QLDIn ForceAct
Oaths Act 1867
sec.13DGeneral requirements for witnessing affidavit or declaration
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### sec.13D General requirements for witnessing affidavit or declaration
A witness for an affidavit or declaration must not confirm the document unless—
the person takes reasonable steps to verify—
the identity of the signatory; and
that the name of the signatory matches the name of the signatory written on or in the document; and
the person is satisfied the signatory is—
freely and voluntarily signing the document; or
freely and voluntarily directing the substitute signatory to sign the document.
See also section 31T in relation to witnessing a document by audio visual link.
s 13D ins 2021 No. 23 s 38
sub 2023 No. 23 s 145
- (a) the person takes reasonable steps to verify— (i) the identity of the signatory; and (ii) that the name of the signatory matches the name of the signatory written on or in the document; and
- (i) the identity of the signatory; and
- (ii) that the name of the signatory matches the name of the signatory written on or in the document; and
- (b) the person is satisfied the signatory is— (i) freely and voluntarily signing the document; or (ii) freely and voluntarily directing the substitute signatory to sign the document.
- (i) freely and voluntarily signing the document; or
- (ii) freely and voluntarily directing the substitute signatory to sign the document.
- (i) the identity of the signatory; and
- (ii) that the name of the signatory matches the name of the signatory written on or in the document; and
- (i) freely and voluntarily signing the document; or
- (ii) freely and voluntarily directing the substitute signatory to sign the document.