South Australian Current Acts

EVIDENCE ACT 1929 - SECT 6

6—Oaths, affirmations etc

        (1)         An oath shall be administered and taken as follows:

            (a)         the person taking the oath shall hold a copy of the Bible (being a book that contains the New Testament, the Old Testament or both) in his hand and, after the oath has been tendered to him, shall say "I swear"; or

            (b)         in any other manner and form which the person taking the oath declares to be binding on his conscience; or

            (c)         in any other manner or form authorised or permitted by law.

        (2)         Where an oath has been lawfully administered and taken, the fact that the person taking the oath had no religious belief, or that the oath was not taken so as to be binding on his conscience, shall not affect, at law, the validity or effect of the oath.

        (3)         A person is permitted, and should be offered the choice, to make an affirmation instead of an oath in all circumstances in which, and for all purposes for which, an oath is required or permitted by law.

        (4)         An affirmation is to be administered to a person by asking the person "Do you solemnly and truly affirm" followed by the words of the appropriate oath (omitting any words of imprecation or calling to witness) after which the person must say "I do solemnly and truly affirm".

        (5)         Every affirmation has, at law, the same force and effect as an oath.

        (6)         No oath or affirmation is invalid by reason of a procedural or formal error or deficiency.