Swearing of affidavits
262 Swearing of affidavits
An affidavit to be used for the purposes of this Act may be sworn within the Commonwealth or a Territory before a person authorized to administer oaths for the purposes of the High Court or the Supreme Court of a State or Territory, a Judge of a Court having jurisdiction under this Act, an Official Receiver, a justice of the peace, a commissioner for affidavits or a commissioner for declarations.
An affidavit to be used for the purposes of this Act may be sworn at a place outside the Commonwealth and the Territories before:
a Commissioner of the High Court authorized to administer oaths in that place for the purposes of the High Court;
a commissioner of the Supreme Court of a State or Territory for taking affidavits empowered and authorized to act in that place;
an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the Consular Fees Act 1955, exercising his or her function in that place;
an employee of the Commonwealth who is:
authorised under paragraph 3(c) of the Consular Fees Act 1955; and
exercising his or her function in that place;
an employee of the Australian Trade and Investment Commission who is:
authorised under paragraph 3(d) of the Consular Fees Act 1955; and
exercising his or her function in that place;
a notary public exercising his or her function in that place; or
a person qualified to administer an oath in that place, being a person certified by a person mentioned in any of paragraphs (aa) to (c), or by the superior court of that place, to be so qualified.
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