Statutory Declarations Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the

Commonwealth of Australia, acting with the advice of the Federal Executive Council,
make the following regulations.

Dated 13 September 2018

Peter Cosgrove
Governor-General

By His Excellency’s Command

Christian Porter
Attorney-General

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Contents
1 Name ........................................................................................................................... 1
2 Commencement .......................................................................................................... 1
3 Authority ..................................................................................................................... 1
4 Schedules .................................................................................................................... 1
5 Definitions .................................................................................................................. 1
6 Statutory declaration—prescribed form ...................................................................... 2
7 Persons before whom a statutory declaration may be made ........................................ 2
8 Transitional—form of statutory declaration ................................................................ 2

Schedule 1—Form of statutory declaration 3

Schedule 2—Persons before whom a statutory declaration may

be made 4

Part 1—Occupations 4
1 Listing of occupations ................................................................................................. 4

Part 2—Other persons 5

2 Listing of persons........................................................................................................ 5

Schedule 3—Repeals 7
Statutory Declarations Regulations 1993 7

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 Section 1

1 Name
This instrument is the Statutory Declarations Regulations 2018.

2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences,
or is taken to have commenced, in accordance with column 2 of the table. Any
other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this The day after this instrument is registered. 18 September 2018
instrument
Note: This table relates only to the provisions of this instrument as originally made. It will
not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument.
Information may be inserted in this column, or information in it may be edited, in
any published version of this instrument.

3 Authority
This instrument is made under the Statutory Declarations Act 1959.

4 Schedules
Each instrument that is specified in Schedule 3 to this instrument is amended or
repealed as set out in the applicable items in that Schedule concerned, and any
other item in that Schedule has effect according to its terms.

5 Definitions
In this instrument:
Act means the Statutory Declarations Act 1959.
address, of a person:
(a) means the address of the person’s home or another premises at which the
person can be contacted; and
(b) to avoid doubt, does not include the person’s email address.
Commonwealth authority means:
(a) a Commonwealth entity within the meaning of the Public Governance,
Performance and Accountability Act 2013; or
(b) a Commonwealth company within the meaning of the Public Governance,
Performance and Accountability Act 2013.

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Section 6
6 Statutory declaration—prescribed form
For the purposes of paragraph 8(a) of the Act, the form set out in Schedule 1 is
prescribed.

7 Persons before whom a statutory declaration may be made

For the purposes of paragraph 8(b) of the Act, each of the following persons is
prescribed:
(a) a person who is enrolled on the roll of the Supreme Court of a State or
Territory, or the High Court of Australia, as a legal practitioner (however
described);
(b) a person who, under a law of the Commonwealth, a State or Territory, is
currently licensed or registered to practise in Australia in an occupation
listed in Part 1 of Schedule 2;
(c) a person who is listed in Part 2 of Schedule 2.

8 Transitional—form of statutory declaration

A statutory declaration made in the form, and before a person, prescribed by the
Statutory Declarations Regulations 1993 either before, or during the six-month
period starting on, the day this instrument commences, has effect, on and after
that day, as if it were made in the form, and before a person, prescribed by this
instrument.

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 Form of statutory declaration Schedule 1

Schedule 1—Form of statutory declaration

Note: See section 6.

STATUTORY DECLARATION

Statutory Declarations Act 1959

I, [Name, address and occupation of person making the declaration] make the following
declaration under the Statutory Declarations Act 1959:

1. [Set out matter declared to in numbered paragraphs]

2.

3.

I understand that a person who intentionally makes a false statement in a statutory declaration
is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe
that the statements in this declaration are true in every particular.

[Signature of person making the declaration]

[Optional: Email address and/or telephone number of person making the declaration]

Declared at [place] on [day] of [month] [year]

Before me,

[Signature of person before whom the declaration is made]

[Full name, qualification and address of person before whom the declaration is made (in
printed letters)]

[Optional: Email address and/or telephone number of person before whom the declaration is
made]
Note 1: A person who intentionally makes a false statement in a statutory declaration is guilty
of an offence, the punishment for which is imprisonment for a term of 4 years—see
section 11 of the Statutory Declarations Act 1959.
Note 2: Chapter 2 of the Criminal Code applies to all offences against the Statutory
Declarations Act 1959—see section 5A of the Statutory Declarations Act 1959.

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Schedule 2 Persons before whom a statutory declaration may be made
Part 1 Occupations

Clause 1

Schedule 2—Persons before whom a statutory

declaration may be made
Note: See section 7.

Part 1—Occupations

1 Listing of occupations
The following table lists occupations for the purposes of paragraph 7(b).

Item Occupation
1 Architect
2 Chiropractor
3 Dentist
4 Financial adviser or financial planner
5 Legal practitioner
6 Medical practitioner
7 Midwife
8 Migration agent registered under Division 3 of Part 3 of the Migration Act 1958
9 Nurse
10 Occupational therapist
11 Optometrist
12 Patent attorney
13 Pharmacist
14 Physiotherapist
15 Psychologist
16 Trade marks attorney
17 Veterinary surgeon

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 Persons before whom a statutory declaration may be made Schedule 2
Other persons Part 2

Clause 2

Part 2—Other persons

2 Listing of persons
The following table lists persons for the purposes of paragraph 7(c).

Item Person
1 Accountant who is:
(a) a fellow of the National Tax Accountants’ Association; or
(b) a member of any of the following:
(i) Chartered Accountants Australia and New Zealand;
(ii) the Association of Taxation and Management Accountants;
(iii) CPA Australia;
(iv) the Institute of Public Accountants
2 Agent of the Australian Postal Corporation who is in charge of an office supplying postal
services to the public
3 APS employee engaged on an ongoing basis with 5 or more years of continuous service who
is not specified in another item of this Part
4 Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the
Consular Fees Act 1955)
5 Bailiff
6 Bank officer with 5 or more continuous years of service
7 Building society officer with 5 or more years of continuous service
8 Chief executive officer of a Commonwealth court
9 Clerk of a court
10 Commissioner for Affidavits
11 Commissioner for Declarations
12 Credit union officer with 5 or more years of continuous service
13 Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years
of continuous service who is not specified in another item in this Part
14 Employee of the Australian Trade and Investment Commission who is:
(a) in a country or place outside Australia; and
(b) authorised under paragraph 3(d) of the Consular Fees Act 1955; and
(c) exercising the employee’s function at that place
15 Employee of the Commonwealth who is:
(a) at a place outside Australia; and
(b) authorised under paragraph 3(c) of the Consular Fees Act 1955; and
(c) exercising the employee’s function at that place
16 Engineer who is:
(a) a member of Engineers Australia, other than at the grade of student; or
(b) a Registered Professional Engineer of Professionals Australia; or
(c) registered as an engineer under a law of the Commonwealth, a State or Territory; or
(d) registered on the National Engineering Register by Engineers Australia
17 Finance company officer with 5 or more years of continuous service

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Schedule 2 Persons before whom a statutory declaration may be made
Part 2 Other persons

Clause 2

Item Person
18 Holder of a statutory office not specified in another item of this Part
19 Judge
20 Justice of the Peace
21 Magistrate
22 Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage
Act 1961
23 Master of a court
24 Member of the Australian Defence Force who is:
(a) an officer; or
(b) a non-commissioned officer within the meaning of the Defence Force Discipline Act
1982 with 5 or more years of continuous service; or
(c) a warrant officer within the meaning of that Act
25 Member of the Australasian Institute of Mining and Metallurgy
26 Member of the Governance Institute of Australia Ltd
27 Member of:
(a) the Parliament of the Commonwealth; or
(b) the Parliament of a State; or
(c) a Territory legislature; or
(d) a local government authority
28 Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage
Act 1961
29 Notary public, including a notary public (however described) exercising functions at a place
outside:
(a) the Commonwealth; and
(b) the external Territories of the Commonwealth
30 Permanent employee of the Australian Postal Corporation with 5 or more years of continuous
service who is employed in an office providing postal services to the public
31 Permanent employee of:
(a) a State or Territory or a State or Territory authority; or
(b) a local government authority;
with 5 or more years of continuous service, other than such an employee who is specified in
another item of this Part
32 Person before whom a statutory declaration may be made under the law of the State or
Territory in which the declaration is made
33 Police officer
34 Registrar, or Deputy Registrar, of a court
35 Senior executive employee of a Commonwealth authority
36 Senior executive employee of a State or Territory
37 SES employee of the Commonwealth
38 Sheriff
39 Sheriff’s officer
40 Teacher employed on a permanent full-time or part-time basis at a school or tertiary
education institution

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 Repeals Schedule 3

Schedule 3—Repeals

Statutory Declarations Regulations 1993

1 The whole of the instrument
Repeal the instrument.

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