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Statutory Declarations Regulations 1993

Authoritative Version
SR 1993 No. 156 Regulations as amended, taking into account amendments up to Corporations and Related Legislation Amendment Regulation 2013 (No. 1)
Principal Regulations; Repeals the former Statutory Declarations Regulations.
Administered by: Attorney-General's
Registered 12 Sep 2013
Start Date 01 Jul 2013
End Date 30 Apr 2016
Date of repeal 18 Sep 2018
Repealed by Statutory Declarations Regulations 2018
Table of contents.

Commonwealth Coat of Arms

Statutory Declarations Regulations 1993

Statutory Rules No. 156, 1993 as amended

made under the

Statutory Declarations Act 1959

Compilation start date:                     1 July 2013

Includes amendments up to:            SLI No. 152, 2013

 

About this compilation

This compilation

This is a compilation of the Statutory Declarations Regulations 1993 as in force on 1 July 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 29 August 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

  

  

  


Contents

1............ Name of Regulations........................................................................... 1

2............ Definitions.......................................................................................... 1

3............ Statutory declaration—prescribed form............................................... 1

4............ Persons before whom a statutory declaration may be made................ 1

Schedule 1—Form of statutory declaration                                       1

Schedule 2—Persons before whom a statutory declaration may be made            3

Part 1—Occupations                                                                                                            3

Part 2—Other persons                                                                                                        4

Endnotes                                                                                                                                      7

Endnote 1—About the endnotes                                                                              7

Endnote 2—Abbreviation key                                                                                  9

Endnote 3—Legislation history                                                                             10

Endnote 4—Amendment history                                                                           11

Endnote 5—Uncommenced amendments [none]                                          12

Endnote 6—Modifications [none]                                                                         12

Endnote 7—Misdescribed amendments [none]                                             12

Endnote 8—Miscellaneous [none]                                                                        12

 


 

 

1  Name of Regulations

                   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 1Form 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 2Persons before whom a statutory declaration may be made

(regulation 4)

Part 1Occupations

 

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 2Other 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 Institute of Public 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

 

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

 

/sub-subparagraph(s)

 

 

Endnote 3—Legislation history

 

Number and year

Gazettal or FRLI registration date

Commencement

Application, saving and 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

152, 2013

28 June 2013 (see F2013L01264)

Sch 1 (item 21): 1 July 2013

 

Endnote 4—Amendment history

 

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; No 152, 2013

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]