{"id":"oaths-regulations-2021","name":"Oaths Regulations 2021","slug":"oaths-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236233,"registerId":"sa-oaths-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Oaths Regulations 2021","content":"South Australia\nOaths Regulations 2021\nunder the Oaths Act 1936\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Statutory declarations\n4\tRequirements for the taking of statutory declarations (section 25)\n5\tClasses of persons before whom statutory declarations may be made\nPart 3—Affidavits\n6\tRequirements for the taking of affidavits (section 27A)\n7\tClasses of person authorised to take affidavits\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Oaths Regulations 2021.\n3—Interpretation\nIn these regulations—\nAct means the Oaths Act 1936.\nPart 2—Statutory declarations\n4—Requirements for the taking of statutory declarations (section 25)\n\t(1)\tFor the purposes of section 25(1)(a) of the Act, the following requirements are prescribed:\n\t(a)\tthe requirement that the statutory declaration state the following: \n\t(i)\tthe name of the person making the declaration (the declarant);\n\t(ii)\tthat the declaration is made under the Oaths Act 1936;\n\t(iii)\tthe date on which the declaration is made;\n\t(iv)\tthe name of the person witnessing the declaration (the authorised witness) and the basis on which the authorised witness is authorised to do so pursuant to section 25(2) of the Act;\n\t(b)\tthe requirement that, before the contents of the declaration, the statutory declaration include the statement:\nI, [insert name of declarant] do solemnly and sincerely declare\n\t(c)\tthe requirement that the statutory declaration be signed by the declarant under the observation of the authorised witness whether in person or remotely through an audio visual link;\n\t(d)\tthe requirement that the authorised witness sign the statutory declaration after the declarant has signed it in accordance with paragraph (c);\n\t(e)\tthe requirement that the authorised witness establish the identity of the declarant by sighting identification whether in person or remotely through an audio visual link.\n\t(1a)\tFor the purposes of subregulation (1)(c), if a declaration is taken in circumstances where the authorised witness and the declarant meet remotely through an audio visual link, the declaration must include the statement:\nThis declaration was taken remotely under the observation of the authorised witness through an audio visual link and the requirements under the Oaths Act 1936 for taking declarations by audio visual link were complied with.\n\t(2)\tA statutory declaration is not invalid merely because there has been a failure to comply with the requirement in subregulation (1)(a)(iv) to state the basis on which the authorised witness is authorised to witness the statutory declaration pursuant to section 25(2) of the Act.\n\t(3)\tThe authorised witness may make or permit reasonable modifications to the process of making a statutory declaration if—\n\t(a)\tthe declarant has a disability that prevents the person from making the declaration in accordance with the Act and these regulations; or\n\t(b)\tthe declarant is a child under the age of 18.\nExample—\nA hearing impaired person may read and sign the oral declaration instead of saying it aloud. A person who is unable to speak may be able to listen to a statutory declaration being read and nod assent.\n\t(4)\tWithout limiting subregulation (3), if it appears to an authorised witness that the declarant is illiterate or blind, the authorised witness must certify on the face of the statutory declaration that the statutory declaration was read to the declarant by the authorised witness.\n\t(5)\tIf a declarant requires assistance to make a statutory declaration, the authorised witness must write on the face of the statutory declaration, the name and address of the person who provided the assistance and explain the nature of the assistance provided to the declarant.\n\t(6)\tThe requirement referred to in subregulation (5) to write on the face of the statutory declaration the name and address of the person who provided assistance to a declarant does not apply in relation to a person who prepares or writes statutory declarations in a professional capacity, including—\n\t(a)\ta legal practitioner; or\n\t(b)\ta registered conveyancer.\n\t(7)\tA requirement for a declarant or an authorised witness to sign or initial a statutory declaration, annexure or other document attached to a statutory declaration is satisfied if the declarant or the authorised witness signs or initials the statutory declaration, annexure or other document by electronic means.\n\t(8)\tAn initial or a signature is executed by electronic means for the purposes of subregulation (7) if—\n\t(a)\ta method is used to identify the person and to indicate the person's intention in respect of the statutory declaration; and\n\t(b)\tthe method used was either—\n\t(i)\tas reliable as appropriate for the purpose for which the statutory declaration was made in all the circumstances; or\n\t(ii)\tproven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\t(9)\tA statutory declaration that is signed or initialled by electronic means in accordance with subregulation (7), must include a statement that the declaration was signed or initialled by electronic means.\n\t(10)\tA statutory declaration taken in circumstances where the authorised witness and the declarant meet remotely through an audio visual link in accordance with this regulation may be signed by the declarant and the authorised witness even if the declarant or witness (or both) are located outside the State.\n5—Classes of persons before whom statutory declarations may be made\nFor the purposes of Schedule 1 clause 1(f) of the Act, the following are prescribed as classes of persons before whom a statutory declaration may be made for the purposes of section 25(2) of the Act:\n\t(a)\tan agent of the Australian Postal Corporation in charge of an office supplying postal services to the public;\n\t(b)\tan Australian Consular Officer or an Australian Diplomatic Officer within the meaning of the Consular Fees Act 1955 of the Commonwealth;\n\t(c)\ta bailiff;\n\t(d)\ta bank officer who has 5 or more years of continuous service;\n\t(e)\ta building society officer who has 5 or more years of continuous service;\n\t(f)\ta chief executive officer of a Commonwealth court;\n\t(g)\ta clerk of a court;\n\t(h)\ta credit union officer who has 5 or more years of continuous service;\n\t(i)\tan employee of the Australian Trade and Investment Commission who is—\n\t(i)\tin a country or place outside Australia; and\n\t(ii)\tauthorised under paragraph 3(d) of the Consular Fees Act 1955 of the Commonwealth; and\n\t(iii)\texercising their function in that place;\n\t(j)\tan employee of the Commonwealth who is—\n\t(i)\tin a country or place outside Australia; and\n\t(ii)\tauthorised under paragraph 3(c) of the Consular Fees Act 1955 of the Commonwealth; and\n\t(iii)\texercising their function in that place;\n\t(k)\ta fellow of the National Tax and Accountants' Association;\n\t(l)\ta registered health practitioner;\n\t(m)\ta finance company officer who has 5 or more years of continuous service;\n\t(n)\ta marriage celebrant registered under Part IV Division 1 Subdivision C of the Marriage Act 1961 of the Commonwealth;\n\t(o)\ta member of the Governance Institute of Australia;\n\t(p)\ta member of Engineers Australia, other than at the student grade;\n\t(q)\ta member of the Association of Taxation and Management Accountants;\n\t(r)\ta member of the Australasian Institute of Mining and Metallurgy;\n\t(s)\ta member of the Australian Defence Force who is—\n\t(i)\tan officer; or\n\t(ii)\ta non-commissioned officer within the meaning of the Defense Force Discipline Act 1982 of the Commonwealth who has 5 or more years of continuous service; or\n\t(iii)\ta warrant officer within the meaning of the Defense Force Discipline Act 1982 of the Commonwealth;\n\t(t)\ta member of the Institute of Chartered Accountants in Australia, CPA Australia or the Institute of Public Accountants;\n\t(u)\ta Member of—\n\t(i)\tthe Parliament of the Commonwealth; or\n\t(ii)\tthe Parliament of a State; or\n\t(iii)\ta Territory legislature; or\n\t(iv)\ta local government authority of a State or Territory;\n\t(v)\ta minister of religion registered under Part IV Division 1 Subdivision A of the Marriage Act 1961 of the Commonwealth;\n\t(w)\ta patent attorney or a trade marks attorneys;\n\t(x)\ta permanent employee of the Australian Postal Corporation who has 5 or more years of continuous service who is employed in an office supplying postal services to the public;\n\t(y)\ta permanent employee of—\n\t(i)\tthe Commonwealth or a Commonwealth authority; or\n\t(ii)\ta State or Territory or a State or Territory authority; or\n\t(iii)\ta local government authority,\nwith 5 or more years of continuous service who is not specified in another item in this list;\n\t(z)\ta Senior Executive Service employee of—\n\t(i)\tthe Commonwealth or a Commonwealth authority; or\n\t(ii)\ta State or Territory or a State or Territory authority;\n\t(za)\ta sheriff;\n\t(zb)\ta sheriff's officer;\n\t(zc)\ta teacher employed on a full-time basis at a school or tertiary education institution;\n\t(zd)\ta veterinary surgeon.\nPart 3—Affidavits\n6—Requirements for the taking of affidavits (section 27A)\n\t(1)\tFor the purposes of section 27A(1)(a)(I) of the Act, an affidavit must comply with the following requirements:\n\t(a)\tthat the affidavit state the name of the person making the affidavit (the deponent);\n\t(b)\tthat the affidavit state the place at, and date on, which the affidavit is made;\n\t(c)\tthat the affidavit state the name of the person authorised to witness the affidavit pursuant to section 27A(3) of the Act (the authorised person);\n\t(ca)\tthat the affidavit be signed by the deponent under the observation of the authorised person whether in person or remotely through an audio visual link;\n\t(cb)\tthat the authorised person sign the affidavit after the deponent has signed it in accordance with paragraph (ca);\n\t(cc)\tthat the authorised person establish the identity of the deponent by sighting identification whether in person or remotely through an audio visual link;\n\t(d)\tthat the affidavit state that the contents of the affidavit are sworn or affirmed (as the case may be);\n\t(e)\tif the affidavit includes an annexure or exhibit, the identification of the annexure or exhibit is clear and corresponds to the reference given to the annexure or exhibit in the affidavit;\n\t(f)\tthat the affidavit contains a clause that provides for the signature of the authorised person and the date on which the affidavit was sworn or affirmed before the authorised person.\n\t(2)\tFor the purposes of subregulation (1)(ca), if an affidavit is taken in circumstances where the authorised person and the deponent meet remotely through an audio visual link, the affidavit must include the statement:\nThis affidavit was witnessed remotely under the observation of the authorised person through an audio visual link and the requirements under the Oaths Act 1936 for taking affidavits by audio visual link were complied with.\n\t(3)\tThe authorised person may make or permit reasonable modifications to the process of taking an affidavit if—\n\t(a)\tthe deponent has a disability that prevents the person from making the affidavit in accordance with the Act and these regulations; or\n\t(b)\tthe deponent is a child under the age of 18.\n\t(4)\tWithout limiting subregulation (3), if it appears to an authorised person that the deponent is illiterate or blind, the authorised person must certify on the face of the affidavit that the affidavit was read to the deponent by the authorised person.\n\t(5)\tIf a deponent requires assistance to take an affidavit, the authorised person must write on the face of the affidavit the name and address of the person who provided the assistance and explain the nature of the assistance provided to the deponent.\n\t(6)\tThe requirement referred to in subregulation (5) to write on the face of the affidavit the name and address of the person who provided assistance to a deponent does not apply in relation to a person who prepares or writes affidavits in a professional capacity, including—\n\t(a)\ta legal practitioner; or\n\t(b)\ta registered conveyancer.\n\t(7)\tA requirement for a deponent or an authorised person to sign or initial an affidavit, annexure or other document attached to an affidavit is satisfied if the deponent or the authorised person signs or initials the affidavit, annexure or other document by electronic means.\n\t(8)\tAn initial or a signature is executed by electronic means for the purposes of subregulation (7) if—\n\t(a)\ta method is used to identify the person and to indicate the person's intention in respect of the affidavit; and\n\t(b)\tthe method used was either—\n\t(i)\tas reliable as appropriate for the purpose for which the affidavit was made, in all the circumstances; or\n\t(ii)\tproven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\t(9)\tAn affidavit that is signed or initialled by electronic means in accordance with subregulation (7) must include a statement that the affidavit was signed or initialled by electronic means.\n\t(10)\tAn affidavit taken in circumstances where the authorised person and the deponent meet remotely through an audio visual link in accordance with this regulation may be signed by the deponent and the authorised person even if the deponent or the authorised person (or both) are located outside the State.\n7—Classes of person authorised to take affidavits\nFor the purposes of Schedule 1 clause 2(e) of the Act, the following are prescribed as classes of persons authorised to take an affidavit for the purposes of section 27A(3) of the Act:\n\t(a)\tany person empowered, authorised or permitted by or under any Act or rules of a court or tribunal to take affidavits;\n\t(b)\ta member or special member of the Australian Federal Police;\n\t(c)\ta person engaged under the Public Service Act 1999 of the Commonwealth at classification APS Level 6 or higher to whom investigative or enforcement functions or powers of the Inspector-General of Bankruptcy have been delegated under the Bankruptcy Act 1966 of the Commonwealth or to whom investigative or enforcement functions or powers of the Registrar have been delegated under the Personal Property Securities Act 2009 of the Commonwealth;\n\t(d)\tan authorised officer appointed under the Dangerous Substances Act 1979;\n\t(e)\tan authorised officer appointed under the Petroleum Products Regulation Act 1995;\n\t(f)\tan inspector appointed under the Employment Agents Registration Act 1993;\n\t(g)\tan inspector appointed under the Explosives Act 1936;\n\t(h)\tan inspector appointed under the Fair Work Act 1994;\n\t(i)\tan inspector appointed under the Long Service Leave Act 1987;\n\t(j)\tan inspector appointed under the Mines and Works Inspection Act 1920;\n\t(k)\tan inspector appointed under the Shop Trading Hours Act 1977.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2021\n175\nGazette 25.11.2021 p4164 \n1.12.2021: r 2\n2024\n87\nGazette 22.8.2024 p2937\n22.8.2024 except rr 3 to 5—1.1.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n22.8.2024\nPt 2\n\n\nr 4\n\n\nr 4(1)\namended by 87/2024 r 3(1)\n1.1.2025\nr 4(1a)\ninserted by 87/2024 r 3(2)\n1.1.2025\nr 4(3)—(10)\ninserted by 87/2024 r 3(3)\n1.1.2025\nr 5\namended by 87/2024 r 4\n1.1.2025\nPt 3\n\n\nr 6\n\n\nr 6(1)\nr 6 amended and redesignated as r 6(1) by 87/2024 r 5(1), (2)\n1.1.2025\nr 6(2)—(10)\ninserted by 87/2024 r 5(2)\n1.1.2025\nr 7\namended by 87/2024 r 6\n22.8.2024\nHistorical versions\n22.8.2024\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of prescribing procedural requirements for statutory declarations and affidavits. The 2024 amendments expanded the scope modestly to include remote witnessing via audio visual links and electronic signatures, but these are logical modernisations of the existing framework rather than mission creep. The core function — regulating how formal declarations are made and witnessed — has not changed."},"complexity_factors":["Moderate length with 7 regulations across 3 Parts, but highly structured and repetitive format","Extensive lists of authorised witnesses: 26 categories for statutory declarations (regulation 5) and 11 categories for affidavits (regulation 7), with nested qualifying conditions (e.g., '5 or more years continuous service', 'outside Australia' requirements)","Parallel structure between Part 2 (statutory declarations) and Part 3 (affidavits) with nearly identical provisions, creating duplication but also predictability","Cross-references to parent Act (Oaths Act 1936) and multiple Commonwealth statutes (Consular Fees Act 1955, Marriage Act 1961, Defence Force Discipline Act 1982, etc.)","Conditional logic for electronic signatures (regulations 4(8) and 6(8)) with alternative reliability tests ('as reliable as appropriate' OR 'proven in fact')","Exception to exception in regulations 4(6) and 6(6): assistance must be recorded UNLESS the assistant is a legal practitioner or conveyancer","Disability and age accommodations with non-exhaustive examples ('Without limiting...')","Temporal complexity: amendments effective at different dates (22 August 2024 vs 1 January 2025) shown in legislative history"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for making **statutory declarations** and **affidavits** in South Australia. These are formal written statements that people swear or affirm are true, often used for legal, government, or business purposes.\n\n**Key things covered:**\n\n*   **Format requirements** — what information must be included (names, dates, specific wording), how documents must be signed, and how witnesses must verify people's identity\n*   **Remote witnessing** — allows declarations and affidavits to be witnessed via video call (audio visual link), including when people are outside South Australia\n*   **Electronic signatures** — permits signing by electronic means, with reliability standards\n*   **Accessibility** — provides modifications for people with disabilities or children under 18 (for example, a deaf person can read and sign rather than speak the declaration)\n*   **Who can witness** — lists specific professions and officials authorised to witness these documents, including:\n    *   Lawyers, accountants, engineers, teachers, vets\n    *   Postal workers, bank officers, marriage celebrants\n    *   Police, court officers, various government inspectors\n    *   Members of Parliament and local government\n\n**Who it affects:**\n\nAnyone in South Australia who needs to make a statutory declaration or affidavit, plus the thousands of authorised witnesses across the state who administer these documents.\n\n**Why it matters:**\n\nThese rules ensure formal declarations are reliable and legally valid while adapting to modern needs — video witnessing became particularly important during COVID-19, and electronic signing makes the process more convenient. The regulations also ensure people with disabilities aren't excluded from making legal declarations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Amendments expanded scope and methods: they expressly permit remote witnessing by audio‑visual link, recognise electronic signatures (with reliability tests), require statements certifying remote or electronic execution, allow signing when parties are outside the State, add procedural modifications and certification duties for vulnerable declarants, and update the list of classes authorised to witness declarations and affidavits."},"complexity_factors":["Multiple procedural requirements (required statements, signing order, witness certification) increase formality and error risk","Introduction of remote witnessing via audio‑visual link adds technical and evidentiary considerations","Electronic signature provisions use a fact‑based reliability test (either 'as reliable as appropriate' or 'proven in fact'), requiring judgement about adequacy","Detailed certification obligations where declarant/deponent is illiterate, blind or assisted (must be noted on face of document)","Large, specific schedules prescribing many classes of authorised witnesses (administrative breadth and identification of roles)","Cross‑references to the Oaths Act 1936 and external Commonwealth Acts create dependency on other instruments","Discretion given to authorised witnesses to permit reasonable modifications for disability or minors increases individual decision points","Permits signing even where parties are located outside the State, introducing choice-of-location and cross‑jurisdictional compliance issues"],"plain_english_summary":"These regulations set the formal rules for making statutory declarations and affidavits in South Australia: required wording, identity checks, signing order, allowance for remote witnessing by audio‑visual link, use of electronic signatures, accommodation for children and people with disabilities, and prescribed classes of authorised witnesses. Declarants bear the compliance cost of meeting identification and signature requirements; authorised witnesses decide whether identity, modifications or electronic methods are acceptable. The rules change how individuals, professionals and officers can create legally valid sworn statements, including from outside the State."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislation text was not accessible due to a broken link resulting from a website migration on or around 24 March 2026. No comparison between original intent and final form is possible."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess complexity without access to the actual text of the Oaths Regulations 2021 (SA)","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The instrument sets the formal rules for swearing oaths and making affirmations in South Australia — who may witness or administer statutory declarations and other sworn statements, the required form of words, and how such documents are validated. It affects any South Australian needing a witnessed or sworn document for legal, government or court purposes because it determines when and how those documents will be accepted as legally valid."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/oaths-regulations-2021","history":"/api/acts/oaths-regulations-2021/history","analysis":"/api/acts/oaths-regulations-2021/analysis","conflicts":"/api/acts/oaths-regulations-2021/conflicts","importantCases":"/api/acts/oaths-regulations-2021/important-cases","documents":"/api/acts/oaths-regulations-2021/documents"}}