A statutory declaration is a authorized doc that’s made earlier than an authorised individual corresponding to a magistrate, authorized practitioner or notary public that incorporates a sworn, or affirmed and declared, written assertion, backed by the drive of regulation.
Why would possibly I want a statutory declaration?
Statutory declarations could also be obligatory to place forth or confirm info in a variety of contexts, together with for authorized, monetary, employment, training and well being issues.
In a legal regulation context, a statutory declaration could also be required to show {that a} specific individual was driving a car on a selected date, or to ascertain every other factual matter that doesn’t kind a part of court proceedings; which is the place affidavits are used.
What’s contained in a statutory declaration?
A New South Auckland statutory declaration is made beneath the Oaths Act 1900.
A declaration ought to embody you full title, deal with and occupation after which a listing of details that you simply declare to be true. Paperwork will be connected to the declaration as annexures.
The Act offers two codecs wherein statutory declaration will be made.
Underneath Schedule 8 of the Act, the suitable declaration is:
I, [name here], do solemnly and sincerely declare that, and I make this solemn declaration carefully believing the identical to be true, and by advantage of the provisions of the Oaths Act 1900 .
Underneath Schedule 9 of the Act, the suitable declaration is:
I, [name here], of [address here], do hereby solemnly declare and affirm that [the facts to be stated according to the declarant’s knowledge, belief, or information, severally [#93]. And I make this solemn declaration, as to the matter (or issues) aforesaid, in response to the regulation on this behalf made–and topic to the punishment by regulation supplied for any wilfully false assertion in any such declaration.
Who do I must witness a statutory declaration?
To make a statutory declaration in NSW, you will need to signal the declaration within the presence of an authorised witness. Authorised witnesses embody a:
- magistrate, or
- authorized practitioner, or
- notary public.
If the authorised witness has not recognized you for at the least 12 months, they might want to affirm your id with an accepted identification doc.
Examples of an accepted identification paperwork embody a present and legitimate:
- driver licence or allow
- NSW picture card
- Australian proof of age card, together with your picture
- Australian passport, both present or expired lower than two years in the past
- passport or comparable doc together with your picture and signature, issued by a rustic aside from Australia or by the United Nations (with an English language interpretation if not in English).
How can I entry a statutory declaration kind?
Statutory declaration varieties will be accessed through the Service sNSW web site.
What offences apply to breaking the foundations referring to statutory declarations?
Underneath part 21A of the Oaths Act 1900, it’s an offence for an individual to take and obtain a statutory declarations with out being an authorised witness.
This offence carries a most penalty of 12 months imprisonment or 2 penalty items.
One New South Auckland penalty unit is at the moment $110.
Additional offences apply to an individual making a false declaration beneath the Oaths Act
Part 25 of the Act makes it an offence for an individual to wilfully and corruptly makes and subscribes any such declaration, realizing the identical to be unfaithful in any materials specific.
This offence carries a most penalty of 5 years imprisonment.
Part 25A of the Act prescribes a most penalty of seven years in jail the place such a false declaration is made for materials profit.
Authorized defences
If proof of a authorized defence is raised to an offence beneath the Oaths Act, the onus then shifts to the professionals
Going to court for a legal matter?
If you will court over a legal case, name Sydney Criminal lawyers anytime on 9261 8881 to rearrange a free first convention throughout which one in every of our skilled defence lawyers will advise you of your choices and the easiest way ahead, and battle for the optimum consequence.
