{"id":"F2023L01753","name":"Statutory Declarations Regulations 2023","slug":"statutory-declarations-regulations-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442233,"registerId":"F2023L01753-fast-fetch-1775957286585","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statutory Declarations Regulations 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatutory Declarations Regulations 2023\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 07 December 2023\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nMark Dreyfus KC\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Matters prescribed for purposes of Act\n\n6 Persons before whom a statutory declaration may be made\n\n7 Documents that may be used to verify a person’s identity\n\n8 Information to be included in statutory declarations\n\n9 Approved online platform\n\n10 Approved identity service\n\n11 Information to be included in annual report\n\n12 Matters that Minister must take into account before regulations relating to digital verification are made\n\n13 Matters that Minister must be satisfied of before digital services are prescribed\n\nPart 3—Transitional arrangements\n\nDivision 1—Transition from the Statutory Declarations Regulations 2018\n\n14 Transition from the Statutory Declarations Regulations 2018\n\nSchedule 1—Persons before whom a statutory declaration may be made\n\nPart 1—Occupations\n\n1 Listing of occupations\n\nPart 2—Other persons\n\n2 Listing of persons\n\nSchedule 2—Repeals\n\nStatutory Declarations Regulations 2018\n\nPart 1—Preliminary\n\n \n\n1 Name\n\n This instrument is the Statutory Declarations Regulations 2023.\n\n2 Commencement\n\n (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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as the Statutory Declarations Amendment Act 2023 commences. 1 January 2024\n\n\nNote: 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.\n\n (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.\n\n3 Authority\n\n This instrument is made under the Statutory Declarations Act 1959.\n\n4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.\n\n5 Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) approved identity service;\n\n(b) approved online platform;\n\n(c) declarant.\n\n In this instrument:\n\nAct means the Statutory Declarations Act 1959.\n\ncitizenship certificate, in respect of a person, means a certificate, declaration, notice or other instrument in respect of the person’s status as an Australian citizen or British subject, or otherwise in respect of the person’s nationality, issued under:\n\n (a) the Australian Citizenship Act 2007; or\n\n (b) the Australian Citizenship Act 1948;\n\nor under regulations made under either of those Acts.\n\nCommonwealth authority means a Commonwealth entity or Commonwealth company (both within the meaning of the Public Governance, Performance and Accountability Act 2013).\n\ndigital identity framework means the Commonwealth government policy in relation to digital identity verification.\n\nPart 2—Matters prescribed for purposes of Act\n\n \n\n6 Persons before whom a statutory declaration may be made\n\n For the purposes of the definition of prescribed person in section 4 of the Act, each of the following persons is prescribed:\n\n (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);\n\n (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 1;\n\n (c) a person who is listed in Part 2 of Schedule 1.\n\n7 Documents that may be used to verify a person’s identity\n\n (1) For the purposes of subparagraph 9A(1)(b)(ii) of the Act, it is a condition that the identity of a declarant must be verified using at least 2 documents covered by subsection (2).\n\n (2) A document is covered by this subsection if the document:\n\n (a) is issued by the government of the Commonwealth or of a State or Territory; and\n\n (b) is one of the following:\n\n (i) a driver’s licence (however described);\n\n (ii) a current passport;\n\n (iii) a birth certificate;\n\n (iv) a medicare card (within the meaning of subsection 84(1) of the National Health Act 1953);\n\n (v) a citizenship certificate;\n\n (vi) a visa (within the meaning of the Migration Act 1958);\n\n (vii) a convention travel document issued under section 9 of the Australian Passports Act 2005;\n\n (viii) a document that can be used as evidence of immigration status.\n\nNote: An ImmiCard is an example of a document covered by subparagraph (viii).\n\n8 Information to be included in statutory declarations\n\n For the purposes of subparagraph 9A(1)(c)(ii) of the Act, all of the following information is prescribed:\n\n (a) the date and time that the declaration was completed and signed;\n\n (b) the name of the approved online platform that was used to complete and sign the declaration;\n\n (c) a statement that the identity of the declarant was verified using an approved identity service;\n\n (d) a statement that the declaration was completed and signed for the purposes of section 9A of the Act;\n\n (e) information that can be used to verify that:\n\n (i) the declaration was completed by the declarant using the approved online platform mentioned in paragraph (b); and\n\n (ii) the contents of the declaration have not been changed since the declaration was completed.\n\nNote: For the purposes of paragraph (e), the information may be in the form of a QR code or other identifier.\n\n9 Approved online platform\n\n For the purposes of subsection 9A(2) of the Act, the service known as myGov is prescribed.\n\n10 Approved identity service\n\n For the purposes of subsection 9A(3) of the Act, the service known as myGovID immediately before the commencement of these Regulations, or by whatever name called from time to time, is prescribed.\n\n11 Information to be included in annual report\n\n For the purposes of paragraph 9B(3)(d) of the Act, a report prepared by an online platform under subsection 9B(2) of the Act must include information about the number of statutory declarations started, but not completed, using the platform during the financial year to which the report relates.\n\n12 Matters that Minister must take into account before regulations relating to digital verification are made\n\n For the purposes of subsection 14(2) of the Act, the Minister must consider whether making the regulation would be consistent with the digital identity framework.\n\n13 Matters that Minister must be satisfied of before digital services are prescribed\n\n For the purposes of paragraph 14(3)(c) of the Act, the Minister must be satisfied that the digital service proposed to be prescribed:\n\n (a) if the digital service is proposed to be prescribed as an approved online platform for the purposes of subsection 9A(2) of the Act—will comply with any relevant standards or rules in the digital identity framework; or\n\n (b) if the digital service is proposed to be prescribed as an approved identity service for the purposes of subsection 9A(3) of the Act—is accredited as an identity service (however described) in accordance with the digital identity framework.\n\nPart 3—Transitional arrangements\n\nDivision 1—Transition from the Statutory Declarations Regulations 2018\n\n14 Transition from the Statutory Declarations Regulations 2018\n\n Despite the repeal of the Statutory Declarations Regulations 2018, anything:\n\n (a) done under those Regulations; or\n\n (b) taken to have effect by reason of section 8 of those Regulations;\n\nbefore the commencement of these Regulations continues to have effect on and after that commencement as if that repeal had not happened.\n\nSchedule 1—Persons before whom a statutory declaration may be made\n\nNote: See section 6.\n\nPart 1—Occupations\n\n \n\n1 Listing of occupations\n\n The following table lists occupations for the purposes of paragraph 6(b).\n\n \n\n| Item | Occupation |\n| --- | --- |\n| 1 | Architect |\n| 2 | Chiropractor |\n| 3 | Dentist |\n| 4 | Financial adviser or financial planner |\n| 5 | Legal practitioner |\n| 6 | Medical practitioner |\n| 7 | Midwife |\n| 8 | Migration agent registered under Division 3 of Part 3 of the Migration Act 1958 |\n| 9 | Nurse |\n| 10 | Occupational therapist |\n| 11 | Optometrist |\n| 12 | Patent attorney |\n| 13 | Pharmacist |\n| 14 | Physiotherapist |\n| 15 | Psychologist |\n| 16 | Trade marks attorney |\n| 17 | Veterinary surgeon |\n\n\nPart 2—Other persons\n\n \n\n2 Listing of persons\n\n The following table lists persons for the purposes of paragraph 6(c).\n\n \n\n| Item | Person |\n| --- | --- |\n| 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 |\n| 2 | Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public |\n| 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 |\n| 4 | Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955) |\n| 5 | Bailiff |\n| 6 | Bank officer with 5 or more continuous years of service |\n| 7 | Building society officer with 5 or more years of continuous service |\n| 8 | Chief executive officer of a Commonwealth court |\n| 9 | Clerk of a court |\n| 10 | Commissioner for Affidavits |\n| 11 | Commissioner for Declarations |\n| 12 | Credit union officer with 5 or more years of continuous service |\n| 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 |\n| 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 |\n| 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 |\n| 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 |\n| 17 | Finance company officer with 5 or more years of continuous service |\n| 18 | Holder of a statutory office not specified in another item of this Part |\n| 19 | Judge |\n| 20 | Justice of the Peace |\n| 21 | Magistrate |\n| 22 | Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961 |\n| 23 | Master of a court |\n| 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 |\n| 25 | Member of the Australasian Institute of Mining and Metallurgy |\n| 26 | Member of the Governance Institute of Australia Ltd |\n| 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 |\n| 28 | Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961 |\n| 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 |\n| 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 |\n| 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 |\n| 32 | Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made |\n| 33 | Police officer |\n| 34 | Registrar, or Deputy Registrar, of a court |\n| 35 | Senior executive employee of a Commonwealth authority |\n| 36 | Senior executive employee of a State or Territory |\n| 37 | SES employee of the Commonwealth |\n| 38 | Sheriff |\n| 39 | Sheriff’s officer |\n| 40 | Teacher employed on a permanent full‑time or part‑time basis at a school or tertiary education institution |\n\n\n \n\nSchedule 2—Repeals\n\n \n\nStatutory Declarations Regulations 2018\n\n1 The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument modernises and extends the statutory declaration framework to expressly cover digital verification and online platforms: it prescribes approved digital services (myGov/myGovID), mandates two‑document identity checks (reg 7), sets required data for electronic declarations (reg 8) and creates reporting requirements for platforms (reg 11). It also repeals the 2018 Regulations but preserves past actions by transitional saving (reg 14)."},"complexity_factors":["Cross-references to the Statutory Declarations Act 1959 (notably subsection 9A and 9B) create dependency on the Act's text for full effect (see regs 6–13).","Prescriptive lists of authorised witnesses (Schedule 1, Parts 1–2) increase administrative detail and rely on varied occupational and service‑time criteria.","Identity verification rule requiring at least two government‑issued documents (reg 7) introduces a concrete compliance test for declarants and witnesses.","Digitalisation rules prescribe specific services (myGov, myGovID in regs 9–10) and set data requirements for electronic declarations (reg 8), concentrating implementation obligations on platform operators.","Reporting duties for online platforms (reg 11) create ongoing information burdens and monitoring points.","Ministerial discretion and preconditions tied to the digital identity framework (regs 12–13) add policy gatekeeping and delegated decision‑making.","Transitional saving and full repeal of the 2018 instrument (reg 14; Schedule 2) require mapping legacy actions to the new regime.","Definitions (reg 5) and dependence on external standards (digital identity framework) require cross‑agency coordination and make interpretation context‑sensitive."],"plain_english_summary":"These regulations replace the 2018 rules and set who can witness statutory declarations, which government identity documents count for verification, and how digital statutory declarations must work. They prescribe myGov and myGovID as approved digital services, require verification using at least two government documents, and specify the information that must appear in an electronic declaration.\n\nThey affect people making or witnessing declarations, online platforms that host declarations (which must report usage data), and the Minister (who must consider the Commonwealth digital identity framework before prescribing services)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prescribing procedural and administrative details for statutory declarations under the Statutory Declarations Act 1959. The addition of digital declaration provisions represents a modernisation of method rather than an expansion of scope — the core function (regulating how people make formal sworn statements) remains unchanged."},"complexity_factors":["Multiple cross-references to the parent Act (Statutory Declarations Act 1959) requiring simultaneous reading","Two-tiered structure for authorised witnesses: licensed occupations (Part 1) plus specific categories of persons (Part 2) with overlapping categories (e.g., legal practitioners appear in both)","Conditional logic for digital declarations with nested requirements (section 7: 2 documents required, each from specific government-issued categories)","Defined terms that reference other legislation (e.g., 'Commonwealth authority' imports definitions from Public Governance, Performance and Accountability Act 2013)","Transitional provision preserving actions under repealed 2018 Regulations (section 14)","Ministerial discretion subject to external policy framework (digital identity framework) not defined in the instrument itself"],"plain_english_summary":"This legislation modernises how statutory declarations are made in Australia by allowing verified digital declarations on approved platforms while keeping strict identity checks and tamper-evidence. It also updates and confirms who is authorised to witness declarations.\n\nIt affects anyone who makes or witnesses statutory declarations and agencies running digital identity services—reducing paperwork and fraud risk while bringing declarations into contemporary online systems."}},"importantCases":[],"_links":{"self":"/api/acts/statutory-declarations-regulations-2023","history":"/api/acts/statutory-declarations-regulations-2023/history","analysis":"/api/acts/statutory-declarations-regulations-2023/analysis","conflicts":"/api/acts/statutory-declarations-regulations-2023/conflicts","importantCases":"/api/acts/statutory-declarations-regulations-2023/important-cases","documents":"/api/acts/statutory-declarations-regulations-2023/documents"}}