Section 20 Oaths Act 1900 | Administering Oath Without Lawful Authority


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The Legislation

Section 20 of the Oaths Act 1900 (NSW) is the criminal offence of Administering Oath Without Lawful Authority and is extracted below.

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20 Abolition of extra judicial oaths

(1) It shall not be lawful for any justice of the peace or other person to administer or cause or allow to be received any oath or affidavit touching any matter or thing whereof such justice or other person has not jurisdiction or cognisance by some Act or Imperial Act in force at the time being, and any person who does so without lawful authority is liable to imprisonment for 2 years.

(2) Provided that nothing in this section contained shall be construed to extend to:
(a) any oath or affidavit before any Judge or Magistrate in any matter or thing touching the preservation of the peace, or the prosecution, trial, or punishment of offences, or
(b) any inquiry held before any Magistrate in the nature of coroners’ inquests respecting sudden deaths, or
(c) any proceeding before either House of Parliament or a committee thereof, or
(d) any oath or affidavit required by the laws of any foreign or other country out of New South Wales to give validity to instruments in writing designed to be used in foreign or other countries respectively, or
(e) any declaration under this Part.