Supreme Court Rules 2000

An affidavit sworn and taken in any place out of Australia may be sworn – before a person exercising the functions of any of the following offices:an Australian consular officer; an envoy or a Secretary of embassy or legation; an acting consul or proconsul of any part of the Sovereign's dominions; or before any person having authority to administer an oath in that place.

In this rule,Australian consular officer means a person appointed to hold or act in any of the following offices of the Commonwealth in a country or place outside Australia:Ambassador; High Commissioner; Minister; Head of Mission; Commissioner; Charge d'affaires; Counsellor or Secretary at a diplomatic post; Consul-General; Consul; Vice-Consul; Trade Commissioner; Consular Agent.

If a person purports to have the authority referred to in subrule (1)(b), the Court or a judge is to take judicial notice of the seal or signature of the person appended to any affidavit.

For the purpose of subrule (1)(a)(iii), judicial notice may be taken as to which places are or are not under the dominion of the Sovereign.

If a person purports to have the authority referred to in subrule (1)(b) by the law of a foreign country and not under the dominion of the Sovereign, the authority may be verified by any of the persons mentioned in subrule (1)(a) or by the certificate of a court of the country.

If an authority purports to be verified under subrule (5), the relevant affidavit is admissible for all purposes without further proof of – the seal or signature; or the office or other character of the relevant person.