Commonwealth: Statutory Declarations Act 1959 (Cth)

Statutory Declarations Act 1959 No. 52, 1959 Compilation No. 8 Compilation date: 1 January 2024 Includes amendments: Act No. 92, 2023 Registered: 3 January 2024 About this compilation This compilation This is a compilation of the Statutory Declarations Act 1959 that shows the text of the law as amended and in force on 1 January 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 3 Saving 4 Interpretation 5 Application 5A Application of the Criminal Code 6 Authority to make and use statutory declarations 7 References to statutory declarations 7A Technology neutral signing 8 How statutory declarations are made 9 Statutory declarations—observation by prescribed person 9A Statutory declarations—digital verification 9B Special obligations applying to approved online platforms 10 Declarations under other laws 11 False declarations 12 Jurisdiction of courts 13 Extension of Act to Territories 14 Regulations 15 Approved forms for statutory declarations 16 Review of the operation of this Act Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Miscellaneous An Act relating to Statutory Declarations 1 Short title This Act is the Statutory Declarations Act 1959. 3 Saving A statutory declaration purporting to be made, after the commencement of this Act, by virtue of the Statutory Declarations Act 1911, or by virtue of that Act as amended, has the same force and effect, and entails the same consequences, as if it had been expressed to be made by virtue of this Act. 4 Interpretation In this Act, unless the contrary intention appears: approved form means a form approved under section 15. approved identity service has the meaning given by subsection 9A(3). approved online platform has the meaning given by subsection 9A(2). declarant, in relation to a statutory declaration, means the person who is making the declaration. Magistrate means a Chief, Police, Stipendiary, Resident or Special Magistrate. prescribed person means a person prescribed by the regulations to be a prescribed person. State includes the Northern Territory. Territory does not include the Northern Territory. video link means facilities that enable audio and visual communication between persons in different places. 5 Application (1) Subject to this section, this Act applies both within and without the Commonwealth. (2) Except as provided by subsection 12(8), this Act does not apply in a Territory not forming part of the Commonwealth unless this Act extends to that Territory by virtue of section 13. 5A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 6 Authority to make and use statutory declarations (1) A person may, if the person so desires, make a statutory declaration in relation to any matter. (2) Subject to subsection (3), a statutory declaration may be used: (a) for the purposes of a law of the Commonwealth or of a Territory, unless the contrary intention appears in that law; (b) in connection with any matter arising under a law of the Commonwealth or of a Territory, unless the contrary intention appears in that law; or (c) in connection with the administration of any Department of State of the Commonwealth. (3) Subsection (2) does not authorise a statutory declaration to be used as evidence in a judicial proceeding but nothing in this section prevents a statutory declaration from being so used. 7 References to statutory declarations Where, in a law of the Commonwealth or of a Territory (whether passed or made before or after the commencement of this Act), a reference is made to a statutory declaration, the reference includes a reference to a statutory declaration made under this Act, unless the contrary intention appears in that law. 7A Technology neutral signing (1) For the purposes of this Act, a person may sign a statutory declaration by signing: (a) a physical form of the declaration by hand; or (b) an electronic form of the declaration using electronic means; if the method of signing satisfies subsection (2). (2) A method of signing satisfies this subsection if: (a) the method identifies the person and indicates the person's intention in respect of the information recorded in the declaration; and (b) the method was either: (i) as reliable as appropriate for the purpose for which the information was recorded, in light of all the circumstances, including any relevant agreement; or (ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence. 8 How statutory declarations are made A statutory declaration made under this Act must satisfy the requirements of either: (a) section 9 (observation by prescribed person); or (b) section 9A (digital verification). 9 Statutory declarations—observation by prescribed person A statutory declaration satisfies the requirements of this section if: (a) the declaration is in the approved form; and (b) the declaration is signed by the declarant under the observation of a prescribed person in either of the following cases: (i) in person; (ii) by video link; and (c) either: (i) in any case—the declaration is signed by the prescribed person; or (ii) in the case where the prescribed person observes the declarant sign the declaration by video link and is satisfied that a copy of the declaration is a true copy of the declaration signed by the declarant (whether or not the copy includes the declarant's signature)—that copy is signed by the prescribed person. Note: See section 7A for how a person may sign a statutory declaration. 9A Statutory declarations—digital verification (1) A statutory declaration satisfies the requirements of this section if: (a) the declaration: (i) is in the approved form; and (ii) is completed and signed by the declarant using an approved online platform; and (b) the identity of the declarant is verified: (i) using an approved identity service; and (ii) in accordance with the conditions prescribed by the regulations; and (c) the declaration includes information that: (i) is provided by the approved online platform; and (ii) is of a kind prescribed by the regulations. Note 1: See section 7A for how a person may sign a statutory declaration. Note 2: Special requirements apply when making regulations for the purposes of subparagraph (b)(ii) or (c)(ii) of this subsection: see subsection 14(2). (2) An approved online platform is a digital service that is prescribed by the regulations to be an approved online platform. Note 1: Special obligations apply to approved online platforms: see section 9B. Note 2: Special requirements apply when making regulations for the purposes of this subsection: see subsection 14(3). (3) An approved identity service is a digital service that is prescribed by the regulations to be an approved identity service. Note: Special requirements apply when making regulations for the purposes of this subsection: see subsection 14(3). 9B Special obligations applying to approved online platforms Prohibition on retaining copies of statutory declarations (1) The provider of an approved online platform must not retain any copy of a statutory declaration that is made using the online platform. Requirement for annual reporting (2) After the end of each financial year, the provider of an approved online platform must prepare and give a report to the Minister, for presentation to the Parliament, relating to the use of the platform to make statutory declarations during the financial year. Note: Section 34C of the Acts Interpretation Act 1901 contains provisions relating to reports under this section. (3) The report must include: (a) the number of statutory declarations made using the platform during the financial year; and (b) information about the provider's compliance with subsection (1) during the financial year; and (c) information about whether there has been any actual eligible data breach (within the meaning of the Privacy Act 1988) during the financial year; and (d) information about any matter prescribed by the regulations (including a matter related to paragraph (a), (b) or (c)). (4) The annual report must be given to the Minister by: (a) 15 October after the end of the financial year; or (b) the end of any further period granted under subsection 34C(5) of the Acts Interpretation Act 1901. (5) The report must comply with any requirements prescribed by the regulations. 10 Declarations under other laws Where, by a law of the Commonwealth or of a Territory (whether passed or made before or after the commencement of this Act), a declaration is required to be made by a person before some other person, the declaration may, unless the contrary intention appears in that law, be made before the person mentioned in that law or under the observation of a prescribed person in accordance with section 9. 11 False declarations A person must not intentionally make a false statement in a statutory declaration. Penalty: Imprisonment for 4 years. 12 Jurisdiction of courts (1) Subject to this section: (a) the several courts of the States (other than the Northern Territory) are invested with federal jurisdiction; and (b) jurisdiction is conferred on the several courts of the Territories and of the Northern Territory; with respect to offences against this Act. (2) The jurisdiction invested in or conferred on courts by subsection (1) is invested or conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions, whether those limits are as to subject matter or otherwise, but subject to the conditions and restrictions specified in paragraphs 39(2)(a) and (c) of the Judiciary Act 1903. (3) The jurisdiction invested in, or conferred on, a court of summary jurisdiction by this section shall not be judicially exercised except by a Judge, a Magistrate, or a District Officer or Assistant District Officer of a Territory. (4) The trial on indictment of an offence against this Act, not being an offence committed within a State, may be held in any State or Territory. (5) Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for: (a) their summary conviction; (b) their examination and commitment for trial on indictment; (c) their trial and conviction on indictment; and (d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith; and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act. (6) Except as provided by this section, the Judiciary Act 1903 applies in relation to offences against this Act. (7) For the purposes of this section, court of summary jurisdiction includes a court of a Territory sitting as a court for the making of summary orders or the summary punishment of offences under the law of the Territory. (8) This section extends to all the Territories not forming part of the Commonwealth. 13 Extension of Act to Territories Subject to subsection 12(8), this Act extends to Norfolk Island and to such other Territories not forming part of the Commonwealth as the Governor‑General, by Proclamation, declares. 14 Regulations (1) The Governor‑General may make regulations, not inconsistent with this Act: (a) prescribing matters required or permitted by this Act to be prescribed; and (b) prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act. Note: For variation and revocation of regulations, see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901. Special requirements relating to digital verification (2) Before the Governor‑General makes regulations for the purposes of subparagraph 9A(1)(b)(ii) or (c)(ii), the Minister must take into account any matters that are prescribed by the regulations. (3) Before the Governor‑General makes regulations for the purposes of subsection 9A(2) or (3) prescribing a digital service to be an approved online platform or an approved identity service, the Minister must: (a) be satisfied that the digital service will operate in a way that complies with the Privacy Act 1988, and any corresponding law of a State or Territory that the Minister considers is relevant; and (b) be satisfied of the effectiveness of the digital service's protective security (including security governance, information security, personnel security and physical security) and fraud control arrangements; and (c) be satisfied of any matters that are prescribed by the regulations; and (d) take into account any matters that are prescribed by the regulations. (4) The Governor‑General may repeal regulations made for the purposes of subparagraph 9A(1)(b)(ii) or (c)(ii), or subsection 9A(2) or (3). (5) Without limiting subsection (4), the Governor‑General may repeal a regulation prescribing a digital service to be an approved online platform if the provider of the service contravenes subsection 9B(1) (prohibition on retaining copies of statutory declarations). 15 Approved forms for statutory declarations The Minister may, in writing, approve one or more forms for the purposes of paragraph 9(a) or subparagraph 9A(1)(a)(i). 16 Review of the operation of this Act (1) The Minister must cause a review of the operation of this Act to be conducted as soon as practicable after the end of 2 years after the commencement of the Statutory Declarations Amendment Act 2023. (2) Without limiting the matters that may be considered when conducting the review, the review must consider: (a) whether the operation of this Act is effective; and (b) whether amendments to this Act are necessary or desirable to improve the operation of this Act. (3) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review. (4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Statutory Declarations Act 1959 52, 1959 22 May 1959 1 Sept 1959 Statute Law Revision (Decimal Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 — Statute Law Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 s 9(1) and 10 Law and Justice Legislation Amendment Act 1990 115, 1990 21 Dec 1990 ss. 3, 5, 6, 8, 9, 16, 17, 20–23, 28, 30, 32, 33, 38 and 39: 4 Feb 1991 (see Gaz 1991, No. GN3, p. 278) — ss. 4, 7, 10–15, 18, 19, 24–27, 29, 31 and 34–37: 21 June 1991 Remainder: Royal Assent Law and Justice Legislation Amendment Act 1991 136, 1991 12 Sept 1991 Sch: 12 Dec 1991 (see Gaz 1991, No. S336) (s 2(4), 3(3) and (4) s 3(3) and (4) Law and Justice Legislation Amendment Act (No. 3) 1992 165, 1992 11 Dec 1992 Sch (Part 2): 8 Jan 1993 (s 2(7)) — Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Sch 5 (item 143): 25 Oct 1996 (s 2(1)) — Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 24, 2001 6 Apr 2001 s 4(1), (2) and Sch 46: 24 May 2001 (s 2(1)(a)) s 4(1) and (2) Law and Justice Legislation Amendment Act 2004 62, 2004 26 May 2004 Sch 1 (items 55, 56): 26 Nov 2004 — Statutory Declarations Amendment Act 2023 92, 2023 17 Nov 2023 1 Jan 2024 (s 2(1) item 1) Sch 1 (items 27 and 28) Endnote 4—Amendment history Provision affected How affected s 1..................... am No 92, 2023 s 2..................... rep No 92, 2023 s 3..................... am No 136, 1991; No 92, 2023 s 4..................... am No 216, 1973; No 115, 1990; No 136, 1991; No 92, 2023 s 5..................... am No 92, 2023 s 5A.................... ad No 24, 2001 s 6..................... am No 43, 1996; No 92, 2023 s 7..................... am No 136, 1991 s 7A.................... ad No 92, 2023 s 8..................... rs No 136, 1991 am No 62, 2004 rs No 92, 2023 s 9..................... rep No 136, 1991 ad No 92, 2023 s 9A.................... ad No 92, 2023 s 9B.................... ad No 92, 2023 s 10.................... am No 92, 2023 s 11.................... am No 93, 1966 rs No 165, 1992 am No 24, 2001 s 12.................... am No 115, 1990; No 92, 2023 s 13.................... am No 92, 2023 s 14.................... ad No 136, 1991 am No 92, 2023 s 15.................... ad No 92, 2023 s 16.................... ad No 92, 2023 The Schedule.............. rep No 62, 2004 Endnote 5—Miscellaneous Section 13—By Proclamation dated 14 September 1972 and in force at 31 August 1979, this Act was declared to extend to the Territories of Christmas Island and Cocos (Keeling) Islands (see Gazette 1972, No. 93). Section 13—By Proclamation dated 4 February 1993, this Act was declared to extend to the Territories of the Australian Antarctic Territory, the Coral Sea Islands Territory, the Territory of Ashmore and Cartier Islands and the Territory of Heard Island and McDonald Islands (see Gazette 1993, No. GN6).