26Before whom oaths and affidavits may be taken

#### 26 Before whom oaths and affidavits may be taken 26 Before whom oaths and affidavits may be taken > > (1) Any oath, declaration or affidavit required for the purpose of any court or tribunal or for the purpose of the registration of any instrument in this or any other State or Territory or the Commonwealth or for the purpose of any arbitration in this or any other State or Territory or the Commonwealth may be taken or made— > > > > > (a) in any place in this State before any justice of the peace for this State or an Australian legal practitioner, and > > > > > (b) in any country or place out of this State before a notary public, or before any person having authority to administer an oath in that country or place, and > > > > > (c) in any country or place out of this State before a British Consular Officer or an Australian Consular Officer exercising his or her functions in that country or place. > > > (1A) A person who takes and receives an oath, declaration or affidavit that is to be made by more than one person, may do so— > > > > > (a) with two or more of the persons making the oath, declaration or affidavit present at the same time, or > > > > > (b) with each of the persons making the oath, declaration or affidavit at separate times. > > > (2) In this section— > > > > Australian Consular Officer means a person referred to in section 3 (a)–(d) of the [Consular Fees Act 1955](http://www.legislation.gov.au/) of the Commonwealth. > > > > Note. > > > > Those paragraphs refer to— > > > > > (a) an Australian Diplomatic Officer or an Australian Consular Officer, or > > > > > (b) the person holding or acting in the office of Secretary of the Department of Foreign Affairs and Trade or an officer of the Department acting with the authority of the Secretary, or > > > > > (c) an employee of the Commonwealth authorised, in writing, by the Secretary, or > > > > > (d) an employee of the Australian Trade Commission authorised, in writing, by the Secretary. > > > > British Consular Officer means a British Ambassador, Envoy, Minister, Chargé d’Affaires, Secretary of Embassy or Legation, Consul-General, Acting Consul-General, Consul, Acting Consul, Vice-Consul, Acting Vice-Consul, Proconsul, Consular Agent and Acting Consular Agent. > > **s 26:** Subst 1916 No 5, sec 5. Am 1953 No 4, sec 2 (a) (b); 1962 No 5, sec 2; 1984 No 165, sec 3; 2005 No 64, Sch 2.44; 2013 No 80, Sch 13 \[2\]–\[4\]; 2014 No 14, Sch 4.2; 2015 No 2, Sch 4.5 \[1\] \[2\]; 2019 No 14, Sch 2.18; 2021 No 33, Sch 2\[2\].