Oaths (Amendment) Act 1953 (NSW)
OATHS (AMENDMENT) ACT.
Act No. 4, 1953.
Elizabeth II, An Act to make further provision with respect Mo.^ 9 5 3 . taking or making of oaths, declarations
or affidavits outside the State, and the verification of instruments executed outside the State; for that purpose to amend the Oaths Act, 1900, the Conveyancing Act, 1919, and certain other Acts in certain respects; and for purposes connected therewith, [As sented to, 25th September, 1953.]
BE
Oaths (Amendment) Act.
| T )E it enacted by the Queen’s Most Excellent Majesty, | No. 4, 1953. |
| by and with tbe advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:— |
1. (1) This Act may be cited as the “ Oaths (Amend- short title
| ment) Act, 1953.” | dtatioiu |
| (2) The Oaths Act, 1900, as amended by subsequent Acts and by this Act, may be cited as the Oaths Act, 1900-1953. | |
| (3) The Conveyancing Act, 1919, as amended by subsequent Acts and by this Act, may be cited as the Conveyancing Act, 1919-1953. |
| 2. The Oaths Act, 1900-1936, is amended— | (if -\(“t Xo. 20 ̂ |
| Amendment | |
| 1900. |
| (a) | by inserting in paragraph (b) of section twenty- Seo.-6. six before the word “ place” wherever occurring (Before the words ‘ ‘ country or ” ; oatZand |
(b) by inserting at the end of the same section the
| following word, new paragraph and | n e w | ta k e n .) |
| subsection;—■ |
and
| (c) | in any country or place out of the said State before a British Consular Officer or an Australian Consular Officer exercising his functions in that country or place. |
(2) In this section and in section 26a of this
Act—
“ Australian Consular Officer” means a person appointed to hold or act in any of the following offices (being an office of the Commonwealth of Australia) in a country or place outside the Com monwealth of Australia, namely,
| Ambassador, | High | Commissioner, |
Minister, Head of Mission, Commis sioner, Charge d ’ Affaires, Counsellor
or
18 Oaths (Amendment) Act.
| No. 4, 1953. | or Secretary at an Embassy, High Commissioner’s Office or Legation, Consul-General, Consnl, Vice-Consul, Trade Commissioner and Consular Agent. |
“ British Consular Officer” means a British
Ambassador, Envoy, ]\linister. Charge
| . | d ’ Affaires, Secretary of Embassy or | ||
|
Consul-General, Consul, Acting Consul, Vice-Consul, Acting Vice-Consul, Pro consul, Consular Agent and Acting Consular Agent.
| Sec. 26a. | (c) by inserting at the end of section 26a the follow |
| (Judicial |
| notice to | ing new subsection:— |
| be taken of certain seals and signatures.) |
| cf. 52 and | (2) Any document pnrporting to have affixed, |
| 53 Vic., |
| c. 10, s. 6 | impressed or subscribed thereon or thereto the |
| ( 2). | seal or signature of any person authorised by paragraph (c) of subsection one of section twenty-six to administer an oath in testimony of any oath, declaration or affidavit being taken or made before him under that paragraph shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person. |
| Amendment | 3. The Conveyancing Act, 1919, as amended by |
| of Act No. |
| 6,1919. | subsequent Acts, is amended— |
| Sec. 168. | (a) by omitting from paragraph (b) of subsection |
| (Verifica |
| tion of in | one of section one hundred and sixty-eight the |
| struments | words “ British IMinister or Consul” and by |
| executed | |
| out of New | inserting in lieu thereof the words “ British |
| South | Consular Officer or Australian Consular |
| Wales.) | Officer” ; |
| (b) | by omitting from the same paraifraph the words “ such ^Minister or Consul” and by inserting in lieu thereof the words “ such Consular Officer” ; |
( c )
| Oaths (Amendment) Act. | 19 |
| (c) | by omitting subsection five of the same section No. 4^953. and by inserting in lieu thereof the following subsection:— |
(5) In this section—
| , | “ Australian Consular Officer” means a person appointed to hold or act in any of the following offices (being an office of the Commonwealth of Australia) in a country or place outside the Common wealth of Australia, namely,, |
| Ambassador, | High | Commissioner, |
Minister, Head of Mission, Commis sioner, Charge d ’ Atfaires, Counsellor or Secretary at an Embassy, High Com missioner’s Office or Legation, Consul- General, Consul, Vice-Consul, Trade Commissioner and Consular Agent.
“ Evitish Consular Officer” includes a British Ambassador, Envoy, Minister, Charge d ’ Affaires, Secretary of Embassy or Legation, Consul-General, Acting Consul-General, Consul, Acting Consul, Vice-Consul, Acting Vice Consul, Proconsul, Consular Agent and Acting Consular Agent.
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