sec.16AWho may witness affidavits

### sec.16A Who may witness affidavits A person’s affidavit may be witnessed by any of the following persons without a commission being issued for the purpose— a justice, commissioner for declarations or notary public under the law of the State, the Commonwealth or another State; a lawyer; a conveyancer, or another person authorised to administer an oath, under the law of the State, the Commonwealth or another State; if the affidavit is witnessed outside Australia—a person authorised to administer an oath under the law of the place in which the affidavit is witnessed; another person prescribed by regulation for this subsection. See also section 13E and part 6A for requirements for witnessing an affidavit by audio visual link. However, a regulation may provide that a person mentioned in subsection (1) (a) , (b) , (c) , (d) or (e) — may witness an affidavit only of a prescribed type and subject to any prescribed conditions; or may not witness an affidavit of a prescribed type. This section applies to an affidavit witnessed for Queensland law, whether it is witnessed inside or outside Queensland (including outside Australia). s 16A (prev s 41 (orig 1891 55 Vic No. 14 s 3)) sub 1974 No. 23 s 2 ; 1995 No. 24 s 44 reloc 1995 No. 24 s 45 amd 2008 No. 59 s 91 ; 2021 No. 23 s 41 (1) – (7) reloc and renum 2021 No. 23 s 41 (8) amd 2023 No. 23 s 147 (sec.16A-ssec.1) A person’s affidavit may be witnessed by any of the following persons without a commission being issued for the purpose— a justice, commissioner for declarations or notary public under the law of the State, the Commonwealth or another State; a lawyer; a conveyancer, or another person authorised to administer an oath, under the law of the State, the Commonwealth or another State; if the affidavit is witnessed outside Australia—a person authorised to administer an oath under the law of the place in which the affidavit is witnessed; another person prescribed by regulation for this subsection. See also section 13E and part 6A for requirements for witnessing an affidavit by audio visual link. (sec.16A-ssec.2) However, a regulation may provide that a person mentioned in subsection (1) (a) , (b) , (c) , (d) or (e) — may witness an affidavit only of a prescribed type and subject to any prescribed conditions; or may not witness an affidavit of a prescribed type. (sec.16A-ssec.3) This section applies to an affidavit witnessed for Queensland law, whether it is witnessed inside or outside Queensland (including outside Australia). - (a) a justice, commissioner for declarations or notary public under the law of the State, the Commonwealth or another State; - (b) a lawyer; - (c) a conveyancer, or another person authorised to administer an oath, under the law of the State, the Commonwealth or another State; - (d) if the affidavit is witnessed outside Australia—a person authorised to administer an oath under the law of the place in which the affidavit is witnessed; - (e) another person prescribed by regulation for this subsection. - (a) may witness an affidavit only of a prescribed type and subject to any prescribed conditions; or - (b) may not witness an affidavit of a prescribed type.