This regulation may be cited as the Oaths Amendment Regulation 2024.
This regulation commences on 3 February 2025.
This regulation amends the Oaths Regulation 2022.
4Amendment of s 2 (Definitions for regulation)
(1)Section 2, heading, ‘for regulation’—
omit.(2)Section 2, definition relevant affidavit—
omit.(3)Section 2—
insert—relevant affidavit means an affidavit made by a police officer in the course of the police officer’s duty.relevant declaration means a declaration made by a police officer in the course of the police officer’s duty.
5Insertion of new pt 2, div 1, hdg
Before section 3—
insert—
6Replacement of s 3 (Information witness must include on affidavit—Act, s 13E)
Section 3—
omit, insert—3Information witness must include on affidavit or declaration
For section 13E(3)(b) of the Act, if the witness to the affidavit or declaration is a person prescribed under section 4, 5B, 6 or 8, the prescribed information is the witness’s rank or position.
7Insertion of new pt 2, div 2, hdg
After section 3—
insert—
8Amendment of s 4 (Prescribed persons for witnessing affidavits—Act, s 16A)
Section 4, ‘16A(1)’—
omit, insert—16A(1)(e)
After section 5—
insert—5APrescribed condition for witnessing affidavits—Act, s 16A
(1)For section 16A(2)(a) of the Act, this section prescribes a condition for the witnessing, by a person prescribed under section 4, of a type of affidavit prescribed under section 5.(2)The condition is that the person must not be directly involved in the matter to which the contents of the affidavit relates.
10Insertion of new pt 2, div 3 and div 4, hdg
After section 5A, as inserted by this regulation—
insert—5BPrescribed persons for witnessing declarations—Act, s 16B
For section 16B(1)(d) of the Act, a senior police officer is prescribed.5CWitnessing prescribed types of declarations—Act, s 16B
For section 16B(2)(a) of the Act, a relevant declaration is prescribed as the only type of declaration that may be witnessed by a person prescribed under section 5B.5DPrescribed condition for witnessing declarations—Act, s 16B
(1)For section 16B(2)(a) of the Act, this section prescribes a condition for the witnessing, by a person prescribed under section 5B, of a type of declaration prescribed under section 5C.(2)The condition is that the person must not be directly involved in the matter to which the contents of the declaration relates.
11Amendment of s 6 (Persons prescribed as witness—Act, s 16C)
Section 6, after ‘affidavit’—
insert—or declaration
12Amendment of s 7 (Witnessing prescribed types of affidavits—Act, s 16C)
(1)Section 7, heading, after ‘affidavits’—
insert—and declarations
(2)Section 7, from ‘is prescribed’ to ‘document’—
omit, insert—and a relevant declaration are prescribed as the only types of documents
After section 7—
insert—7APrescribed condition—Act, s 16C
(1)For section 16C(3)(a) of the Act, this section prescribes a condition for the witnessing, by a person prescribed under section 6, of a type of affidavit or declaration prescribed under section 7.(2)The condition is that the person must not be directly involved in the matter to which the contents of the affidavit or declaration relates.
14Amendment of s 9 (Prescribed types of documents—Act, s 31S)
Section 9, from ‘is prescribed’ to ‘document’—
omit, insert—and a relevant declaration are prescribed as the only types of documents
15Replacement of s 10 (Prescribed condition—Act, s 31S)
Section 10—
omit, insert—(1)For section 31S(2)(a) of the Act, this section prescribes conditions for the witnessing, by a person prescribed under section 8, of a type of affidavit or declaration prescribed under section 9.(2)The conditions are that—(a)the person must not be directly involved in the matter to which the contents of the affidavit or declaration relates; and(b)it is not reasonably practicable to witness the affidavit or declaration other than under section 31S of the Act.