Who is authorised to administer an oath in nsw

Rep No 6, Sch 2 [2]. Part 3 Affirmations. Am No , sec 4 1 a. Part 4 Statutory declarations. Am No 47, Sch 1; No 31, Sch 4. Am No 80, Sch 13 [1]. Part 5 Affidavits. Australian Consular Officer means a person referred to in section 3 a — d of the Consular Fees Act of the Commonwealth. Am No 4, sec 2 c. Rep No 27, Sch 1. Ins No 2, Sch 4.

Am No 10, Sch 1. Am No 80, Sch 13 [5]. Am No 94, Sch 4. Subst No 27, Sch 1. Subst No 93, Sch 1 1 ; No 27, Sch 1. Part 6 Miscellaneous. Ins No 45, Sch 2. Maximum penalty on summary conviction before the Local Court : 2 penalty units. Subst No 93, Sch 1 1. Am No 80, Sch 13 [6]. First Schedule. Reference to Act. For convenience, the tables below provide an overview of whether or not a public servant or Defence force officer may witness a statutory declaration or affidavit in a particular jurisdiction.

APS employee with five or more continuous years of service. Senior executive of a Commonwealth authority. Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service.

A non-commissioned officer with five or more years of continuous service. If the person making the affidavit is a member of the ADF, then:. There is no clear Commonwealth legislation stipulating who may certify documents. Generally, the agency requesting the certified documents will specify the occupations that are permitted to certify the documents, and if the certified document is for a particular purpose a law may specify who is able to certify the document.

Commonwealth agencies, such as the Department of Home Affairs, accept most occupations that are listed as authorised witnesses under the Statutory Declaration Regulations Cth. As noted previously, the authority of a person to witness a statutory declaration or affidavit or to certify documents is different in each jurisdiction. Accordingly, care should be taken to confirm your capacity as an authorised witness prior to signing any documents placed in front of you.

Whilst we hope the above tables offer some useful assistance in the first instance, we note that the information is provided for guidance only, is current as at the date of this article and recommend that you consult the relevant legislation or seek legal advice if you are unsure as to the scope of your authority.

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By continuing to use this website you agree to our use of our cookies unless you have disabled them. Thought leadership Publications Oaths, affirmations, declarations and more: who can sign what? We thank Ingrid Olbrei for her contribution to this article. Introduction Oaths, affirmations, statutory declarations and affidavits — what does it all mean? The name and capacity of the authorised witness must be stated, and in the case of a justice of the peace the relevant registration number or details of appointment must be provided.

The only "special justification" for not removing a face covering is a legitimate medical reason at September See s34 Oaths Act and pt2 Oaths Regulation In New South Wales, a statutory declaration is made pursuant to the provisions of the Oaths Act The Oaths Act provides penalties for making a false declaration, and for taking a declaration without authority i. A statutory declaration made in New South Wales must be, or must in effect be, in the form given in either the Eighth or Ninth Schedule of the Oaths Act The date and place of the declaration must be stated.

I, [declarant], do solemnly and sincerely declare that [statement of facts]; and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act I, [declarant], of [residence], do hereby solemnly declare and affirm that [statement of facts]; and I make this solemn declaration, as to the matter [or matters] aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any wilfully false statement in any such declaration.

The appropriate wording for a statutory declaration made in New South Wales is incorporated in the approved form of any dealing that requires the making of a statutory declaration, e.

A declaration made in an Australian State or Territory other than New South Wales must be made pursuant to the equivalent local Act and before a witness prescribed by that Act see s Conveyancing Act In the case of a dealing including a statutory declaration, reference to the Oaths Act must be deleted and the local Act substituted:.

In a dealing containing a statutory declaration, reference to the Oaths Act must be deleted and reference to the statutory provision pursuant to which the declaration was made must be substituted. Click on the links below to see information relating to the more commonly used foreign statutory declarations:. An affidavit is a written statement normally given as evidence in court proceedings.