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SR 2004 No. 262 Regulations as made
These Regulations amend the Statutory Declaration Regulations 1993.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled Senate30-Aug-2004
Tabled HR16-Nov-2004
Gazetted 26 Aug 2004
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Statutory Declarations Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 2622

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Statutory Declarations Act 1959.

Dated 19 August 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK


1              Name of Regulations

                These Regulations are the Statutory Declarations Amendment Regulations 2004 (No. 1).

2              Commencement

                These Regulations commence on the commencement of items 55 and 56 of Schedule 1 to the Law and Justice Legislation Amendment Act 2004.

3              Amendment of Statutory Declarations Regulations 1993

                Schedule 1 amends the Statutory Declarations Regulations 1993.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 3

substitute

3              Statutory declaration — prescribed form

         (1)   For paragraph 8 (a) of the Act, each of the following forms is prescribed:

                (a)    the form set out in Schedule 1;

               (b)    the form set out in the Schedule to the Act, as in force immediately before the commencement of items 55 and 56 of Schedule 1 to the Law and Justice Legislation Amendment Act 2004.

         (2)   Paragraph (1) (b) ceases to have effect at the end of 31 December 2005.

4              Persons before whom a statutory declaration may be made

                For paragraph 8 (b) of the Act, each of the following persons is prescribed:

                (a)    a person who, under a law in force in a State or Territory, is currently licensed or registered to practise in an occupation listed in Part 1 of Schedule 2;

               (b)    a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described);

                (c)    a person listed in Part 2 of Schedule 2.

[2]           Schedule

substitute

Schedule 1        Form of statutory declaration

(regulation 3)

 

STATUTORY DECLARATION

 

Statutory Declarations Act 1959

 

I, [Name, address and occupation of person making the declaration] make the following declaration under the Statutory Declarations Act 1959:

 

1.         [Set out matter declared to in numbered paragraphs]

 

2.

 

3.

 

 

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

 

 

 

 

[Signature of person making the declaration]

 

 

 

Declared at   [place]  on   [day]  of  [month]  [year]

 

 

Before me,

 

[Signature of person before whom the declaration is made]

 

[Full name, qualification and address of person before whom the declaration is made (in printed letters)]

Note 1   A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years — see section 11 of the Statutory Declarations Act 1959.

Note 2   Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 — see section 5A of the Statutory Declarations Act 1959.

Schedule 2        Persons before whom a statutory declaration may be made

(regulation 4)

Part 1          Occupations

 

Item

Occupation

101

Chiropractor

102

Dentist

103

Legal practitioner

104

Medical practitioner

105

Nurse

106

Optometrist

107

Patent attorney

108

Pharmacist

109

Physiotherapist

110

Psychologist

111

Trade marks attorney

112

Veterinary surgeon

Part 2          Other persons

 

Item

Person

201

Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

202

Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)

203

Bailiff

204

Bank officer with 5 or more continuous years of service

205

Building society officer with 5 or more years of continuous service

206

Chief executive officer of a Commonwealth court

207

Clerk of a court

208

Commissioner for Affidavits

209

Commissioner for Declarations

210

Credit union officer with 5 or more years of continuous service

211

Employee of the Australian Trade Commission who is:

   (a)  in a country or place outside Australia; and

  (b)  authorised under paragraph 3 (d) of the Consular Fees Act 1955; and

   (c)  exercising his or her function in that place

212

Employee of the Commonwealth who is:

   (a)  in a country or place outside Australia; and

  (b)  authorised under paragraph 3 (c) of the Consular Fees Act 1955; and

   (c)  exercising his or her function in that place

213

Fellow of the National Tax Accountants’ Association

214

Finance company officer with 5 or more years of continuous service

215

Holder of a statutory office not specified in another item in this Part

216

Judge of a court

217

Justice of the Peace

218

Magistrate

219

Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961

220

Master of a court

221

Member of Chartered Secretaries Australia

222

Member of Engineers Australia, other than at the grade of student

223

Member of the Association of Taxation and Management Accountants

224

Member of the Australian Defence Force who is:

   (a)  an officer; or

  (b)  a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or

   (c)  a warrant officer within the meaning of that Act

225

Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants

226

Member of:

   (a)  the Parliament of the Commonwealth; or

  (b)  the Parliament of a State; or

   (c)  a Territory legislature; or

  (d)  a local government authority of a State or Territory

227

Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961

228

Notary public

229

Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public

230

Permanent employee of:

   (a)  the Commonwealth or a Commonwealth authority; or

  (b)  a State or Territory or a State or Territory authority; or

   (c)  a local government authority;

with 5 or more years of continuous service who is not specified in another item in this Part

231

Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made

232

Police officer

233

Registrar, or Deputy Registrar, of a court

234

Senior Executive Service employee of:

   (a)  the Commonwealth or a Commonwealth authority; or

  (b)  a State or Territory or a State or Territory authority

235

Sheriff

236

Sheriff’s officer

237

Teacher employed on a full-time basis at a school or tertiary education institution

Notes

1.       These Regulations amend Statutory Rules 1993 No. 156, as amended by 1997 No. 339; 2002 No. 70; 2003 No. 238.

2.       Notified in the Commonwealth of Australia Gazette on 26 August 2004.