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Statutory Declarations Regulations 1993

Authoritative Version
SR 1993 No 156 Regulations as amended, taking into account amendments up to SR 2004 No. 262
Administered by: Attorney-General's
Start Date 26 Nov 2004
End Date 24 Nov 2005
Date of repeal 18 Sep 2018
Repealed by Statutory Declarations Regulations 2018

STATUTORY DECLARATIONS REGULATIONS 1993



Compilation Information

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Statutory Declarations Regulations 1993

Statutory Rules 1993 No. 156 as amended
made under the
Statutory Declarations Act 1959
This compilation was prepared on 26 November 2004
taking into account amendments up to SR 2004 No. 262
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

STATUTORY DECLARATIONS REGULATIONS 1993
- REG 1
Name of Regulations [see Note 1]

These Regulations are the Statutory Declarations Regulations 1993.

STATUTORY DECLARATIONS REGULATIONS 1993
- REG 2
Interpretation

In these Regulations, unless the contrary intention appears:

Act means the Statutory Declarations Act 1959.

STATUTORY DECLARATIONS REGULATIONS 1993
- REG 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.

STATUTORY DECLARATIONS REGULATIONS 1993
- REG 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.

STATUTORY DECLARATIONS REGULATIONS 1993
Schedule 1 Form of statutory declaration

(regulation 3)


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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.

STATUTORY DECLARATIONS REGULATIONS 1993
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

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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


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STATUTORY DECLARATIONS REGULATIONS 1993
Notes to the Statutory Declarations Regulations 1993

Note 1

The Statutory Declarations Regulations 1993 (in force under the Statutory Declarations Act 1959) as shown in this compilation comprise Statutory Rules 1993 No. 156 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1993 No. 156
29 June 1993
29 June 1993

1997 No. 339
3 Dec 1997
3 Dec 1997

2002 No. 70
18 Apr 2002
18 Apr 2002

2003 No. 238
18 Sept 2003
18 Sept 2003

2004 No. 262
26 Aug 2004
26 Nov 2004

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 2002 No. 70
R. 3
rs. 2004 No. 262
R. 4
rep. 2003 No. 238

ad. 2004 No. 262
Schedule
am. 1997 No. 339; 2002 No. 70; 2003 No. 238

rep. 2004 No. 262
Schedule 1

Schedule 1
ad. 2004 No. 262
Schedule 2

Schedule 2
ad. 2004 No. 262