QLDIn ForceAct
Oaths Act 1867
sec.16BWho may witness declarations
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### sec.16B Who may witness declarations
A person’s declaration may be witnessed by—
a justice, commissioner for declarations or notary public under the law of the State, the Commonwealth or another State; or
a lawyer; or
a conveyancer, or another person authorised to administer an oath, under the law of the State, the Commonwealth or another State; or
another person prescribed by regulation for this subsection.
See also section 13E and part 6A for requirements for witnessing a declaration by audio visual link.
However, a regulation may provide that a person mentioned in subsection (1) (a) , (b) , (c) or (d) —
may witness a declaration only of a prescribed type and subject to any prescribed conditions; or
may not witness a declaration of a prescribed type.
This section applies to a declaration witnessed for Queensland law, whether it is witnessed inside or outside Queensland (including outside Australia).
s 16B (prev s 13) amd 1899 63 Vic No. 9 s 3(2) sch 3; 1908 8 Edw 7 No. 18 s 2 sch 1; 1960 9 Eliz 2 No. 16 s 2; 1992 No. 36 s 2 sch 1
sub 1995 No. 24 s 28
amd 2021 No. 23 s 37 (1) – (7)
reloc and renum 2021 No. 23 s 37 (8)
amd 2023 No. 23 s 148
(sec.16B-ssec.1) A person’s declaration may be witnessed by— a justice, commissioner for declarations or notary public under the law of the State, the Commonwealth or another State; or a lawyer; or a conveyancer, or another person authorised to administer an oath, under the law of the State, the Commonwealth or another State; or another person prescribed by regulation for this subsection. See also section 13E and part 6A for requirements for witnessing a declaration by audio visual link.
(sec.16B-ssec.2) However, a regulation may provide that a person mentioned in subsection (1) (a) , (b) , (c) or (d) — may witness a declaration only of a prescribed type and subject to any prescribed conditions; or may not witness a declaration of a prescribed type.
(sec.16B-ssec.3) This section applies to a declaration 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; or
- (b) a lawyer; or
- (c) a conveyancer, or another person authorised to administer an oath, under the law of the State, the Commonwealth or another State; or
- (d) another person prescribed by regulation for this subsection.
- (a) may witness a declaration only of a prescribed type and subject to any prescribed conditions; or
- (b) may not witness a declaration of a prescribed type.