117ZLTaking of evidence on oath

1. In proceedings before—

2. a disciplinary officer, oral evidence must not be given on oath unless the accused so requires:
3. the Summary Appeal Court, oral evidence must be given on oath.

4. For the purposes of subsection (1)(a), if the accused requires the oral evidence to be given on oath, all witnesses who are to give evidence orally in the proceedings (including the accused if he or she gives evidence orally) must be sworn.

5. However, if the disciplinary officer or Summary Appeal Court considers that a child who is called as a witness does not understand the nature of an oath, the child’s evidence may be received even though it is not given on oath so long as the officer or court is of the opinion that the child—

6. has sufficient intelligence to justify the reception of the evidence; and
7. understands the duty of speaking the truth.

8. If any person referred to in subsection (1) or (2) objects to being sworn or it is not reasonably practicable to administer an oath to that person in a manner appropriate to his or her religious belief, the person may be permitted to make a solemn affirmation instead of swearing an oath.

9. The making of an affirmation under subsection (4) has the same force and effect and has the same consequences as the taking of an oath.

10. Every oath or affirmation required to be administered under this Part or Part 5A must be administered in accordance with the rules of procedure.