What it does
The Statutory Declarations Act 1959 establishes a uniform Commonwealth regime for the making, verification and evidentiary use of statutory declarations. At its core the statute performs three functions: it authorises the creation of statutory declarations (s 6(1)), prescribes the mandatory formalities that a declaration must satisfy to be valid (s 8), and criminalises false statements (s 11).
Section 6(1) provides that any person may make a statutory declaration “in relation to any matter” if they so desire. Subsection 6(2) then confers positive authority for such declarations to be used for the purposes of a Commonwealth or Territory law, in connection with any matter arising under such a law, or in the administration of a Commonwealth Department, unless the relevant law discloses a contrary intention. Importantly, s 6(3) clarifies that the Act does not itself authorise use of a statutory declaration as evidence in a judicial proceeding, but nor does it prevent such use where another law permits it. Section 7 extends the operation of any pre-existing or future statutory reference to “statutory declaration” so that it includes declarations made under this Act.
The mechanical heart of the statute is s 8, which states that a statutory declaration made under the Act must satisfy either the traditional witnessing route in s 9 or the digital verification route in s 9A. Under s 9 the declaration must be in the approved form (approved by the Minister under s 15), signed by the declarant under the observation of a prescribed person (either in person or by video link), and then signed by that prescribed person. Where the observation occurs by video link, the prescribed person may sign a true copy rather than the original provided they are satisfied it is identical. Section 7A overlays technology-neutral signing rules: a person may sign either a physical or electronic form provided the method identifies the signatory and indicates their intention, and is either as reliable as appropriate in all the circumstances or is proven in fact to have fulfilled that function.