Requirements of authorised affidavit taker
26 Requirements of authorised affidavit taker
An authorised affidavit taker before whom an affidavit is sworn or affirmed must do the following—
sign or initial any alteration to the affidavit;
sign each page of the affidavit;
administer the oath or affirmation to the deponent in accordance with Part 2;
comply with section 27.
If an affidavit refers to a document, the authorised affidavit taker must attach a certificate to the document identifying the document as an exhibit to the affidavit and do the following—
sign and date the certificate;
write, type or stamp below the affidavit taker's signature on the certificate the details referred to in section 27(1)(c).
Note
A certificate under this subsection may be prepared or produced by a person other than the authorised affidavit taker.
An authorised affidavit taker must ensure that an affidavit is dated.
Part 5 does not apply to a certificate attached to an exhibit under this section.
S. 26(5) inserted by No. 11/2021 s. 72.
If an affidavit has been signed and sworn or affirmed by a deponent under section 25 by audio visual link, an authorised affidavit taker may use a scanned or electronic copy of the affidavit for the purposes of complying with the requirements of this section and section 27.
Note
See the offence in section 126B of the Evidence (Miscellaneous Provisions) Act 1958.
This Act’s bill:Explanatory memorandumSecond reading speech
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