Section 1 of a statutory declaration requires you to write your: name; address; occupation Series; In force; Legislative instrument - Regulations: Administered by: Attorney-General's + Sunset Information. 6. provide a clearer definition of ‘address’ to clarify that the address provided does not have to be a residential address. Dated 13 September 2018. Any attachments to the Declaration must be certified by a prescribed person. updates the names of professional accounting bodies and consolidates the category of accountants under one item; broadens the current category of engineers to include Registered Professional Engineers of Professionals Australia, registered engineers under a law of the Commonwealth, State or Territory, and engineers registered on the National Engineering Register by Engineers Australia; clarifies that a Notary Public appointed in Australia, and a Notary Public (however described) appointed outside Australia exercising their functions in that place are able to witness a Commonwealth statutory declaration; updates references to be consistent with the. This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the. Important COVID-19 information Coronavirus (COVID-19) and the Attorney-General’s Department: Find out how our services are being delivered and how you can access them. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. Notes to the Statutory Declarations Regulations 1993. To get a statutory declaration for your state or territory, search online for: statutory declarations in your state or territory; the Department of Justice or Attorney-General in your state or territory; Form 888 statutory declarations. The legislative instrument engages the following human rights: the right to recognition everywhere as a person before the law: Article 16 of the, International Covenant on Civil and Political Rights, Convention on the Rights of Persons with Disabilities, right to non-discrimination: Article 2 of the ICCPR, right to hold opinions without interference and the right to freedom of expression: Article 19 of the ICCPR, right to equality before the law: Article 26 of the ICCPR, Article 5 of the. The person making the statutory declaration must say certain words to confirm the truth of the statement in the presence of you, the authorised statutory declaration witness. 2. SR 1993 No. The Instrument engages the right to non-discrimination and promotes this right on the basis that any person is able to declare a written statement to be true as evidence in the form of a Commonwealth statutory declaration and therefore the Instrument promotes the right to non‑discrimination. 15. Certifications) Regulations 2018 S.R. This Statutory Instrument has been made in consequence of defects in S.I. This instrument is the Statutory Declarations Regulations 2018. Statutory rule number 152/2018. Laid before the House of Commons. Further policy guidance about how to make a statutory declaration will be provided on the Attorney-General’s website to assist people who have a disability such as a visual impairment or who are unable to write for the purposes of making a statutory declaration. Note: This table relates only to the provisions of this instrument as originally made. Schedules 5. It adds architects, midwives, migration agents registered under Division 3 of Part 3 of the. 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. As discussed at paragraphs 10 to 15, Schedule 1 of the Instrument creates some limitation on the right to privacy for the purpose of assisting the receiving organisation to verify the declaration. Oaths, Affidavits and Statutory Declarations Act 2005 Schedule 2 Authorised witnesses for statutory declarations page 18 Version 02-e0-02 As at 01 Dec 2018 Published on www.legislation.wa.gov.au Item Formal description Informal description 7. S.R. (i) Chartered Accountants Australia and New Zealand; (ii) the Association of Taxation and Management Accountants; Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public, 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, Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955), Bank officer with 5 or more continuous years of service, Building society officer with 5 or more years of continuous service, Chief executive officer of a Commonwealth court, Credit union officer with 5 or more years of continuous service, 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. This includes updating references to employees of the Commonwealth and Commonwealth authorities to align with references under the. Listing of persons.......................................................................................................... 5, Schedule 3—Repeals 7, Statutory Declarations Regulations 1993 7. list additional categories of persons as authorised witnesses to meet an unmet need within the community. [1] Human Rights Committee, General Comment No 18, HRI/GEN/1/Rev.9 (Vol.I). Note 1. Regulation 9(1) I, [ name, address and occupation of person making the statutory declaration ], make the following statutory declaration under the Oaths and Affirmations Act 2018: [ insert statement to be declared using numbered paragraphs ] 1. Form 888 statutory declarations are used for Partner or … The Instrument engages the right to hold opinions without interference and the right to freedom of expression. Administered by: Attorney-General's: General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003 2019/486 and S.I. 967. 152/2018 10 Authorised by the Chief Parliamentary Counsel *I confirm that reasonable modifications were used in preparing this statutory declaration and that the contents of this statutory declaration were read to the person making the statutory declaration in a way that was appropriate to (b) a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013. 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. These regulations set out the prescribed form for making a Commonwealth statutory declaration, list the occupations and persons before whom a Commonwealth statutory declaration can be made and repeal the Statutory Declarations Regulations … Such a limitation is necessary as it is the only practical way for the receiving organisation to verify the declaration and confirm that the witness was authorised to witness the declaration in accordance with Schedule 2 of the Instrument i.e. the right to privacy: Article 17 of the ICCPR. It promotes this right by providing a medium in which any person is able to declare what they believe to be true, without exception or restriction. 11. [Set out matter declared to in numbered paragraphs]. a person who is listed in Part 2 of Schedule 2. Schedule 2—Persons before whom a statutory declaration may be made. Listing of occupations . 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 … It promotes this right by providing a medium in which any person is able to declare what they believe to be true, without exception or restriction. pdf 238.47 KB. This section provides that a statutory declaration made in accordance with the, Part 1 amends the list of occupations who are authorised to witness a statutory declaration for the purposes of paragraph 7(b). In its submission to the Department, the Australian Public Service Commission put forward a recommendation to better balance the right to privacy of the declarant and authorised witness in relation to the requirement to provide their address on the form, with the need to ensure that receiving organisations are able to verify the statutory declaration. Authorised version. This replaces the previous Statutory Declaration Regulations 1993 (Cth) and now allows financial advisers to witness statutory declarations completed under Commonwealth law. Page. Such a limitation is necessary as it is the only practical way for the receiving organisation to verify the declaration and confirm that the witness was authorised to witness the declaration in accordance with Schedule 2 of the Instrument i.e. (a) a Commonwealth entity within the meaning of the, (b) a Commonwealth company within the meaning of the, Persons before whom a statutory declaration may be made, (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, Transitional—form of statutory declaration, A statutory declaration made in the form, and before a person, prescribed by the, 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, 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, Migration agent registered under Division 3 of Part 3 of the, Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the, (b) authorised under paragraph 3(d) of the, (b) authorised under paragraph 3(c) of the, Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the, (b) a non‑commissioned officer within the meaning of the, Minister of religion registered under Subdivision A of Division 1 of Part IV of the, 7 Persons before whom a statutory declaration may be made, 8 Transitional—form of statutory declaration. In 2018 its fourth phase - Burra Lotjpa Dunguludja - was launched. The following table lists occupations for the purposes of paragraph 7(b). 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. 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, (b) authorised under paragraph 3(c) of the Consular Fees Act 1955; and, (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, Finance company officer with 5 or more years of continuous service, Holder of a statutory office not specified in another item of this Part, Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961. 156 Regulations as made: Principal Regulations; Repeals the former Statutory Declarations Regulations. No. No. This instrument is made under the Statutory Declarations Act 1959. The following table lists persons for the purposes of paragraph 7(c). The Human Rights Committee has commented on the “basic and general character” of the principle of non-discrimination, the right to equality before the law and equal protection of the law, and that it is for State Parties to determine appropriate measures to implement the relevant provisions. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. This instrument is the Statutory Declarations Regulations 2018. The following table lists occupations for the purposes of paragraph 7(b). Write your name, address and occupation. Statutory Instruments. 2018 No. a person who is enrolled as a legal practitioner on the roll of the Supreme Court of a State or Territory, or the High Court of Australia (however described); a person who is currently licensed or registered to practise in Australia under a law of the Commonwealth, a State or Territory, in an occupation listed in Part 1 of Schedule 2; and. prescribe the form for making a Commonwealth statutory declaration; The Regulations are proposed to be remade with the following amendments: update references to authorised witnesses where the names of bodies or organisations have changed. Collapse. In its submission to the Department, the Australian Public Service Commission put forward a recommendation to better balance the right to privacy of the declarant and authorised witness in relation to the requirement to provide their address on the form, with the need to ensure that receiving organisations are able to verify the statutory declaration. 1248. 156 amended as indicated in the Tables below.. A person appointed to be in charge of the head office or any branch office of an authorised (2) These Regulations shall come into operation on 8 August 2018. Human Rights Committee, General Comment No 18, HRI/GEN/1/Rev.9 (Vol.I). an authorised occupation or person. 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. Protection Act 2018, hereby make the following regulations: 1. The Regulations promote the above rights for people in the community who are required to make a Commonwealth statutory declaration, in a non-discriminatory and inclusive manner. 12. This was also required under the, Australian and Norfolk Island Government agencies and most private sector and not‑for‑profit organisations are subject to the Australian Privacy Principles (APPs) under the. 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. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. This is an EU Exit statutory instrument. The right to recognition everywhere as a person before the law. OATHS AND AFFIRMATIONS (AFFIDAVITS, STATUTORY DECLARATIONS AND CERTIFICATIONS) REGULATIONS 2018 (SR NO 152 OF 2018) TABLE OF PROVISIONS PART 1--PRELIMINARY 1.Objectives 2.Authorising provision 3.Commencement 4.Definitions PART 2--AUTHORISED PERSONS 5.Prescribed authorised affidavit takers 6.Prescribed authorised statutory declaration witnesses PART 3- … This Statutory Instrument has been made in consequence of defects in S.I. Migration agent registered under Division 3 of Part 3 of the Migration Act 1958. The Regulations and a separate 'list of signatories' can be accessed via a link at https://www.legislation.gov.au. 2019/1346 and is being issued free of charge to all known recipients of those Statutory Instruments . Definitions 6. Additionally, the Instrument makes it optional for the declarant or authorised witness to provide either an email address or phone number, for the purpose of assisting the receiving organisation to verify the declaration, for example, where the declarant or authorised witness change residence or occupation. This provides greater protection to the declarant and authorised witness from arbitrary or unlawful interference with their privacy, family, home or correspondence. Providing policy guidance to people who have a disability supports Article 12(3) of the. Schedule 1 of the Instrument limits the right to privacy by requiring the witness to provide their address and qualification. Exiting The European Union. 17. 18-152sr.docx. 18. Name 2. Made. Any other statement in column 2 has effect according to its terms. No. 1 It will not be amended to deal with any later amendments of this instrument. Acts in force; Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. 7. Member of the Australian Defence Force who is: (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, Member of the Australasian Institute of Mining and Metallurgy, Member of the Governance Institute of Australia Ltd, (a) the Parliament of the Commonwealth; or, Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961. Persons before whom a statutory declaration may be made 8. The Instrument promotes this right as any person can make a Commonwealth statutory declaration and declare a written statement to be true as evidence. 2018/1247, S.I. Proposed additional categories include architects, midwives, migration agents, occupational therapists, financial advisers and financial planners. The Instrument engages the right to non-discrimination and promotes this right on the basis that any person is able to declare a written statement to be true as evidence in the form of a Commonwealth statutory declaration and therefore the Instrument promotes the right to non‑discrimination. Statutory Declarations Regulations 1993 7 1 Name. 18-152sra authorised.pdf. Statutory declaration--prescribed form 7. Statutory Declarations Regulations 2018. Exiting The European Union. The Statutory Declarations Regulations 1993 (in force under the Statutory Declarations Act 1959) as shown in this compilation comprise Statutory Rules 1993 No. i. 14. Statutory Declarations Regulations 2018. Statutory Instruments. Note: See section 7.. Part 1 -- Occupations . repeal the Statutory Declarations Regulations 1993 under Schedule 3. Customs. Further policy guidance about how to make a statutory declaration will be provided on the Attorney-General’s website to assist people who have a disability such as a visual impairment or who are unable to write for the purposes of making a statutory declaration. Notary public, including a notary public (however described) exercising functions at a place outside: (b) the external Territories of the Commonwealth, 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, (a) a State or Territory or a State or Territory authority; or, with 5 or more years of continuous service, other than such an employee who is specified in another item of this Part, Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made, Registrar, or Deputy Registrar, of a court, Senior executive employee of a Commonwealth authority, Senior executive employee of a State or Territory, Teacher employed on a permanent full‑time or part‑time basis at a school or tertiary education institution. (2) Any information in column 3 of the table is not part of this instrument. The limitation does not exceed the minimum level of personal information required for the receiving organisation to sufficiently verify the declaration and is therefore reasonable, necessary and proportionate to pursuing the legitimate objective. Customs. Details. For the purposes of paragraph 8(a) of the Act, the form set out in Schedule 1 is prescribed. 10. CCDC 9A – 2018 Statutory Declaration of Progress Payment Distribution by Contractor is a sworn statement for use by the Contractor as a condition of receiving payment for either the second and subsequent applications for progress payment or the release of holdback funds. 30th November 2018. The Instrument engages the right to hold opinions without interference and the right to freedom of expression. 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. Exiting The European Union. Statutory rule in force. The Regulations promote the above rights for people in the community who are required to make a Commonwealth statutory declaration, in a non-discriminatory and inclusive manner. 2. On 18 September 2018, the Statutory Declarations Regulations 2018 (Cth) came into force. The Instrument engages the right to recognition everywhere as a person before the law, an absolute right. The day after this instrument is registered. The Instrument also engages the right to privacy. The Regulations are made by the Treasury further to Part 1 of the Taxation (Cross-border Trade) Act 2018 (c. 22) (“the Act”). Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 S.R. 2018/1248, S.I. The Customs (Import Duty) (EU Exit) Regulations 2018. 4. (1) These Regulations may be cited as the Data Protection Act 2018 (Section 36(2)) (Health Research) Regulations 2018. We highly recommend that you use the Commonwealth statutory declaration form. Subordinate Legislation (Evidence (Affidavits and Statutory Declarations) Regulations 2008) Extension Regulations 2018 Revoked statutory rule Statutory rule number 67/2018 Version WARNING: When you make a statutory declaration, you are declaring that the statements in it are true. Statutory rule as made. Authority 4. The Statutory Declarations Act 1959 and the Statutory Declarations Regulations 2018 set out the requirements for Commonwealth statutory declarations. 2. ii. The limitation does not exceed the minimum level of personal information required for the receiving organisation to sufficiently verify the declaration and is therefore reasonable, necessary and proportionate to pursuing the legitimate objective. Commonwealth statutory declaration form [DOCX 30.6 KB] Statutory declarations There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. (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. It will not be amended to deal with any later amendments of this instrument. Freedom of information. Schedule 1 of the Instrument limits the right to privacy by requiring the witness to provide their address and qualification. The Instrument promotes this right as any person can make a Commonwealth statutory declaration and declare a written statement to be true as evidence. Note: This table relates only to the provisions of this instrument. Schedule 3—Form of statutory declaration . A statutory declaration must be made in writing using the form that can be accessed from the Statutory declarations page. Statutory Declarations Regulations 2018. Act means the Statutory Declarations Act 1959. The Instrument also engages the right to equality before the law and promotes this right on the basis that any person can assert statements of fact they believe to be true as a form of evidence, on a non‑discriminatory basis. Prescribed persons include those who are a: • Justice of the Peace; • medical practitioner; A NSW statutory declaration is made under the Oaths Act 1900. 152/2018. I, [Name, address and occupation of person making the declaration] make the following declaration under the Statutory Declarations Act 1959: 1. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). 16. In addition, a statutory declaration submitted to the Commission should include certain case information as specified under the Fair Work Commission Rules 2013 (Rule 18). These regulations set out the prescribed form for making a Commonwealth statutory declaration, list the occupations and persons before whom a Commonwealth statutory declaration can be made and repeal the Statutory Declarations Regulations 1993. 1234. (a) a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or. For the latest COVID-19 news, updates and advice from the Australian Government, visit Australia.gov.au Providing policy guidance to people who have a disability supports Article 12(3) of the Convention on the Rights of Persons with Disabilities in relation to State Parties’ obligation to take appropriate measures to provide access for persons with disabilities to the support they may require in exercising their legal capacity. The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 Version. Statutory Declarations Regulations 2018. 2019/108, S.I. [2] The Information Privacy Act 2014 applies to ACT public sector agencies. It also includes the addition of a major professional body that represents engineers; consolidate categories such as accountants into one item; provide better options for people to make a Commonwealth statutory declaration overseas by including Notary Publics who are appointed overseas, exercising their functions at that place, on the list of authorised witnesses; make minor amendments to the Commonwealth statutory declarations form to allow an option for the declarant or authorised witness to provide either their email address or phone number on the form, to assist receiving organisations to make contact should they wish to verify the declaration; and. This was also required under the Statutory Declarations Regulations 1993. In Australia, statutory declarations must be witnessed by a person prescribed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 2018. 8. 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. the right to privacy: Article 17 of the ICCPR. 8 Transitional—form of statutory declaration. 29th November 2018. The Regulations engage the following rights: right to recognition before the law and right to equality before the law, the right to non-discrimination, the right to hold opinions without interference and the right to freedom of expression. 1 . 9. This provides greater protection to the declarant and authorised witness from arbitrary or unlawful interference with their privacy, family, home or correspondence. In force . 13. You can only create your own form if it has all the required elements in Schedule 1 of the Statutory Declarations Regulations 2018. 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