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Statutory Declarations Regulations 1993

Authoritative Version
  • - F2005C00774
  • In force - Superseded Version
  • View Series
SR 1993 No. 156 Regulations as amended, taking into account amendments up to SLI 2005 No. 267
Administered by: Attorney-General's
Registered 25 Nov 2005
Start Date 25 Nov 2005
End Date 10 May 2006

Statutory Declarations Regulations 1993

Statutory Rules 1993 No. 156 as amended

made under the

This compilation was prepared on 24 November 2005
taking into account amendments up to SLI 2005 No. 267

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra


Contents

                        1     Name of Regulations [see Note 1]                                     3

                        2     Interpretation                                                                   3

                        3     Statutory declaration — prescribed form                            3

                        4     Persons before whom a statutory declaration may be made 3

Schedule 1             Form of statutory declaration                                        4

Schedule 2             Persons before whom a statutory declaration may be made        6

Part 1                      Occupations                                                                    6

Part 2                      Other persons                                                                 6

Notes                                                                                                          10

 

 


  

  

1              Name of Regulations [see Note 1]

                These Regulations are the Statutory Declarations Regulations 1993.

2              Interpretation

                In these Regulations, unless the contrary intention appears:

Act means the Statutory Declarations Act 1959.

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 30 June 2006.

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.


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

238

Member of the Australasian Institute of Mining and Metallurgy

 

 


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.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

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

2005 No. 267

24 Nov 2005 (see F2005L03677)

25 Nov 2005

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

 

am. 2005 No. 267

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

 

am. 2005 No. 267