taken by a person who is in court:

        (i)     the presiding officer of the court; or

        (ii)     if it is not reasonably practicable for the presiding officer to administer the oath – a person authorised by the presiding officer to do so;

    (b)     if the oath is taken by a person who is before a tribunal:

        (i)     if the tribunal is or is constituted by a single individual – the tribunal; or

        (ii)     if the tribunal is constituted by 2 or more members – one of the sitting members of the tribunal;

    (c)     if neither paragraph (a) nor (b) apply:

        (i)     a justice of the peace; or

        (ii)     a commissioner for oaths;

    (d)     in any case – any other person authorised by an Act to administer the oath.

    (2)     An oath taken at a place outside the Territory for the purposes of a matter in the Territory must be administered by one of the following:

    (a)     a person who has authority, under the law of the place, to administer an oath, take an affirmation or carry out a comparable process;

    (b)     a consular official who is performing official functions at the place;

    (c)     if the person taking the oath is a member of the Australian Defence Force – a defence force officer;

    (d)     any other person authorised by an Act to administer the oath.



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