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PERSONS AUTHORISED TO WITNESS THE SIGNING OF STATUTORY DECLARATIONS AND TO CERTIFY TRUE COPIES OF DOCUMENTS

(forms Appendix 2 to the Application for general registration form)

Under section 107A of the Evidence Act 1958, the following people in Victoria are authorised to witness the signing of a statutory declaration and to certify a true copy of a document:

a) a justice of the peace (JP) or a bail justice. (To locate your nearest JP, phone the info-line on 1300 365 567.)
b) a notary public;
c) a barrister and solicitor of the Supreme Court;
d) a clerk to a barrister and solicitor of the Supreme Court;
e) any of the following:
  • the prothonotary or a deputy prothonotary of the Supreme Court;
  • the registrar or a deputy registrar of the County Court;
  • the principal registrar or a registrar or deputy registrar of the Magistrates' Court.
f) the registrar of probates or a deputy registrar;
g) the associate to a judge of the Supreme Court or County Court;
h) the secretary to a master of the Supreme Court or County Court;
i) a person registered as a patent attorney under Part XV of the Patents Act 1958;
j) a member of the police force;
k) the sheriff or a deputy sheriff;
l) a member (or former member) of either House of parliament of Victoria;
m) a member (or former member) of either House of the federal parliament;
n) a councillor of a municipality;
o) a senior officer of a council, as defined by the Local Government Act 1989;
p) a registered medical practitioner within the meaning of the Medical Practice Act 1994;
q) a registered dentist within the meaning of the Dental Practice Act 1999;
r) a veterinary practitioner;
s) a pharmacist;
t) a principal in a teaching service;
u) the manager of an authorised deposit-taking institution;
v) an Accountant (a member of: the Institute of Charted Accountants in Australia or the Australian Society of Accountants or the National Institute of Accountants);
w) the secretary of a building society;
x) a minister of religion authorised to celebrate marriages;
y) a person employed under part 3 of the Public Sector Management and Employment Act 1998 with a prescribed classification;
z) a fellow of the Institute of Legal Executives of Victoria.
  Note: with the exception of (former) federal parliamentarians, all persons listed above hold their position in Victoria.


SIGNING STATUTORY DECLARATION OUTSIDE VICTORIA

The following sections provides details of the relevant Acts of Parliament and at least a sample of persons authorised to witness the signing of statutory declarations and to certify true copies of documents.
As these details may be changed from time to time, you must satisfy yourself that the person witnessing your declaration is legally authorised where you are located.

1. In NSW
  • Section 27(1) of the Oaths Act 1900
  • Justice of the Peace; notary public; commissioner for the court for taking affidavits; a solicitor; any other person authorised to administer an oath.
2. In Queensland
  • Oaths Act 1867
  • Justice of the Peace; commissioner for declarations; notary public; barrister; solicitor; conveyancer.
3. In South Australia
  • Oaths Act 1936
  • Justice of the Peace; notary public; members of the police force; bank manager; other officer by law authorised to administer an oath or affirmation.
4. In Western Australia
  • Section 106 of the Evidence Act 1906
  • Justice of the Peace; any person authorised by law to administer an oath (includes town or shire clerk; deputy town or shire clerk; council member; electoral registrar; officer of the Commonwealth or State public service; teacher; police officer; bank manager; legal practitioner; medical practitioner; pharmacist; chartered or certified public accountant; real estate agent; etc.
5. In Tasmania
  • Section 132 of the Evidence Act 1910
  • Justice of the Peace; any person authorised by law to administer an oath; commissioner for declarations.
6. In Northern Territory
  • Oaths Act
  • Justice of the Peace; a person over 18 years of age who should supply their full name and contact details below the signature.
7. Commonwealth and ACT
  • Statutory Declarations Act 1959
  • Justice of the Peace; a wide variety of persons including legal practitioner; medical practitioner; pharmacist; notary public; dentist etc.
Note:   Penalties apply for willfully making a false statement in a statutory declaration.

8. Other Countries
  Applicants from other countries must obtain certification from a similarly authorised person in their country and advise the Board of the basis of this authorization.

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