Statutory Declarations Amendment Regulations 2003 (No. 1)

Overview

The Statutory Declarations Amendment Regulations 2003 (No. 1) were introduced to amend the Statutory Declarations Regulations and address certain gaps and anomalies within the existing framework. Enacted under the authority of the Attorney-General, these regulations were designed to update the list of prescribed persons authorised to witness statutory declarations, ensuring it reflects current professional practices and roles. Specifically, the regulations seek to add Trade Marks Attorneys to the list of authorised persons, aligning their capabilities with those of Patent Attorneys, and to update the name of an existing authorised body, Chartered Secretaries Australia, formerly known as the Institute of Corporate Managers, Secretaries and Administrators. These amendments aim to streamline the process for making statutory declarations and ensure that the list of authorised witnesses is both accurate and comprehensive.

Scope and Application

The Statutory Declarations Amendment Regulations 2003 (No. 1) extend to the entire Commonwealth of Australia and are made under the authority of the Attorney-General in accordance with Section 14 of the Statutory Declarations Act 1959. These regulations amend the Statutory Declarations Regulations 1993 by updating the list of authorised persons who can witness statutory declarations. Specifically, the regulations add Trade Marks Attorneys to the list of prescribed persons, aligning the authority to witness declarations with their professional responsibilities and registration requirements, which are similar to those of Patent Attorneys already listed. Additionally, the regulations update the name of the Institute of Corporate Managers, Secretaries and Administrators to Chartered Secretaries Australia to reflect its recent name change. The regulations omit a previously repealed regulation that is now spent. The amendments are designed to streamline and modernise the regulatory framework for statutory declarations, ensuring it reflects current professional roles and practices within the legal and administrative sectors.

Key Provisions

The Statutory Declarations Amendment Regulations 2003 (No. 1) (the Regulations) amend the Statutory Declarations Regulations 1993 (Principal Regulations) by adding Trade Marks Attorneys to the list of prescribed persons who can witness statutory declarations under the Statutory Declarations Act 1959 (the Act). This is done to address an inconsistency where Patent Attorneys, who have similar responsibilities and registration requirements, are permitted to witness statutory declarations, but Trade Marks Attorneys are not. This amendment is made pursuant to section 14 of the Act, which allows the Governor-General to make regulations not inconsistent with the Act, to prescribe matters required or permitted by the Act, or necessary or convenient to its carrying out. The Regulations also reflect the change in the name of the Institute of Corporate Managers, Secretaries and Administrators to Chartered Secretaries Australia, ensuring that the list of authorised persons remains current and accurate. Under the Act, a statutory declaration must be in the prescribed form, as outlined in the Schedule to the Act, and must be made before a person who is prescribed as an authorised witness (section 8(a) and (b)). The Principal Regulations originally listed the persons who could witness statutory declarations and have been amended several times to include additional professional bodies and to modify some of the original categories. The Regulations now add Trade Marks Attorneys to this list, aligning the authority to witness statutory declarations with the roles and responsibilities of similar professions. Entities and individuals who require statutory declarations must now ensure that their declarations are witnessed by a person on the updated list of prescribed witnesses. This includes Trade Marks Attorneys, who have now been added to the list, meaning they can now legally witness statutory declarations. This change is intended to streamline the process and remove inconsistencies in the authorisation of witnesses. The Regulations also update the name of an existing authorised body, Chartered Secretaries Australia, which was previously known as the Institute of Corporate Managers, Secretaries and Administrators, ensuring clarity and accuracy in the list of authorised witnesses. The Regulations impose specific obligations on the entities and individuals involved in the process of making statutory declarations. They mandate that statutory declarations must adhere to the form specified in the Schedule to the Act and must be witnessed by a person who is listed as an authorised witness in the Regulations. The addition of Trade Marks Attorneys to the list of authorised witnesses means that these professionals can now legally witness statutory declarations, aligning their authority with that of Patent Attorneys. Furthermore, the update of the name of Chartered Secretaries Australia ensures that the list remains accurate and reflects current organisational names. Breaches of the requirements under the Act and Regulations, such as making a statutory declaration that does not comply with the prescribed form or is not witnessed by an authorised person, may result in legal consequences. While the Regulations themselves do not specify penalties for non-compliance, the Act may impose penalties for making a false statutory declaration, which is an offence under section 12 of the Act. Such offences can result in criminal charges and penalties, including fines and imprisonment. The specific penalties for making a false statutory declaration are outlined in the Act and can vary based on the circumstances of the offence.