Oaths Regulation 2024

This regulation is the Oaths Regulation 2024.

This regulation commences on 1 September 2024.

Note—

This regulation replaces the Oaths Regulation 2017, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

The dictionary in Schedule 2 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

For the Act, section 34(3)(c), an authorised witness is exempted from the requirement under the Act, section 34(1)(a) to see the face of a person making a statutory declaration or affidavit if—

the person is wearing a face covering, and

the authorised witness is satisfied the person has a special justification for not removing the face covering.

Note—

A special justification includes having a legitimate medical reason for not removing the face covering.

For the Act, section 34(1)(b), an authorised witness knows a person if the authorised witness has known the person for a period of at least 12 months.

For the Act, section 34(1)(b), an authorised witness satisfies the requirement to confirm the identity of a person making a statutory declaration or affidavit if, before the declaration or affidavit is made, the authorised witness sights an original or certified copy of an identification document relating to the person.

For subsection (1), an authorised witness must not rely on an identification document if the document—

has expired, other than an Australian passport that has been expired for less than 2 years, or

has been cancelled, or

is referred to in the definition of identification document, paragraph (c), (d), (e), (g) or (j) and is in a language other than English, unless the document is accompanied by a document purporting to contain an English translation of the identification document, or

is referred to in the definition of identification document, paragraph (l)(iii) and is more than 1 year old, or

Note—

Under subsection (2)(a), an authorised witness must not rely on a credit card or passbook that has expired.

is referred to in the definition of identification document, paragraph (m) or (n) and is more than 2 years old.

For subsection (1), a copy of a document may be certified as a true copy of the original by—

an authorised witness, or

a person authorised to take and receive statutory declarations under the Act, section 21(1).

For the Act, section 34(1)(c), an authorised witness certifies the Act, section 34 has been complied with by certifying the following matters in a certificate on the declaration or affidavit—

that the authorised witness—

saw the face of the person making the declaration or affidavit, or

did not see the face of the person because of a face covering, but is satisfied the person had a special justification for not removing the covering,

that the authorised witness—

knows the person, or

has, in compliance with section 5, confirmed the person’s identity based on an identification document presented to the authorised witness,

if the authorised witness has relied on an identification document to confirm the identity of the person—that the document on which the authorised witness relied is the document specified by the authorised witness in the certificate.

A certificate may, but need not, be in the form set out in Schedule 1.

An act, matter or thing that, immediately before the repeal of the Oaths Regulation 2017, had effect under that regulation continues to have effect under this regulation.