Oaths and Affirmations Act 2018

The following persons are authorised affidavit takers for the purpose of a person making any affidavit within Victoria for use in any court or tribunal or before a person acting judicially for any purpose or in any way authorised by law (whether by or under any Act, including a Commonwealth Act), by custom or otherwise—

a judicial officer;

an associate to a judicial officer;

an honorary justice;

the prothonotary or a deputy prothonotary of the Supreme Court;

the registrar of probates or an assistant registrar of probates;

the registrar or a deputy registrar of the County Court;

the principal registrar, a registrar or a deputy registrar of the Magistrates' Court;

the principal registrar, a registrar or a deputy registrar of the Children's Court;

the principal registrar, deputy registrar or a registrar of VCAT;

the principal registrar or a registrar of the Coroners Court;

a member of VCAT;

a member or former member of either House of the Parliament of Victoria;

a member or former member of either House of the Parliament of the Commonwealth;

a public notary;

an Australian legal practitioner;

a police officer of or above the rank of sergeant or for the time being in charge of a police station;

a person employed under Part 3 of the Public Administration Act 2004 with a prescribed classification;

a senior officer of a Council as specified in section 48(5) of the Local Government Act 2020;

a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth;

a fellow of the Institute of Legal Executives (Victoria) ACN 004 670 928;

a person acting judicially;

any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to take affidavits;

any prescribed person or person who is a member of a prescribed class of persons.

A court, tribunal or person acting judicially must take judicial and official notice of the seal or signature of any person referred to in subsection (1) on, attached or appended to any affidavit.

For the purpose of subsection (2), judicial and official notice of the seal or signature of the person means that there is a presumption that, unless the contrary is proved—

the person signed the affidavit; and

the person was an authorised affidavit taker at the time of taking the affidavit.

An Australian legal practitioner is not prevented from taking any affidavit by reason only that the legal practitioner is acting for any of the parties to the proceeding, matter or instrument in respect of which the affidavit is sworn or affirmed.

It is not lawful for a person to take an affidavit unless the person is authorised to do so by or under this Act or another Act or by convention.