Statutory Rules 1993 No. 1561

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Statutory Declarations Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Statutory Declarations Act 1959.

Dated 22 June 1993.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

M. LAVARCH

Attorney-General

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Citation

1. These Regulations may be cited as the Statutory Declarations Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

2. In these Regulations, unless the contrary intention appears:

“Act” means the Statutory Declarations Act 1959.

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

3. 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.

Repeal of Statutory Declarations Regulations

4. Statutory Rules 1991 No. 398 are repealed.

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SCHEDULE Regulation 3

PERSONS BEFORE WHOM A STATUTORY

DECLARATION MAY BE MADE

PART 1—MEMBERS OF CERTAIN PROFESSIONS

Chiropractor

Dentist

Legal practitioner

Medical practitioner

Nurse

Patent attorney

SCHEDULE—continued

Pharmacist

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 1985)

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

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

Judge of a court

Justice of the Peace

SCHEDULE—continued

Magistrate

Master of a court

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

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

(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

SCHEDULE—continued

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

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

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NOTE

1. Notified in the Commonwealth of Australia Gazette on 29 June 1993.