Victorian Numbered Acts

OATHS AND AFFIRMATIONS ACT 2018 (NO. 6 OF 2018) - SECT 3

In this Act—

"administering officer" means any person authorised to administer oaths or affirmations by or under this Act or any other Act or by convention;

Australian consular officer means a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside Australia—

        (a)     ambassador;

        (b)     high commissioner;

        (c)     Minister;

        (d)     head of mission;

        (e)     commissioner;

        (f)     chargé d'affaires;

        (g)     counsellor or secretary at an embassy, high commissioner's office, legation or other post;

        (h)     consul-general;

              (i)     consul;

        (j)     vice-consul;

        (k)     trade commissioner;

        (l)     consular agent;

        (m)     envoy;

"authorised affidavit taker" means a person authorised to take an affidavit by or under Part 3;

"authorised certifier" means a person authorised to certify a copy of a document by or under Part 5;

"certify" does not include attest;

"child" means a person under the age of 18 years;

"cognitive impairment" includes an intellectual disability, an acquired brain injury, autism spectrum disorder and a neurological impairment;

"exhibit" includes annexure or attachment;

"honorary justice" has the same meaning as it has in the Honorary Justices Act 2014 ;

identical does not mean of the same size or colour, provided that the use of a different size or colour does not result in the loss of any material information;

"judicial officer "means any of the following—

        (a)     a Judge or reserve Judge of the Supreme Court;

        (b)     an Associate Judge or reserve Associate Judge of the Supreme Court;

        (c)     a Judge or reserve Judge of the Supreme Court who is appointed or assigned to VCAT;

        (d)     a judge of the County Court;

        (e)     a reserve judge of the County Court;

        (f)     an associate judge of the County Court;

        (g)     a reserve associate judge of the County Court;

        (h)     a person referred to in paragraph (d) or (e) who is appointed or assigned to VCAT;

              (i)     a magistrate or reserve magistrate;

        (j)     a magistrate or reserve magistrate who is appointed or assigned to the Children's Court, the Coroners Court or VCAT;

        (k)     a reserve coroner;

        (l)     a person appointed under section 94 of the Coroners Act 2008 ;

        (m)     a judicial registrar of the following courts—

              (i)     the Supreme Court;

              (ii)     the County Court;

              (iii)     the Magistrates' Court;

              (iv)     the Children's Court;

              (v)     the Coroners Court;

"jurat" means a written statement at the end of an affidavit setting out where and when the affidavit was sworn or affirmed, followed by the signature and authority of the authorised affidavit taker;

"original document", in Part 5, means a document that an authorised certifier, having used the authorised certifier's best judgment, determines is—

        (a)     original; or

        (b)     a document or extract that has been certified, otherwise than under Division 2 of that Part, as a true extract from, or copy of, a register of public documents or any other official record by the keeper or holder of that register or record;

"person acting judicially "includes the following—

        (a)     any arbitrator;

        (b)     any person or body having by law or by consent of parties authority to hear, receive and examine evidence;

        (c)     any officer in any public department having in the discharge of the person's duties authority to examine evidence;

"public document" has the same meaning as it has in the Evidence Act 2008 ;

"statutory declaration witness" means a person authorised to witness a statutory declaration by or under Part 4.