34Identification of person making statutory declaration or affidavit

#### 34 Identification of person making statutory declaration or affidavit 34 Identification of person making statutory declaration or affidavit > > (1) A person who takes and receives a statutory declaration or affidavit in this State (an authorised witness)— > > > > > (a) must see the face of the person making the declaration or affidavit, and > > > > > (b) must know the person who makes the declaration or affidavit or confirm the person’s identity in accordance with the regulations, and > > > > > (c) must certify on the declaration or affidavit in accordance with the regulations that this section has been complied with. > > > > Maximum penalty (on summary conviction before the Local Court): 2 penalty units. > > > (2) An authorised witness may request a person who is seeking to make a statutory declaration or affidavit to remove so much of any face covering worn by the person as prevents the authorised witness from seeing the person’s face. > > > (3) The regulations may make provision for or with respect to compliance with this section and, in particular, may— > > > > > (a) provide that a person is not known to an authorised witness unless the authorised witness has known the person for a minimum specified period, and > > > > > (b) provide for the steps that will satisfy the requirement to confirm the identity of a person making a statutory declaration or affidavit (including prescribing the kinds of documentation that may or must be relied on for that purpose), and > > > > > (c) exempt an authorised witness from the requirement to comply with subsection (1) (a) for medical or other reasons. > > > (4) A failure to comply with this section does not affect the validity of any statutory declaration or affidavit. > > > (4A) This section does not apply in respect of a person who takes and receives a statutory declaration or affidavit if the declaration or affidavit is made or required to be made— > > > > > (a) for the purposes of proceedings in— > > > > > > > (i) the High Court, or > > > > > > > (ii) the Federal Court, or > > > > > > > (iii) the Federal Circuit and Family Court of Australia, or > > > > > > > (iv) (Repealed) > > > > > > > (v) any other court created by the Commonwealth Parliament, or > > > > > (b) for the purposes of, or in connection with, any matter arising under, a law of the Commonwealth, or > > > > > (c) in connection with the administration of a Commonwealth Government department or agency. > > > (5) In this section— > > > > face and face covering have the same meanings as they have in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > **s 34:** Ins 1985 No 151, Sch 1 (2). Subst 1990 No 93, Sch 1 (1). Rep 1995 No 27, Sch 1. Ins 2011 No 45, Sch 2.6. Am 2013 No 80, Sch 13 \[6\]; 2023 No 7, Sch 2.37\[2\].