Statutory Declarations Regulations (Amendment) 1997 No. 339
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 339
Issued by the Authority of the Attorney-General
Statutory Declarations Act 1959
Statutory Declarations Regulations (Amendment)
Section 14 of the Statutory Declarations Act 1959 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters necessary or convenient to be prescribed for, carrying out or giving effect to the Act.
Section 8 of the Act provides that a statutory declaration made under the Act must -
(a) be in the form in the Schedule; and
(b) be made before a prescribed person.
The Act was amended in 1991 to remove the provisions for the appointment of Commissioners for Declarations and to provide that statutory declarations could be witnessed by any class of persons referred to in regulations. Regulations containing a list of prescribed persons authorised to witness statutory declarations came into force on 5 December 1991.
The Regulations were amended in 1993 to include additional professional bodies as well as qualifying some of the original categories of persons able to witness statutory declarations.
Further representations have been received from professional bodies and organisations expressing concern that their members are not included in the list of persons able to witness statutory declarations. The proposed new regulations will prescribe additional classes of persons before whom statutory declarations may be made.
Details of the proposed regulations are as follows:
Regulation 1 is formal.
Regulation 2 amends the Schedule to the regulations to add to, the list of persons before whom a statutory declaration may be made, the following additional classes of persons
- Physiotherapists;
- Psychologists;
- Fellows of the National Tax Accountants' Association;
- Finance company officers with 5 or more years continuous service; and
- Members of the Association of Taxation and Management Accountants.
Overview
The Statutory Declarations Regulations (Amendment) 1997 No. 339, issued under the authority of the Attorney-General, amend the Statutory Declarations Regulations to update the list of persons authorised to witness statutory declarations. These amendments respond to concerns raised by various professional bodies and organisations that their members were not included in the existing list of persons able to witness such declarations. This change aims to broaden the range of authorised individuals, ensuring that a wider array of professionals can facilitate the process of making statutory declarations, thereby addressing gaps in the previous regulatory framework. The policy objective, as outlined in the Statutory Declarations Act 1959, is to enable the Governor-General to issue regulations necessary for carrying out the Act, ensuring that statutory declarations can be made in a manner that is both convenient and compliant with legislative requirements.
Scope and Application
The Statutory Declarations Regulations (Amendment) 1997 No. 339 amends the Statutory Declarations Regulations to include additional classes of persons authorised to witness statutory declarations under the Statutory Declarations Act 1959. The Act applies to statutory declarations made under its provisions, which must adhere to the specified form and be witnessed by a person prescribed under the regulations. The amendment extends the list of authorised witnesses to include physiotherapists, psychologists, fellows of the National Tax Accountants' Association, finance company officers with at least five years of continuous service, and members of the Association of Taxation and Management Accountants. This extension is intended to address concerns from professional bodies and organisations that their members were not included in the original list of authorised witnesses. The regulations do not specify any exclusions or thresholds for the application of the Act, which applies nationally across Australia. The authority to make these regulations derives from section 14 of the Act, enabling the Governor-General to issue regulations necessary or convenient for implementing the Act. These regulations are subordinate instruments that further define the scope of the Act.
Key Provisions
The Statutory Declarations Regulations (Amendment) 1997 No. 339 (the Regulations) amend the existing Statutory Declarations Regulations to introduce new categories of authorised witnesses for statutory declarations under the Statutory Declarations Act 1959 (the Act). Specifically, Regulation 2 modifies the Schedule to the regulations by adding physiotherapists, psychologists, fellows of the National Tax Accountants' Association, finance company officers with at least five years of continuous service, and members of the Association of Taxation and Management Accountants to the list of persons authorised to witness statutory declarations (Reg. 2). This amendment responds to concerns from various professional bodies and organisations that their members were not included in the original list of authorised witnesses.
Under the Act, a statutory declaration must be made in a specific form (s. 8(a)) and witnessed by a person prescribed in the regulations (s. 8(b)). The Regulations, as amended, impose obligations on the authorised witnesses to ensure they are aware of their responsibilities in witnessing statutory declarations. These obligations include verifying the identity of the declarant, ensuring the declaration is made voluntarily, and confirming that the declarant understands the contents and significance of the declaration. The inclusion of additional professional bodies in the regulations extends the pool of authorised witnesses, providing greater flexibility and accessibility for individuals making statutory declarations.
The Act and the Regulations do not explicitly outline specific offences or penalties for breaches related to the witnessing of statutory declarations. However, any breach of the requirements for making a statutory declaration could potentially lead to legal consequences under other relevant legislation, such as penalties for making false statements or documents. The Act itself does not prescribe specific penalties for non-compliance, but it is important for authorised witnesses to adhere to their obligations to avoid any potential civil or criminal liability that might arise from improper witnessing of statutory declarations.
Overall, the Regulations aim to enhance the accessibility and convenience of making statutory declarations by expanding the list of authorised witnesses. This change ensures that a broader range of professionals can facilitate the process, thereby accommodating the needs of various sectors and professions within the community.