Subpart 2—Oaths and affirmations

77 Witnesses to give evidence on oath or affirmation

(1)

A witness in a proceeding who is of or over the age of 12 years must take an oath or make an affirmation before giving evidence.

(2)

A witness in a proceeding who is under the age of 12 years—

(a)

must be informed by the Judge of the importance of telling the truth and not telling lies; and

(b)

must, after being given that information, make a promise to tell the truth, before giving evidence.

(3)

Evidence given by a witness to whom subsection (2) applies must be treated in the same manner as if that evidence had been given on oath.

(4)

Despite subsections (1) and (2), a witness—

(a)

to whom either of those subsections applies may give evidence without taking an oath, or making an affirmation, or making a promise to tell the truth, with the permission of the Judge; and

(b)

if the Judge gives permission under paragraph (a), must be informed by the Judge of the importance of telling the truth and not telling lies, before the witness gives evidence; and

(c)

after being given the information referred to in paragraph (b), may give evidence that must be treated in the same manner as if that evidence had been given on oath.