Statutory Declarations Act 1944

Overview

The Statutory Declarations Act 1944 was enacted to amend the Statutory Declarations Act 1911-1922, addressing the need to modernise and expand the framework for statutory declarations in Australia. The Act was assented to on 20 September 1944 and commenced on 18 October 1944. It was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. This amendment introduces broader categories of authorised persons who can witness statutory declarations, thereby enhancing the flexibility and accessibility of the declaration process. The changes aim to streamline the process by aligning it with state laws and removing outdated references to Commissioners for Declarations.

Scope and Application

The Statutory Declarations Act 1944 amends the existing Statutory Declarations Act 1911-1922, consolidating and updating the legal framework governing statutory declarations in Australia. The Act applies to individuals who are authorised to take statutory declarations, expanding the category to include any person recognised under state law to administer such declarations. This amendment ensures that the process of making statutory declarations is streamlined and consistent across different jurisdictions. The scope of the Act is national, as it pertains to the Commonwealth of Australia and its territories, while also accommodating state-specific laws. There are no stated exclusions or thresholds within the Act itself, but it does allow for the possibility of further regulation through subordinate instruments, which may provide additional criteria or specifications for the administration of declarations. This Act, therefore, provides a flexible and updated legislative foundation for statutory declarations, facilitating their use in various legal and administrative contexts across Australia.

Key Provisions

The Statutory Declarations Act 1944 (section 1) serves as an amendment to the Statutory Declarations Act 1911-1922, which is now referred to as the Principal Act within this new Act. The amended Principal Act, incorporating the changes from this 1944 Act, is to be cited as the Statutory Declarations Act 1911-1944. The primary operative section of this Act, section 2, modifies the form of statutory declarations by expanding the list of individuals who are authorised to take such declarations. Specifically, it adds a new category (section 2(e)) to include "a person before whom a statutory declaration may be made under the law of the State in which the declaration is made." This amendment broadens the scope of authorised individuals to include those recognised by state laws. Additionally, section 3 updates section seven of the Principal Act by replacing the term "a Commissioner for Declarations" with "a person before whom a statutory declaration may be made under this Act," thereby aligning the terminology with the expanded authorisations provided in section 2. The Act imposes specific obligations and requirements on the parties involved in making statutory declarations. Under the amended Act, statutory declarations can now be made before a wider range of authorised individuals, including those recognised by state laws (section 2(e)). This means that the person making the declaration must ensure that it is taken before one of these authorised individuals. Furthermore, the declaration must be made in the presence of the authorised individual and signed by the declarant in that presence (section 5 of the Principal Act, as amended). The authorised individual is required to verify the identity of the declarant and attest to the truth of the statement by signing and dating the declaration (section 6 of the Principal Act, as amended). The Act does not explicitly list offences, penalties, or civil/criminal consequences for breaches of its provisions. However, it is likely that any failure to comply with the requirements for making a statutory declaration could be subject to penalties under the existing provisions of the Principal Act, which might include fines or other legal repercussions. The precise penalties would depend on the nature and severity of the breach, as well as any relevant state laws governing statutory declarations. For instance, if a declaration is found to be false or misleading, it could lead to criminal charges under the common law offence of perjury or other relevant statutes, with potential penalties including imprisonment and/or fines.