Offence to require payment of fee to take affidavit
20 Offence to require payment of fee to take affidavit
Subject to subsection (2), an authorised affidavit taker referred to in section 19 must not request, require or accept the payment of a fee for—
administering an oath or affirmation for an affidavit; or
signing an affidavit.
- 10 penalty units.
Note
Section 46 of the Honorary Justices Act 2014 provides that it is an offence for an honorary justice to demand, take or accept from any person any fee, gratuity, patronage or reward for carrying out duties under that Act.
It is not an offence for a public notary to request, require or accept the payment of a fee for taking an affidavit when performing services or notarial acts which relate to documents intended solely for use outside Australia.
This Act’s bill:Explanatory memorandumSecond reading speech
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