sec.13EInformation to be included about witness

### sec.13E Information to be included about witness A special witness for an affidavit or declaration that is electronically signed or witnessed by audio visual link must include the following information on the document— the witness’s full name; that the witness is a special witness; the type of special witness under section 12 (1) that the witness is; an Australian legal practitioner a justice approved by the chief executive under section 12 (2) a commissioner for declarations approved by the chief executive under section 12 (2) for a witness who is an Australian legal practitioner and an employee of, or a partner in, a law practice—the name of the law practice; for a witness who is not a witness mentioned in paragraph (d) and not a special witness under section 12 (1) (c) — the name of the witness’s place of employment; or the witness’s employment address or home address; or the witness’s telephone number; or the witness’s email address; for a document witnessed by audio visual link—that the witness understands, and has complied with, the requirements for witnessing a document by audio visual link; other information prescribed by regulation for this subsection. Jane Anne Doe Australian legal practitioner, ABC Legal Special witness under the Oaths Act 1867 I understand the requirements for witnessing a document by audio visual link and have complied with those requirements. A witness for an affidavit or declaration that is physically signed in the physical presence of the witness must include the following information on the document— the witness’s full name; the type of witness under section 16A or 16B that the witness is; a lawyer a justice of the peace for a witness who is not a justice or commissioner for declarations under the law of the State, the Commonwealth or another State— the name of the witness’s place of employment; or the witness’s employment address or home address; or the witness’s telephone number; or the witness’s email address; other information prescribed by regulation for this subsection. A witness for an affidavit or declaration who is a person prescribed by regulation under section 16A (1) (e) , 16B (1) (d) , 16C (2) , 31Q (2) or 31S (1) must include the following information on the document— the witness’s full name; other information prescribed by regulation for this subsection. See also the Justices of the Peace and Commissioners for Declarations Act 1991 , section 31 for other requirements applying to a justice of the peace or commissioner for declarations. s 13E ins 2021 No. 23 s 38 sub 2023 No. 23 s 145 (sec.13E-ssec.1) A special witness for an affidavit or declaration that is electronically signed or witnessed by audio visual link must include the following information on the document— the witness’s full name; that the witness is a special witness; the type of special witness under section 12 (1) that the witness is; an Australian legal practitioner a justice approved by the chief executive under section 12 (2) a commissioner for declarations approved by the chief executive under section 12 (2) for a witness who is an Australian legal practitioner and an employee of, or a partner in, a law practice—the name of the law practice; for a witness who is not a witness mentioned in paragraph (d) and not a special witness under section 12 (1) (c) — the name of the witness’s place of employment; or the witness’s employment address or home address; or the witness’s telephone number; or the witness’s email address; for a document witnessed by audio visual link—that the witness understands, and has complied with, the requirements for witnessing a document by audio visual link; other information prescribed by regulation for this subsection. Jane Anne Doe Australian legal practitioner, ABC Legal Special witness under the Oaths Act 1867 I understand the requirements for witnessing a document by audio visual link and have complied with those requirements. (sec.13E-ssec.2) A witness for an affidavit or declaration that is physically signed in the physical presence of the witness must include the following information on the document— the witness’s full name; the type of witness under section 16A or 16B that the witness is; a lawyer a justice of the peace for a witness who is not a justice or commissioner for declarations under the law of the State, the Commonwealth or another State— the name of the witness’s place of employment; or the witness’s employment address or home address; or the witness’s telephone number; or the witness’s email address; other information prescribed by regulation for this subsection. (sec.13E-ssec.3) A witness for an affidavit or declaration who is a person prescribed by regulation under section 16A (1) (e) , 16B (1) (d) , 16C (2) , 31Q (2) or 31S (1) must include the following information on the document— the witness’s full name; other information prescribed by regulation for this subsection. - (a) the witness’s full name; - (b) that the witness is a special witness; - (c) the type of special witness under section 12 (1) that the witness is; Examples of types of special witness— • an Australian legal practitioner • a justice approved by the chief executive under section 12 (2) • a commissioner for declarations approved by the chief executive under section 12 (2) - • an Australian legal practitioner - • a justice approved by the chief executive under section 12 (2) - • a commissioner for declarations approved by the chief executive under section 12 (2) - (d) for a witness who is an Australian legal practitioner and an employee of, or a partner in, a law practice—the name of the law practice; - (e) for a witness who is not a witness mentioned in paragraph (d) and not a special witness under section 12 (1) (c) — (i) the name of the witness’s place of employment; or (ii) the witness’s employment address or home address; or (iii) the witness’s telephone number; or (iv) the witness’s email address; - (i) the name of the witness’s place of employment; or - (ii) the witness’s employment address or home address; or - (iii) the witness’s telephone number; or - (iv) the witness’s email address; - (f) for a document witnessed by audio visual link—that the witness understands, and has complied with, the requirements for witnessing a document by audio visual link; - (g) other information prescribed by regulation for this subsection. - • an Australian legal practitioner - • a justice approved by the chief executive under section 12 (2) - • a commissioner for declarations approved by the chief executive under section 12 (2) - (i) the name of the witness’s place of employment; or - (ii) the witness’s employment address or home address; or - (iii) the witness’s telephone number; or - (iv) the witness’s email address; - (a) the witness’s full name; - (b) the type of witness under section 16A or 16B that the witness is; Examples of types of witness— • a lawyer • a justice of the peace - • a lawyer - • a justice of the peace - (c) for a witness who is not a justice or commissioner for declarations under the law of the State, the Commonwealth or another State— (i) the name of the witness’s place of employment; or (ii) the witness’s employment address or home address; or (iii) the witness’s telephone number; or (iv) the witness’s email address; - (i) the name of the witness’s place of employment; or - (ii) the witness’s employment address or home address; or - (iii) the witness’s telephone number; or - (iv) the witness’s email address; - (d) other information prescribed by regulation for this subsection. - • a lawyer - • a justice of the peace - (i) the name of the witness’s place of employment; or - (ii) the witness’s employment address or home address; or - (iii) the witness’s telephone number; or - (iv) the witness’s email address; - (a) the witness’s full name; - (b) other information prescribed by regulation for this subsection.