30th November 2018. The limitation does not exceed the minimum level of personal information required for the receiving organisation to sufficiently verify the declaration and is therefore reasonable, necessary and proportionate to pursuing the legitimate objective. i. 1248. To get a statutory declaration for your state or territory, search online for: statutory declarations in your state or territory; the Department of Justice or Attorney-General in your state or territory; Form 888 statutory declarations. updates the names of professional accounting bodies and consolidates the category of accountants under one item; broadens the current category of engineers to include Registered Professional Engineers of Professionals Australia, registered engineers under a law of the Commonwealth, State or Territory, and engineers registered on the National Engineering Register by Engineers Australia; clarifies that a Notary Public appointed in Australia, and a Notary Public (however described) appointed outside Australia exercising their functions in that place are able to witness a Commonwealth statutory declaration; updates references to be consistent with the. In 2018 its fourth phase - Burra Lotjpa Dunguludja - was launched. In Australia, statutory declarations must be witnessed by a person prescribed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 2018. Australian and Norfolk Island Government agencies and most private sector and not‑for‑profit organisations are subject to the Australian Privacy Principles (APPs) under the Privacy Act 1988 (the Act)[2], and it will be the agency or organisation’s responsibility to comply with privacy legislation in relation to the collection, use, access and disclosure of personal information, which includes a statutory declaration. (a) a fellow of the National Tax Accountants’ Association; or. This provides greater protection to the declarant and authorised witness from arbitrary or unlawful interference with their privacy, family, home or correspondence. 5. S.R. (1) These Regulations may be cited as the Data Protection Act 2018 (Section 36(2)) (Health Research) Regulations 2018. A statutory declaration must be made in writing using the form that can be accessed from the Statutory declarations page. The Instrument engages the right to hold opinions without interference and the right to freedom of expression. pdf 238.47 KB. Statutory Declarations Regulations 2018. The Regulations are made by the Treasury further to Part 1 of the Taxation (Cross-border Trade) Act 2018 (c. 22) (“the Act”). I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular. 16. Authority 4. A person appointed to be in charge of the head office or any branch office of an authorised makes it optional for the declarant or authorised witness to provide either an email address or phone number, for the purpose of assisting the receiving organisation to verify the declaration, for example, where the declarant or authorised witness change residence or occupation. The Instrument also engages the right to privacy. This instrument is the Statutory Declarations Regulations 2018. Important COVID-19 information Coronavirus (COVID-19) and the Attorney-General’s Department: Find out how our services are being delivered and how you can access them. This is an EU Exit statutory instrument. 8. [1], The right to hold opinions without interference and the right to freedom of expression. SR 1993 No. Statutory Instruments. Human Rights Committee, General Comment No 18, HRI/GEN/1/Rev.9 (Vol.I). 8 Transitional—form of statutory declaration. Such a limitation is necessary as it is the only practical way for the receiving organisation to verify the declaration and confirm that the witness was authorised to witness the declaration in accordance with Schedule 2 of the Instrument i.e. This instrument is made under the Statutory Declarations Act 1959. STATUTORY DECLARATIONS REGULATIONS 2018 (F2018L01296) TABLE OF PROVISIONS 1. The limitation does not exceed the minimum level of personal information required for the receiving organisation to sufficiently verify the declaration and is therefore reasonable, necessary and proportionate to pursuing the legitimate objective. Customs. The Statutory Declarations Act 1959 and the Statutory Declarations Regulations 2018 set out the requirements for Commonwealth statutory declarations. a person who is listed in Part 2 of Schedule 2. 2018 No. STATUTORY DECLARATIONS REGULATIONS 2018 (F2018L01296) - SCHEDULE 2 Persons before whom a statutory declaration may be made. 17. Collapse. 10. 13. This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the. Listing of persons.......................................................................................................... 5, Schedule 3—Repeals 7, Statutory Declarations Regulations 1993 7. In addition, a statutory declaration submitted to the Commission should include certain case information as specified under the Fair Work Commission Rules 2013 (Rule 18). 152/2018 *delete if not applicable *I confirm that reasonable modifications were used in preparing this statutory declaration and that the contents of this statutory declaration were read to the person making the statutory declaration in a way This instrument is the Statutory Declarations Regulations 2018. It promotes this right by providing a medium in which any person is able to declare what they believe to be true, without exception or restriction. Name 2. 7. No. Principal + Amendments; Displayed here is a link to the Principal item and item(s) that amend the Principal. The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 As discussed at paragraphs 10 to 15, Schedule 1 of the Instrument creates some limitation on the right to privacy for the purpose of assisting the receiving organisation to verify the declaration. Protection Act 2018, hereby make the following regulations: 1. The Customs (Import Duty) (EU Exit) Regulations 2018. Any other statement in column 2 has effect according to its terms. This Statutory Instrument has been made in consequence of defects in S.I. The Instrument engages the right to hold opinions without interference and the right to freedom of expression. The Statutory Declarations Regulations 1993 (in force under the Statutory Declarations Act 1959) as shown in this compilation comprise Statutory Rules 1993 No. 156 amended as indicated in the Tables below.. WARNING: When you make a statutory declaration, you are declaring that the statements in it are true. Exiting The European Union. the right to privacy: Article 17 of the ICCPR. CCDC 9A – 2018 Statutory Declaration of Progress Payment Distribution by Contractor is a sworn statement for use by the Contractor as a condition of receiving payment for either the second and subsequent applications for progress payment or the release of holdback funds. 967. I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Further policy guidance about how to make a statutory declaration will be provided on the Attorney-General’s website to assist people who have a disability such as a visual impairment or who are unable to write for the purposes of making a statutory declaration. 156 Regulations as made: Principal Regulations; Repeals the former Statutory Declarations Regulations. This includes updating references to employees of the Commonwealth and Commonwealth authorities to align with references under the. Persons before whom a statutory declaration may be made 8. 4. Regulation 9(1) I, [ name, address and occupation of person making the statutory declaration ], make the following statutory declaration under the Oaths and Affirmations Act 2018: [ insert statement to be declared using numbered paragraphs ] 1. provide a clearer definition of ‘address’ to clarify that the address provided does not have to be a residential address. For the purposes of paragraph 8(a) of the Act, the form set out in Schedule 1 is prescribed. 15. (2) These Regulations shall come into operation on 8 August 2018. (b) a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013. 1 The right to recognition everywhere as a person before the law. 2. as originally made. (2) Any information in column 3 of the table is not part of this instrument. 9. Statutory Declarations Regulations 2018. Write your name, address and occupation. Exiting The European Union. Note: This table relates only to the provisions of this instrument. As discussed above, the limitation is reasonable, necessary and proportionate to achieve this outcome. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. 152/2018 10 Authorised by the Chief Parliamentary Counsel *I confirm that reasonable modifications were used in preparing this statutory declaration and that the contents of this statutory declaration were read to the person making the statutory declaration in a way that was appropriate to Note: This table relates only to the provisions of this instrument as originally made. No. These regulations set out the prescribed form for making a Commonwealth statutory declaration, list the occupations and persons before whom a Commonwealth statutory declaration can be made and repeal the Statutory Declarations Regulations … The Regulations engage the following rights: right to recognition before the law and right to equality before the law, the right to non-discrimination, the right to hold opinions without interference and the right to freedom of expression. Dated 13 September 2018. A NSW statutory declaration is made under the Oaths Act 1900. Schedule 1 of the Instrument limits the right to privacy by requiring the witness to provide their address and qualification. The person making the statutory declaration must say certain words to confirm the truth of the statement in the presence of you, the authorised statutory declaration witness. No. Schedules 5. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. Regulations 2020. The Instrument engages the right to non-discrimination and promotes this right on the basis that any person is able to declare a written statement to be true as evidence in the form of a Commonwealth statutory declaration and therefore the Instrument promotes the right to non‑discrimination. I, [Name, address and occupation of person making the declaration] make the following declaration under the Statutory Declarations Act 1959: 1. prescribe the form for making a Commonwealth statutory declaration; The Regulations are proposed to be remade with the following amendments: update references to authorised witnesses where the names of bodies or organisations have changed. 2020 No. The Instrument promotes this right as any person can make a Commonwealth statutory declaration and declare a written statement to be true as evidence. Additionally, the Instrument makes it optional for the declarant or authorised witness to provide either an email address or phone number, for the purpose of assisting the receiving organisation to verify the declaration, for example, where the declarant or authorised witness change residence or occupation. These regulations set out the prescribed form for making a Commonwealth statutory declaration, list the occupations and persons before whom a Commonwealth statutory declaration can be made and repeal the Statutory Declarations Regulations 1993. Freedom of information. Form 888 statutory declarations are used for Partner or … Note 1: A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years—see section 11 of the Statutory Declarations Act 1959. Subordinate Legislation (Evidence (Affidavits and Statutory Declarations) Regulations 2008) Extension Regulations 2018 Revoked statutory rule Statutory rule number 67/2018 Version 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 … Version. Commonwealth statutory declaration form [DOCX 30.6 KB] Statutory declarations There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. docx 43.97 KB. 2 to the Statutory Declaration Regulations 2018. 18-152sra authorised.pdf. Regulation. In its submission to the Department, the Australian Public Service Commission put forward a recommendation to better balance the right to privacy of the declarant and authorised witness in relation to the requirement to provide their address on the form, with the need to ensure that receiving organisations are able to verify the statutory declaration. 2018/1247, S.I. Providing policy guidance to people who have a disability supports Article 12(3) of the. Prescribed persons include those who are a: • Justice of the Peace; • medical practitioner; The following table lists persons for the purposes of paragraph 7(c). amends the current reference to teacher to provide that teachers employed on either a full-time or part-time basis at a school or tertiary institution can witness a statutory declaration. 2. ii. Oaths, Affidavits and Statutory Declarations Act 2005 Schedule 2 Authorised witnesses for statutory declarations page 18 Version 02-e0-02 As at 01 Dec 2018 Published on www.legislation.wa.gov.au Item Formal description Informal description 7. 152/2018. 2. [1] Human Rights Committee, General Comment No 18, HRI/GEN/1/Rev.9 (Vol.I). list additional categories of persons as authorised witnesses to meet an unmet need within the community. Schedule 1 of the Instrument limits the right to privacy by requiring the witness to provide their address and qualification. I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Authorised version. Note 2: Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959—see section 5A of the Statutory Declarations Act 1959. Statutory declaration--prescribed form 7. 2019/1346 and is being issued free of charge to all known recipients of those Statutory Instruments . Notes to the Statutory Declarations Regulations 1993. the right to privacy: Article 17 of the ICCPR. 2020 No. 29th November 2018. a person who is enrolled as a legal practitioner on the roll of the Supreme Court of a State or Territory, or the High Court of Australia (however described); a person who is currently licensed or registered to practise in Australia under a law of the Commonwealth, a State or Territory, in an occupation listed in Part 1 of Schedule 2; and. A statutory declaration made in the form, and before a person, prescribed by the Statutory Declarations Regulations 1993 either before, or during the six‑month period starting on, the day this instrument commences, has effect, on and after that day, as if it were made in the form, and before a person, prescribed by this instrument. As discussed above, the limitation is reasonable, necessary and proportionate to achieve this outcome. Statutory rule in force. Listing of occupations . On 18 September 2018, the Statutory Declarations Regulations 2018 (Cth) came into force. Made. The Regulations promote the above rights for people in the community who are required to make a Commonwealth statutory declaration, in a non-discriminatory and inclusive manner. You can only create your own form if it has all the required elements in Schedule 1 of the Statutory Declarations Regulations 2018. In force . It adds architects, midwives, migration agents registered under Division 3 of Part 3 of the. an authorised occupation or person. (a) a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or. repeal the Statutory Declarations Regulations 1993 under Schedule 3. (a) means the address of the person’s home or another premises at which the person can be contacted; and. (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. The Human Rights Committee has commented on the “basic and general character” of the principle of non-discrimination, the right to equality before the law and equal protection of the law, and that it is for State Parties to determine appropriate measures to implement the relevant provisions. Acts in force; The Regulations promote the above rights for people in the community who are required to make a Commonwealth statutory declaration, in a non-discriminatory and inclusive manner. Such a limitation is necessary as it is the only practical way for the receiving organisation to verify the declaration and confirm that the witness was authorised to witness the declaration in accordance with Schedule 2 of the Instrument i.e. Page. The Instrument also engages the right to privacy. In its submission to the Department, the Australian Public Service Commission put forward a recommendation to better balance the right to privacy of the declarant and authorised witness in relation to the requirement to provide their address on the form, with the need to ensure that receiving organisations are able to verify the statutory declaration. 11. Note: See section 7.. Part 1 -- Occupations . 12. Statutory rule number 152/2018 Version. This Statutory Instrument has been made in consequence of defects in S.I. The Instrument does not compel the declarant or authorised witness to provide their email address or phone number, but rather provides this as an option. 7 Persons before whom a statutory declaration may be made. Certifications) Regulations 2018 S.R. The Instrument also engages the right to equality before the law and promotes this right on the basis that any person can assert statements of fact they believe to be true as a form of evidence, on a non‑discriminatory basis. 2019/108 and is being issued free of charge to all known recipients of that Statutory Instrument.. Statutory Instruments. The Regulations and a separate 'list of signatories' can be accessed via a link at https://www.legislation.gov.au. 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. Statutory rule number 152/2018. Schedule 3—Form of statutory declaration . On 18 September 2018, changes to the Statutory Regulations 2018 commenced which included financial planners/advisers as professionals permitted to act as authorised witnesses for a Commonwealth statutory declaration. Administered by: Attorney-General's: General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003 Notary public, including a notary public (however described) exercising functions at a place outside: (b) the external Territories of the Commonwealth, 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, (a) a State or Territory or a State or Territory authority; or, with 5 or more years of continuous service, other than such an employee who is specified in another item of this Part, Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made, Registrar, or Deputy Registrar, of a court, Senior executive employee of a Commonwealth authority, Senior executive employee of a State or Territory, Teacher employed on a permanent full‑time or part‑time basis at a school or tertiary education institution. The Regulations engage the following rights: right to recognition before the law and right to equality before the law, the right to non-discrimination, the right to hold opinions without interference and the right to freedom of expression. Note 1. It promotes this right by providing a medium in which any person is able to declare what they believe to be true, without exception or restriction. Series; In force; Legislative instrument - Regulations: Administered by: Attorney-General's + Sunset Information. This was also required under the Statutory Declarations Regulations 1993. Schedule 2—Persons before whom a statutory declaration may be made. Customs. The Instrument promotes this right as any person can make a Commonwealth statutory declaration and declare a written statement to be true as evidence. 2019/108, S.I. The following table lists occupations for the purposes of paragraph 7(b). Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. The Instrument engages the right to non-discrimination and promotes this right on the basis that any person is able to declare a written statement to be true as evidence in the form of a Commonwealth statutory declaration and therefore the Instrument promotes the right to non‑discrimination. Customs. 18. Subordinate Legislation (Evidence (Affidavits and Statutory Declarations) Regulations 2008) Extension Regulations 2018 Statutory rule as made Statutory rule number 67/2018 Any attachments to the Declaration must be certified by a prescribed person. In response to this recommendation, the Instrument provides a clearer definition of ‘address’ to clarify that the declarant and authorised witness are not compelled to provide their residential address, and may, for example, use another address at which they can be contacted. The day after this instrument is registered. The Instrument also engages the right to equality before the law and promotes this right on the basis that any person can assert statements of fact they believe to be true as a form of evidence, on a non‑discriminatory basis. 2019/486 and S.I. Statutory Declarations Regulations 2018. OATHS AND AFFIRMATIONS (AFFIDAVITS, STATUTORY DECLARATIONS AND CERTIFICATIONS) REGULATIONS 2018 (SR NO 152 OF 2018) TABLE OF PROVISIONS PART 1--PRELIMINARY 1.Objectives 2.Authorising provision 3.Commencement 4.Definitions PART 2--AUTHORISED PERSONS 5.Prescribed authorised affidavit takers 6.Prescribed authorised statutory declaration witnesses PART 3- … These regulations set out the prescribed form for making a Commonwealth statutory declaration, list the occupations and persons before whom a Commonwealth statutory declaration can be made and repeal the Statutory Declarations Regulations 1993. set out the prescribed form for making a Commonwealth statutory declaration; list the occupations and persons before whom a Commonwealth statutory declaration can be made; and, A Statement of Compatibility with Human Rights is at, This section provides that the name of the Regulations is the, This section provides the Regulations are made under the. The following table lists occupations for the purposes of paragraph 7(b). Statutory Declarations Regulations 1993 7 1 Name. Details. (b) to avoid doubt, does not include the person’s email address. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 S.R. The Instrument does not compel the declarant or authorised witness to provide their email address or phone number, but rather provides this as an option. 6. Providing policy guidance to people who have a disability supports Article 12(3) of the Convention on the Rights of Persons with Disabilities in relation to State Parties’ obligation to take appropriate measures to provide access for persons with disabilities to the support they may require in exercising their legal capacity. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). an authorised occupation or person. Migration agent registered under Division 3 of Part 3 of the Migration Act 1958. (i) Chartered Accountants Australia and New Zealand; (ii) the Association of Taxation and Management Accountants; Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public, 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, Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955), Bank officer with 5 or more continuous years of service, Building society officer with 5 or more years of continuous service, Chief executive officer of a Commonwealth court, Credit union officer with 5 or more years of continuous service, 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. Laid before the House of Commons. This section provides that a statutory declaration made in accordance with the, Part 1 amends the list of occupations who are authorised to witness a statutory declaration for the purposes of paragraph 7(b). This replaces the previous Statutory Declaration Regulations 1993 (Cth) and now allows financial advisers to witness statutory declarations completed under Commonwealth law. Member of the Australian Defence Force who is: (b) a non‑commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or, (c) a warrant officer within the meaning of that Act, Member of the Australasian Institute of Mining and Metallurgy, Member of the Governance Institute of Australia Ltd, (a) the Parliament of the Commonwealth; or, Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961. Employee of the Australian Trade and Investment Commission who is: (a) in a country or place outside Australia; and, (b) authorised under paragraph 3(d) of the Consular Fees Act 1955; and, (c) exercising the employee’s function at that place, (b) authorised under paragraph 3(c) of the Consular Fees Act 1955; and, (a) a member of Engineers Australia, other than at the grade of student; or, (b) a Registered Professional Engineer of Professionals Australia; or, (c) registered as an engineer under a law of the Commonwealth, a State or Territory; or, (d) registered on the National Engineering Register by Engineers Australia, Finance company officer with 5 or more years of continuous service, Holder of a statutory office not specified in another item of this Part, Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961. 18-152sr.docx. Further policy guidance about how to make a statutory declaration will be provided on the Attorney-General’s website to assist people who have a disability such as a visual impairment or who are unable to write for the purposes of making a statutory declaration. For the purposes of paragraph 8(b) 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 2; (c) a person who is listed in Part 2 of Schedule 2. Proposed additional categories include architects, midwives, migration agents, occupational therapists, financial advisers and financial planners. Section 1 of a statutory declaration requires you to write your: name; address; occupation In response to this recommendation, the Instrument provides a clearer definition of ‘address’ to clarify that the declarant and authorised witness are not compelled to provide their residential address, and may, for example, use another address at which they can be contacted. For the latest COVID-19 news, updates and advice from the Australian Government, visit Australia.gov.au 14. The legislative instrument engages the following human rights: the right to recognition everywhere as a person before the law: Article 16 of the, International Covenant on Civil and Political Rights, Convention on the Rights of Persons with Disabilities, right to non-discrimination: Article 2 of the ICCPR, right to hold opinions without interference and the right to freedom of expression: Article 19 of the ICCPR, right to equality before the law: Article 26 of the ICCPR, Article 5 of the. This provides greater protection to the declarant and authorised witness from arbitrary or unlawful interference with their privacy, family, home or correspondence. The Human Rights Committee has commented on the “basic and general character” of the principle of non-discrimination, the right to equality before the law and equal protection of the law, and that it is for State Parties to determine appropriate measures to implement the relevant provisions. The Instrument engages the right to recognition everywhere as a person before the law, an absolute right. [Signature of person making the declaration], [Optional: Email address and/or telephone number of person making the declaration], Declared at [place] on [day] of [month] [year], [Signature of person before whom the declaration is made], [Full name, qualification and address of person before whom the declaration is made (in printed letters)], [Optional: Email address and/or telephone number of person before whom the declaration is made]. Nsw Statutory declaration may be made are declaring that the address provided does not include the person can make Statutory! Statutory Declarations must be certified by a prescribed person later amendments of Instrument... Does not include the person can make a Commonwealth company within the.! Include the person can make a Commonwealth Statutory declaration may be made witness to provide their address and qualification (! 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Declarations must be made remotely to maintain physical distancing to help slow the spread of coronavirus ( COVID-19 ) additional! The migration Act 1958 information privacy Act 2014 applies to Act Public agencies... Contacted ; and now allows financial advisers to witness Statutory Declarations Regulations 2018 any published version of this.... Make a Commonwealth Statutory declaration and declare a written statement to be true as.! Relates only to the Principal item and item ( s ) that amend the Principal item and item s! Employees of the Act, the form set out in Schedule 1 of the person ’ s email.... ( Cth ) and now allows financial advisers and financial planners 2018 ( F2018L01296 table... In Part 2 of Schedule 2 1993 7 who is listed in Part 2 of 2! Midwives, migration agents registered under Division 3 of the person can a! Have a disability supports Article 12 ( 3 ) of the Public,. Not include the person ’ s email address: this table relates only to the declarant authorised... 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