Declarations and Attestations Act 1913 (WA)

Western Australia

This Act was repealed by the Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 s. 3 (No. 24 of 2005) as at 1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005 p. 6244).

Western Australia

Declarations and Attestations Act 1913

An Act to amend the law relating to the taking of declarations and the attestation of documents.

This Act may be cited as the Declarations and Attestations Act 1913 1.

Whenever by or under any Act or statutory regulation (whether passed or made before or after the commencement of this Act) it is provided — 

• (a)

  that any statutory declaration shall or may be made before a justice of the peace; or a justice of the peace or some other person; or

• (b)

  that any instrument shall or may be signed or executed in the presence of, and be attested by, a justice of the peace, or a justice of the peace or some other person,

such declaration or instrument may be made before, or signed and executed in the presence of, and attested by — 

• (i)

  a person listed in the Schedule;

• (ii)

  a commissioner for declarations appointed under this Act; or

• (iii)

  a member of either House of Parliament of the State or of the Commonwealth; or

• (iv)

  a commissioner for declarations appointed under the provisions of the Statutory Declarations Act 1959 of the Commonwealth; or

• (v)

  a justice of the peace appointed for any part of the Commonwealth that is outside the State.

Provided that no person under 18 years of age shall be qualified to take any statutory declaration, or attest any such instrument.

[Section 2 amended by No. 22 of 1953 s. 2; No. 11 of 1962 s. 2; No. 46 of 1972 s. 6; No. 10 of 1987 s. 4.]

• (1)

  The Attorney General, if he considers that there is a special need to do so, may appoint persons to be commissioners for declarations.

• (2)

  Any such appointment may be revoked by the Attorney General.

• (3)

  A notification of every such appointment or revocation of appointment shall be published in the Government Gazette.

[Section 3 amended by No. 10 of 1987 s. 5.]

Any statutory declaration made, or instrument signed or executed and attested under the authority of this Act, shall have the same force and effect, and shall render the declarant, or the person who…