I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 07 December 2023
David Hurley
Governor‑General
By His Excellency’s Command
Mark Dreyfus KC
Attorney‑General
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2—Matters prescribed for purposes of Act
6 Persons before whom a statutory declaration may be made
7 Documents that may be used to verify a person’s identity
8 Information to be included in statutory declarations
9 Approved online platform
10 Approved identity service
11 Information to be included in annual report
12 Matters that Minister must take into account before regulations relating to digital verification are made
13 Matters that Minister must be satisfied of before digital services are prescribed
Part 3—Transitional arrangements
Division 1—Transition from the Statutory Declarations Regulations 2018
14 Transition from the Statutory Declarations Regulations 2018
Schedule 1—Persons before whom a statutory declaration may be made
Part 1—Occupations
1 Listing of occupations
Part 2—Other persons
2 Listing of persons
Schedule 2—Repeals
Statutory Declarations Regulations 2018
Part 1—Preliminary
1 Name
This instrument is the Statutory Declarations Regulations 2023.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument At the same time as the Statutory Declarations Amendment Act 2023 commences. 1 January 2024
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Statutory Declarations Act 1959.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) approved identity service;
(b) approved online platform;
(c) declarant.
In this instrument:
Act means the Statutory Declarations Act 1959.
citizenship certificate, in respect of a person, means a certificate, declaration, notice or other instrument in respect of the person’s status as an Australian citizen or British subject, or otherwise in respect of the person’s nationality, issued under:
(a) the Australian Citizenship Act 2007; or
(b) the Australian Citizenship Act 1948;
or under regulations made under either of those Acts.
Commonwealth authority means a Commonwealth entity or Commonwealth company (both within the meaning of the Public Governance, Performance and Accountability Act 2013).
digital identity framework means the Commonwealth government policy in relation to digital identity verification.
Part 2—Matters prescribed for purposes of Act
6 Persons before whom a statutory declaration may be made
For the purposes of the definition of prescribed person in section 4 of the Act, each of the following persons is prescribed:
(a) a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described);
(b) a person who, under a law of the Commonwealth, a State or Territory, is currently licensed or registered to practise in Australia in an occupation listed in Part 1 of Schedule 1;
(c) a person who is listed in Part 2 of Schedule 1.
7 Documents that may be used to verify a person’s identity
(1) For the purposes of subparagraph 9A(1)(b)(ii) of the Act, it is a condition that the identity of a declarant must be verified using at least 2 documents covered by subsection (2).
(2) A document is covered by this subsection if the document:
(a) is issued by the government of the Commonwealth or of a State or Territory; and
(b) is one of the following:
(i) a driver’s licence (however described);
(ii) a current passport;
(iii) a birth certificate;
(iv) a medicare card (within the meaning of subsection 84(1) of the National Health Act 1953);
(v) a citizenship certificate;
(vi) a visa (within the meaning of the Migration Act 1958);
(vii) a convention travel document issued under section 9 of the Australian Passports Act 2005;
(viii) a document that can be used as evidence of immigration status.
Note: An ImmiCard is an example of a document covered by subparagraph (viii).
8 Information to be included in statutory declarations
For the purposes of subparagraph 9A(1)(c)(ii) of the Act, all of the following information is prescribed:
(a) the date and time that the declaration was completed and signed;
(b) the name of the approved online platform that was used to complete and sign the declaration;
(c) a statement that the identity of the declarant was verified using an approved identity service;
(d) a statement that the declaration was completed and signed for the purposes of section 9A of the Act;
(e) information that can be used to verify that:
(i) the declaration was completed by the declarant using the approved online platform mentioned in paragraph (b); and
(ii) the contents of the declaration have not been changed since the declaration was completed.
Note: For the purposes of paragraph (e), the information may be in the form of a QR code or other identifier.
9 Approved online platform
For the purposes of subsection 9A(2) of the Act, the service known as myGov is prescribed.
10 Approved identity service
For the purposes of subsection 9A(3) of the Act, the service known as myGovID immediately before the commencement of these Regulations, or by whatever name called from time to time, is prescribed.
11 Information to be included in annual report
For the purposes of paragraph 9B(3)(d) of the Act, a report prepared by an online platform under subsection 9B(2) of the Act must include information about the number of statutory declarations started, but not completed, using the platform during the financial year to which the report relates.
12 Matters that Minister must take into account before regulations relating to digital verification are made
For the purposes of subsection 14(2) of the Act, the Minister must consider whether making the regulation would be consistent with the digital identity framework.
13 Matters that Minister must be satisfied of before digital services are prescribed
For the purposes of paragraph 14(3)(c) of the Act, the Minister must be satisfied that the digital service proposed to be prescribed:
(a) if the digital service is proposed to be prescribed as an approved online platform for the purposes of subsection 9A(2) of the Act—will comply with any relevant standards or rules in the digital identity framework; or
(b) if the digital service is proposed to be prescribed as an approved identity service for the purposes of subsection 9A(3) of the Act—is accredited as an identity service (however described) in accordance with the digital identity framework.
Part 3—Transitional arrangements
Division 1—Transition from the Statutory Declarations Regulations 2018
14 Transition from the Statutory Declarations Regulations 2018
Despite the repeal of the Statutory Declarations Regulations 2018, anything:
(a) done under those Regulations; or
(b) taken to have effect by reason of section 8 of those Regulations;
before the commencement of these Regulations continues to have effect on and after that commencement as if that repeal had not happened.
Schedule 1—Persons before whom a statutory declaration may be made
Note: See section 6.
Part 1—Occupations
1 Listing of occupations
The following table lists occupations for the purposes of paragraph 6(b).
Item
Occupation
1
Architect
2
Chiropractor
3
Dentist
4
Financial adviser or financial planner
5
Legal practitioner
6
Medical practitioner
7
Midwife
8
Migration agent registered under Division 3 of Part 3 of the Migration Act 1958
9
Nurse
10
Occupational therapist
11
Optometrist
12
Patent attorney
13
Pharmacist
14
Physiotherapist
15
Psychologist
16
Trade marks attorney
17
Veterinary surgeon
Part 2—Other persons
2 Listing of persons
The following table lists persons for the purposes of paragraph 6(c).
Item
Person
1
Accountant who is:<br>(a) a fellow of the National Tax Accountants’ Association; or<br>(b) a member of any of the following:<br>(i) Chartered Accountants Australia and New Zealand;<br>(ii) the Association of Taxation and Management Accountants;<br>(iii) CPA Australia;<br>(iv) the Institute of Public Accountants
2
Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
3
APS employee engaged on an ongoing basis with 5 or more years of continuous service who is not specified in another item of this Part
4
Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)
5
Bailiff
6
Bank officer with 5 or more continuous years of service
7
Building society officer with 5 or more years of continuous service
8
Chief executive officer of a Commonwealth court
9
Clerk of a court
10
Commissioner for Affidavits
11
Commissioner for Declarations
12
Credit union officer with 5 or more years of continuous service
13
Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service who is not specified in another item in this Part
14
Employee of the Australian Trade and Investment Commission who is:<br>(a) in a country or place outside Australia; and<br>(b) authorised under paragraph 3(d) of the Consular Fees Act 1955; and<br>(c) exercising the employee’s function at that place
15
Employee of the Commonwealth who is:<br>(a) at a place outside Australia; and<br>(b) authorised under paragraph 3(c) of the Consular Fees Act 1955; and<br>(c) exercising the employee’s function at that place
16
Engineer who is:<br>(a) a member of Engineers Australia, other than at the grade of student; or<br>(b) a Registered Professional Engineer of Professionals Australia; or<br>(c) registered as an engineer under a law of the Commonwealth, a State or Territory; or<br>(d) registered on the National Engineering Register by Engineers Australia
17
Finance company officer with 5 or more years of continuous service
18
Holder of a statutory office not specified in another item of this Part
19
Judge
20
Justice of the Peace
21
Magistrate
22
Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961
23
Master of a court
24
Member of the Australian Defence Force who is:<br>(a) an officer; or<br>(b) a non‑commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or<br>(c) a warrant officer within the meaning of that Act
25
Member of the Australasian Institute of Mining and Metallurgy
26
Member of the Governance Institute of Australia Ltd
27
Member of:<br>(a) the Parliament of the Commonwealth; or<br>(b) the Parliament of a State; or<br>(c) a Territory legislature; or<br>(d) a local government authority
28
Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961
29
Notary public, including a notary public (however described) exercising functions at a place outside:<br>(a) the Commonwealth; and<br>(b) the external Territories of the Commonwealth
30
Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office providing postal services to the public
31
Permanent employee of:<br>(a) a State or Territory or a State or Territory authority; or<br>(b) a local government authority;<br>with 5 or more years of continuous service, other than such an employee who is specified in another item of this Part
32
Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made
33
Police officer
34
Registrar, or Deputy Registrar, of a court
35
Senior executive employee of a Commonwealth authority
36
Senior executive employee of a State or Territory
37
SES employee of the Commonwealth
38
Sheriff
39
Sheriff’s officer
40
Teacher employed on a permanent full‑time or part‑time basis at a school or tertiary education institution