Statutory Declarations Act 1911

Legislation au C1911A00003 Not in force Act

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STATUTORY DECLARATIONS.

 

No. 3 of 1911.

An Act relating to Statutory Declarations.

[Assented to 14th October, 1911.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Statutory Declarations Act 1911.

Definitions.

2. In this Act, unless the contrary intention appears—

“Commissioner for Affidavits” means a person authorized under the law of the Commonwealth or of a State to take affidavits:

“Commissioner for Declarations” means a person appointed under this Act or under a State Act to be a Commissioner for Declarations:

“Statutory regulation” means a regulation made in pursuance of any Act or Ordinance.

Authority to make and use statutory declarations.

3.—(1.) Any person may, if he so desires, make a statutory declaration in relation to any matter.

(2.) Subject to sub-section (3) of this section, a statutory declaration may, unless the contrary intention appears in the Act, Ordinance, or statutory regulation, be used for any purpose or in connexion with any matter arising under any Act, Ordinance, or statutory regulation, or in connexion with the administration of any Commonwealth Department.

(3.) Sub-section (2) of this section shall not be taken to authorize a statutory declaration to be used as evidence in judicial proceedings, but nothing in this section shall be construed to prevent any statutory declaration from being so used.

References to statutory declarations.

4. Where in any Act, Ordinance, or statutory regulation (whether passed or made before or after the commencement of this Act) a reference is made to a statutory declaration, the reference shall, unless the contrary intention appears in the Act, Ordinance, or regulation, include a reference to a statutory declaration made by virtue of this Act.


Form of statutory declaration.

5. A statutory declaration may be in accordance with the form in the Schedule, and may be made before—

(a) a Police, Stipendiary, or Special Magistrate, or a Justice of the Peace, or

(b) a Commissioner for Affidavits, or

(c) a Commissioner for Declarations.

Commissioners for Declarations.

6. The Attorney-General may appoint persons to be Commissioners for Declarations who shall hold office during his pleasure.

Declarations under Acts.

7. Where in any Act, Ordinance, or statutory regulation (whether passed or made before or after the commencement of this Act), any declaration is required to be made by any person before some other person, the declaration may, unless the contrary intention appears in the Act, Ordinance, or regulation, be made before the person mentioned in the Act, Ordinance, or regulation or before a Commissioner for Declarations.

Penalty for false declaration.

Cf. 1901, No. 4, s. 68.

8. Any person who wilfully makes any false statement in a statutory declaration shall be guilty of an indictable offence.

Penalty: Four years’ imprisonment.

 

THE SCHEDULE.

 

COMMONWEALTH OF AUSTRALIA.

 

Statutory Declaration.

 

I, (1) , do solemnly and sincerely

declare (2)

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.

(3)

Declared at the   

day of 19  .

Before me,

(4)

(5)

 

(1) Here insert name, address, and occupation of person making the declaration.

(2) Here insert matter declared to. Where the matter is long it should be set out in numbered paragraphs.

(3) Signature of person making the declaration.

(4) Signature of person before whom the declaration is made.

(5) Here insert title of person before whom the declaration is made.

Note.—Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

Overview

The Statutory Declarations Act 1911 was enacted to provide a formal framework for individuals to make solemn declarations for use in various legal and administrative contexts. This Act was introduced to address the need for a standardised method of making legally binding statements outside of court proceedings, thereby facilitating the administration of justice and compliance with legal requirements. The legislation was enacted by the Parliament of Australia and aims to provide a reliable and accessible means for individuals to declare facts that can be used in official capacities. The Act permits any person to make a statutory declaration concerning any matter and specifies the permissible uses of such declarations in various legal and administrative scenarios, while also outlining the penalties for making false declarations.

Scope and Application

The Statutory Declarations Act 1911 applies to any person who wishes to make a statutory declaration in relation to any matter. This includes individuals and entities, across various industries and transactions, where a statutory declaration is a required or permitted form of evidence or proof. The Act permits statutory declarations to be used for various purposes, including in relation to any Act, Ordinance, statutory regulation, or Commonwealth Department administration, unless otherwise specified. However, the Act explicitly states that statutory declarations cannot be used as evidence in judicial proceedings, although they may still be admitted. The geographical scope of the Act is federal, applying throughout the Commonwealth of Australia. There are no exclusions, exemptions, or thresholds stipulated within the Act itself, although specific legislation may impose limitations on the use of statutory declarations. The authority to appoint Commissioners for Declarations and the form of statutory declarations can be further regulated by subordinate instruments issued by the Attorney-General.

Key Provisions

The Statutory Declarations Act 1911 (section 3) allows any individual to make a statutory declaration regarding any matter, provided it is made in accordance with the Act. Section 3(2) specifies that such declarations can be used for various purposes or in connection with any matter arising under an Act, Ordinance, or statutory regulation, or in the administration of any Commonwealth Department, unless otherwise indicated. However, section 3(3) clarifies that while statutory declarations can be used in judicial proceedings, they cannot be solely relied upon as evidence unless permitted by law. The Act (section 6) mandates that the Attorney-General can appoint individuals to serve as Commissioners for Declarations, who hold office at the pleasure of the Attorney-General. These Commissioners are authorized to accept statutory declarations (section 5), which must follow the prescribed form outlined in the Schedule to the Act. Furthermore, section 7 of the Act permits any declaration required by another Act, Ordinance, or statutory regulation to be made before the specified person or a Commissioner for Declarations, unless the contrary is stipulated. Section 8 of the Act establishes that any person who knowingly makes a false statement in a statutory declaration commits an indictable offence. The penalty for such an offence is imprisonment for up to four years, as stipulated in the Act. This severe penalty underscores the importance of the truthfulness and accuracy of statements made in statutory declarations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.