(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. Note 1. 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. 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. Freedom of information. 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. [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]. As discussed above, the limitation is reasonable, necessary and proportionate to achieve this outcome. 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 … We highly recommend that you use the Commonwealth statutory declaration form. 16. Statutory Declarations Regulations 2018. 156 amended as indicated in the Tables below.. 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. 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. 14. This replaces the previous Statutory Declaration Regulations 1993 (Cth) and now allows financial advisers to witness statutory declarations completed under Commonwealth law. 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. as originally made. 2. ii. 1 13. 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. Note: See section 7.. Part 1 -- Occupations . Laid before the House of Commons. 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. 2018/1248, S.I. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 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). 30th November 2018. The following table lists occupations for the purposes of paragraph 7(b). 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. 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 the right to privacy: Article 17 of the ICCPR. In force . 11. It will not be amended to deal with any later amendments of this instrument. (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. Note:          This table relates only to the provisions of this instrument. repeal the Statutory Declarations Regulations 1993 under Schedule 3. Name 2. This instrument is made under the Statutory Declarations Act 1959. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 S.R. 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. Any attachments to the Declaration must be certified by a prescribed person. 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. 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. Listing of occupations . provide a clearer definition of ‘address’ to clarify that the address provided does not have to be a residential address. 2018/1247, S.I. 2019/1346 and is being issued free of charge to all known recipients of those Statutory Instruments . 1248. Write your name, address and occupation. The Instrument engages the right to hold opinions without interference and the right to freedom of expression. Exiting The European Union. It also includes the addition of a major professional body that represents engineers; consolidate categories such as accountants into one item; provide better options for people to make a Commonwealth statutory declaration overseas by including Notary Publics who are appointed overseas, exercising their functions at that place, on the list of authorised witnesses; make minor amendments to the Commonwealth statutory declarations form to allow an option for the declarant or authorised witness to provide either their email address or phone number on the form, to assist receiving organisations to make contact should they wish to verify the declaration; and. WARNING: When you make a statutory declaration, you are declaring that the statements in it are true. 8  Transitional—form of statutory declaration. 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. Made. 2020 No. Any other statement in column 2 has effect according to its terms. 18-152sr.docx. 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. 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. The day after this instrument is registered. I, [Name, address and occupation of person making the declaration] make the following declaration under the Statutory Declarations Act 1959: 1. 2019/108, 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. 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. 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. 10. Exiting The European Union. No. 9. This is an EU Exit statutory instrument. Principal + Amendments; Displayed here is a link to the Principal item and item(s) that amend the Principal. 12. Customs. 18. 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. 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. 2. 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. As discussed above, the limitation is reasonable, necessary and proportionate to achieve this outcome. 17. 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). The Customs (Import Duty) (EU Exit) Regulations 2018. (b)  a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013. Statutory Declarations Regulations 1993 7 1 Name. 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. Subordinate Legislation (Evidence (Affidavits and Statutory Declarations) Regulations 2008) Extension Regulations 2018 Statutory rule as made Statutory rule number 67/2018 2019/108 and is being issued free of charge to all known recipients of that Statutory Instrument.. Statutory Instruments. 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. Statutory Instruments. This was also required under the Statutory Declarations Regulations 1993. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. Definitions 6. 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. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. Note:          This table relates only to the provisions of this instrument as originally made. Statutory Declarations Regulations 2018. This instrument is the Statutory Declarations Regulations 2018. In 2018 its fourth phase - Burra Lotjpa Dunguludja - was launched. STATUTORY DECLARATIONS REGULATIONS 2018 (F2018L01296) TABLE OF PROVISIONS 1. The Statutory Declarations Regulations 1993 (in force under the Statutory Declarations Act 1959) as shown in this compilation comprise Statutory Rules 1993 No. Page. (1) These Regulations may be cited as the Data Protection Act 2018 (Section 36(2)) (Health Research) Regulations 2018. 4. Statutory declaration--prescribed form 7. 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. (a) a fellow of the National Tax Accountants’ Association; or. (a)  a Commonwealth entity within the meaning of the, (b)  a Commonwealth company within the meaning of the, Persons before whom a statutory declaration may be made, (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, Transitional—form of statutory declaration, A statutory declaration made in the form, and before a person, prescribed by the, 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, 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, Migration agent registered under Division 3 of Part 3 of the, Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the, (b) authorised under paragraph 3(d) of the, (b) authorised under paragraph 3(c) of the, Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the, (b) a non‑commissioned officer within the meaning of the, Minister of religion registered under Subdivision A of Division 1 of Part IV of the, 7 Persons before whom a statutory declaration may be made, 8 Transitional—form of statutory declaration. This provides greater protection to the declarant and authorised witness from arbitrary or unlawful interference with their privacy, family, home or correspondence. No. 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- … 15. 2020 No. Notes to the Statutory Declarations Regulations 1993. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). In Australia, statutory declarations must be witnessed by a person prescribed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 2018. Listing of persons.......................................................................................................... 5, Schedule 3—Repeals                                                                                                                                       7, Statutory Declarations Regulations 1993                                                                                        7. Each instrument that is specified in Schedule 3 to this instrument is amended or repealed as set out in the applicable items in that Schedule concerned, and any other item in that Schedule has effect according to its terms. A statutory declaration must be made in writing using the form that can be accessed from the Statutory declarations page. S.R. 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. 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. 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. Statutory rule in force. Statutory rule as made. Schedule 2—Persons before whom a statutory declaration may be made. Form 888 statutory declarations are used for Partner or … 8. Schedule 1 of the Instrument limits the right to privacy by requiring the witness to provide their address and qualification. Section 1 of a statutory declaration requires you to write your: name; address; occupation Statutory Instruments. The Instrument promotes this right as any person can make a Commonwealth statutory declaration and declare a written statement to be true as evidence. A NSW statutory declaration is made under the Oaths Act 1900. (b)  to avoid doubt, does not include the person’s email address. 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. 7  Persons before whom a statutory declaration may be made. i. 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. 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. The Instrument also engages the right to privacy. 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. The Regulations are made by the Treasury further to Part 1 of the Taxation (Cross-border Trade) Act 2018 (c. 22) (“the Act”).