200JWitness to be sworn

1. Every witness must be sworn by a member in the form and manner prescribed by the Chief of Defence Force before giving evidence.

2. If a court of inquiry 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 court is of the opinion that the child—

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

5. If any person referred to in subsection (1) 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.

6. The making of an affirmation under subsection (3) has the same force and effect, and has the same consequences, as the taking of an oath.