Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p9
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 9/48)
Character Range: 34956–37574

whom the affidavit is sworn or affirmed.

1.33  Swearing or affirming affidavit by person who has disability etc.
 (1) If the deponent for an affidavit is illiterate, the person before whom the affidavit is sworn or affirmed must certify in or below the jurat that the affidavit was read to the deponent in the person's presence.
 (2) If the deponent for an affidavit is blind, the person before whom the affidavit is sworn or affirmed must certify in or below the jurat that the affidavit was read to the deponent in the person's presence.
 (3) However, subrule (2) does not apply if:
 (a) the deponent has read the affidavit by means of a computer with a screen reader, text‑to‑speech software or a Braille display; and
 (b) the affidavit includes a statement that:
 (i) the deponent is blind; and
 (ii) the deponent has read the affidavit; and
 (iii) specifies the means by which it was read.
 (4) If the deponent for an affidavit is, because of a physical disability, incapable of signing the affidavit, the person before whom the affidavit is sworn or affirmed must certify in or below the jurat that the deponent signified that the deponent swore or affirmed the affidavit.
 (5) If an affidavit:
 (a) is made by an illiterate deponent and does not include a certificate in accordance with subrule (1); or
 (b) is made by a blind deponent and does not include:
 (i) a certificate in accordance with subrule (2); or
 (ii) a statement in accordance with subrule (3);
the affidavit may be used only if the party seeking to use the affidavit satisfies the Court that the affidavit was read to the deponent.
 (6) If:
 (a) an affidavit is made by a deponent who is, because of a physical disability, incapable of signing the affidavit; and
 (b) the affidavit does not include a certificate in accordance with subrule (4);
the affidavit may be used only if the party seeking to use the affidavit satisfies the Court that the deponent signified that the deponent swore or affirmed the affidavit.

1.34  Service of exhibits and annexures
  Copies of any documents exhibited or annexed to an affidavit must be served with the affidavit.

1.35  Irregularity in form
  An affidavit may be accepted for filing despite an irregularity in form.

1.36  Serving of affidavits
  A party to criminal proceedings who is intending to use an affidavit must serve a copy of it on each other party to the proceedings:
 (a) at least 3 days before the occasion for using it arises; or
 (b) if it is not practicable to comply with paragraph (a)—as soon as practicable before the occasion for using it arises.
Note: The copy of the affidavit