Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 74

After section 28 of the Oaths and Affirmations Act 2018 insert —

        " 28A     Inability to comply with requirements—admission into evidence

A court or tribunal may admit a purported affidavit that does not comply with section 25, 26 or 27 into evidence in a particular proceeding if—

        (a)     the purported affidavit states the reason why the deponent or authorised affidavit taker (as the case requires) was unable to comply with section 25, 26 or 27; and

        (b)     the court or tribunal, in considering the reason, is satisfied that it is in the interests of justice to admit the purported affidavit into evidence.

        28B     Audio visual procedures do not limit other duties and obligations

    (1)     The use of audio visual procedures under this Part in relation to affidavits applies subject to any express contrary intention imposed by any other duty or obligation under any Act (including a Commonwealth Act) or at common law applying to a person as a deponent or an authorised affidavit taker in relation to affidavits.

    (2)     Nothing in this Part limits any requirement imposed by this Part by which a person must not write or do something without first being satisfied of certain matters.".