Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 262

Swearing of affidavits

  (1)   An affidavit to be used for the purposes of this Act may be sworn within the Commonwealth or a Territory before a person authorized to administer oaths for the purposes of the High Court or the Supreme Court of a State or Territory, a Judge of a Court having jurisdiction under this Act, an Official Receiver, a justice of the peace, a commissioner for affidavits or a commissioner for declarations.

  (2)   An affidavit to be used for the purposes of this Act may be sworn at a place outside the Commonwealth and the Territories before:

  (aa)   a Commissioner of the High Court authorized to administer oaths in that place for the purposes of the High Court;

  (a)   a commissioner of the Supreme Court of a State or Territory for taking affidavits empowered and authorized to act in that place;

  (b)   an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the Consular Fees Act 1955 , exercising his or her function in that place;

  (ba)   an employee of the Commonwealth who is:

  (i)   authorised under paragraph   3(c) of the Consular Fees Act 1955 ; and

  (ii)   exercising his or her function in that place;

  (bb)   an employee of the Australian Trade and Investment Commission who is:

  (i)   authorised under paragraph   3(d) of the Consular Fees Act 1955 ; and

  (ii)   exercising his or her function in that place;

  (c)   a notary public exercising his or her function in that place; or

  (d)   a person qualified to administer an oath in that place, being a person certified by a person mentioned in any of paragraphs   (aa) to (c), or by the superior court of that place, to be so qualified.

 



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