EVIDENCE (AFFIDAVITS) ACT 1928 TABLE OF PROVISIONS 1. Short title 2. Power of justice to take affidavits 2A. Power of members of police force to take affidavits 3. Judicial notice of signature of justice 4. Penalty for false swearing Legislative history EVIDENCE (AFFIDAVITS) ACT 1928 - LONG TITLE An Act to enable justices of the peace and other persons to take affidavits for use in any court. EVIDENCE (AFFIDAVITS) ACT 1928 - SECT 1 1--Short title This Act may be cited as the Evidence (Affidavits) Act 1928. EVIDENCE (AFFIDAVITS) ACT 1928 - SECT 2 2--Power of justice to take affidavits (1) Affidavits for use in any court of the State may be sworn before any justice without the issue of any commission for taking affidavits. (2) In this section-- "justice" means justice of the peace in and for the State of South Australia and includes any magistrate, by whatever name called, who is authorised to act as a justice of the peace in and for the said State. EVIDENCE (AFFIDAVITS) ACT 1928 - SECT 2A 2A--Power of members of police force to take affidavits (1) Affidavits for use in any court of the State may be sworn before a proclaimed member of the police force. (2) In this section-- "proclaimed member of the police force" means a member of the police force appointed to take declarations and attest the execution of instruments under Part 5 of the Oaths Act 1936. EVIDENCE (AFFIDAVITS) ACT 1928 - SECT 3 3--Judicial notice of signature of justice Judicial and official notice shall be taken by every court and every officer of a court of the signature of every person authorised by this Act to take affidavits, when such signature is contained in or subscribed to any affidavit purporting to be sworn before such person. EVIDENCE (AFFIDAVITS) ACT 1928 - SECT 4 4--Penalty for false swearing Any person who wilfully swears falsely in any affidavit sworn before any person authorised by this Act to take affidavits shall be guilty of perjury and may be prosecuted and punished accordingly. EVIDENCE (AFFIDAVITS) ACT 1928 - NOTES Legislative history Notes * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1928 1856 Evidence (Affidavits) Act 1928 4.10.1928 4.10.1928 1968 5 Evidence (Affidavits) Act Amendment Act 1968 19.9.1968 19.9.1968 1974 68 Evidence (Affidavits) Act Amendment Act 1974 17.10.1974 17.10.1974 1997 30 Statutes Amendment (References to Banks) Act 1997 12.6.1997 Pt 6 (s 8)--3.7.1997 (Gazette 3.7.1997 p4) 1998 59 Statutes Amendment (Attorney-General's Portfolio) Act 1998 3.9.1998 Pt 5 (s 9)--13.12.1998 (Gazette 3.12.1998 p1676) 2005 8 Oaths (Abolition of Proclaimed Managers) Amendment Act 2005 21.4.2005 Sch 1 (cl 1)--1.1.2007: s 2(2) Provisions amended since 3 February 1976 * Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 3 of The Public General Acts of South Australia 1837-1975 at page 823. New entries appear in bold. Provision How varied Commencement s 2A amended by 30/1997 s 8 3.7.1997 substituted by 59/1998 s 9 13.12.1998 s 2A(1) amended by 8/2005 Sch 1 cl 1(1) 1.1.2007 s 2A(2) substituted by 8/2006 Sch 1 cl 1(2) 1.1.2007 Historical versions Reprint No 1--3.7.1997 Reprint No 2--13.12.1998