Statutory Declarations Regulations 1993
Statutory Rules No. 156, 1993
made under the
Statutory Declarations Act 1959
Compilation No. 9
Compilation date: 1 May 2016
Includes amendments up to: F2016L00539
Registered: 10 June 2016
About this compilation
This compilation
This is a compilation of the Statutory Declarations Regulations 1993 that shows the text of the law as amended and in force on 1 May 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
2 Definitions
3 Statutory declaration—prescribed form
4 Persons before whom a statutory declaration may be made
Schedule 1—Form of statutory declaration
Schedule 2—Persons before whom a statutory declaration may be made
Part 1—Occupations
Part 2—Other persons
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Regulations
These Regulations are the Statutory Declarations Regulations 1993.
2 Definitions
In these Regulations:
Act means the Statutory Declarations Act 1959.
address means the place at which, or through which, a person may be contacted, and includes a postal address, but does not include the person’s email address.
3 Statutory declaration—prescribed form
(1) For paragraph 8 (a) of the Act, each of the following forms is prescribed:
(a) the form set out in Schedule 1;
(b) the form set out in the Schedule to the Act, as in force immediately before the commencement of items 55 and 56 of Schedule 1 to the Law and Justice Legislation Amendment Act 2004.
(2) Paragraph (1) (b) ceases to have effect at the end of 30 June 2006.
4 Persons before whom a statutory…
Overview
The Statutory Declarations Regulations 1993 were enacted to provide a framework for the execution of statutory declarations under the Statutory Declarations Act 1959. This legislation was introduced to address the need for a formal, legally binding declaration process that could be used in various legal and administrative contexts. The Regulations were made under the authority of the Statutory Declarations Act 1959 by the relevant legislature and aim to ensure that statutory declarations are made in a consistent and recognised format. The Regulations outline the prescribed forms for statutory declarations, as well as the categories of persons authorised to administer these declarations, thereby facilitating a reliable and standardised procedure for the creation of statutory declarations.
Scope and Application
The Statutory Declarations Regulations 1993 apply to persons who may witness statutory declarations and the prescribed form of such declarations. The Act applies nationally across Australia and is subject to amendments via subordinate instruments. The Regulations specify the form that must be used for statutory declarations and the categories of individuals who are authorised to witness them. These include legal practitioners, medical practitioners, and other professionals or officials such as bank officers and members of the Australian Defence Force with at least five years of continuous service. The prescribed forms of statutory declarations and the list of authorised persons are detailed in Schedule 1 and Schedule 2 respectively. Any amendments to these Regulations are incorporated through subsequent statutory rules or legislative instruments, as indicated in the Legislation history and Amendment history endnotes. Notably, the Regulations also reference the Statutory Declarations Act 1959, which includes provisions on the penalties for making false statements in statutory declarations.
Key Provisions
- The Statutory Declarations Regulations 1993 provide the prescribed form for statutory declarations, as well as the categories of people who can attest to them. Under regulation 3, the prescribed form for a statutory declaration is set out in Schedule 1 of the Regulations, while the form previously set out in the Schedule to the Statutory Declarations Act 1959 is no longer valid after 30 June 2006. Regulation 4 sets out the categories of people who can attest to a statutory declaration. These include professionals licensed or registered under State or Territory law, legal practitioners enrolled on the Supreme Court or High Court rolls, and other persons listed in Schedule 2 of the Regulations. The Regulations are intended to give effect to the Statutory Declarations Act 1959, which requires statutory declarations to be made in a prescribed form before a prescribed person.
- The Statutory Declarations Act 1959 and the accompanying Regulations impose certain obligations on the parties involved in making and witnessing a statutory declaration. The declarant must make the declaration in the prescribed form, under penalty of committing an offence. The attesting person must be on the list of prescribed persons in Schedule 2 and must be satisfied that the declarant actually made the declaration. The Regulations require the attesting person to enter their full name, qualification, and address on the declaration.
- Failure to comply with the requirements of the Statutory Declarations Act 1959 and the Regulations can result in criminal and civil penalties. Under section 11 of the Act, a person who intentionally makes a false statement in a statutory declaration commits an offence, which is punishable by a maximum penalty of imprisonment for four years. Chapter 2 of the Criminal Code applies to all offences against the Act, which means that the Act's offences are indictable and carry a maximum penalty of imprisonment for five years or a fine of up to 5,000 penalty units, or both. Additionally, a person who makes a false statement in a statutory declaration may be liable for civil damages for any loss or damage suffered as a result of the false statement.
- Area of Law
- Civil Litigation & Procedure
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Reporting & Disclosure Obligations
- Offence Provisions