10Obtaining statutory declarations

10 Obtaining statutory declarations

(1)  A party to the proceedings on an application who wishes to obtain a statutory declaration may prepare a list of questions to be answered and a requisition in a form authorised by the Recorder.

(2)  The Recorder must, on payment of 38 fee units, seal the requisition.

(3)  The party wishing to obtain the statutory declaration must serve the sealed requisition on the proposed declarant as if it were a writ of subpoena.

(4)  A person who is served with a requisition under subregulation (3) must –

(a) answer the questions set out in the requisition to the best of that person’s ability; and

(b) verify those answers by statutory declaration; and

(c) lodge the answers and declaration in a form authorised by the Recorder.

Penalty:  Fine not exceeding 5 penalty units.

(5)  A person does not commit an offence under subregulation (4)(a) by failing to answer a question that the person would not be compelled to answer if the question were asked of the person as a witness in the Supreme Court in proceedings based on an application.

(6)  The answers and declarations so lodged in respect of a requisition under this regulation may be inspected, and copied, by any party to the same proceedings free of charge.