QLDIn ForceAct
Oaths Act 1867
sec.31QSubstitute signatory signing in physical presence of witness requires special witness or another prescribed person
Start here
Get a plain-English read of sec.31Q
Turn the raw legal text into a practical explanation grounded in Oaths Act 1867.
### sec.31Q Substitute signatory signing in physical presence of witness requires special witness or another prescribed person
This section applies in relation to a substitute signatory directed by audio visual link to sign a document for a signatory if the substitute signatory is to sign the document in the physical presence of a witness.
See section 31S in relation to the signing of a document to be witnessed by audio visual link.
The signing of the document by the substitute signatory must be witnessed by a special witness for the document or another person prescribed by regulation for this subsection.
However, a regulation made under subsection (2) may provide that a person prescribed for that subsection—
may witness a document only of a prescribed type and subject to any prescribed conditions; or
may not witness a document of a prescribed type.
This section does not—
affect any requirement under an Act or other law about the number of witnesses required or permitted to witness a document; or
authorise or permit a person who is excluded from witnessing a document under an Act or other law to witness the document.
s 31Q ins 2021 No. 23 s 40
amd 2023 No. 23 s 154
(sec.31Q-ssec.1) This section applies in relation to a substitute signatory directed by audio visual link to sign a document for a signatory if the substitute signatory is to sign the document in the physical presence of a witness. See section 31S in relation to the signing of a document to be witnessed by audio visual link.
(sec.31Q-ssec.2) The signing of the document by the substitute signatory must be witnessed by a special witness for the document or another person prescribed by regulation for this subsection.
(sec.31Q-ssec.3) However, a regulation made under subsection (2) may provide that a person prescribed for that subsection— may witness a document only of a prescribed type and subject to any prescribed conditions; or may not witness a document of a prescribed type.
(sec.31Q-ssec.4) This section does not— affect any requirement under an Act or other law about the number of witnesses required or permitted to witness a document; or authorise or permit a person who is excluded from witnessing a document under an Act or other law to witness the document.
- (a) may witness a document only of a prescribed type and subject to any prescribed conditions; or
- (b) may not witness a document of a prescribed type.
- (a) affect any requirement under an Act or other law about the number of witnesses required or permitted to witness a document; or
- (b) authorise or permit a person who is excluded from witnessing a document under an Act or other law to witness the document.