Swearing of affidavits.Swearing of affidavits.

Swearing of affidavits.

E.B.A., s. 140.

Vic., s. 8. (Cf. s. 12, No. 4, 1895.)

S.A., s. 308.

W.A., s. 121.

47. Subject to rules, any affidavit to be used in any proceeding under this Act may—

(a) in the case of a person within the Commonwealth—be sworn before any person authorized to administer oaths in the High Court or Supreme Court, or before a Registrar, or official receiver, or before any Judge of the Court, or justice of the peace, or commissioner for affidavits, or commissioner for declarations; or

(b) in the case of a person out of the Commonwealth—be sworn before—

(i) a person authorized under the law of the Commonwealth to take affidavits, or a commissioner of the Supreme Court of a State for taking affidavits empowered and authorized to act in that place;

(ii) a High Commissioner of the Commonwealth, a British ambassador, envoy, Minister, charge d’affaires, secretary of embassy of legation, consul-general, consul, vice-consul, acting consul, pro-consul, consular agent, or notary public exercising his function in that place; or

(iii) any person qualified to administer an oath in that place, he being certified by any of the persons mentioned in the last two preceding sub-paragraphs, or by a notary public of the country or by the superior court of the place to be so qualified.