Australian Capital Territory Numbered Regulations

PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 24

    (1)     An affidavit for use in a proceeding under the Act may be filed even if there is an irregularity in the affidavit's form unless the Magistrates Court or registrar otherwise orders.

    (2)     If there is an irregularity in an affidavit's form, the affidavit may be used in a proceeding under the Act only with the Magistrates Court's leave.

    (3)     If an affidavit to which the Oaths and Affirmations Act 1984 , section 19 (Affidavit by person unable to understand English) or section 20 (Affidavit by illiterate or blind person) applies does not contain the certificate mentioned in the section, the affidavit may be used in a proceeding under the Act only if the Magistrates Court is satisfied that—

        (a)     the affidavit was read out or translated to the person who made the affidavit; and

        (b)     the person appeared to understand the affidavit; and

        (c)     the person agreed to the affidavit.