Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p52
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 52/154)
Character Range: 340079–342670

23 of the Evidence Act 1995 allow a witness in a proceeding to choose whether to take an oath or affirmation.
Note 2: Section 45 of the Act provides the persons before whom an affidavit may be sworn. See also section 186 of the Evidence Act 1995.

29.02  Form of affidavit
 (1) An affidavit must comply with Form 59 and be made in the first person.
 (2) The first visible page (being the first page, the cover page or the front cover page) must state:
 (a) the deponent's description; and
 (b) the date on which the affidavit was sworn.
Note: Description is defined in the Dictionary.
 (3) An affidavit must be divided into numbered paragraphs and, to the extent practicable, each paragraph must deal with a separate subject.
 (4) A document that accompanies an affidavit must be annexed to the affidavit unless the document is:
 (a) an original; or
 (b) of such dimensions that it cannot be annexed.
 (5) If paragraph (4)(a) or (b) applies, the document must be exhibited.
 (6) Each page, including any annexure, must be clearly and consecutively numbered starting with page '1'.
 (7) Each page of the affidavit (but not any annexure) must be signed by the deponent (other than a deponent who is unable to sign the affidavit because of a physical disability) and by the person before whom it is sworn.
 (8) Each annexure and exhibit must be identified on its first page by a certificate entitled in the same manner as the affidavit and by the deponent's initials followed by a number (starting with '1' for the first annexure or exhibit).
 (9) The annexures and exhibits must be numbered sequentially.
 (10) No subsequent annexure or exhibit in any later affidavit sworn by the same deponent may duplicate the number of a previous annexure or exhibit.
 (11) Each exhibit to an affidavit must be signed on the first page of the exhibit by the person before whom the affidavit is sworn.

29.03  Content of affidavits
 (1) An affidavit must not:
 (a) contain any scandalous material; or
 (b) contain any frivolous or vexatious material; or
 (c) be evasive or ambiguous; or
 (d) otherwise be an abuse of the process of the Court.
 (2) If an affidavit contains any of the material mentioned in subrule (1), a party may apply to the Court for an order that the affidavit, or a part of the affidavit, be removed from the Court file.

29.04  Swearing or affirming affidavit by person who has disability
 (1) If the deponent is illiterate, the person before whom the affidavit is sworn must certify in or below the jurat that the affidavit was read to the deponent, in the person's presence.
 (2) If