South Australian Current Acts

EVIDENCE ACT 1929 - SECT 66A

66A—Taking of affidavits out of the State by sailors, soldiers and airmen

        (1)         Any oath or affidavit required to be made by any member of a fighting force, for the purpose of any court or matter in the State, may be taken or made in any place out of the State before any officer of any naval, military or air force of any part of His Majesty's dominions who holds a rank not below the following, namely:

            (a)         in the case of a naval officer, lieutenant;

            (b)         in the case of a military officer, captain;

            (c)         in the case of an officer of an air force, flight-lieutenant,

or before any person having authority to administer an oath in the State.

        (2)         An officer administering an oath or taking an affidavit by virtue of the powers conferred by this section shall state in the jurat or attestation to the oath or affidavit the following matters, namely:

            (a)         the date on which the oath or affidavit is taken or sworn;

            (b)         the full name and rank of the officer.

        (3)         An apparently genuine signature purporting to be the signature of a person administering an oath or taking an affidavit, and purporting to be the signature of an officer of a naval, military or air force of any part of His Majesty's dominions who holds a rank not below that specified in subsection (1) of this section, may be deemed to be the signature of such an officer unless the contrary is shown.

        (5)         In this section—

"affidavit" includes any statutory or other declaration, acknowledgment, or examination;

"His Majesty's dominions" includes the United Kingdom of Great Britain and Northern Ireland, and all self-governing dominions, dependencies, colonies, protectorates, protected states, and mandated territories of His Majesty;

"member of a fighting force" includes any man or woman who is a member of a naval, military or air force of any country, and any person who, as a representative or employee of any charitable, religious or other organisation for promoting the welfare of members of any such force, is attached to any such force;

"oath" includes affirmation and declaration.