Clause 18

in section 87, after subsection (6), insert —“(7) To avoid doubt, where an oath or affirmation is required to be taken or administered under subsection (1) or (2), 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 —

maintain visual contact and communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and

confirm the identity of the person taking the oath or making the affirmation, and any interpreter present.”; and

in section 128, after subsection (4), insert —“(5) To avoid doubt, where an oath or affirmation of allegiance is required to be taken under subsection (1), the president of the Military Court of Appeal may take the oath or make the affirmation by appearing before the Chief Justice through a live video link or live television link created using a remote communication technology that allows the Chief Justice to —

maintain visual contact and communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and

confirm the identity of the person taking the oath or making the affirmation, and any interpreter present.”.

in the following provisions, replace “Schedule” with “First Schedule”:Section 4Section 61(1) and (2)Section 79A(1)Section 178(1) and (2);

in section 61, in the section heading, replace “Schedule” with “First Schedule”;

in section 87, after subsection (7) (as inserted by subsection (1)(a)), insert —“(8) Where an oath or affirmation is required to be administered under subsection (3), (4) or (5), any requirement in any of those subsections for the person taking the oath or making the affirmation to appear before the person administering the oath or affirmation is deemed satisfied if —

the person taking the oath or making the affirmation, and the person administering the oath or affirmation, do so in accordance with any requirements that may be prescribed through any electronic means of communication created by remote communication technology as set out in the Second Schedule; and

the electronic means of communication allows the person administering the oath or affirmation to —

communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and

confirm the identity of the person taking the oath or making the affirmation, and any interpreter present.”;

in section 128, after subsection (5) (as inserted by subsection (1)(b)), insert —“(6) Where an oath or affirmation is required to be administered under subsection (2) or (3), any requirement in subsection (2) or (3) for the person taking the oath or making the affirmation to appear before the president of the Military Court of Appeal is deemed satisfied if —

the person taking the oath or making the affirmation, and the president of the Military Court of Appeal, do so in accordance with any requirements that may be prescribed through any electronic means of communication created by remote communication technology as set out in the Second Schedule; and

the electronic means of communication allows the president of the Military Court of Appeal to —

communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and

confirm the identity of the person taking the oath or making the affirmation, and any interpreter present.”;

after section 207, insert —“Amendment of Second Schedule207A.—

The Armed Forces Council may, by order in the Gazette, amend the Second Schedule.(2) All orders made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.”;

rename the Schedule as the First Schedule; (g)in the First Schedule (as renamed by paragraph (f)), in the Schedule reference, replace “and 178” with “, 79A(1) and 178”; and

after the First Schedule, insert —“SECOND SCHEDULESections 87(8), 128(6) and 207A(1)REMOTE COMMUNICATION MODALITIES FOR TAKING OATHS OR AFFIRMATIONS1.Live video link2.Live television link”.