Statutory Declarations Act 1922

Overview

The Statutory Declarations Act 1922 was enacted to amend the existing Statutory Declarations Act 1911. This Act was introduced to address certain gaps in the existing framework, specifically to expand the class of authorised persons who can witness statutory declarations. The legislation was enacted by the Parliament of the Commonwealth of Australia and was assented to on 30th August 1922. One of the primary objectives of this Act was to extend the authority to witness statutory declarations to include Notary Publics, thereby broadening the pool of individuals capable of authenticating such declarations. Additionally, the Act aimed to extend its applicability to territories under the authority of the Commonwealth, thereby ensuring that the procedures outlined within the Act could be uniformly applied across various regions.

Scope and Application

The Statutory Declarations Act 1922 applies to the Commonwealth of Australia, including its territories under the authority, and is an amendment to the Statutory Declarations Act 1911. This Act allows a statutory declaration to be made before a notary public, in addition to other authorised persons as previously stipulated. The application of this Act extends to any territories held under a mandate by the Commonwealth, as determined by the Governor-General through proclamation. Notably, the Act does not specify exclusions or exemptions, and any further application or restrictions are left to be defined through subordinate instruments issued by the Governor-General.

Key Provisions

The Statutory Declarations Act 1922 amends the earlier Statutory Declarations Act 1911, primarily by expanding the list of authorised persons who can witness the making of statutory declarations. Under the amended Act, a statutory declaration can now be made before a Notary Public, in addition to the existing authorised persons (sections 2 and 5). This change enhances the flexibility and accessibility of the statutory declaration process, allowing a wider range of professionals to witness declarations. The Act also extends its application to territories under the Commonwealth's authority, as declared by the Governor-General through a Proclamation (section 9). Parties and entities governed by the Statutory Declarations Act 1922 are required to adhere to the provisions set out in the Act when making statutory declarations. These obligations include ensuring that the declaration is made in the presence of an authorised person, such as a Notary Public, and that the declarant fully understands the content of the declaration and that it is truthful and accurate. Additionally, the Act mandates that the declarant sign the declaration in the presence of the witness, who must also sign and date the declaration, attesting to its authenticity. Failure to comply with the requirements of the Statutory Declarations Act 1922 can result in both civil and criminal consequences. If a person knowingly makes a false statement in a statutory declaration, they may be subject to prosecution under relevant laws for offences such as perjury or providing false information. The maximum penalties for such offences can be severe, including imprisonment and fines. Additionally, any person who wilfully makes a false declaration may also be liable to civil actions, such as lawsuits for damages resulting from the reliance on the false declaration. It is crucial for all parties involved in the statutory declaration process to strictly adhere to the Act's requirements to avoid these potential legal repercussions.