The Part 2B Amendments do not change what documents may or may not be executed electronically in NSW — only how documents may be witnessed and attested.
The Part 2B Amendments also do not affect the laws or requirements of any other jurisdiction. The amendments facilitated by the introduction of Part 2B to the ETA are only temporary, and will expire at the end of Attorney General Mark Speakman indicated that this extension will allow additional time for the effectiveness of the measures to be assessed, with a view to determining whether the amendments should be made permanent.
Remote Swearing of Oaths and Affidavits As with the Regulations, the Part 2B Amendments also: Allow an Australian legal practitioner to take or make any oath declaration or affidavit required for the purpose of any court or tribunal; for the registration of any instrument; or for any arbitration.
Previously, the position in NSW is that these can only be made or taken by a justice of the peace, a notary public, a British Consular Officer or an Australian Consular Officer. Application The changes to permit witnessing and attesting via audio visual link apply to wills, powers of attorney or enduring power of attorney , deeds or agreements, enduring guardianship appointments, affidavits and statutory declarations governed by NSW law.
APS employee with five or more continuous years of service. Senior executive of a Commonwealth authority. Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service. A non-commissioned officer with five or more years of continuous service. If the person making the affidavit is a member of the ADF, then:. There is no clear Commonwealth legislation stipulating who may certify documents. Generally, the agency requesting the certified documents will specify the occupations that are permitted to certify the documents, and if the certified document is for a particular purpose a law may specify who is able to certify the document.
Commonwealth agencies, such as the Department of Home Affairs, accept most occupations that are listed as authorised witnesses under the Statutory Declaration Regulations Cth. As noted previously, the authority of a person to witness a statutory declaration or affidavit or to certify documents is different in each jurisdiction.
Accordingly, care should be taken to confirm your capacity as an authorised witness prior to signing any documents placed in front of you. Whilst we hope the above tables offer some useful assistance in the first instance, we note that the information is provided for guidance only, is current as at the date of this article and recommend that you consult the relevant legislation or seek legal advice if you are unsure as to the scope of your authority.
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Thought leadership Publications Oaths, affirmations, declarations and more: who can sign what? We thank Ingrid Olbrei for her contribution to this article. Introduction Oaths, affirmations, statutory declarations and affidavits — what does it all mean?
Are you a Lawyer or a Legal Practitioner? Official oath means an oath in the form in the Third Schedule. Judicial oath means an oath in the form in the Fourth Schedule. Rep No 6, Sch 2 [2]. Part 3 Affirmations. Am No , sec 4 1 a. Part 4 Statutory declarations. Am No 47, Sch 1; No 31, Sch 4. Am No 80, Sch 13 [1]. Part 5 Affidavits. Australian Consular Officer means a person referred to in section 3 a — d of the Consular Fees Act of the Commonwealth.
Am No 4, sec 2 c. Rep No 27, Sch 1. Ins No 2, Sch 4. Am No 10, Sch 1. Am No 80, Sch 13 [5]. Am No 94, Sch 4. Subst No 27, Sch 1. Subst No 93, Sch 1 1 ; No 27, Sch 1. Part 6 Miscellaneous.
Ins No 45, Sch 2. Maximum penalty on summary conviction before the Local Court : 2 penalty units. Subst No 93, Sch 1 1. Am No 80, Sch 13 [6].
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