Oaths (Document Reforms) Amendment Regulation 2022 (Qld)

1   Short title

This regulation may be cited as the Oaths (Document Reforms) Amendment Regulation 2022.

2   Regulation amended

This regulation amends the Oaths Regulation 2022.

3   Insertion of new pt 1, hdg

Before section 1—
insert—

Part 1    Preliminary

4   Insertion of new pt 2, hdg and ss 2A and 2B

After section 2—
insert—

Part 2    Matters relevant to affidavits and declarations

2A   Persons excluded from signing as substitute signatory in physical presence of signatory and witness [OA, s 31P]

(1)This section applies in relation to a substitute signatory if—

(a)the substitute signatory is directed by a signatory in the signatory’s physical presence to sign an affidavit or a declaration for the signatory; and

(b)the substitute signatory is to sign the affidavit or declaration in the physical presence of a witness.

(2)Each of the following persons is excluded from signing the affidavit or declaration as a substitute signatory—

(a)a person witnessing the affidavit or declaration;

(b)if the affidavit or declaration is to be used in a proceeding by or for a party—a person who is another party to the proceeding or a relation of a person who is another party to the proceeding;

(c)a person who would otherwise be excluded under a law from signing the affidavit or declaration as a signatory.

(3)In this section—

relation, of a person, see the Powers of Attorney Act 1998, schedule 3.

2B   Requirements for witnessing signature of substitute signatory in physical presence of signatory and substitute signatory [OA, s 31R]

(1)This section applies if—

(a)a substitute signatory is directed by a signatory in the signatory’s physical presence to sign an affidavit or a declaration for the signatory; and

(b)the substitute signatory is to sign the affidavit or declaration in the physical presence of a witness.

(2)The witness for the signing of the document must—

(a)observe the signatory direct the substitute signatory to sign the affidavit or declaration; and

(b)be satisfied that the substitute signatory is not excluded from signing the affidavit or declaration under section 2A; and

(c)be satisfied that the signatory is freely and voluntarily directing the substitute signatory to sign the affidavit or declaration.

5   Insertion of new pt 3, hdg

After section 7—
insert—

Part 3    Matters relevant to use of audio visual links