512Affidavits sworn outside Australia

512 Affidavits sworn outside Australia

(1)  An affidavit sworn and taken in any place out of Australia may be sworn –

(a) before a person exercising the functions of any of the following offices:

(i) an Australian consular officer;

(ii) an envoy or a Secretary of embassy or legation;

(iii) an acting consul or proconsul of any part of the Sovereign's dominions; or

(b) before any person having authority to administer an oath in that place.

(2)  In this rule,

Australian consular officer means a person appointed to hold or act in any of the following offices of the Commonwealth in a country or place outside Australia:

(a) Ambassador;

(b) High Commissioner;

(c) Minister;

(d) Head of Mission;

(e) Commissioner;

(f) Charge d'affaires;

(g) Counsellor or Secretary at a diplomatic post;

(h) Consul-General;

(i) Consul;

(j) Vice-Consul;

(k) Trade Commissioner;

(l) Consular Agent.

(3)  If a person purports to have the authority referred to in subrule (1)(b) , the Court or a judge is to take judicial notice of the seal or signature of the person appended to any affidavit.

(4)  For the purpose of subrule (1)(a)(iii) , judicial notice may be taken as to which places are or are not under the dominion of the Sovereign.

(5)  If a person purports to have the authority referred to in subrule (1)(b) by the law of a foreign country and not under the dominion of the Sovereign, the authority may be verified by any of the persons mentioned in or by the certificate of a court of the country.