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Statutory Declarations Regulations 1993

Authoritative Version
SR 1993 No. 156 Regulations as amended, taking into account amendments up to Trade Legislation Amendment (Australian Trade and Investment Commission) Regulation 2016
Administered by: Attorney-General's
Registered 10 Jun 2016
Start Date 01 May 2016
Date of repeal 18 Sep 2018
Repealed by Statutory Declarations Regulations 2018
Table of contents.

Statutory Declarations Regulations 1993

Statutory Rules No. 156, 1993

made under the

Statutory Declarations Act 1959

Compilation No. 9

Compilation date:                              1 May 2016

Includes amendments up to:            F2016L00539

Registered:                                         10 June 2016

 

About this compilation

This compilation

This is a compilation of the Statutory Declarations Regulations 1993 that shows the text of the law as amended and in force on 1 May 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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                                       2

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

Part 1—Occupations                                                                                                            3

Part 2—Other persons                                                                                                        4

Endnotes                                                                                                                                      6

Endnote 1—About the endnotes                                                                              6

Endnote 2—Abbreviation key                                                                                  7

Endnote 3—Legislation history                                                                               8

Endnote 4—Amendment history                                                                             9

 


 

 

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 and Investment 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 information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

 

 

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Statutory Declarations Regulations (SR No. 156, 1993)

29 June 1993

29 June 1993

 

Statutory Declarations Regulations (Amendment) (SR No. 339, 1997)

3 Dec 1997

3 Dec 1997

Statutory Declarations Amendment Regulations 2002 (No. 1) (SR No. 70, 2002)

18 Apr 2002

18 Apr 2002 (r 2)

Statutory Declarations Amendment Regulations 2003 (No. 1) (SR No. 238, 2003)

18 Sept 2003

18 Sept 2003 (r 2)

Statutory Declarations Amendment Regulations 2004 (No. 1) (SR No. 262, 2004)

26 Aug 2004

26 Nov 2004 (r 2)

Statutory Declarations Amendment Regulations 2005 (No. 1) (SLI No. 267, 2005)

24 Nov 2005 (F2005L03677)

25 Nov 2005 (r 2)

Statutory Declarations Amendment Regulations 2006 (No. 1) (SLI No. 97, 2006)

10 May 2006 (F2006L01294)

11 May 2006 (r 2)

Corporations and Related Legislation Amendment Regulation 2013 (No. 1) (SLI No. 152, 2013)

28 June 2013 (F2013L01264)

Sch 1 (item 21): 1 July 2013 (s 2)

Trade Legislation Amendment (Australian Trade and Investment Commission) Regulation 2016

19 Apr 2016 (F2016L00539)

Sch 1 (item 23): 1 May 2016 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 1.............................................

rs No 70, 2002

r 2.............................................

rs No 97, 2006

r 3.............................................

rs No 262, 2004

 

am No 267, 2005

 

(1)(b) exp 30 June 2006 (r 3(2))

r 4.............................................

rep No 238, 2003

 

ad No 262, 2004

Schedule...................................

am No 339, 1997; No 70, 2002; No 238, 2003

 

rep No 262, 2004

Schedule 1

 

Schedule 1................................

ad No 262, 2004

Schedule 2

 

Schedule 2................................

ad No 262, 2004

 

am No 267, 2005; No 152, 2013; F2016L00539