Statutory Declarations Regulations 1993
Statutory Rules 1993 No. 156 as amended
made under the
This compilation was prepared on 11 May 2006
taking into account amendments up to SLI 2006 No. 97
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1] 3
2 Definitions 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 Definitions
In these Regulations:
Act means the Statutory Declarations Act 1959.
address means the place at which, or through which, a person may be contacted, and includes a postal address, but does not include the person’s email address.
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 | — |
| 2006 No. 97 | 10 May 2006 (see F2006L01294) | 11 May 2006 | — |
| | | | |
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. 2......................................... | rs. 2006 No. 97 |
| 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 |