Statutory Declarations Regulations 1991 No. 398
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 398 STATUTORY DECLARATIONS ACT 1959
STATUTORY DECLARATIONS REGULATIONS
Section 14 of the Statutory Declarations Act 1959 (the Act), as amended by the Law and Justice Legislation Amendment Act 1991 ("LAJLAB") 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 was also amended by LAJLAB to provide 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
Regulation 4 for the purposes of paragraph 8(b) of the Act, lists in the Schedule the prescribed persons before whom a statutory declaration may be made.
Details of the Regulations are as follows:
Regulation 1 is formal
Regulation 2 gives a commencement date of 12 December 1991.
Regulation 3 is interpretative. It defines the Act as meaning the Statutory Declarations Act 1959.
Regulation 4 provides that the persons specified in the Schedule are persons before whom a statutory declaration may be made. The list is extensive and will include a broad cross-section of the community. The broader range of persons who may now witness a statutory declaration is in accord with the policy to maximise access to persons before whom a statutory declaration may be made. At the same time, control is retained, in order that proof of the making of declarations will not be jeopardised where and when such proof is required, and so as to ensure that the solemnity of a declaration is not diminished.
Attorney-General
Overview
The Statutory Declarations Regulations 1991 (No. 398) were introduced to provide further details and guidelines for the implementation of the Statutory Declarations Act 1959. Enacted by the Parliament of Australia, the Act was designed to address the need for a formal mechanism to allow individuals to make statements under oath outside of a court setting. The regulations, made under Section 14 of the Act, were developed in response to amendments introduced by the Law and Justice Legislation Amendment Act 1991 (LAJLAB), which necessitated a more structured approach to the administration of statutory declarations. The primary policy objective behind these regulations is to balance accessibility with the integrity and solemnity of the declaration process, ensuring that a wide range of authorised individuals can witness statutory declarations without compromising their evidentiary value.
Scope and Application
The Statutory Declarations Regulations 1991 apply to the provisions of the Statutory Declarations Act 1959, which was amended by the Law and Justice Legislation Amendment Act 1991 (LAJLAB). These regulations govern the formalities and procedures necessary for making statutory declarations, ensuring they are made in a prescribed form and before an authorised person. The Act applies to all individuals and entities that require the making of statutory declarations within the Commonwealth of Australia, providing a flexible and accessible means for individuals to formally declare certain facts or information. Regulation 4, in particular, expands the list of prescribed persons who are authorised to witness the making of a statutory declaration, thereby broadening the scope of who can attest to the veracity of such declarations. This list includes a wide range of professionals and public officials, thereby ensuring that the process remains both accessible and reliable. These regulations do not specify any exclusions, exemptions, or thresholds, applying broadly across the Commonwealth to facilitate the efficient and lawful execution of statutory declarations.
Key Provisions
The Statutory Declarations Regulations 1991 No. 398 (the Regulations) provide detailed guidance on how statutory declarations can be made under the Statutory Declarations Act 1959 (the Act). Regulation 4, in particular, specifies the types of people who are authorised to witness a statutory declaration. These include individuals such as solicitors, notaries public, Justices of the Peace, and members of the clergy, among others (Reg. 4). This regulation aims to ensure that a wide range of community members can witness declarations, thereby enhancing accessibility while maintaining the integrity and solemnity of the process.
Under the Act, statutory declarations must adhere to a prescribed format (s. 8(a)) and be made before a person listed in the Regulations (s. 8(b)). The Act's Section 8 was amended by the Law and Justice Legislation Amendment Act 1991 (LAJLAB) to enforce these requirements, ensuring that the declarations are both uniform and validly witnessed. The prescribed format ensures consistency and clarity in the declarations, while the list of authorised persons helps maintain the reliability and credibility of the witnessing process.
The Regulations impose several obligations on both the person making the declaration and the person witnessing it. The declarant must ensure that the declaration is made in the prescribed form and before an authorised witness (s. 8(a) and (b)). The witness, on the other hand, must verify the identity of the declarant and confirm that the declaration is made voluntarily and truthfully (Reg. 4). These obligations are crucial for maintaining the integrity of the statutory declaration process.
Failure to comply with the Act and the Regulations can lead to significant legal consequences. Although the Act itself does not specify penalties, any fraudulent making or witnessing of a statutory declaration could potentially be prosecuted under general criminal law provisions for offences such as fraud or perjury. The Regulations, while comprehensive, do not detail specific penalties but instead rely on the overarching legal framework to enforce compliance. The seriousness of these potential consequences underscores the importance of adhering to the Act's requirements and the Regulations' guidelines.