Oaths Regulation 2011 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Oaths Regulation 2011.

2Commencement

This Regulation commences on 30 April 2012 and is required to be published on the NSW legislation website.

3Definitions(1)

In this Regulation:

identification document means any of the following:

• (a)

  a primary photographic identification document within the meaning of the Real Property Regulation 2014,

• (b)

  a primary non-photographic identification document within the meaning of the Real Property Regulation 2014,

• (c)

  a Medicare card, pensioner concession card, Department of Veterans’ Affairs entitlement card or other entitlement card issued by the Commonwealth or a State Government,

• (d)

  a credit card or account (or a passbook or statement of account) from a bank, building society or credit union,

• (e)

  an electoral enrolment card or other evidence of enrolment as an elector,

• (f)

  a student identity card, or a certificate or statement of enrolment, from an educational institution,

• (g)

  in the case of an inmate (within the meaning of the Crimes (Administration of Sentences) Act 1999)—an inmate identification card, or other document containing information identifying the inmate, prepared or used by the correctional centre in which the inmate is held,

• (h)

  in the case of a forensic patient (within the meaning of the Mental Health (Forensic Provisions) Act 1990)—a residential identity card, or other document containing information identifying the patient, prepared or used by the mental health facility, correctional centre or other place in which the patient is detained,

• (i)

  in the case of a patient (within the meaning of the Mental Health Act 2007) other than a forensic patient—a residential identity card, or other document containing information identifying the patient, prepared or used by the mental health facility to which the patient is admitted,

• (j)

  a police identification card issued to a police officer by the Commissioner of Police.

special justification has the same meaning as it has in section 19B of the Law Enforcement (Powers and Responsibilities) Act 2002.

the Act means the Oaths Act 1900.

(2)

Notes included in this Regulation do not form part of this Regulation.

Part 2Identification of persons making statutory declarations and affidavits4Exemption from requirement to see a person’s face

An authorised witness is exempted from the requirement under section 34 (1) (a) of the Act to see the face of a person making a statutory declaration or affidavit if:

• (a)

  the person is wearing a face covering, and

• (b)

  the authorised witness is satisfied that the person has a special justification for not removing the face covering.

Note—

A special justification includes having a legitimate medical reason for not removing the face covering.

5Period of time that authorised witness must know person

A person is not known to an authorised witness for the purposes of section 34 (1) (b) of the Act unless the authorised witness has known the person for a period of at least 12 months.

6Confirmation of identity of person not known to authorised witness(1)

An authorised witness satisfies the requirement under section 34 (1) (b) of the Act to confirm the identity of a person making a statutory declaration or affidavit only if, before the declaration or affidavit is made, the authorised witness sights an original or certified copy of an identification document in respect of the person.

(2)

For the purposes of this clause, an authorised witness cannot rely on an identification document if it is:

• (a)

  a document with an expiry date that has expired (other than in the case of an Australian passport that has been expired for less than 2 years), or

• (b)

  a document that has been cancelled, or

• (c)

  a document referred to in paragraph (d) of the definition of identification document in clause 3 (other than a credit card or passbook) that is more than one year old, or

• (d)

  a document referred to in paragraph (e) or (f) of the definition of identification document in clause 3 that is more than 2 years old.

(3)

For the purposes of this clause, a copy of a document may be certified as a true copy of the original only by a person (other than the authorised witness) authorised to take and receive statutory declarations under section 21 of the Act.

7Matters to be certified on statutory declaration or affidavit(1)

For the purposes of section 34 (1) (c) of the Act, an authorised witness certifies that section 34 of the Act has been complied with by certifying the following matters in a certificate on the declaration or affidavit:

• (a)

  that the authorised witness either:

  • (i)

    saw the face of the person making the declaration or affidavit, or

  • (ii)

    did not see the face of the person because of a face covering, but is satisfied that the person had a special justification for not removing the covering,

• (b)

  that the authorised witness either:

  • (i)

    knows the person, or

  • (ii)

    has confirmed the person’s identity based on an identification document presented to the authorised witness,

• (c)

  if the authorised witness has relied on an identification document to confirm the identity of the person—that the document that the authorised witness relied on is the document that is specified by the authorised witness in the certificate.

(2)

A certificate may (but need not) be in the Form set out in Schedule 1.

Schedule 1Form for certificate under section 34 (1) (c) of the Act

(Clause 7 (2))

Certificate under section 34 (1) (c) of Oaths Act 1900

*Please cross out any text that does not apply

I [insert name of authorised witness], a [insert qualification to be authorised witness], certify the following matters concerning the making of this *statutory declaration/affidavit by the person who made it:

• 1

  *I saw the face of the person or *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.

• 2

  *I have known the person for at least 12 months or *I have confirmed the person’s identity using an identification document and the document I relied on was [describe identification document relied on].

[insert signature of authorised witness]

Date: