Northern Territory Numbered Acts

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OATHS, AFFIDAVITS AND DECLARATIONS (CONSEQUENTIAL AMENDMENTS) ACT 2010 (NO 40 OF 2010)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Expiry  

   PART 2--AMENDMENT OF ACTS

           Division 1--Architects Act

   4.      Act amended  
   5.      Repeal and substitution of section 28  
   6.      Amendment of section 31 (Refusal to be sworn or give evidence)  

           Division 2--Biological Control Act

   7.      Act amended  
   8.      Repeal of section 42  
   9.      Amendment of section 43 (Refusal to be sworn or to answer questions)  

           Division 3--Building Act

   10.     Act amended  
   11.     Amendment of section 34N (Powers to compel evidence)  
   12.     Repeal and substitution of section 148  

           Division 4--Companies (Unclaimed Assets and Moneys) Act

   13.     Act amended  
   14.     Amendment of Schedule 2  

           Division 5--Coroners Act

   15.     Act amended  
   16.     Amendment of section 5 (Deputy coroners)  
   17.     Amendment of section 10 (Functions and powers of coroners' clerks)  
   18.     Amendment of section 41 (Coroner's powers at inquest)  
   19.     Amendment of Schedule 1  

           Division 6--Criminal Code

   20.     Act amended  
   21.     Amendment of section 85 (False assumption of authority)  
   22.     Amendment of section 95 (Corrupting or threatening jurors)  
   23.     Amendment of section 118 (False statements in statements required to be under oath or solemn declaration)  
   24.     Amendment of section 119 (False declarations and statements)  
   25.     Amendment of section 331A (Notice of expert evidence)  
   26.     Amendment of section 334 (Adjournment of trial)  
   27.     Amendment of section 341 (Separate trials where 2 or more charges against the same person)  
   28.     Amendment of section 350 (Separate trials)  
   29.     Amendment of section 352 (Accused person to be informed of his right of challenge)  
   30.     Amendment of section 353 (Challenge to array)  
   31.     Amendment of section 356 (Ascertainment of facts as to challenge)  
   32.     Amendment of section 358 (Jury to be sworn and informed of charge)  
   33.     Amendment of section 359 (Discharge of juror by court)  
   34.     Amendment of section 365 (Jury not to separate)  
   35.     Amendment of section 367 (View)  
   36.     Amendment of section 371 (Discharge of jury)  
   37.     Amendment of section 441 (Arrest without warrant)  

           Division 7--Electrical Workers and Contractors Act

   38.     Act amended  
   39.     Repeal and substitution of section 45D  
   40.     Amendment of section 45F (Refusal to be sworn or give evidence)  

           Division 8--Evidence Act

   41.     Act amended  
   42.     Amendment of section 49K (Administration of oaths and affirmations)  
   43.     Amendment of Fourth Schedule  

           Division 9--Inquiries Act

   44.     Act amended  
   45.     Repeal and substitution of section 10  
   46.     Amendment of section 12 (Refusal to be sworn or give evidence)  

           Division 10--Interpretation Act

   47.     Act amended  
   48.     Amendment of section 17 (Definitions)  
   49.     Repeal of section 33  
   50.     Amendment of section 70 (Powers of persons authorized to adjudicate)  

           Division 11--Juries Act

   51.     Act amended  
   52.     Amendment of section 8 (Payment of jury fee in civil cases)  
   53.     Amendment of section 13 (Impeachment of verdict of jury)  
   54.     Amendment of Part VII, heading  
   55.     Amendment of section 37 (Striking jury in criminal cases)  
   56.     Amendment of section 39 (Striking jury in civil cases)  
   57.     Amendment of section 58 (Oath by jurors)  
   58.     Amendment of section 59 (Oath of officer in charge of jury)  
   59.     Amendment of section 63 (Food and refreshment)  
   60.     Repeal of section 66  
   61.     Amendment of Schedule 6  

           Division 12--Justices Act

   62.     Act amended  
   63.     Amendment of section 28 (Proof by affidavit of service of process, handwriting, &c.)  
   64.     Amendment of section 188 (After summary finding of guilt or order habeas not to issue except on an affidavit writ to be returnable at least 4 days after issue, and notice to be given thereof)  
   65.     Amendment of Schedule 3  

           Division 13--Lands, Planning and Mining Tribunal Act

   66.     Act amended  
   67.     Amendment of section 14 (Evidence)  

           Division 14--Licensed Surveyors Act

   68.     Act amended  
   69.     Repeal and substitution of sections 54 and 55  
   70.     Amendment of section 57 (Refusal to be sworn or give evidence)  

           Division 15--Liquor Act

   71.     Act amended  
   72.     Amendment of section 51 (Procedure at hearing)  
   73.     Amendment of section 54 (Refusal to be sworn or give evidence)  

           Division 16--Local Court Act

   74.     Act amended  
   75.     Amendment of section 10 (Powers of Registrar)  
   76.     Amendment of section 30 (Witnesses to be examined on oath)  
   77.     Amendment of section 34 (Contempt)  

           Division 17--Local Government Act

   78.     Act amended  
   79.     Amendment of section 116 (Power to enter land or premises)  
   80.     Amendment of section 210 (Power of formal questioning)  
   81.     Amendment of section 218 (Evidentiary powers of commission)  
   82.     Amendment of section 236 (Witnesses)  

           Division 18--Mineral Royalty Act

   83.     Act amended  
   84.     Repeal and substitution of section 16  
   85.     Amendment of section 47 (Refusal to give evidence or produce documents)  

           Division 19--Mining Act

   86.     Act amended  
   87.     Amendment of section 146 (Proceedings)  
   88.     Amendment of section 157 (Affidavits)  

           Division 20--Northern Territory Employment and Training Act

   89.     Act amended  
   90.     Amendment of section 85 (Conduct of inquiry)  
   91.     Amendment of section 86 (Summons)  
   92.     Amendment of section 93 (Offences relating to inquiries)  

           Division 21--Petroleum Products Subsidy Act

   93.     Act amended  
   94.     Repeal and substitution of section 20  
   95.     Amendment of section 21  

           Division 22--Petroleum (Submerged Lands) Act

   96.     Act amended  
   97.     Repeal and substitution of section 116  

           Division 23--Price Exploitation Prevention Act

   98.     Act amended  
   99.     Amendment of section 12 (Failure to be sworn, produce documents or answer questions)  
   100.    Repeal of section 13  
   101.    Amendment of section 14 (Power to obtain information)  

           Division 24--Prisons (Arbitral Tribunal) Act

   102.    Act amended  
   103.    Repeal and substitution of sections 11L and 11M  
   104.    Amendment of section 11P (Penalty for refusing to be sworn or to give evidence)  

           Division 25--Prostitution Regulation Act

   105.    Act amended  
   106.    Amendment of section 39 (Power to summon witnesses, require production of documents, &c.)  

           Division 26--Public Notaries Act

   107.    Act amended  
   108.    Repeal and substitution of section 5  
   109.    Amendment of Schedule 1  

           Division 27--Supreme Court Act

   110.    Act amended  
   111.    Amendment of section 9 (Interpretation)  
   112.    Repeal and substitution of section 37  
   113.    Amendment of section 41J (Oath of office)  
   114.    Amendment of Schedule 1  
   115.    Amendment of Schedule 2  

           Division 28--Veterinarians Act

   116.    Act amended  
   117.    Amendment of section 32 (Procedure at inquiry)  

           Division 29--Other Acts

   118.    Amendment of other Acts  

   PART 3--AMENDMENT OF SUBORDINATE LEGISLATION

           Division 1--Corporations Law Rules

   119.    Rules amended  
   120.    Amendment of rule 11.10 (Default in relation to examination)  
   121.    Amendment of Schedule 1 (Forms)  
   122.    Amendment of Schedule 2 (Notes to these Rules)  

           Division 2--Crimes (Victims Assistance) Rules

   123.    Rules amended  
   124.    Amendment of Schedule (Forms)  

           Division 3--Criminal Property Forfeiture Regulations

   125.    Regulations amended  
   126.    Amendment of Schedule 3  

           Division 4--Fines and Penalties (Recovery) Regulations

   127.    Regulations amended  
   128.    Amendment of Schedule 5  

           Division 5--Health and Community Services Complaints Regulations

   129.    Regulations amended  
   130.    Amendment of Schedule 5  

           Division 6--Justices Regulations

   131.    Regulations amended  
   132.    Amendment of Schedule  

           Division 7--Local Court Rules

   133.    Rules amended  
   134.    Amendment of rule 4.06 (Service of summons)  
   135.    Amendment of rule 11.02 (Affidavit or declaration required)  
   136.    Amendment of rule 16.01 (Party to give discovery)  
   137.    Amendment of rule 22.01 (Form of affidavit)  
   138.    Amendment of rule 22.03 (Affidavit by multiple deponents)  
   139.    Amendment of rule 22.04 (Affidavit by person unable to read)  
   140.    Amendment of rule 22.05 (Affidavit by person unable to write)  
   141.    Amendment of rule 22.06 (Affidavit by person unable to understand English)  
   142.    Amendment of rule 22.08 (Annexures and exhibits)  
   143.    Amendment of rule 22.10 (Alterations)  
   144.    Amendment of rule 22.12 (Affidavit sworn before party, &c.)  
   145.    Amendment of rule 22.13 (Affidavit sworn before commencement of proceeding)  
   146.    Amendment of rule 23.08 (Expenses and losses incurred complying with summons)  
   147.    Amendment of Schedule 1 (Forms)  

           Division 8--Local Court (Adoption of Children) Rules

   148.    Rules amended  
   149.    Amendment of rule 3 (Interpretation)  
   150.    Amendment of rule 5 (Declaration in support of application)  
   151.    Amendment of rule 6 (Filing of application and declaration)  
   152.    Amendment of rule 7 (Appearance)  
   153.    Amendment of rule 8 (Service)  

           Division 9--Marine (Hire-and-Drive Vessel) Regulations

   154.    Regulations amended  
   155.    Amendment of Schedule  

           Division 10--Prostitution Regulations

   156.    Regulations amended  
   157.    Amendment of Schedule 2  

           Division 11--Small Claims Rules

   158.    Rules amended  
   159.    Amendment of rule 12.02 (Affidavit or statutory declaration required)  
   160.    Amendment of rule 15.02 (Form of affidavit or statutory declaration)  
   161.    Amendment of Schedule 1 (Forms)  

           Division 12--Status of Children Regulations

   162.    Regulations amended  
   163.    Amendment of Schedule  

           Division 13--Supreme Court Rules

   164.    Rules amended  
   165.    Amendment of rule 1.15 (Signature of solicitor)  
   166.    Amendment of rule 31.08 (Powers of examiner)  
   167.    Amendment of rule 41.10 (Default of witness)  
   168.    Amendment of rule 43.01 (Form of affidavit)  
   169.    Amendment of rule 43.02 (Affidavit by illiterate or blind person)  
   170.    Amendment of rule 43.04 (Affidavit by 2 or more deponents)  
   171.    Amendment of rule 43.05 (Alterations)  
   172.    Amendment of rule 43.06 (Annexures and exhibits)  
   173.    Amendment of rule 43.07 (Time for swearing)  
   174.    Amendment of rule 43.10 (Affidavit sworn before party)  
   175.    Amendment of rule 44.05 (Expert witnesses giving evidence on same or similar question)  
   176.    Amendment of rule 48.23 (Proceedings commenced in Alice Springs)  
   177.    Amendment of rule 48.24 (Other proceedings)  
   178.    Amendment of rule 68.04 (Issue of warrant of execution)  
   179.    Amendment of rule 88.23 (Evidence and documents in applications for probate)  
   180.    Amendment of rule 88.24 (Evidence and documents in applications for administration)  
   181.    Amendment of Schedule 1  
   182.    Amendment of Schedule 2  

           Division 14--Volatile Substance Abuse Prevention Regulations

   183.    Regulations amended  
   184.    Amendment of Schedule  

           Division 15--Work Health Court Rules

   185.    Rules amended  
   186.    Amendment of rule 6.06 (Evidence by affidavit)  
   187.    Amendment of rule 12.03 (Affidavit verifying list of documents)  
   188.    Amendment of rule 15.07 (Application for commutation)  
   189.    Amendment of rule 17.01 (Form of affidavit)  
   190.    Amendment of rule 17.02 (Affidavit by multiple deponents)  
   191.    Amendment of rule 17.03 (Affidavit by person unable to read)  
   192.    Amendment of rule 17.04 (Affidavit by person unable to write)  
   193.    Amendment of rule 17.05 (Affidavit by person unable to understand English)  
   194.    Amendment of rule 17.07 (Annexures and exhibits)  
   195.    Amendment of rule 17.09 (Alterations)  
   196.    Amendment of rule 17.11 (Affidavit sworn before party, &c.)  
   197.    Amendment of rule 17.12 (Affidavit sworn before commencement of proceeding)  
   198.    Amendment of rule 19.08 (Expenses and losses incurred complying with summons)  
   199.    Amendment of Schedule (Forms)  

           Division 16--Youth Justice Regulations

   200.    Regulations amended  
   201.    Amendment of Schedule 2 (Forms)  

           Division 17--Other subordinate legislation

   202.    Amendment of other subordinate legislation  
           SCHEDULE 1
           SCHEDULE 2


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