Statutory Declarations Regulations 1993

Statutory Rules 1993 No. 156 as amended

made under the

Statutory Declarations Act 1959

This compilation was prepared on 18 April 2002
taking into account amendments up to SR 2002 No. 70

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

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Interpretation 

 3 Persons before whom a statutory declaration may be made — paragraph 8 (b) of the Act             

 4 Repeal of Statutory Declarations Regulations 

Schedule Persons before whom a Statutory Declaration may be made             

Part 1 Members of certain professions 

Part 2 Other persons 

Notes  

 

 

 

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 Persons before whom a statutory declaration may be made — paragraph 8 (b) of the Act

  For the purposes of paragraph 8 (b) of the Act, the following persons are prescribed:

 (a) a person who is authorised under a law in force in a State or Territory to practise as a member of a profession listed in Part 1 in the Schedule;

 (b) a person listed in Part 2 in the Schedule.

4 Repeal of Statutory Declarations Regulations

  Statutory Rules 1991 No. 398 are repealed.

Schedule Persons before whom a Statutory Declaration may be made

(regulation 3)

Part 1 Members of certain professions

  Chiropractor

  Dentist

  Legal practitioner

  Medical practitioner

  Nurse

  Patent attorney

  Pharmacist

  Physiotherapist

  Psychologist

  Veterinary surgeon

Part 2 Other persons

  Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

  Australian Consular Officer, or Australian Diplomatic Officer, (within the meaning of the Consular Fees Act 1955)

  Bailiff

  Bank officer with 5 or more continuous years of service

  Building society officer with 5 or more years of continuous service

  Chief executive officer of a Commonwealth court

  Civil marriage celebrant

  Clerk of a court

  Commissioner for Affidavits

  Commissioner for Declarations

  Credit union officer with 5 or more years of continuous service

  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

  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

  Fellow of the National Tax Accountants’ Association

  Finance company officer with 5 or more years of continuous service

  Holder of a statutory office not specified in another item in this Part

  Judge of a court

  Justice of the Peace

  Magistrate

  Master of a court

  Member of the Association of Taxation and Management Accountants

  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) warrant officer within the meaning of that Act

  Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants

  Member of the Institute of Corporate Managers, Secretaries and Administrators

  Member of the Institution of Engineers, Australia, other than at the grade of student

  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

  Minister of religion registered under Division 1 of Part IV of the Marriage Act 1961

  Notary public

  Permanent employee of:

 (a) the Commonwealth or of a Commonwealth authority; or

 (b) a State or Territory or of 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

  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

  Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made

  Police officer

  Registrar, or Deputy Registrar, of a court

  Senior Executive Service officer of the Commonwealth, or of a State or Territory, or of a Commonwealth, State or Territory authority

  Sheriff

  Sheriff’s officer

  Teacher employed on a full-time basis at a school or tertiary education institution

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

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

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

am. 1997 No. 339; 2002 No. 70