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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Repeals
3. Declarations and Attestations Act 1913 repealed 3
4. Imperial Acts repealed 3
Part 3 -- Constitution Act 1889
amended
5. The Act amended in this Part 4
6. Section 22 amended 4
7. Schedule E replaced 4
Part 4 -- Constitution Acts Amendment
Act 1899 amended
8. The Act amended in this Part 6
9. Section 43 amended 6
10. Section 44A amended 6
11. Section 45 inserted 7
12. Schedule VI inserted 7
Part 5 -- Children's Court of Western
Australia Act 1988 amended
13. The Act amended in this Part 9
14. Section 12 amended 9
15. Section 18 amended 9
005--2B page i
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Contents
16. Schedule 1 replaced 10
Part 6 -- District Court of Western
Australia Act 1969 amended
17. The Act amended in this Part 11
18. Section 11 amended 11
19. Section 27 amended 11
20. Schedule replaced 12
Part 7 -- Family Court Act 1997
amended
21. The Act amended in this Part 13
22. Section 13 replaced 13
23. Section 22 amended 13
24. Schedule 1 replaced 14
Part 8 -- Magistrates Court Act 2004
amended
25. The Act amended in this Part 15
26. Schedule 3 replaced 15
Part 9 -- Supreme Court Act 1935
amended
27. The Act amended in this Part 16
28. Section 4 amended 16
29. Section 9 amended 16
30. Section 11 amended 16
31. Section 11AA amended 16
32. Section 11A amended 16
33. Section 13 inserted 17
34. Section 49 amended 17
35. Sections 175, 176 and 177 repealed 17
36. Second Schedule replaced 17
Part 10 -- State Administrative Tribunal
Act 2004 amended
37. The Act amended in this Part 18
38. Section 142A inserted 18
39. Schedule 2 inserted 19
page ii
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Contents
Part 11 -- The Criminal Code amended
40. The Criminal Code amended in this Part 20
41. Section 169 replaced 20
42. Section 170 replaced 21
Part 12 -- Evidence Act 1906 amended
43. The Act amended in this Part 22
44. Section 97 amended 22
45. Sections 98, 98A, 99 and 100 repealed 22
46. Section 100A amended 22
47. Section 102 amended 22
48. Section 103 amended 23
49. Section 104 repealed 23
50. Section 105 inserted 23
51. Section 106 repealed 24
52. Section 106B amended 24
53. Section 106C amended 24
Part 13 -- Interpretation Act 1984
amended
54. The Act amended in this Part 25
55. Section 5 amended 25
Part 14 -- Local Government Act 1995
amended
56. The Act amended in this Part 27
57. Section 2.29 amended 27
58. Section 2.32 amended 27
59. Section 2.42 amended 27
Part 15 -- Mining Act 1978 amended
60. The Act amended in this Part 28
61. Section 144 amended 28
62. Section 160D amended 28
Part 16 -- Various Acts amended
63. Various Acts amended 30
page iii
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Contents
Schedule 1 -- Amendments to various
Acts 31
1. Administration Act 1903 31
2. Adoption Act 1994 31
3. Agricultural Practices (Disputes) Act 1995 31
4. Bills of Sale Act 1899 31
5. Companies (Co-operative) Act 1943 32
6. Consumer Affairs Act 1971 32
7. Criminal Law Amendment (Simple Offences) Act 2004 32
8. Education Service Providers (Full Fee Overseas
Students) Registration Act 1991 32
9. Finance Brokers Control Act 1975 32
10. Juries Act 1957 32
11. Justices of the Peace Act 2004 32
12. Petroleum Products Pricing Act 1983 33
13. Public Notaries Act 1979 33
14. Prisons Act 1981 33
15. Real Estate and Business Agents Act 1978 33
16. Settlement Agents Act 1981 33
17. Transfer of Land Act 1893 34
18. Veterinary Surgeons Act 1960 34
page iv
Western Australia
LEGISLATIVE COUNCIL
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Bill 2005
A Bill for
An Act to --
• repeal the Declarations and Attestations Act 1913 and various
adopted Imperial Acts; and
• amend various Acts,
as a consequence of the enactment of the Oaths, Affidavits and
Statutory Declarations Act 2005, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005.
5 2. Commencement
(1) Subject to this section, this Act comes into operation on the day
on which the Oaths, Affidavits and Statutory Declarations
Act 2005 comes into operation.
(2) If when the Oaths, Affidavits and Statutory Declarations
10 Act 2005 comes into operation the Mining Amendment Act 2004
section 76 has come into operation, section 61 of this Act is
repealed without coming into operation.
(3) If when the Oaths, Affidavits and Statutory Declarations
Act 2005 comes into operation the Mining Amendment Act 2004
15 section 82 has not come into operation, section 62 of this Act
comes into operation immediately after section 82 of that Act
comes into operation.
page 2
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Repeals Part 2
s. 3
Part 2 -- Repeals
3. Declarations and Attestations Act 1913 repealed
The Declarations and Attestations Act 1913 is repealed.
4. Imperial Acts repealed
5 (1) The following Imperial Acts are repealed in so far as they are
part of the law of Western Australia --
(a) 1 & 2 William IV c. 4
[An Act to abolish certain Oaths and Affirmations taken
and made in the Customs and Excise Departments of
10 His Majesty's Revenue, and to substitute Declarations in
lieu thereof.]
[Excise Declarations Act 1831]
[Adopted by Imperial Acts Adopting Act 1836];
(b) 3 & 4 William IV c. 49
15 [An Act to allow Quakers and Moravians to make
Affirmation in all cases where an Oath is or shall be
required.]
[Quakers and Moravians Act 1833]
[Adopted by Imperial Acts Adopting Act 1844];
20 (c) 1 & 2 Victoria c. 77
[An Act for permitting Affirmation to be made instead
of an Oath in certain Cases.]
[Quakers and Moravians Act 1838]
[Adopted by Imperial Acts Adopting Act 1844];
25 (d) 1 & 2 Victoria c. 105
[An Act to remove Doubts as to the Validity of certain
Oaths.]
[Oaths Act 1838]
[Adopted by Imperial Acts Adopting Act 1844].
30 (2) In respect of each Imperial enactment referred to in
subsection (1), the Interpretation Act 1984 Part V applies as if a
reference in that Part to the repeal of a written law or to the
repeal of an enactment were a reference to the repeal of the
Imperial enactment.
page 3
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 3 Constitution Act 1889 amended
s. 5
Part 3 -- Constitution Act 1889 amended
5. The Act amended in this Part
The amendments in this Part are to the Constitution Act 1889*.
[* Reprinted as at 3 July 2000.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 79.]
6. Section 22 amended
Section 22 is amended as follows --
(a) by deleting "allegiance" and inserting instead --
10 " office ";
(b) by deleting "the" before "form" and inserting instead --
" a ".
7. Schedule E replaced
15 Schedule E is repealed and the following Schedule is inserted
instead --
"
Schedule E -- Oath and affirmation of office
[s. 22]
20 Either --
(a) I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005] that
I will faithfully serve the people of Western Australia as a
member of the *Legislative Council/Legislative Assembly.
25 [*Delete the inapplicable.]
page 4
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Constitution Act 1889 amended Part 3
s. 7
or --
(b) I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005] that
I will be faithful and bear true allegiance to Her Majesty
5 Queen Elizabeth the Second, her heirs and successors,
according to law and will faithfully serve the people of
Western Australia as a member of the *Legislative
Council/Legislative Assembly.
[*Delete the inapplicable.]
10 ".
page 5
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 4 Constitution Acts Amendment Act 1899 amended
s. 8
Part 4 -- Constitution Acts Amendment Act 1899
amended
8. The Act amended in this Part
The amendments in this Part are to the Constitution Acts
5 Amendment Act 1899*.
[* Reprint 12 as at 3 October 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 88-9.]
9. Section 43 amended
10 After section 43(3) the following subsection is inserted --
"
(4) Before a person who accepts such an executive office
performs any function of the office, he is to take before
the Governor, or some person authorised for the
15 purpose by the Governor, the oath or affirmation set
out in Division 1 of Schedule VI.
".
10. Section 44A amended
After section 44A(5) the following subsection is inserted --
20 "
(6) Before a person who is appointed to be a Parliamentary
Secretary performs any function of the office, he is to
take before the Governor, or some person authorised
for the purpose by the Governor, the oath or
25 affirmation set out in Division 1 of Schedule VI.
".
page 6
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Constitution Acts Amendment Act 1899 amended Part 4
s. 11
11. Section 45 inserted
After section 44A the following section is inserted --
"
45. Oath of office for members of Executive Council
5 The form of the oath or affirmation of office for a
person who has been appointed to be a member of the
Executive Council is that set out in Division 2 of
Schedule VI.
".
10 12. Schedule VI inserted
After Schedule V the following Schedule is inserted --
"
Schedule VI -- Oaths and affirmations of office
[s. 43(4), 44A(6) & 45]
15 Division 1 -- Holders of principal executive offices and for
Parliamentary Secretaries
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005] that
I will faithfully serve the people of Western Australia in the
20 office of [title of office].
Division 2 -- Members of the Executive Council
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005] --
that I will faithfully serve the people of Western
25 Australia as a member of the Executive Council;
that as and when required to do so I will freely give
my advice as such a member to the Governor, or the
person performing the functions of the Governor,
for the good management of the public affairs of
30 Western Australia;
page 7
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 4 Constitution Acts Amendment Act 1899 amended
s. 12
and that I will not, directly or indirectly, reveal any
matters that come before the Council and that I am
required by the Council to keep secret.
".
page 8
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Children's Court of Western Australia Act 1988 amended Part 5
s. 13
Part 5 -- Children's Court of Western Australia
Act 1988 amended
13. The Act amended in this Part
The amendments in this Part are to the Children's Court of
5 Western Australia Act 1988*.
[* Reprint 3 as at 10 September 2004.]
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 63.]
14. Section 12 amended
10 (1) Section 12(1) is repealed and the following subsection is
inserted instead --
"
(1) Before a person who is appointed to be a Judge, or a
magistrate, of the Court performs any function of the
15 office, he or she shall take before the Governor, a
Supreme Court Judge, or some person authorised for
the purpose by the Governor, an oath or affirmation in
the form set out in Schedule 1.
".
20 (2) Section 12(1a)(a) is amended by deleting "allegiance and a
judicial oath or affirmation" and inserting instead --
" office in respect of that office of judge ".
15. Section 18 amended
Section 18(2) is repealed.
page 9
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 5 Children's Court of Western Australia Act 1988 amended
s. 16
16. Schedule 1 replaced
Schedule 1 is repealed and the following schedule is inserted
instead --
"
5 Schedule 1 -- Oath and affirmation of office
[s. 12(1)]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005] that
I will faithfully serve the people and the State of Western
10 Australia in the office of [title of office] of the Children's
Court of Western Australia and I will do right to all manner
of people, according to law, without fear or favour, affection
or ill will.
".
page 10
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
District Court of Western Australia Act 1969 amended Part 6
s. 17
Part 6 -- District Court of Western Australia Act 1969
amended
17. The Act amended in this Part
The amendments in this Part are to the District Court of Western
5 Australia Act 1969*.
[* Reprinted as at 19 January 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 127.]
18. Section 11 amended
10 Section 11(2) is repealed and the following subsection is
inserted instead --
"
(2) Before a person who is appointed to be a District Court
Judge, an acting District Court Judge, an auxiliary
15 District Court Judge, or a commissioner of the Court,
performs any function of the office, he or she shall take
before the Governor, a Supreme Court Judge, or some
person authorised for the purpose by the Governor, an
oath or affirmation in the form set out in Schedule 1.
20 ".
19. Section 27 amended
(1) Section 27(2) is repealed.
(2) Section 27(3) is amended by deleting "Sections 174, 176 and
177" and inserting instead --
25 " Section 174 ".
page 11
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 6 District Court of Western Australia Act 1969 amended
s. 20
20. Schedule replaced
The Schedule is repealed and the following schedule is inserted
instead --
"
5 Schedule 1 -- Oath and affirmation of office
[s. 11(2)]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005] that
I will faithfully serve the people and the State of Western
10 Australia in the office of [title of office] of the District Court
of Western Australia and I will do right to all manner of
people, according to law, without fear or favour, affection or
ill will.
".
page 12
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Family Court Act 1997 amended Part 7
s. 21
Part 7 -- Family Court Act 1997 amended
21. The Act amended in this Part
The amendments in this Part are to the Family Court Act 1997*.
[* Reprint 1 as at 15 August 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 155-6.]
22. Section 13 replaced
Section 13 is repealed and the following section is inserted
instead --
10 "
13. Oath of office
Before a person who is appointed to be a Judge
performs any function of the office, he or she shall take
before the Governor, a Supreme Court Judge, or some
15 person authorised for the purpose by the Governor, an
oath or affirmation in the form set out in Schedule 1.
".
23. Section 22 amended
Section 22(4) is repealed and the following subsection is
20 inserted instead --
"
(4) Before a person who is appointed to be an acting Judge
performs any function of the office, he or she shall take
before the Governor, a Supreme Court Judge, or some
25 person authorised for the purpose by the Governor to
do so, an oath or affirmation in the form set out in
Schedule 1.
".
page 13
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 7 Family Court Act 1997 amended
s. 24
24. Schedule 1 replaced
Schedule 1 is repealed and the following schedule is inserted
instead --
"
5 Schedule 1 -- Oath and affirmation of office
[s. 13 & 22(4)]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005] that
I will faithfully serve the people and the State of Western
10 Australia in the office of [title of office] of the Family Court
of Western Australia and I will do right to all manner of
people, according to law, without fear or favour, affection or
ill will.
".
page 14
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Magistrates Court Act 2004 amended Part 8
s. 25
Part 8 -- Magistrates Court Act 2004 amended
25. The Act amended in this Part
The amendments in this Part are to the Magistrates Court
Act 2004*.
5 [* Act No. 47 of 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 269.]
26. Schedule 3 replaced
Schedule 3 is repealed and the following schedule is inserted
10 instead --
"
Schedule 3 -- Oath and affirmation of office
[Sch. 1 cl. 4]
I, [name], [insert an oath or affirmation according to the
15 Oaths, Affidavits and Statutory Declarations Act 2005] that
I will faithfully serve the people and the State of Western
Australia in the office of a magistrate [or acting magistrate]
of the Magistrates Court and I will do right to all manner of
people, according to law, without fear or favour, affection or
20 ill will.
".
page 15
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 9 Supreme Court Act 1935 amended
s. 27
Part 9 -- Supreme Court Act 1935 amended
27. The Act amended in this Part
The amendments in this Part are to the Supreme Court
Act 1935*.
5 [* Reprinted as at 9 February 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 445.]
28. Section 4 amended
Section 4(1) is amended by deleting the definition of "Oath".
10 29. Section 9 amended
Section 9(2) is repealed.
30. Section 11 amended
Section 11(1a) is repealed.
31. Section 11AA amended
15 Section 11AA(4) is amended as follows:
(a) by inserting after paragraph (a) --
" and ";
(b) by deleting paragraph (b) and "and" after it.
32. Section 11A amended
20 Section 11A(4) is repealed.
page 16
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Supreme Court Act 1935 amended Part 9
s. 33
33. Section 13 inserted
After section 12 the following section is inserted --
"
13. Oath of office
5 Before a person who is appointed to an office referred
to in section 6(3), or to the office of judge of appeal,
Chief Justice or President, performs any function of the
office, he or she shall take before the Governor, or
some person authorised for the purpose by the
10 Governor, an oath or affirmation in the form set out in
the Second Schedule.
".
34. Section 49 amended
Section 49(1a) is repealed.
15 35. Sections 175, 176 and 177 repealed
Sections 175, 176 and 177 are repealed.
36. Second Schedule replaced
The Second Schedule is repealed and the following schedule is
inserted instead --
20 "
Second Schedule -- Oath and affirmation of office
[s. 13]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005] that
25 I will faithfully serve the people and the State of Western
Australia in the office of [title of office] of the Supreme
Court of Western Australia and I will do right to all manner
of people, according to law, without fear or favour, affection
or ill will.
30 ".
page 17
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 10 State Administrative Tribunal Act 2004 amended
s. 37
Part 10 -- State Administrative Tribunal Act 2004
amended
37. The Act amended in this Part
The amendments in this Part are to State Administrative
5 Tribunal Act 2004*.
[* Act No. 54 of 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 427.]
38. Section 142A inserted
10 After section 142 the following section is inserted --
"
142A. Oath of office
Before a person who is appointed under this Part to any
of the following offices performs any function of the
15 office, he or she must take before the Governor, or
some person authorised for the purpose by the
Governor, an oath or affirmation in the form set out in
Schedule 2.
Offices
President
Acting President
Supplementary President
Deputy President
Acting Deputy President
Supplementary Deputy President
20 ".
page 18
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
State Administrative Tribunal Act 2004 amended Part 10
s. 39
39. Schedule 2 inserted
After Schedule 1 the following Schedule is inserted --
"
Schedule 2 -- Oath and affirmation of office
5 [s. 142A]
I, [name], [insert an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005] that
I will faithfully serve the people and the State of Western
Australia in the office of [title of office] of the State
10 Administrative Tribunal and I will do right to all manner of
people, according to law, without fear or favour, affection or
ill will.
".
page 19
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 11 The Criminal Code amended
s. 40
Part 11 -- The Criminal Code amended
40. The Criminal Code amended in this Part
The amendments in this Part are to The Criminal Code*.
[* Reprint 11 as at 3 September 2004 (see the Schedule to the
5 Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Compilation Act 1913).
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 110-11.]
41. Section 169 replaced
10 Section 169 is repealed and the following section is inserted
instead --
"
169. False statements on oath
(1) Any person who, when under oath or any sanction that
15 may be lawfully substituted for an oath, knowingly
makes a statement, whether orally or in writing, that is
false in a material particular is guilty of a crime and is
liable to imprisonment for 7 years.
Summary conviction penalty: imprisonment for 3 years
20 and a fine of $36 000.
(2) Any person who knowingly makes a statement that is
false in a material particular in a statutory declaration is
guilty of a crime and is liable to imprisonment for
5 years.
25 Summary conviction penalty: imprisonment for 2 years
and a fine of $24 000.
".
page 20
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
The Criminal Code amended Part 11
s. 42
42. Section 170 replaced
Section 170 is repealed and the following section is inserted
instead --
"
5 170. False information to officials etc.
(1) Any person who, being required under a written law to
give information, whether orally or in writing, to
another person, knowingly gives information to the
other person that is false in a material particular is
10 guilty of a crime and is liable to imprisonment for
3 years.
Summary conviction penalty: imprisonment for
18 months and a fine of $18 000.
(2) Subsection (1) does not apply if the person is required
15 to give the information on oath or in a statutory
declaration.
".
page 21
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 12 Evidence Act 1906 amended
s. 43
Part 12 -- Evidence Act 1906 amended
43. The Act amended in this Part
The amendments in this Part are to the Evidence Act 1906*.
[* Reprint 12 as at 10 October 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 151.]
44. Section 97 amended
Section 97(3) and (4) are repealed and the following subsection
is inserted instead --
10 "
(3) The form of oath for a witness is as follows --
I [insert an oath or affirmation according to the Oaths,
Affidavits and Statutory Declarations Act 2005] that
the evidence I will give in this case will be the truth,
15 the whole truth and nothing but the truth.
".
45. Sections 98, 98A, 99 and 100 repealed
Sections 98, 98A, 99 and 100 are repealed.
46. Section 100A amended
20 (1) Section 100A(1) is amended by deleting "solemn".
(2) Section 100A(2) is amended by deleting "solemn" in the
2 places where it occurs.
47. Section 102 amended
(1) Section 102(1) is repealed and the following subsection is
25 inserted instead --
page 22
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Evidence Act 1906 amended Part 12
s. 48
"
(1) If a person is called to act as an interpreter in any court,
or before any person acting judicially, and that person,
had he or she been tendered as a witness, would have
5 been required to take an oath or make an affirmation,
he or she shall be required to take an oath or
affirmation as follows --
I [insert an oath or affirmation according to the Oaths,
Affidavits and Statutory Declarations Act 2005] that I
10 will well and truly translate any evidence that I am
asked to translate in this case.
".
(2) Section 102(2) is amended by deleting "or made a solemn
affirmation or declaration" and inserting instead --
15 " or made an affirmation ".
48. Section 103 amended
Section 103(1) is amended by deleting "a solemn" and inserting
instead --
" an ".
20 49. Section 104 repealed
Section 104 is repealed.
50. Section 105 inserted
After section 104A the following section is inserted --
"
25 105. Oaths, Affidavits and Statutory Declarations
Act 2005, application of
This Act does not limit the operation of the Oaths,
Affidavits and Statutory Declarations Act 2005 and in
particular Part 2 of that Act.
30 ".
page 23
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 12 Evidence Act 1906 amended
s. 51
51. Section 106 repealed
Section 106 is repealed.
52. Section 106B amended
(1) Section 106B(1) is amended by deleting "under section 97(3) or
5 after making a solemn affirmation under section 97(4)" and
inserting instead --
" or after making an affirmation ".
(2) Section 106B(2) is amended by deleting "a solemn" and
inserting instead --
10 " an ".
53. Section 106C amended
Section 106C is amended by deleting "a solemn" and inserting
instead --
" an ".
page 24
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Interpretation Act 1984 amended Part 13
s. 54
Part 13 -- Interpretation Act 1984 amended
54. The Act amended in this Part
The amendments in this Part are to the Interpretation Act 1984*.
[* Reprint 4 as at 6 February 2004.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 222.]
55. Section 5 amended
Section 5 is amended as follows:
(a) by deleting the definition of "affidavit" and inserting
10 instead --
"
"affidavit" means an affidavit made in accordance
with the Oaths, Affidavits and Statutory
Declarations Act 2005 or made before the
15 commencement of that Act in accordance with
law;
";
(b) by deleting the definition of "oath" and inserting
instead --
20 "
"oath" means an oath or affirmation taken or made in
accordance with the Oaths, Affidavits and
Statutory Declarations Act 2005 or taken or made
before the commencement of that Act in
25 accordance with law;
";
page 25
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 13 Interpretation Act 1984
s. 55
(c) by deleting the definition of "statutory declaration" and
inserting instead --
"
"statutory declaration" means a statutory declaration
5 made in accordance with the Oaths, Affidavits and
Statutory Declarations Act 2005 or made before
the commencement of that Act in accordance with
law;
";
10 (d) by deleting the definition of "swear" and inserting
instead --
"
"swear" includes to affirm;
".
page 26
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Local Government Act 1995 amended Part 14
s. 56
Part 14 -- Local Government Act 1995 amended
56. The Act amended in this Part
The amendments in this Part are to the Local Government
Act 1995*.
5 [* Reprint 2 as at 2 April 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 266.]
57. Section 2.29 amended
(1) Section 2.29(1) is amended by deleting "take an oath or
10 affirmation of allegiance and".
(2) Section 2.29(3) is amended by deleting "An oath, affirmation or
declaration" and inserting instead --
" A declaration ".
58. Section 2.32 amended
15 Section 2.32(c) is amended by deleting "take the oath or
affirmation, and make the declaration," and inserting instead --
" make the declaration ".
59. Section 2.42 amended
Section 2.42(1) is amended by deleting "taken an oath or
20 affirmation of allegiance and".
page 27
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 15 Mining Act 1978 amended
s. 60
Part 15 -- Mining Act 1978 amended
60. The Act amended in this Part
The amendments in this Part are to the Mining Act 1978*.
[* Reprinted as at 7 September 2001.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 294-5.]
61. Section 144 amended
Section 144 is amended as follows:
(a) by deleting paragraph (a) and inserting the following
10 paragraph instead --
"
(a) any person who, under the Oaths, Affidavits
and Statutory Declarations Act 2005, is an
authorised witness for an affidavit;
15 ";
(b) by inserting after paragraph (c) --
" or ";
(c) by deleting paragraph (d) and "or" after it.
62. Section 160D amended
20 Section 160D is amended as follows:
(a) by deleting paragraph (a) and inserting the following
paragraph instead --
"
(a) any person who, under the Oaths, Affidavits
25 and Statutory Declarations Act 2005, is an
authorised witness for an affidavit;
";
(b) by inserting after paragraph (b) --
" or ";
page 28
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Mining Act 1978 amended Part 15
s. 62
(c) by deleting paragraphs (c), (d) and (e) and "or" after
paragraph (e).
page 29
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Part 16 Various Acts amended
s. 63
Part 16 -- Various Acts amended
63. Various Acts amended
Each Act listed in Schedule 1 is amended as set out in that
Schedule below the short title of the Act.
page 30
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Amendments to various Acts Schedule 1
cl. 1
Schedule 1 -- Amendments to various Acts
[s. 63]
1. Administration Act 1903
s. 54(2) Delete "Commissioners of the Supreme Court" and insert
instead --
" the Principal Registrar ".
2. Adoption Act 1994
Sch. 1 cl. 2(1)(j) Delete the paragraph and insert instead --
"
(j) any person before whom a person may make a
statutory declaration under the Oaths, Affidavits
and Statutory Declarations Act 2005 or under the
Statutory Declarations Act 1959 of the
Commonwealth;
".
5 3. Agricultural Practices (Disputes) Act 1995
Sch. 1 cl. 7(7)(c) Delete ", affirmation or declaration required" and insert
instead --
" or affirmation required ".
4. Bills of Sale Act 1899
s. 8(1) Delete "misdemeanour, and shall be punishable as if he were
guilty of an offence under section 170 of The Criminal
Code." and insert instead --
"
crime and be liable to imprisonment for 5 years.
Summary conviction penalty: Imprisonment for
2 years or a fine of $8 000.
".
s. 9 Repeal the section.
page 31
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Schedule 1 Amendments to various Acts
cl. 5
5. Companies (Co-operative) Act 1943
s. 432 Delete "commissioner for taking affidavits in the Supreme
Court or commissioner for declarations" and insert
instead --
" any person who may witness a statutory declaration ".
6. Consumer Affairs Act 1971
s. 19(1a)(c)(iv) Delete "have the authority of a commissioner for
declarations." and insert instead --
" may witness a statutory declaration. ".
7. Criminal Law Amendment (Simple Offences) Act 2004
s. 2(7) Repeal the subsection.
s. 39 Repeal the section.
8. Education Service Providers (Full Fee Overseas Students)
5 Registration Act 1991
s. 32(2)(c)(iv) Delete "have the authority of a commissioner for
declarations." and insert instead --
" may witness a statutory declaration. ".
9. Finance Brokers Control Act 1975
s. 15(2)(c)(iv) Delete "have the authority of a commissioner for
declarations." and insert instead --
" may witness a statutory declaration. ".
10. Juries Act 1957
s. 56(2) Delete "sworn before a commissioner for affidavits or a
Justice of the Peace and".
11. Justices of the Peace Act 2004
Schedule 2 Delete "Act 2003" and insert instead --
" Act 2005 ".
page 32
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Amendments to various Acts Schedule 1
cl. 12
12. Petroleum Products Pricing Act 1983
s. 23(1)(b)(iii) Delete "has the authority of a Commissioner for
Declarations" and insert instead --
" may witness a statutory declaration ".
13. Public Notaries Act 1979
s. 13 Delete "some Commissioner duly appointed to take
affidavits therein" and insert instead --
"
a person prescribed for the purpose by rules made
under section 17
".
14. Prisons Act 1981
s. 9(3)(b)(ii) Delete "has the authority of a commissioner for
declarations." and insert instead --
" may witness a statutory declaration. ".
15. Real Estate and Business Agents Act 1978
s. 15(2)(c)(iv) Delete "have the authority of a commissioner for
declarations." and insert instead --
" may witness a statutory declaration. ".
5 16. Settlement Agents Act 1981
s. 15(2)(c)(iv) Delete "have the authority of a commissioner for
declarations." and insert instead --
" may witness a statutory declaration. ".
page 33
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Bill 2005
Schedule 1 Amendments to various Acts
cl. 17
17. Transfer of Land Act 1893
Second Schedule In each Schedule, delete "(The applicant if within the State
Fourth Schedule to sign before the Registrar or an Assistant Registrar or a
Twenty-eighth notary public, justice of the peace, commissioner for taking
Schedule affidavits in the Supreme Court of Western Australia or legal
practitioner; if out of the State, before a notary public, justice
of the peace, or a commissioner for taking affidavits in the
Supreme Court of Western Australia)." and insert instead --
"
[The applicant, if in the State, to sign before the
Registrar, an Assistant Registrar or any person who,
under the Oaths, Affidavits and Statutory
Declarations Act 2005, is an authorised witness for an
affidavit made in the State; if out of the State, to sign
before any person who, under that Act, is an
authorised witness for an affidavit made out of the
State.]
".
18. Veterinary Surgeons Act 1960
s. 16B(2)(c)(iv) Delete "have the authority of a commissioner for
declarations." and insert instead --
" may witness a statutory declaration. ".
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