Protection Act 2018, hereby make the following regulations: 1. Statutory declaration--prescribed form 7. Write your name, address and occupation. 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. 1248. 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. Administered by: Attorney-General's: General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003 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. 14. (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. The Regulations are made by the Treasury further to Part 1 of the Taxation (Cross-border Trade) Act 2018 (c. 22) (“the Act”). As discussed above, the limitation is reasonable, necessary and proportionate to achieve this outcome. In force . 6. 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. Subordinate Legislation (Evidence (Affidavits and Statutory Declarations) Regulations 2008) Extension Regulations 2018 Statutory rule as made Statutory rule number 67/2018 Customs. Listing of persons.......................................................................................................... 5, Schedule 3—Repeals                                                                                                                                       7, Statutory Declarations Regulations 1993                                                                                        7. As discussed above, the limitation is reasonable, necessary and proportionate to achieve this outcome. This provides greater protection to the declarant and authorised witness from arbitrary or unlawful interference with their privacy, family, home or correspondence. In Australia, statutory declarations must be witnessed by a person prescribed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 2018. Statutory Declarations Regulations 2018. 2018/1247, S.I. 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. Statutory rule as made. a person who is listed in Part 2 of Schedule 2. 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. 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. 11. 8  Transitional—form of statutory declaration. Customs. The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 Laid before the House of Commons. 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. 12. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018. [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]. Statutory Instruments. It will not be amended to deal with any later amendments of this instrument. The Instrument engages the right to hold opinions without interference and the right to freedom of expression. 156 Regulations as made: Principal Regulations; Repeals the former Statutory Declarations Regulations. Any other statement in column 2 has effect according to its terms. 152/2018. 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. Exiting The European Union. 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. 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. The Instrument engages the right to recognition everywhere as a person before the law, an absolute right. 1234. (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. 15. WARNING: When you make a statutory declaration, you are declaring that the statements in it are true. 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. The Instrument also engages the right to privacy. 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. 2. 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. 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 Declarations Regulations 2018 1 OPC63377 - B 1 Name This instrument is the Statutory Declarations Regulations 2018. The Customs (Import Duty) (EU Exit) Regulations 2018. 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. (b)  to avoid doubt, does not include the person’s email address. Prescribed persons include those who are a: • Justice of the Peace; • medical practitioner; provide a clearer definition of ‘address’ to clarify that the address provided does not have to be a residential address. Dated 13 September 2018. Regulation. repeal the Statutory Declarations Regulations 1993 under Schedule 3. It adds architects, midwives, migration agents registered under Division 3 of Part 3 of the. 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 Instrument engages the right to recognition everywhere as a person before the law, an absolute right. 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 … i. We highly recommend that you use the Commonwealth statutory declaration form. 13. Authorised version. This instrument is the Statutory Declarations Regulations 2018. Note:          This table relates only to the provisions of this instrument. 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 statutory declaration must be made in writing using the form that can be accessed from the Statutory declarations page. [1], The right to hold opinions without interference and the right to freedom of expression. STATUTORY DECLARATIONS REGULATIONS 2018 (F2018L01296) TABLE OF PROVISIONS 1. 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. 7  Persons before whom a statutory declaration may be made. Exiting The European Union. 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. 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. Note: See section 7.. Part 1 -- Occupations . Customs. 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 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. This was also required under the Statutory Declarations Regulations 1993. 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. Proposed additional categories include architects, midwives, migration agents, occupational therapists, financial advisers and financial planners. Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 S.R. 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. This instrument is made under the Statutory Declarations Act 1959. (2)  Any information in column 3 of the table is not part of this instrument. 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 … 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 2018 No. an authorised occupation or person. list additional categories of persons as authorised witnesses to meet an unmet need within the community. 156 amended as indicated in the Tables below.. This instrument is the Statutory Declarations Regulations 2018. 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. This replaces the previous Statutory Declaration Regulations 1993 (Cth) and now allows financial advisers to witness statutory declarations completed under Commonwealth law. 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. 2020 No. Exiting The European Union. STATUTORY DECLARATIONS REGULATIONS 2018 (F2018L01296) - SCHEDULE 2 Persons before whom a statutory declaration may be made. On 18 September 2018, the Statutory Declarations Regulations 2018 (Cth) came into force. 2 to the Statutory Declaration Regulations 2018. No. Principal + Amendments; Displayed here is a link to the Principal item and item(s) that amend the Principal. Collapse. It will not be amended to deal with any later amendments of this instrument. 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 … as originally made. Certifications) Regulations 2018 S.R. 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