6Confirmation of identity of person not known to authorised witness

6 Confirmation of identity of person not known to authorised witness

6 Confirmation of identity of person not known to authorised witness

(1) For the Act, section 34(1)(b), an authorised witness satisfies the requirement to confirm the identity of a person making a statutory declaration or affidavit if, before the declaration or affidavit is made, the authorised witness sights an original or certified copy of an identification document relating to the person.

(2) For subsection (1), an authorised witness must not rely on an identification document if the document—

(a) has expired, other than an Australian passport that has been expired for less than 2 years, or

(b) has been cancelled, or

(c) is referred to in the definition of identification document, paragraph (c), (d), (e), (g) or (j) and is in a language other than English, unless the document is accompanied by a document purporting to contain an English translation of the identification document, or

(d) is referred to in the definition of identification document, paragraph (l)(iii) and is more than 1 year old, or

Note—

Under subsection (2)(a), an authorised witness must not rely on a credit card or passbook that has expired.

(e) is referred to in the definition of identification document, paragraph (m) or (n) and is more than 2 years old.

(3) For subsection (1), a copy of a document may be certified as a true copy of the original by—

(a) an authorised witness, or

(b) a person authorised to take and receive statutory declarations under the Act, section 21(1).