pt 1 hdg ins 2022 SL No. 131 s 3
This regulation may be cited as the Oaths Regulation 2022.
In this regulation—officer-in-charge, of a police station, police establishment or watch-house, includes a police officer nominated by the officer-in-charge of the police station, police establishment or watch-house as the officer-in-charge of the police station, police establishment or watch-house during the officer-in-charge’s absence.relevant affidavit means each of the following types of affidavit—(a)an affidavit made by a police officer for use in a proceeding under the Bail Act 1980;(b)an affidavit made by a police officer for use in a proceeding under the Youth Justice Act 1992 in which a court is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody;(c)an affidavit made by a police officer about the giving of a document to a person where the document is required or permitted under an Act to be given to the person by a police officer;(d)an affidavit made by a police officer that forms part of a sworn application sent under the Police Powers and Responsibilities Act 2000, section 801(4)(a).senior police officer means—(a)an officer-in-charge of a police station, police establishment or watch-house; or(b)a watch-house manager; or(c)a police officer of or above the rank of sergeant.
pt 2 hdg ins 2022 SL No. 131 s 4
2APersons excluded from signing as substitute signatory in physical presence of signatory and witness [OA, s 31P]
(1)This section applies in relation to a substitute signatory if—(a)the substitute signatory is directed by a signatory in the signatory’s physical presence to sign an affidavit or a declaration for the signatory; and(b)the substitute signatory is to sign the affidavit or declaration in the physical presence of a witness.(2)Each of the following persons is excluded from signing the affidavit or declaration as a substitute signatory—(a)a person witnessing the affidavit or declaration;(b)if the affidavit or declaration is to be used in a proceeding by or for a party—a person who is another party to the proceeding or a relation of a person who is another party to the proceeding;(c)a person who would otherwise be excluded under a law from signing the affidavit or declaration as a signatory.(3)In this section—relation, of a person, see the Powers of Attorney Act 1998, schedule 3.s 2A ins 2022 SL No. 131 s 4
2BRequirements for witnessing signature of substitute signatory in physical presence of signatory and substitute signatory [OA, s 31R]
(1)This section applies if—(a)a substitute signatory is directed by a signatory in the signatory’s physical presence to sign an affidavit or a declaration for the signatory; and(b)the substitute signatory is to sign the affidavit or declaration in the physical presence of a witness.(2)The witness for the signing of the document must—(a)observe the signatory direct the substitute signatory to sign the affidavit or declaration; and(b)be satisfied that the substitute signatory is not excluded from signing the affidavit or declaration under section 2A; and(c)be satisfied that the signatory is freely and voluntarily directing the substitute signatory to sign the affidavit or declaration.s 2B ins 2022 SL No. 131 s 4
3Information witness must include on affidavit—Act, s 13E
For section 13E(d) of the Act, if the witness to the affidavit is a person prescribed under section 4, 6 or 8, the prescribed information is the witness’s rank.
4Prescribed persons for witnessing affidavits—Act, s 16A
For section 16A(1)(e) of the Act, a senior police officer is prescribed.
5Witnessing prescribed types of affidavits—Act, s 16A
For section 16A(2)(a) of the Act, a relevant affidavit is prescribed as the only type of affidavit that may be witnessed by a person prescribed under section 4.
6Persons prescribed as witness—Act, s 16C
For section 16C(2) of the Act, a senior police officer is prescribed as a person who may witness an affidavit under that section.
7Witnessing prescribed types of affidavits—Act, s 16C
For section 16C(3)(a) of the Act, a relevant affidavit is prescribed as the only type of document that may be witnessed by a person prescribed under section 6.
pt 3 hdg ins 2022 SL No. 131 s 5
8Persons prescribed as witness—Act, s 31S
For section 31S(1) of the Act, a senior police officer is prescribed.
9Prescribed types of documents—Act, s 31S
For section 31S(2)(a) of the Act, a relevant affidavit is prescribed as the only type of document that may be witnessed by a person prescribed under section 8.
10Prescribed condition—Act, s 31S
(1)This section prescribes, for section 31S(2)(a) of the Act, a condition for the witnessing, by a person prescribed under section 8, of an affidavit mentioned in section 2, definition relevant affidavit, paragraph (a) or (b).(2)The condition is that it is not reasonably practicable to witness the affidavit other than under section 31S of the Act.