Criminal Legislations

Section 33 Oaths Act 1900 | False Statement


Section 33 of the Oaths Act 1900 (NSW) is the criminal offence of False Statement and is extracted below.

For accurate advice and outstanding representation for False Statement, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer.

The Legislation

33 False statements

(1) Any person who, having made an affidavit under section 32, wilfully makes a false statement in the affidavit, knowing the statement to be false, is taken to be guilty of perjury if the making of the statement, had it been on oath, would by law have been perjury.

(2) No prosecution for an offence referred to in subsection (1) is to be commenced without the sanction of the Attorney General.

Section 34 Oaths Act 1900 | Certifying Declaration Without Identifying Maker


Section 34 of the Oaths Act 1900 (NSW) is the criminal offence of Certifying Declaration Without Identifying Maker and is extracted below.

For accurate advice and outstanding representation for Certifying Declaration Without Identifying Maker, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer.

The Legislation

34 Identification of person making statutory declaration or affidavit

(1) A person who takes and receives a statutory declaration or affidavit in this State (an “authorised witness”):
(a) must see the face of the person making the declaration or affidavit, and
(b) must know the person who makes the declaration or affidavit or confirm the person’s identity in accordance with the regulations, and
(c) must certify on the declaration or affidavit in accordance with the regulations that this section has been complied with.
Maximum penalty (on summary conviction before the Local Court): 2 penalty units.

(2) An authorised witness may request a person who is seeking to make a statutory declaration or affidavit to remove so much of any face covering worn by the person as prevents the authorised witness from seeing the person’s face.

(3) The regulations may make provision for or with respect to compliance with this section and, in particular, may:
(a) provide that a person is not known to an authorised witness unless the authorised witness has known the person for a minimum specified period, and
(b) provide for the steps that will satisfy the requirement to confirm the identity of a person making a statutory declaration or affidavit (including prescribing the kinds of documentation that may or must be relied on for that purpose), and
(c) exempt an authorised witness from the requirement to comply with subsection (1) (a) for medical or other reasons.

(4) A failure to comply with this section does not affect the validity of any statutory declaration or affidavit.

(5) In this section:”face” and “face covering” have the same meanings as they have in the Law Enforcement (Powers and Responsibilities) Act 2002.

Section 30 Oaths Act 1900 | Untrue Document Purporting to be Affidavit


Section 30 of the Oaths Act 1900 (NSW) is the criminal offence of Untrue Document Purporting to be Affidavit and is extracted below.

For accurate advice and outstanding representation for Untrue Document Purporting to be Affidavit, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer.

The Legislation

30 Untrue document purporting to be affidavit

Where a person wilfully makes and subscribes a document that purports to be, but is not, an affidavit taken and received in accordance with the requirements of section 11A, knowing it to be untrue in a material particular not related to any requirement or formality necessary for the making of an affidavit, that person is guilty of an offence and:

(a) upon conviction on indictment–liable to imprisonment for 5 years, or (b) upon conviction by the Local Court–liable to a penalty not exceeding 5 penalty units or imprisonment for a term not exceeding six months.

Section 29 Oaths Act 1900 | Swearing Falsely in Affidavits


Section 29 of the Oaths Act 1900 (NSW) is the criminal offence of Swearing Falsely in Affidavits and is extracted below.

For accurate advice and outstanding representation for Swearing Falsely in Affidavits, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer. 29 Penalty for swearing falsely in affidavits

The Legislation

Except as provided by section 33, every person wilfully swearing falsely in any affidavit made before any such justice of the peace or other person so authorised to take affidavits, shall be deemed guilty of perjury and shall incur and be liable to the same pains and penalties as if the person had wilfully sworn falsely in open Court in a judicial proceeding in the Supreme Court.

Section 25A Oaths Act 1900 | False Declaration for Material Benefit


Section 25A of the Oaths Act 1900 (NSW) is the criminal offence of False Declaration for Material Benefit and is extracted below.

For accurate advice and outstanding representation for False Declaration for Material Benefit, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer.

The Legislation

25A False declaration for material benefit

In all cases where by this Part, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration:

(a) is substituted in lieu of an oath or affidavit, or
(b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,
any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, and who derives or attempts to derive a material benefit as a consequence of the untrue particular is guilty of an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

Section 25 Oaths Act 1900 | False Declaration


Section 25 of the Oaths Act 1900 (NSW) is the criminal offence of False Declaration and is extracted below.

For accurate advice and outstanding representation for False Declaration, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer.

The Legislation

25 False declaration

In all cases where by this Part, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration:

(a) is substituted in lieu of an oath or affidavit, or
(b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit,
any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, shall be guilty of an indictable offence and liable to imprisonment for 5 years.

Section 20 Oaths Act 1900 | Administering Oath Without Lawful Authority


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

For accurate advice and outstanding representation for Administering Oath Without Lawful Authority, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer.

The Legislation

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.

Section 11 Oaths Act 1900 | Not Taking Required Oath


Section 11 of the Oaths Act 1900 (NSW) is the criminal offence of Not Taking Required Oath and is extracted below.

For accurate advice and outstanding representation for Not Taking Required Oath, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer.

The Legislation

11 Penalty on not taking required oath

(1) If any such officer as aforesaid liable to take any such oath declines or neglects when the same is duly tendered to take such oath, the officer shall, if the officer has already entered on his or her office, vacate the same, and if the officer has not entered on the same be disqualified from so doing.

(2) But no person shall be compelled in respect of the same appointment to the same office to take such oath more than once.

Oaths Act 1900 (NSW)


Oaths are integral to the effective administration of justice in New South Wales.

Any improper or dishonest conduct relating to oaths is therefore treated very seriously by the criminal justice system.

The Oaths Act 1900 (NSW) prescribes a range of criminal offences for improperly making and administering oaths, affirmations, declarations and affidavits.

Those offences attract harsh penalties, including prison.

If you are charged with an offence under the Oaths Act, it is important to obtain advice and representation from criminal lawyers who are experienced in defending these types of cases.

For a strong defence against charges brought under the Oaths Act, call Sydney Criminal Lawyers® today on 02 9261 8881 for a free first conference with a specialist criminal defence lawyer.

Click on the appropriate link below to read the relevant section of the Oaths Act.

Section 11 Oaths Act 1900 | Not Taking Required Oath

20 Oaths Act 1900 | Administering Oath Without Lawful Authority

Section 21A Oaths Act 1900 | Taking and Receiving Statutory Declaration Without Authority

Section 25 Oaths Act 1900 | False Declaration

Section 25A Oaths Act 1900 | False Declaration for Material Benefit

Section 29 Oaths Act 1900 | Swearing Falsely in Affidavits

Section 30 Oaths Act 1900 | Untrue Document Purporting to be Affidavit

Section 33 Oaths Act 1900 | False Statement

Section 34 Oaths Act 1900 | Certifying Declaration Without Identifying Maker

Section 21A Oaths Act 1900 | Taking and Receiving Statutory Declaration Without Authority


Section 21A of the Oaths Act 1900 (NSW) is the criminal offence of Taking and Receiving Statutory Declaration Without Authority and is extracted below.

For accurate advice and outstanding representation for Taking and Receiving Statutory Declaration Without Authority, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment with an experienced defence lawyer.

The Legislation

21A Penalty for taking and receiving statutory declaration without authority

(1) Any person who, not being by law authorised to take and receive a statutory declaration:
(a) falsely pretends to be so authorised, or
(b) takes and receives a statutory declaration,
shall be guilty of an offence against this section.

(2) Any person who takes and receives a statutory declaration in any capacity in which the person is not by law authorised to act shall be guilty of an offence against this section.

(3) Any person who is guilty of an offence against this section shall on summary conviction before the Local Court be liable to imprisonment for a term not exceeding twelve months or to a penalty not exceeding 2 penalty units.