Section 23 — Evidence Act 1995 (Cth)

Choice of oath or affirmation

(1) A person who is to be a witness or act as an interpreter in a proceeding may choose whether to take an oath or make an affirmation.

(2) The court is to inform the person that he or she has this choice.

(3) The court may direct a person who is to be a witness to make an affirmation if:

(a) the person refuses to choose whether to take an oath or make an affirmation; or

(b) it is not reasonably practicable for the person to take an appropriate oath.

Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 20 — Comment on failure to give evidence
s 21 — Sworn evidence of witnesses to be on oath or affirmation
s 22 — Interpreters to act on oath or affirmation
s 24 — Requirements for oaths
s 26 — Court’s control over questioning of witnesses
s 27 — Parties may question witnesses

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