Victorian Current Acts

EVIDENCE ACT 2008 - SECT 21

    (1)     A witness in a proceeding must either take an oath, or make an affirmation, before giving evidence.

    (2)     Subsection (1) does not apply to a person who gives unsworn evidence under section 13.

    (3)     A person who is called merely to produce a document or thing to the court need not take an oath or make an affirmation before doing so.

    (4)     The witness is to take the oath, or make the affirmation, in accordance with the appropriate form in Schedule 1 or in a similar form.

    (5)     Such an affirmation has the same effect for all purposes as an oath.

S. 21(6) inserted by No. 6/2018 s. 65(3).

    (6)     For the purposes of subsection (4), in the case of a child or a person with a cognitive disability, the following words are taken to be a similar form of oath or affirmation—

"I promise to tell the truth.".