Statutory Declarations Amendment Regulations 2002 (No. 1) 2002 No. 70
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 70
Issued by the Authority of the Attorney-General
Statutory Declarations Act 1959
Statutory Declarations Amendment Regulations 2002 (No. 1)
Section 14 of the Statutory Declarations Act 1959 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed.
Section 8 of the Act provides, amongst other matters, that a statutory declaration must be made before a prescribed person.
The purpose of the Regulations is to prescribe locally engaged staff at Australian overseas posts as persons before whom statutory declarations may be made.
Details of the Regulations are set out in the attachment.
The Regulations commenced on gazettal.
Attachment
Regulation 1 is formal.
Regulation 2 provides that the Regulations commenced on gazettal.
Regulation 3 provides that Schedule 1 in the Regulations amends the Statutory Declarations Regulations.
Item 1 of Schedule 1 changes the name of the regulations from the Statutory Declaration Regulations to the Statutory Declarations Regulations 1993. This accords with modem drafting practice in relation to the naming of regulations.
Item 2 of Schedule 1 replaces a reference in the existing regulations to the Consular Fees Act 1985 with the correct reference to the Consular Fees Act 1955.
Item 3 of Schedule 1 amends the Schedule to the existing regulations to extend the categories of persons before whom a statutory declaration may be made. The amendment prescribes locally engaged staff at overseas posts as persons before whom a statutory declaration may be made. These are employees of the Commonwealth, or of the Australian Trade Commission, who are authorised in writing by the Secretary of the Department of Foreign Affairs and Trade to carry out consular acts at overseas Posts.
Overview
The Statutory Declarations Amendment Regulations 2002 (No. 1) were enacted to address a gap in the current regulatory framework under the Statutory Declarations Act 1959. These regulations were issued by the authority of the Attorney-General, aiming to enhance the flexibility and efficiency of the legal processes associated with statutory declarations, particularly in the context of Australian overseas posts. By amending the Statutory Declarations Regulations 1993, the regulations introduce locally engaged staff at these posts as authorised persons who can attest to statutory declarations, thereby facilitating smoother operations and legal compliance in international settings. The primary policy objective of these amendments is to streamline the process of making statutory declarations abroad, ensuring that they can be executed in a timely and authorised manner by personnel who are specifically designated for consular acts.
Scope and Application
The Statutory Declarations Amendment Regulations 2002 (No. 1) are subsidiary legislation enacted under the Statutory Declarations Act 1959, and they apply to the Commonwealth of Australia and its territories. These regulations are designed to amend the existing Statutory Declarations Regulations to ensure they align with modern drafting practices and to rectify specific errors in referencing other Acts. The amendments also extend the categories of authorised persons who can attest to statutory declarations, specifically including locally engaged staff at Australian overseas posts. These locally engaged staff must be Commonwealth or Australian Trade Commission employees authorised by the Secretary of the Department of Foreign Affairs and Trade to perform consular duties at overseas posts. The regulations came into effect upon gazette and do not specify any exclusions or thresholds but rather focus on broadening the scope of authorised persons within the statutory framework. The application of these regulations is limited to the prescribed persons and does not extend beyond the confines of the Statutory Declarations Act 1959 and its subordinate instruments.
Key Provisions
The Statutory Declarations Amendment Regulations 2002 (No. 1) (Regulations) make changes to the existing Statutory Declarations Regulations by amending Schedule 1 (Regulation 3, Item 3). These amendments extend the categories of persons before whom a statutory declaration may be made to include locally engaged staff at Australian overseas posts. Specifically, the amendments allow statutory declarations to be made before locally engaged staff who are employees of the Commonwealth or of the Australian Trade Commission, and who have been authorised in writing by the Secretary of the Department of Foreign Affairs and Trade to carry out consular acts at overseas posts (Schedule 1, Item 3).
The Regulations impose obligations on those locally engaged staff who are authorised to take statutory declarations. These individuals must adhere to the prescribed procedures and requirements outlined in the Statutory Declarations Act 1959 (the Act) when administering statutory declarations. This includes ensuring that the declarant is aware of the nature and consequences of the declaration, and that the declaration is made voluntarily and without duress. Additionally, the authorised staff must record the declaration accurately and keep a register of declarations made before them.
Failure to comply with the requirements of the Act and the Regulations can result in both civil and criminal consequences. Under Section 16 of the Act, any person who makes a false statement in a statutory declaration commits an offence and is liable to a penalty. The maximum penalty for this offence is imprisonment for two years or a fine of 120 penalty units, or both. Additionally, any person who knowingly or recklessly makes a false statement in a statutory declaration may also be subject to civil proceedings for damages resulting from the false declaration. These provisions ensure that statutory declarations are made with due care and accuracy, maintaining the integrity and reliability of the declarations process.