Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 52, 1959
Compilation No. 8
Compilation date: 1 January 2024
Includes amendments: Act No. 92, 2023
Registered: 3 January 2024
About this compilation
This compilation
This is a compilation of the Statutory Declarations Act 1959 that shows the text of the law as amended and in force on 1 January 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
3 Saving
4 Interpretation
5 Application
5A Application of the Criminal Code
6 Authority to make and use statutory declarations
7 References to statutory declarations
7A Technology neutral signing
8 How statutory declarations are made
9 Statutory declarations--observation by prescribed person
9A Statutory declarations--digital verification
9B Special obligations applying to approved online platforms
10 Declarations under other laws
11 False declarations
12 Jurisdiction of courts
13 Extension of Act to Territories
14 Regulations
15 Approved forms for statutory declarations
16 Review of the operation of this Act
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Miscellaneous
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
52, 1959 | 22 May 1959 | 1 Sept 1959 |
| |
Statute Law Revision (Decimal Currency) Act 1966 | 93, 1966 | 29 Oct 1966 | 1 Dec 1966 | -- |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | |
115, 1990 | 21 Dec 1990 | ss. 3, 5, 6, 8, 9, 16, 17, 20-23, 28, 30, 32, 33, 38 and 39: 4 Feb 1991 (see Gaz 1991, No. GN3, p. 278) | -- | |
136, 1991 | 12 Sept 1991 | Sch: 12 Dec 1991 (see Gaz 1991, No. S336) (s 2(4), 3(3) and (4) | s 3(3) and (4) | |
165, 1992 | 11 Dec 1992 | Sch (Part 2): 8 Jan 1993 (s 2(7)) | -- | |
43, 1996 | 25 Oct 1996 | Sch 5 (item 143): 25 Oct 1996 (s 2(1)) | -- | |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1), (2) and Sch 46: 24 May 2001 (s 2(1)(a)) | s 4(1) and (2) |
62, 2004 | 26 May 2004 | Sch 1 (items 55, 56): 26 Nov 2004 | -- | |
92, 2023 | 17 Nov 2023 | 1 Jan 2024 (s 2(1) item 1) | Sch 1 (items 27 and 28) |
Provision affected | How affected |
s 1..................... | am No 92, 2023 |
s 2..................... | rep No 92, 2023 |
s 3..................... | am No 136, 1991; No 92, 2023 |
s 4..................... | am No 216, 1973; No 115, 1990; No 136, 1991; No 92, 2023 |
s 5..................... | am No 92, 2023 |
s 5A.................... | ad No 24, 2001 |
s 6..................... | am No 43, 1996; No 92, 2023 |
s 7..................... | am No 136, 1991 |
s 7A.................... | ad No 92, 2023 |
s 8..................... | rs No 136, 1991 |
| am No 62, 2004 |
| rs No 92, 2023 |
s 9..................... | rep No 136, 1991 |
| ad No 92, 2023 |
s 9A.................... | ad No 92, 2023 |
s 9B.................... | ad No 92, 2023 |
s 10.................... | am No 92, 2023 |
s 11.................... | am No 93, 1966 |
| rs No 165, 1992 |
| am No 24, 2001 |
s 12.................... | am No 115, 1990; No 92, 2023 |
s 13.................... | am No 92, 2023 |
s 14.................... | ad No 136, 1991 |
| am No 92, 2023 |
s 15.................... | ad No 92, 2023 |
s 16.................... | ad No 92, 2023 |
The Schedule.............. | rep No 62, 2004 |
Section 13--By Proclamation dated 14 September 1972 and in force at 31 August 1979, this Act was declared to extend to the Territories of Christmas Island and Cocos (Keeling) Islands ( see Gazette 1972, No. 93).
Section 13--By Proclamation dated 4 February 1993, this Act was declared to extend to the Territories of the Australian Antarctic Territory, the Coral Sea Islands Territory, the Territory of Ashmore and Cartier Islands and the Territory of Heard Island and McDonald Islands ( see Gazette 1993, No. GN6).