Oaths, Affidavits and Statutory Declarations Act 2005

Unless another written law provides otherwise, a statutory declaration for any purpose in this State must be made in accordance with this section.

The statutory declaration must be in the form in Schedule 1.

The person who is making the statutory declaration must —

sign or personally mark the statutory declaration; and

sign or initial any alteration, such as an insertion or erasure, that has been made to the statutory declaration; and

in the presence of an authorised witness declare orally —

that he or she is the person named as the maker of the statutory declaration; and

that the contents of the statutory declaration are true; and

that the signature or mark is his or hers; and

if necessary, that any attachment to the statutory declaration is the attachment referred to in it.

The requirements of subsection (3)(a) and (b) need not be complied with in the presence of an authorised witness.

After the maker has complied with subsection (3)(c), the authorised witness must —

sign or personally mark the statutory declaration; and

sign or initial any alteration in the statutory declaration that has been signed or initialled by the maker; and

imprint or clearly write his or her name and qualification as an authorised witness.

An authorised witness for a statutory declaration is —

for a statutory declaration that is made at a place in Western Australia —

any person described in the second column of Schedule 2; or

any person before whom, under the Statutory Declarations Act 1959 of the Commonwealth, a statutory declaration may be made;

for a statutory declaration that is made at a place outside Western Australia but within Australia —

any person who, under the law of that place, has authority to take or receive a statutory, solemn or other declaration; or

any person before whom, under the Statutory Declarations Act 1959 of the Commonwealth, a statutory declaration may be made;

for a statutory declaration that is made at any other place —

a prescribed consular official who is performing official functions at that place;

a person who is a justice or notary public under the law of that place;

a person who has authority under the law of that place to administer an oath to another person or to take, receive or witness a statutory, solemn or other declaration.

Regulations may amend Schedule 2 by adding a new item to it or by deleting or amending an item in it.