45Making of affidavits

#### 45 Making of affidavits (1) An affidavit to be used in a proceeding in the Court may be sworn or affirmed within the Commonwealth or a Territory before: (a) a Judge of the Court, the Chief Executive Officer, a Registrar, a District Registrar, a justice of the peace or a commissioner for declarations; or (b) a person not mentioned in paragraph (a) who is authorised to administer oaths and affirmations for the purposes of the Court or for the purposes of the High Court or the Supreme Court of a State or Territory. (2) An affidavit to be used in a proceeding in the Court may be sworn or affirmed at a place outside the Commonwealth and the Territories before: (a) a Commissioner of the High Court authorized to administer oaths and affirmations in that place for the purposes of the High Court; or (c) an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the Consular Fees Act 1955, exercising his or her function in that place; or (ca) an employee of the Commonwealth who is: (i) authorised under paragraph 3(c) of the Consular Fees Act 1955; and (ii) exercising his or her function in that place; or (cb) an employee of the Australian Trade and Investment Commission who is: (i) authorised under paragraph 3(d) of the Consular Fees Act 1955; and (ii) exercising his or her function in that place; or (d) a notary public exercising his or her function in that place; or (e) a person qualified to administer an oath or affirmation in that place, being a person certified by the person mentioned in any of paragraphs (b), (c), (ca), (cb) and (d), or by the superior court of that place to be so qualified. (3) An affidavit sworn or affirmed outside the Commonwealth and the Territories otherwise than before a person referred to in subsection (2) may be used in a proceeding in the Court in circumstances provided by the Rules of Court.