Statutory Declarations Regulations 2018 (Cth)

Statutory Declarations Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 13 September 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Christian Porter

Attorney‑General

Contents

1Name

This instrument is the Statutory Declarations Regulations 2018.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	18 September 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Statutory Declarations Act 1959.

4Schedules

Each instrument that is specified in Schedule 3 to this instrument is amended or repealed as set out in the applicable items in that Schedule concerned, and any other item in that Schedule has effect according to its terms.

5Definitions

In this instrument:

Act means the Statutory Declarations Act 1959.

address, of a person:

1. (a)

   means the address of the person’s home or another premises at which the person can be contacted; and

2. (b)

   to avoid doubt, does not include the person’s email address.

Commonwealth authority means:

1. (a)

   a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

2. (b)

   a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013.

6Statutory declaration – prescribed form

For the purposes of paragraph 8(a) of the Act, the form set out in Schedule 1 is prescribed.

7Persons before whom a statutory declaration may be made

For the purposes of paragraph 8(b) of the Act, each of the following persons is prescribed:

1. (a)

   a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described);

2. (b)

   a person who, under a law of the Commonwealth, a State or Territory, is currently licensed or registered to practise in Australia in an occupationlisted in Part 1 of Schedule 2;

3. (c)

   a person who is listed in Part 2 of Schedule 2.

8Transitional – form of statutory declaration

A statutory declaration made in the form, and before a person, prescribed by the Statutory Declarations Regulations 1993 either before, or during the six‑month period starting on, the day this instrument commences, has effect, on and after that day, as if it were made in the form, and before a person, prescribed by this instrument.

Schedule 1Form of statutory declaration

Note: See section 6.

STATUTORY DECLARATION

Statutory Declarations Act 1959

I, [Name, address and occupation of person making the declaration] make the following declaration under the Statutory Declarations Act 1959:

1. [Set out matter declared to in numbered paragraphs]

2.

3.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959,and I believe that the statements in this declaration are true in every particular.

[Signature of person making the declaration]

[Optional: Email address and/or telephone number of person making the declaration]

Declared at

[place] on [day] of [month] [year]

Before me,

[Signature of person before whom the declaration is made]

[Full name, qualification and address of person before whom the declaration is made (in printed letters)]

[Optional: Email address and/or telephone number of person before whom the declaration is made]

Note 1: A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years—see section 11 of the Statutory Declarations Act 1959.

Note 2: Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959—see section 5A of the Statutory Declarations Act 1959.

Schedule 2Persons before whom a statutory declaration may be made

Note: See section 7.

Part 1Occupations1Listing of occupations

The following table lists occupations for the purposes of paragraph 7(b).

Item	Occupation
1	Architect
2	Chiropractor
3	Dentist
4	Financial adviser or financial planner
5	Legal practitioner
6	Medical practitioner
7	Midwife
8	Migration agent registered under Division 3 of Part 3 of the Migration Act 1958
9	Nurse
10	Occupational therapist
11	Optometrist
12	Patent attorney
13	Pharmacist
14	Physiotherapist
15	Psychologist
16	Trade marks attorney
17	Veterinary surgeon

Part 2Other persons2Listing of persons

The following table lists persons for the purposes of paragraph 7(c).

Item

Person

1

Accountant who is:

(a) a fellow of the National Tax Accountants’ Association; or

(b) a member of any of the following:

(i) Chartered Accountants Australia and New Zealand;

(ii) the Association of Taxation and Management Accountants;

(iii) CPA Australia;

(iv) the Institute of Public Accountants

2

Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

3

APS employee engaged on an ongoing basis with 5 or more years of continuous service who is not specified in another item of this Part

4

Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)

5

Bailiff

6

Bank officer with 5 or more continuous years of service

7

Building society officer with 5 or more years of continuous service

8

Chief executive officer of a Commonwealth court

9

Clerk of a court

10

Commissioner for Affidavits

11

Commissioner for Declarations

12

Credit union officer with 5 or more years of continuous service

13

Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service who is not specified in another item in this Part

14

Employee of the Australian Trade and Investment Commission who is:

(a) in a country or place outside Australia; and

(b) authorised under paragraph 3(d) of the Consular Fees Act 1955; and

(c) exercising the employee’s function at that place

15

Employee of the Commonwealth who is:

(a) at a place outside Australia; and

(b) authorised under paragraph 3(c) of the Consular Fees Act 1955; and

(c) exercising the employee’s function at that place

16

Engineer who is:

(a) a member of Engineers Australia, other than at the grade of student; or

(b) a Registered Professional Engineer of Professionals Australia; or

(c) registered as an engineer under a law of the Commonwealth, a State or Territory; or

(d) registered on the National Engineering Register by Engineers Australia

17

Finance company officer with 5 or more years of continuous service

18

Holder of a statutory office not specified in another item of this Part

19

Judge

20

Justice of the Peace

21

Magistrate

22

Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961

23

Master of a court

24

Member of the Australian Defence Force who is:

(a) an officer; or

(b) a non‑commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or

(c) a warrant officer within the meaning of that Act

25

Member of the Australasian Institute of Mining and Metallurgy

26

Member of the Governance Institute of Australia Ltd

27

Member of:

(a) the Parliament of the Commonwealth; or

(b) the Parliament of a State; or

(c) a Territory legislature; or

(d) a local government authority

28

Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961

29

Notary public, including a notary public (however described) exercising functions at a place outside:

(a) the Commonwealth; and

(b) the external Territories of the Commonwealth

30

Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office providing postal services to the public

31

Permanent employee of:

(a) a State or Territory or a State or Territory authority; or

(b) a local government authority;

with 5 or more years of continuous service, other than such an employee who is specified in another item of this Part

32

Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made

33

Police officer

34

Registrar, or Deputy Registrar, of a court

35

Senior executive employee of a Commonwealth authority

36

Senior executive employee of a State or Territory

37

SES employee of the Commonwealth

38

Sheriff

39

Sheriff’s officer

40

Teacher employed on a permanent full‑time or part‑time basis at a school or tertiary education institution

Schedule 3—Repeals

Statutory Declarations Regulations 1993

1

The whole of the instrument

Repeal the instrument.