1Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018

Version No. 001

Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018

S.R. No. 152/2018

Version incorporating amendments as at
1 March 2019

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 2

3 Commencement 2

4 Definitions 2

Part 2—Authorised persons 3

5 Prescribed authorised affidavit takers 3

6 Prescribed authorised statutory declaration witnesses 4

Part 3—Prescribed forms and words 6

7 Prescribed form of affidavit 6

8 Signature and oath requirements—deponent 6

9 Statutory declarations made in Victoria 6

10 Certified copies of documents 6

11 Certified copies of certified copies of documents 6

Schedule 1—Form of affidavit 7

Schedule 2—Prescribed words for oath or affirmation for affidavit 8

Schedule 3—Form of statutory declaration 9

Schedule 4—Prescribed words for making a statutory declaration 11

Schedule 5—Prescribed words for certifying a copy of a document 12

Schedule 6—Prescribed words for certifying a copy of a certified copy of a document 13

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Endnotes 14

1 General information 14

2 Table of Amendments 16

3 Amendments Not in Operation 17

4 Explanatory details 18

Version No. 001

Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018

S.R. No. 152/2018

Version incorporating amendments as at
1 March 2019

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are to prescribe—

(a) a form which may be used to make an affidavit; and

(b) a form which must be used to make a statutory declaration; and

(c) persons or classes of persons as authorised affidavit takers; and

(d) persons or classes of persons as statutory declaration witnesses; and

(e) words—

(i) that a deponent must swear or affirm aloud in making an affidavit; and

(ii) that a person must say aloud before an authorised statutory declaration witness; and

(iii) that must be recorded on a certified copy of an original document.

2 Authorising provision

These Regulations are made under section 52 of the Oaths and Affirmations Act 2018.

3 Commencement

These Regulations come into operation on 1 March 2019.

4 Definitions

In these Regulations—

public service employee means a person employed under Part 3 of the Public Administration Act 2004;

the Act means the Oaths and Affirmations Act 2018;

VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010.

Part 2—Authorised persons

5 Prescribed authorised affidavit takers

(1) For the purposes of section 19(1)(q) of the Act, the prescribed classification for a public service employee is level 4 or equivalent or above, however described.

(2) For the purposes of section 19(1)(w) of the Act, the following are prescribed classes of persons—

(a) officers and employees appointed or employed under section 25(5) of the Transport Accident Act 1986 with a classification of level 4 or above;

(b) officers and employees appointed or employed by State Trustees within themeaning of section 3 of the State Trustees (State Owned Company) Act 1994 with a classification of level4 orabove, however described;

(c) Victorian Institute of Teaching Investigators appointed or employed under section 2.6.65(1) of the Education and Training Reform Act 2006 with a classification of level 4 or above;

Reg. 5(2)(d) amended by S.R. No. 4/2019 reg. 4(a).

(d) officers and employees appointed or employed by the Country Fire Authority with a classification of level 7, however described;

Reg. 5(2)(e) inserted by S.R. No. 4/2019 reg. 4(b).

(e) persons employed under Part 3 of the Public Administration Act 2004 with a classification level of 2 or 3, however described, in a court or tribunal when acting in the course of their duties in relation to that court or tribunal.

6 Prescribed authorised statutory declaration witnesses

For the purposes of section 30(2)(d) of the Act, the following classes of persons are prescribed statutory declaration witnesses—

(a) a public service employee with a classification of level 2 or equivalent or above, however described;

(b) officers and employees appointed or employed under section 25(5) of the Transport Accident Act 1986 with a classification of level 2 or above;

(c) officers and employees appointed or employed by State Trustees within the meaning of section 3 of the State Trustees (State Owned Company) Act 1994 with a classification of level2 or above, however described;

(d) a principal within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006;

(e) officers and employees appointed or employed by the Victorian WorkCover Authority under Part 11 of the Workplace Injury Rehabilitation and Compensation Act 2013 with a classification of band 2 or above;

(f) officers and employees appointed or employed by VicRoads under Part 5 of the Transport Integration Act 2010 with a classification of level 2 or above;

(g) protective services officers within the meaning of section 3(1) of the Victoria Police Act 2013;

(h) police reservists within the meaning of section 3(1) of the Victoria Police Act 2013;

(i) IBAC Officers within the meaning of section 3(1) the Independent Broad-based Anti-corruption Commission Act 2011;

(j) Victorian Inspectorate Officers within the meaning of section 3(1) of the Victorian Inspectorate Act 2011;

(k) Councillors within the meaning of section 3(1) of the Local Government Act 1989;

(l) licensees within the meaning of section 3 of the Conveyancers Act 2006.

Part 3—Prescribed forms and words

7 Prescribed form of affidavit

For the purposes of section 23 of the Act, the prescribed form is set out in Schedule 1.

8 Signature and oath requirements—deponent

For the purposes of section 25(2) of the Act, the prescribed oath or affirmation is the words set out in Schedule 2.

9 Statutory declarations made in Victoria

(1) For the purposes of section 30(1) of the Act, the prescribed form is set out in Schedule 3.

(2) For the purposes of section 30(4) of the Act, the prescribed words are set out in Schedule 4.

10 Certified copies of documents

(1) For the purposes of sections 41(2)(a) and 43(c) of the Act, the prescribed words are set out in Schedule 5.

(2) The prescribed words in subregulation (1) are to be written or stamped on the first page of the certified copy of an original document, unless there is insufficient space on the first page.

11 Certified copies of certified copies of documents

(1) For the purposes of section 42(2)(a) of the Act, the prescribed words are set out in Schedule 6.

(2) The prescribed words in subregulation (1) are to be written or stamped on the first page of the certified copy of a certified copy of an original document, unless there is insufficient space on the first page.

Schedule 1—Form of affidavit

Regulation 7

I, [full name] of [address], [occupation or child], *affirm/*make oath and say:

[insert statement to be sworn or affirmed in numbered paragraphs]

The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/*Affirmed at [place]

*in the State of Victoria

on [date]

[signature of person swearing or affirming the affidavit contents, to be signed in front of the authorised affidavit
taker]

Before me,

[signature of authorised affidavit taker]

on [date]

[name, statement of the capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp]

A person authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.

*delete if not applicable

Schedule 2—Prescribed words for oath or affirmation for affidavit

Regulation 8

Oath

I, [name of person making oath], swear [or promise] by Almighty God [or the person may name a god recognised by the person's religion] that the contents of this affidavit are true and correct.

Affirmation

I, [name of person making affirmation], solemnly and sincerely affirm that the contents of this affidavit are true and correct.

Child or cognitively impaired deponent

I, [name of person making the promise] promise that I have told the truth in this affidavit and it is correct.

Schedule 3—Form of statutory declaration

Regulation 9(1)

I, [name, address and occupation of person making the statutory declaration], make the following statutory declaration under the Oaths and Affirmations Act 2018:

[insert statement to be declared using numbered paragraphs]

I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

[signature of person making this statutory declaration in the presence of the authorised statutory declaration witness]

Declared at [place] in the State of Victoria

on [date]

I am an authorised statutory declaration witness and I sign this document in the presence of the person making the declaration:

[signature of authorised statutory declaration witness]

on [date]

[full name and personal or professional address of authorised statutory declaration witness in legible writing, typing or stamp]

[qualification as an authorised statutory declaration witness]

A person authorised under section 30(2) of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*I confirm that reasonable modifications were used in preparing this statutory declaration and that the contents of this statutory declaration were read to the person making the statutory declaration in a way that was appropriate to the person's circumstances.

[signature of authorised statutory declaration witness]

*delete if not applicable

Schedule 4—Prescribed words for making a statutory declaration

Regulation 9(2)

I, [full name of person making declaration] of [address], declare that the contents of this statutory declaration are true and correct.

Schedule 5—Prescribed words for certifying a copy of a document

Regulation 10

Certified copy of an original document

Certified to be a true copy of the original seen by me.

Schedule 6—Prescribed words for certifying a copy of a certified copy of a document

Regulation 11

Certified copy of a certified copy

Certified to be a true copy of another certified true copy seen by me.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018, S.R. No. 152/2018 were made on 10 October 2018 by the Governor in Council under section 52 of the Oaths and Affirmations Act 2018, No. 6/2018 and came into operation on 1 March 2019: regulation 3.

The Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 will sunset 10 years after the day of making on 10 October 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 by statutory rules, subordinate instruments and Acts.

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Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Amendment Regulations 2019, S.R. No. 4/2019

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3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

No entries at date of publication.