PART 1 AMENDMENT OF OATHS AND
DECLARATIONS ACT 2000 |
2. In the Oaths and Declarations Act 2000 (called in this Part the principal Act), after section 7, insert —| “Oath or affirmation through remote communication modalities |
7A. Subject to the Rules of Court or any other written law, where an oath under section 4 is required to be taken and administered, or an affirmation in lieu thereof under section 5 is required to be made and administered, then any requirement in section 4 or 5 for the person taking the oath or making the affirmation to appear before the court or person acting judicially is deemed satisfied if —| (a) | the person taking the oath or making the affirmation, and the court or person administering the oath or affirmation, do so in accordance with prescribed requirements through any electronic means of communication created by remote communication technology as set out in the Third Schedule; and | | (b) | the electronic means of communication allows the court or person acting judicially (as the case may be) to —| (i) | communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; | | (ii) | confirm the identity of the person taking the oath or making the affirmation, and any interpreter present; and | | (iii) | if the oath or affirmation is to be subscribed, verify by inspection the oath or affirmation to be subscribed.”. |
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3. In the principal Act, in section 11, after subsection (1), insert —“(1A) The requirement in subsection (1)(b) for a person (called in this section and section 11A the declarant) to appear before a court, a person acting judicially, or a prescribed person for the purposes of making a statutory declaration in Singapore, is deemed satisfied if —| (a) | the declarant makes the statutory declaration, and the court, person acting judicially or prescribed person (as the case may be) takes or receives the statutory declaration, in Singapore in accordance with prescribed requirements through any electronic means of communication created by remote communication technology as set out in the Third Schedule; and | | (b) | the electronic means of communication allows the court, person acting judicially or prescribed person (as the case may be) to —| (i) | communicate with the declarant, and any interpreter present, throughout the process; | | (ii) | confirm the identity of the declarant and any interpreter present; and | | (iii) | verify by inspection the document to be sworn and signed by the declarant. |
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(1B) For the purposes of subsection (1A), a statutory declaration is made, taken or received in Singapore only if all the following persons are in Singapore when the statutory declaration is made, taken or received:| (a) | the declarant; | | (b) | the court, person acting judicially or prescribed person, as the case may be.”. |
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4. In the principal Act, after section 11, insert —| “Electronic signature for statutory declarations |
11A.—(1) Despite anything in section 8 of the Electronic Transactions Act 2010, where a rule of law requires a statutory declaration to be signed, or provides for certain consequences if a statutory declaration is not signed, that requirement is satisfied in relation to a statutory declaration in the form of an electronic record if a prescribed electronic signature is applied by —| (a) | the declarant; and | | (b) | the court, person acting judicially or prescribed person, as the case may be. |
| (2) Different types of electronic signature may be prescribed in respect of the different categories of persons mentioned in subsection (1). |
| (3) Subsection (1) does not affect any other written law that provides for the type of electronic signature to be used for signing a statutory declaration in the form of an electronic record for the purposes of that written law. |
| (4) In this section, “electronic signature” means an electronic signature that satisfies section 8 of the Electronic Transactions Act 2010. |
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| Validation of statutory declarations sworn through live video link or live television link |
11B.—(1) This section applies to any statutory declaration purportedly made before the date of commencement of section 3 of the Oaths, Declarations and Notarisations (Remote Methods) Act 2023 (called in this section the appointed date) before a court, person acting judicially or prescribed person through a live video link or live television link, that was not specifically provided under any written law.| (2) A statutory declaration mentioned in subsection (1) is taken to have been validly made as if section 11(1A) were in force at the material time, if excluding the prescribed requirements mentioned in section 11(1A), the statutory declaration would have been validly made had it been made on the appointed date; and no legal proceedings may be instituted on or after that date on account of the statutory declaration having been purportedly made through a live video link or live television link. |
| (3) However, a person is not to be punished for an act or omission committed before the appointed date that, but for subsection (2), would not have been an offence.”. |
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5. In the principal Act, in section 15, after subsection (2), insert —“(2A) To avoid doubt, where an oath is required to be tendered to and taken under subsection (1) or (2), or an affirmation in lieu thereof is to be made under section 16, a person may take the oath or make the affirmation by appearing before the person administering the oath or affirmation through a live video link or live television link created using a remote communication technology that allows the person administering the oath or affirmation to —| (a) | maintain visual contact and communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; | | (b) | confirm the identity of the person taking the oath or making the affirmation, and any interpreter present; and | | (c) | if the oath or affirmation is to be subscribed, verify by inspection the oath or affirmation to be subscribed.”. |
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6. In the principal Act, after the Second Schedule, insert —| Sections 7A, 11(1A) and 18 |
| REMOTE COMMUNICATION MODALITIES |
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