Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where in any civil
or criminal proceeding, or in an inquiry or examination in any court or before
any person acting judicially the court or that person is satisfied that a
person who is tendered as a witness does not understand the nature of, or the
obligation imposed by, an oath or affirmation but does understand —
(a) that
he is required to speak the truth and, where the witness is a compellable
witness, to tell what he knows about the matter to which the testimony
relates; and
(b) that
he will be liable to punishment if he does not do so,
the evidence of that
person may be received without an oath and without formality.
(2) In taking into
account the weight and credibility that ought to be afforded to testimony
given by a witness otherwise than on oath or affirmation regard shall be had
to the manner and circumstances in which it is given and received and to the
fact that it was given without the sanction of an oath or affirmation.
[(3) deleted]
(4) Before evidence is
received pursuant to this section the court or person acting judicially shall
explain or cause to be explained to the person tendered as a witness that he
is required to speak the truth and, where the witness is a compellable
witness, to tell what he knows about the matter in question and that he will
be liable to punishment if he does not do so.
(5) A person who, in
giving evidence pursuant to this section, knowingly makes a false statement
material to the subject matter thereof is guilty of a crime and liable on
conviction to imprisonment for a term of not more than 5 years.
(6) References in this
section to —
(a) a
person who is tendered as a witness;
[(b) deleted]
extend to a child who
is of or over the age of 12 years and who is tendered as a witness; and
the provisions of this section have effect accordingly.
(7) Except as provided
in subsection (6), this section does not apply to a child, as defined in
section 106A.
(8) This section does
not apply to a person who is tendered as a witness and who has a mental
impairment, as that term is defined by section 8 of the Criminal Law
(Mentally Impaired Accused) Act 1996 .
[Section 100A inserted by No. 142 of
1976 s. 4; amended by No. 36 of 1992 s. 6; No. 70 of 2004
s. 82; No. 84 of 2004 s. 80; No. 24 of 2005 s. 46;
No. 2 of 2008 s. 43.]
[ 101. Deleted by No. 36 of 1992 s. 7.]